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91_HB0631enr
HB0631 Enrolled LRB9100454SMdvE
1 AN ACT regarding adoption, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Illinois Adoption Registry and Medical
8 Information Exchange Fund.
9 Section 7. The Illinois Vehicle Code is amended by
10 changing Section 6-115 as follows:
11 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
12 Sec. 6-115. Expiration of driver's license.
13 (a) Except as provided elsewhere in this Section, every
14 driver's license issued under the provisions of this Code
15 shall expire 4 years from the date of its issuance, or at
16 such later date, as the Secretary of State may by proper rule
17 and regulation designate, not to exceed 12 calendar months;
18 in the event that an applicant for renewal of a driver's
19 license fails to apply prior to the expiration date of the
20 previous driver's license, the renewal driver's license shall
21 expire 4 years from the expiration date of the previous
22 driver's license, or at such later date as the Secretary of
23 State may by proper rule and regulation designate, not to
24 exceed 12 calendar months.
25 The Secretary of State may, however, issue to a person
26 not previously licensed as a driver in Illinois a driver's
27 license which will expire not less than 4 years nor more than
28 5 years from date of issuance, except as provided elsewhere
29 in this Section.
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1 The Secretary of State is authorized to issue driver's
2 licenses during the years 1984 through 1987 which shall
3 expire not less than 3 years nor more than 5 years from the
4 date of issuance, except as provided elsewhere in this
5 Section, for the purpose of converting all driver's licenses
6 issued under this Code to a 4 year expiration. Provided that
7 all original driver's licenses, except as provided elsewhere
8 in this Section, shall expire not less than 4 years nor more
9 than 5 years from the date of issuance.
10 (b) Before the expiration of a driver's license, except
11 those licenses expiring on the individual's 21st birthday, or
12 3 months after the individual's 21st birthday, the holder
13 thereof may apply for a renewal thereof, subject to all the
14 provisions of Section 6-103, and the Secretary of State may
15 require an examination of the applicant. A licensee whose
16 driver's license expires on his 21st birthday, or 3 months
17 after his 21st birthday, may not apply for a renewal of his
18 driving privileges until he reaches the age of 21.
19 (c) The Secretary of State shall, 30 days prior to the
20 expiration of a driver's license, forward to each person
21 whose license is to expire a notification of the expiration
22 of said license which may be presented at the time of renewal
23 of said license.
24 There may be included with such notification information
25 explaining the anatomical gift and Emergency Medical
26 Information Card provisions of Section 6-110. The format and
27 text of such information shall be prescribed by the
28 Secretary.
29 There shall be included with such notification, for a
30 period of 4 years beginning January 1, 2000 information
31 regarding the Illinois Adoption Registry and Medical
32 Information Exchange established in Section 18.1 of the
33 Adoption Act.
34 (d) The Secretary may defer the expiration of the
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1 driver's license of a licensee, spouse, and dependent
2 children who are living with such licensee while on active
3 duty, serving in the Armed Forces of the United States
4 outside of the State of Illinois, and 45 days thereafter,
5 upon such terms and conditions as the Secretary may
6 prescribe.
7 (e) The Secretary of State may decline to process a
8 renewal of a driver's license of any person who has not paid
9 any fee or tax due under this Code and is not paid upon
10 reasonable notice and demand.
11 (f) The Secretary shall provide that each original or
12 renewal driver's license issued to a licensee under 21 years
13 of age shall expire 3 months after the licensee's 21st
14 birthday. Persons whose current driver's licenses expire on
15 their 21st birthday on or after January 1, 1986 shall not
16 renew their driver's license before their 21st birthday, and
17 their current driver's license will be extended for an
18 additional term of 3 months beyond their 21st birthday.
19 Thereafter, the expiration and term of the driver's license
20 shall be governed by subsection (a) hereof.
21 (g) The Secretary shall provide that each original or
22 renewal driver's license issued to a licensee 81 years of age
23 through age 86 shall expire 2 years from the date of
24 issuance, or at such later date as the Secretary may by rule
25 and regulation designate, not to exceed an additional 12
26 calendar months. The Secretary shall also provide that each
27 original or renewal driver's license issued to a licensee 87
28 years of age or older shall expire 12 months from the date of
29 issuance, or at such later date as the Secretary may by rule
30 and regulation designate, not to exceed an additional 12
31 calendar months.
32 (Source: P.A. 86-467.)
33 Section 10. The Adoption Act is amended by changing
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1 Sections 18.1, 18.2, 18.3, 18.3a, 18.4a, 18.5, and 18.6 and
2 by adding Sections 18.04, 18.05, 18.06, 18.07, 18.1a, 18.1b,
3 18.1c, 18.7, and 18.8 as follows:
4 (750 ILCS 50/18.04 new)
5 Sec. 18.04. The Illinois Adoption Registry and Medical
6 Information Exchange; legislative intent. The General
7 Assembly recognizes the importance of creating a procedure by
8 which mutually consenting adult members of birth families,
9 adoptive parents and legal guardians of adopted and
10 surrendered children, and adult adopted or surrendered
11 persons may voluntarily exchange vital medical information
12 throughout the life of the adopted or surrendered person.
13 The General Assembly supports public policy that requires
14 explicit mutual consent prior to the release of confidential
15 information. The General Assembly further recognizes that it
16 is in the best interest of adopted and surrendered persons
17 that birth family medical histories and the preferences
18 regarding contact of all parties to an adoption be compiled,
19 preserved and provided to mutually consenting adoptive
20 parents and legal guardians of adopted or surrendered
21 children and to adult adopted or surrendered persons and
22 their birth parents and siblings. The purpose of this
23 amendatory Act of 1999 is to respond to these concerns by
24 enhancing the Adoption Registry and creating the voluntary
25 Medical Information Exchange.
26 (750 ILCS 50/18.05 new)
27 Sec. 18.05. The Illinois Adoption Registry and Medical
28 Information Exchange.
29 (a) General function. Subject to appropriation, the
30 Department of Public Health shall redefine the function of
31 the Illinois Adoption Registry and create the Medical
32 Information Exchange in the manner outlined in subsections
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1 (b) and (c) for the purpose of facilitating the voluntary
2 exchange of medical information between mutually consenting
3 birth parents or birth siblings and mutually consenting
4 adoptive parents or legal guardians of adopted or surrendered
5 persons under the age of 21 or adopted or surrendered persons
6 21 years of age or over. The Department shall establish rules
7 for the confidential operation of the Illinois Adoption
8 Registry. Beginning January 1, 2000, the Department shall
9 conduct a public information campaign through public service
10 announcements and other forms of media coverage and, for a
11 minimum of 4 years, through notices enclosed with driver's
12 license renewal applications, shall inform adopted and
13 surrendered persons born, surrendered, or adopted in Illinois
14 and their adoptive parents, legal guardians, birth parents
15 and birth siblings of the Illinois Adoption Registry and
16 Medical Information Exchange. The Department shall notify
17 all parties who registered with the Illinois Adoption
18 Registry prior to January 1, 2000 of the provisions of this
19 amendatory Act of 1999. The Illinois Adoption Registry shall
20 also maintain an informational Internet site where interested
21 parties may access information about the Illinois Adoption
22 Registry and Medical Information Exchange and download all
23 necessary application forms. The Illinois Adoption Registry
24 shall maintain statistical records regarding Registry
25 participation and publish and circulate to the public
26 informational material about the function and operation of
27 the Registry.
28 (b) Establishment of the Adoption/Surrender Records
29 File. When a person has voluntarily registered with the
30 Illinois Adoption Registry and completed an Illinois Adoption
31 Registry Application or a Registration Identification Form,
32 the Registry shall establish a new Adoption/Surrender Records
33 File. Such file may concern an adoption that was finalized
34 by a court action in the State of Illinois, an adoption of a
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1 person born in Illinois finalized by a court action in a
2 state other than Illinois or in a foreign country, or a
3 surrender taken in the State of Illinois. Such file may be
4 established for adoptions or surrenders finalized prior to as
5 well as after the effective date of this amendatory Act of
6 1999. A file may be created in any manner to preserve
7 documents including but not limited to microfilm, optical
8 imaging, or electronic documents.
9 (c) Contents of the Adoption/Surrender Records File. An
10 established Adoption/Surrender Records File shall be limited
11 to the following items, to the extent that they are
12 available:
13 (1) The General Information Section and Medical
14 Information Exchange Questionnaire of any Illinois
15 Adoption Registry Application or a Registration
16 Identification Form which has been voluntarily completed
17 by the adopted or surrendered person or his or her
18 adoptive parents, legal guardians, birth parents, or
19 birth siblings.
20 (2) Any photographs voluntarily provided by any
21 registrant for the adopted or surrendered person or his
22 or her adoptive parents, legal guardians, birth parents,
23 or birth siblings at the time of registration or any time
24 thereafter. All such photographs shall be submitted in an
25 unsealed envelope no larger than 8 1/2" x 11", and shall
26 not include identifying information pertaining to any
27 person other than the registrant who submitted them. Any
28 such identifying information shall be redacted by the
29 Department or the information shall be returned for
30 removal of identifying information.
31 (3) Any Information Exchange Authorization or
32 Denial of Information Exchange which has been filed by a
33 registrant.
34 (4) For all adoptions finalized after January 1,
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1 2000, copies of the original certificate of live birth
2 and the certificate of adoption.
3 (5) Any updated address submitted by any registered
4 party about himself or herself.
5 (6) Any proof of death which has been submitted by
6 an adopted or surrendered person, adoptive parent, legal
7 guardian, birth parent, or birth sibling.
8 (750 ILCS 50/18.06 new)
9 Sec. 18.06. Definitions. When used in Sections 18.05
10 through Section 18.6, for the purposes of the Registry:
11 "Adopted person" means a person who was adopted pursuant
12 to the laws in effect at the time of the adoption.
13 "Adoptive parent" means a person who has become a parent
14 through the legal process of adoption.
15 "Agency" means a public child welfare agency or a
16 licensed child welfare agency.
17 "Birth father" means the biological father of an adopted
18 or surrendered person who is named on the original
19 certificate of live birth or on a consent or surrender
20 document, or a biological father whose paternity has been
21 established by a judgment or order of the court, pursuant to
22 the Illinois Parentage Act of 1984.
23 "Birth mother" means the biological mother of an adopted
24 or surrendered person.
25 "Birth parent" means a birth mother or birth father of an
26 adopted or surrendered person.
27 "Birth sibling" means the adult full or half sibling of
28 an adopted or surrendered person.
29 "Denial of Information Exchange" means an affidavit
30 completed by a registrant with the Illinois Adoption Registry
31 and Medical Information Exchange denying the release of
32 identifying information.
33 "Information Exchange Authorization" means an affidavit
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1 completed by a registrant with the Illinois Adoption Registry
2 and Medical Information Exchange authorizing the release of
3 identifying information.
4 "Medical Information Exchange Questionnaire" means the
5 medical history questionnaire completed by a registrant of
6 the Illinois Adoption Registry and Medical Information
7 Exchange.
8 "Proof of death" means a death certificate.
9 "Registrant" or "Registered Party" means a birth parent,
10 birth sibling, adopted or surrendered person over the age of
11 21, or adoptive parent or legal guardian of an adopted or
12 surrendered person under the age of 21 who has filed an
13 Illinois Adoption Registry Application or Registration
14 Identification Form with the Registry.
15 "Surrendered person" means a person whose parents' rights
16 have been surrendered or terminated but who has not been
17 adopted.
18 (750 ILCS 50/18.07 new)
19 Sec. 18.07. Adoption Registry Advisory Council. There
20 is established an Adoption Registry Advisory Council. The
21 Council shall be chaired by the Director of the Department of
22 Public Health or his designee. The Council shall include the
23 Director of the Department of Children and Family Services or
24 his designee. The Council shall also include one
25 representative from each of the following organizations:
26 Adoption Advocates of Illinois, Adoptive Families Today,
27 American Adoption Congress, Catholic Conference of Illinois,
28 Chicago Area Families for Adoption, Chicago Bar Association,
29 Child Care Association of Illinois, Children Remembered,
30 Inc., Children's Home and Aid Society of Illinois, Child
31 Welfare Advisory Council, The Cradle, Healing Hearts,
32 Illinois Foster Parents Association, Illinois State Bar
33 Association, Illinois State Medical Society, Jewish
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1 Children's Bureau, Kids Help Foundation, LDS Social Services,
2 Lutheran Social Services of Illinois, Maryville Academy,
3 Midwest Adoption Center, St. Mary's Services, Stars of David,
4 and Truthseekers in Adoption.
5 If any one of the above named organizations notifies the
6 Director of the Department of Public Health in writing that
7 the organization does not wish to participate on the Advisory
8 Council or that the organization is no longer functioning,
9 the Director shall appoint another organization that
10 represents the same constituency as the named organization to
11 replace the named organization on the Council.
12 The Council's responsibilities shall include the following:
13 1) Advising the Department on the development of rules,
14 procedures, and forms utilized by the Illinois Adoption
15 Registry and Medical Information Exchange;
16 2) Making recommendations regarding the procedures,
17 tools and technology that will ensure efficient and
18 effective operation of the Registry;
19 3) Submitting a report to the Governor and the General
20 Assembly no later than January 1, 2001, on the status of
21 the Registry, an evaluation of the effectiveness of the
22 Registry, and pertinent statistics regarding the
23 Registry;
24 4) Assisting the Department with the development,
25 publication, and circulation of an informational pamphlet
26 that describes the purpose, function, and mechanics of
27 the Illinois Adoption Registry and Medical Information
28 Exchange, including information about who is eligible to
29 register and how to register; information about the
30 questions and concerns that registrants may develop when
31 they register or when they receive information from the
32 Registry; and a list of services, programs, groups, and
33 informational websites that are available to assist
34 registrants with their questions and concerns.
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1 (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
2 Sec. 18.1. Disclosure of identifying information.
3 (a) The Department of Public Health shall establish and
4 maintain a Registry for the purpose of providing identifying
5 information to mutually consenting adult adopted or
6 surrendered persons, birth parents, adoptive parents, legal
7 guardians and birth siblings children surrendered for
8 adoption or adoptees and biological parents and to mutually
9 consenting biological siblings. Identifying information for
10 the purpose of this Act shall mean any one or more of the
11 following:
12 (1) only The name and last known address of the
13 consenting person or persons.
14 (2) A copy of the Illinois Adoption Registry
15 Application of the consenting person or persons.
16 (3) A copy of the original certificate of live
17 birth of the adopted person.
18 Written authorization from all parties identified must be
19 received prior to disclosure of any identifying information.
20 (b) At any time after a child is surrendered for
21 adoption, or at any time during the adoption proceedings or
22 at any time thereafter, either birth biological parent or
23 both of them may file with the Registry a Birth Biological
24 Parent Registration Identification Form and an Information
25 Exchange Authorization or a Denial of Information Exchange.
26 (b-5) A birth sibling 21 years of age or over who was
27 not surrendered for adoption and who has submitted proof of
28 death for a deceased birth parent and such birth parent did
29 not file a Denial of Information Exchange with the Registry
30 prior to his or her death may file a Registration
31 Identification Form and an Information Exchange Authorization
32 or a Denial of Information Exchange.
33 (c) Any adopted person over the age of 21 adoptee, or
34 any surrendered person over the age of 21 child who has been
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1 surrendered for adoption but not adopted ("surrendered
2 child"), or any adoptive parent or legal guardian of an
3 adopted or surrendered person under the age of 21 may file
4 with the Registry a an Adoptee Registration Identification
5 Form or a Surrendered Child Registration Identification Form
6 and an Information Exchange Authorization or a Denial of
7 Information Exchange. if such adoptee or surrendered child is
8 21 years of age or over; or, if over 18 years of age and
9 under 21 years of age, if there is attached to the
10 Information Exchange Authorization (1) written consent of
11 both adoptive parents, or (2) written consent of a single
12 adoptive parent with a certified copy of the Judgment of
13 Adoption, or (3) proof of the death of one adoptive parent
14 and written consent of the surviving adoptive parent, or (4)
15 written consent of the guardian of the adoptee or surrendered
16 child with a certified copy of the Order of Guardianship.
17 (d) The Department of Public Health shall supply to the
18 adopted adoptee or surrendered person or his or her adoptive
19 parents or legal guardians child and to the birth biological
20 parents identifying information only if both the adopted
21 adoptee or surrendered person child or his or her adoptive
22 parents or legal guardians and the birth biological parents
23 have filed with the Registry an Information Exchange
24 Authorization and the information at the Registry indicates
25 that the consenting adopted adoptee or surrendered person
26 child or the child of the consenting adoptive parents or
27 legal guardians is the child of the consenting birth
28 biological parents.
29 The Department of Public Health shall supply to adopted
30 adoptees or surrendered persons children who are birth
31 biological siblings identifying information only if both
32 siblings have filed with the Registry an Information Exchange
33 Authorization and the information at the Registry indicates
34 that the consenting siblings have one or both birth
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1 biological parents in common. Identifying information shall
2 be supplied to consenting birth biological siblings who were
3 adopted or surrendered if any such sibling is 21 years of age
4 or over; or, if over 18 years of age and under 21 years of
5 age, if there is attached to the Information Exchange
6 Authorization (1) written consent of both adoptive parents,
7 or (2) written consent of a single adoptive parent with a
8 certified copy of the Judgment of Adoption, or (3) proof of
9 the death of one adoptive parent and written consent of the
10 surviving adoptive parent, or (4) written consent of the
11 guardian of the adoptee or surrendered child with a certified
12 copy of the Order of Guardianship. Identifying information
13 shall be supplied to consenting birth siblings who were not
14 adopted or surrendered if any such sibling is 21 years of age
15 or over and has proof of death of the common birth parent and
16 such birth parent did not file a Denial of Information
17 Exchange with the Registry prior to his or her death.
18 (e) A birth biological parent, birth sibling, adopted
19 adoptee or surrendered person or their adoptive parents or
20 legal guardians child may notify the Registry of his or her
21 desire not to have his or her identity revealed or may revoke
22 any previously filed Information Exchange Authorization by
23 completing and filing with the Registry a Registry
24 Identification Form along with a Denial of Information
25 Exchange. The Illinois Adoption Registry Application does not
26 need to be completed in order to file a Denial of Information
27 Exchange. Any adopted or adoptee, surrendered person or his
28 or her adoptive parents or legal guardians, child birth
29 sibling or birth biological parent may revoke a Denial of
30 Information Exchange by filing an Information Exchange
31 Authorization. The Department of Public Health shall act in
32 accordance with the most recently filed Authorization.
33 (f) Identifying information ascertained from the
34 Registry shall be confidential and may be disclosed only (1)
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1 upon a Court Order, which order shall name the person or
2 persons entitled to the information, or (2) to the adopted or
3 adoptee, surrendered person child, adoptive parents or legal
4 guardians, birth adopted or surrendered sibling, or birth
5 biological parent if both the adopted or surrendered person
6 or his or her adoptive parents or legal guardians adoptee, or
7 surrendered child, and his or her birth biological parent, or
8 both, birth adopted or surrendered siblings, have filed with
9 the Registry an Information Exchange Authorization, or (3) as
10 authorized under subsection (h) of Section 18.3 of this Act.
11 A copy of the certificate of live birth shall only be
12 released to an adopted person who was born in Illinois and
13 who is the subject of an Information Exchange Authorization
14 filed by one of his or her birth parents or non-surrendered
15 birth siblings. Any person who willfully provides
16 unauthorized disclosure of any information filed with the
17 Registry or who knowingly or intentionally files false
18 information with the Registry shall be guilty of a Class A
19 misdemeanor and shall be liable for damages.
20 (g) If information is disclosed pursuant to this Act,
21 the Department shall redact it to remove any identifying
22 information about any party who has not consented to the
23 disclosure of such identifying information.
24 (Source: P.A. 86-1451.)
25 (750 ILCS 50/18.1a new)
26 Sec. 18.1a. Registry matches.
27 (a) The Registry shall release identifying information,
28 as specified on the Information Exchange Authorization, to
29 the following mutually consenting registered parties and
30 provide them with any photographs which have been placed in
31 the Adoption/Surrender Records File and are specifically
32 intended for the registered parties:
33 (i) an adult adopted or surrendered person and one
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1 of his or her birth parents or birth siblings who have
2 both filed an applicable Information Exchange
3 Authorization specifying the other consenting party with
4 the Registry, if information available to the Registry
5 confirms that the consenting adopted or surrendered
6 person is a birth relative of the consenting birth parent
7 or sibling;
8 (ii) the adoptive parent or legal guardian of an
9 adopted or surrendered person under the age of 21 and one
10 of his or her birth parents or birth siblings who have
11 both filed an Information Exchange Authorization
12 specifying the other consenting party with the Registry,
13 if information available to the Registry confirms that
14 the child of the consenting adoptive parent or legal
15 guardian is a birth relative of the consenting birth
16 parent or birth sibling.
17 (b) If a registrant is the subject of a Denial of
18 Information Exchange filed by another party to the adoption,
19 the Registry shall not release identifying information to
20 either registrant.
21 (c) If a registrant has completed a Medical Information
22 Exchange Questionnaire and has consented to its disclosure,
23 that Questionnaire shall be released to any registered party
24 who has indicated their desire to receive such information on
25 his or her Illinois Adoption Registry Application, if
26 information available to the Registry confirms that the
27 consenting parties are birth relatives or that the consenting
28 birth relative and the child of the consenting, adoptive
29 parents or legal guardians are birth relatives.
30 (750 ILCS 50/18.1b new)
31 Sec. 18.1b. The Illinois Adoption Registry Application.
32 The Illinois Adoption Registry Application shall
33 substantially include the following:
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1 (a) General Information. The Illinois Adoption Registry
2 Application shall include the space to provide Information
3 about the registrant including his or her surname, given name
4 or names, social security number (optional), mailing address,
5 home telephone number, gender, date and place of birth, and
6 the date of registration. If applicable and known to the
7 registrant, he or she may include the maiden surname of the
8 birth mother, any subsequent surnames of the birth mother,
9 the surname of the birth father, the given name or names of
10 the birth parents, the dates and places of birth of the birth
11 parents, the surname and given name or names of the adopted
12 person prior to adoption, the gender and date and place of
13 birth of the adopted or surrendered person, the name of the
14 adopted person following his or her adoption and the state
15 and county where the judgment of adoption was finalized.
16 (b) Medical Information Exchange Questionnaire. In
17 recognition of the importance of medical information and of
18 recent discoveries regarding the genetic origin of many
19 medical conditions and diseases all registrants shall be
20 asked to voluntarily complete a Medical Information Exchange
21 Questionnaire.
22 (1) For birth parents or birth siblings, the
23 Medical Information Exchange Questionnaire shall include
24 a comprehensive check-list of medical conditions and
25 diseases including those of genetic origin. Birth
26 parents and birth siblings shall be asked to indicate all
27 genetically-inherited diseases and conditions on this
28 list which are known to exist in the adopted or
29 surrendered person's birth family at the time of
30 registration. In addition, all birth parents and birth
31 siblings shall be apprised of the Registry's provisions
32 for voluntarily submitting information about their and
33 their family's medical histories on a confidential,
34 ongoing basis.
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1 (2) Adopted and surrendered persons and their
2 adoptive parents or legal guardians shall be asked to
3 indicate all genetically-inherited diseases and medical
4 conditions with which the adopted or surrendered person
5 or, if applicable, his or her children have been
6 diagnosed since birth.
7 (3) The Medical Information Exchange Questionnaire
8 shall include a space where the registrant may authorize
9 the release of the Medical Information Exchange
10 Questionnaire to specified parties and a disclaimer
11 informing registrants that the Department of Public
12 Health cannot guarantee the accuracy of medical
13 information exchanged through the Registry.
14 (c) Written statement. All registrants shall be given
15 the opportunity to voluntarily file a written statement with
16 the Registry. This statement shall be submitted in the space
17 provided. No written statement submitted to the Registry
18 shall include identifying information pertaining to any
19 person other than the registrant who submitted it. Any such
20 identifying information shall be redacted by the Department
21 or returned for removal of identifying information.
22 (d) Contact information. All registrants may indicate
23 their wishes regarding contact with any other registrant by
24 completing an Information Exchange Authorization or a Denial
25 of Information Exchange.
26 (1) Information Exchange Authorization. Adopted or
27 surrendered persons 21 years of age or over who would
28 welcome contact with one or more of their birth parents
29 or birth siblings; birth parents who would welcome
30 contact with an adopted or surrendered person, or one or
31 more of his or her adoptive parents or legal guardians;
32 birth siblings 21 years of age or over who were adopted
33 or surrendered and who would welcome contact with an
34 adopted or surrendered person, or one or more of his or
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1 her adoptive parents or legal guardians; birth siblings
2 21 years of age or over who were not surrendered and who
3 have submitted proof of death for any common birth parent
4 who did not file a Denial of Information Exchange prior
5 to his or her death, and who would welcome contact with
6 an adopted or surrendered person, or one or more of his
7 or her adoptive parents or legal guardians; and adoptive
8 parents or legal guardians of adopted or surrendered
9 persons under the age of 21 who would welcome contact
10 with one or more of the adopted or surrendered person's
11 birth parents or birth siblings may specify with whom
12 they wish to exchange identifying information by filing
13 an Information Exchange Authorization at the time of the
14 adoption or surrender, or any time thereafter.
15 (2) Denial of Information Exchange. Adopted or
16 surrendered persons 21 years of age or over who do not
17 wish to establish contact with one or more of their birth
18 parents or birth siblings may specify with whom they do
19 not wish to exchange identifying information by filing a
20 Denial of Information Exchange. Birth parents or birth
21 siblings who do not wish to establish contact with an
22 adopted or surrendered person or one or more of his or
23 her adoptive parents or legal guardians may specify with
24 whom they do not wish to exchange identifying information
25 by filing a Denial of Information Exchange at the time of
26 the adoption or surrender, or any time thereafter.
27 Adoptive parents or legal guardians of adopted or
28 surrendered persons under the age of 21 who do not wish
29 to establish contact with one or more of the adopted or
30 surrendered person's birth parents or birth siblings may
31 specify with whom they do not wish to exchange
32 identifying information by filing a Denial of Information
33 Exchange at the time of the adoption or surrender, or any
34 time thereafter. The Illinois Adoption Registry
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1 Application does not need to be completed in order to
2 file a Denial of Information Exchange.
3 (e) A registrant may complete all or any part of the
4 Illinois Adoption Registry Application. All Illinois
5 Adoption Registry Applications, Information Exchange
6 Authorizations, Denials of Information Exchange, requests to
7 revoke an Information Exchange Authorization or Denial of
8 Information Exchange, and affidavits submitted to the
9 Registry shall be accompanied by proof of identification.
10 (f) The Department shall establish the Illinois Adoption
11 Registry Application form including the Medical Information
12 Exchange Questionnaire by rule.
13 (750 ILCS 50/18.1c new)
14 Sec. 18.1c. Effective date of registration.
15 Registration with the Illinois Adoption Registry and Medical
16 Information Exchange shall become effective as soon as the
17 applicant's completed Illinois Adoption Registry Application
18 has been filed with the Registry.
19 (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
20 Sec. 18.2. Forms.
21 (a) The form of the Birth Biological Parent Registration
22 Identification Form shall be substantially as follows:
23 BIRTH BIOLOGICAL PARENT REGISTRATION IDENTIFICATION
24 (Insert all known information)
25 I, ....., state that I am the ...... (mother or father) of
26 the following child:
27 Child's original name: ..... (first) ..... (middle) .....
28 (last), ..... (hour of birth), ..... (date of
29 birth), ..... (city and state of birth), ..... (name
30 of hospital).
31 Father's full name: ...... (first) ...... (middle) .....
32 (last), ..... (date of birth), ..... (city and state
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1 of birth).
2 Name of mother inserted on birth certificate: .....
3 (first) ..... (middle) ..... (last), ..... (race),
4 ..... (date of birth), ...... (city and state of
5 birth).
6 That I surrendered my child to: ............. (name of
7 agency), ..... (city and state of agency), .....
8 (approximate date child surrendered).
9 That I placed gave up my child by private adoption: .....
10 (date), ...... (city and state).
11 Name of adoptive parents, if known: ......
12 Other identifying information: .....
13 ........................
14 (Signature of parent)
15 ............ ........................
16 (date) (printed name of parent)
17 (b) The form of the Adopted Person Adoptee Registration
18 Identification shall be substantially as follows:
19 ADOPTED PERSON ADOPTEE
20 REGISTRATION IDENTIFICATION
21 (Insert all known information)
22 I, ....., state the following:
23 Adopted Person's Adoptee's present name: ..... (first)
24 ..... (middle) ..... (last).
25 Adopted Person's Adoptee's name at birth (if known):
26 ..... (first) ..... (middle) ..... (last), .....
27 (birth date), ..... (city and state of birth),
28 ...... (sex), ..... (race).
29 Name of adoptive father: ..... (first) ..... (middle)
30 ..... (last), ..... (race).
31 Maiden name of adoptive mother: ..... (first) .....
32 (middle) ..... (last), ..... (race).
33 Name of birth biological mother (if known): ..... (first)
34 ..... (middle) ..... (last), ..... (race).
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1 Name of birth biological father (if known): ..... (first)
2 ..... (middle) ..... (last), ..... (race).
3 Name(s) at birth of sibling(s) having a common birth
4 biological parent with adoptee (if known): .....
5 (first) ..... (middle) ..... (last), ..... (race),
6 and name of common birth biological parent: .....
7 (first) ..... (middle) ..... (last), ..... (race).
8 I was adopted through: ..... (name of agency).
9 I was adopted privately: ..... (state "yes" if known).
10 I was adopted in ..... (city and state), ..... (approximate
11 date).
12 Other identifying information: .............
13 ......................
14 (signature of adoptee)
15 ........... .........................
16 (date) (printed name of adoptee)
17 (c) The form of the Surrendered Person Child
18 Registration Identification shall be substantially as
19 follows:
20 SURRENDERED PERSON CHILD REGISTRATION
21 IDENTIFICATION
22 (Insert all known information)
23 I, ....., state the following:
24 Surrendered Person's Child's present name: ..... (first)
25 ..... (middle) ..... (last).
26 Surrendered Person's Child's name at birth (if known):
27 ..... (first) ..... (middle) ..... (last),
28 .....(birth date), ..... (city and state of birth),
29 ...... (sex), ..... (race).
30 Name of guardian father: ..... (first) ..... (middle)
31 ..... (last), ..... (race).
32 Maiden name of guardian mother: ..... (first) .....
33 (middle) ..... (last), ..... (race).
34 Name of birth biological mother (if known): ..... (first)
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1 ..... (middle) ..... (last) ..... (race).
2 Name of birth biological father (if known): ..... (first)
3 ..... (middle) ..... (last), .....(race).
4 Name(s) at birth of sibling(s) having a common birth
5 biological parent with surrendered person adoptee
6 (if known): ..... (first) ..... (middle) .....
7 (last), ..... (race), and name of common birth
8 biological parent: ..... (first) ..... (middle)
9 ..... (last), ..... (race).
10 I was surrendered for adoption to: ..... (name of agency).
11 I was surrendered for adoption in ..... (city and state),
12 ..... (approximate date).
13 Other identifying information: ............
14 ................................
15 (signature of surrendered person child)
16 ............ ......................
17 (date) (printed name of person child
18 surrendered for adoption)
19 (d) The form of the Information Exchange Authorization
20 shall be substantially as follows:
21 INFORMATION EXCHANGE AUTHORIZATION
22 I, ....., state that I am the person who completed the
23 Registration Identification; that I am of the age of .....
24 years; that I hereby authorize the Department of Public
25 Health to give to my (birth biological parent) (birth
26 biological sibling) (surrendered child) the following (please
27 check the information authorized for exchange):
28 [ ] 1. Only my name and last known address.
29 [ ] 2. A copy of my Illinois Adoption Registry
30 Application.
31 [ ] 3. A copy of the original certificate of live
32 birth. necessary information so I can be contacted; that
33 I am fully aware that I can only be supplied with any
34 information about the name and last known address of my
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1 (birth biological parent) (birth biological sibling)
2 (surrendered child) if such person has duly executed an
3 Information Exchange Authorization for such information which
4 has not been revoked; that I can be contacted by writing to:
5 ..... (own name or name of person to contact) (address)
6 (phone number). Dated (insert date). this ..... day of
7 ....., 19...
8 ............ ..............
9 (witness) (signature)
10 (e) The form of the Denial of Information Exchange shall
11 be substantially as follows:
12 DENIAL OF INFORMATION EXCHANGE
13 I, ....., state that I am the person who completed the
14 Registration Identification; that I am of the age of .....
15 years; that I hereby instruct the Department of Public Health
16 not to give any identifying information about me to my (birth
17 biological parent) (birth biological sibling) (surrendered
18 child); that I do not wish to be contacted.
19 Dated (insert date). this .... day of ......, 19...
20 ............. ...............
21 (witness) (signature)
22 (f) The Information Exchange Authorization and the
23 Denial of Information Exchange shall be acknowledged by the
24 birth biological parent, birth biological sibling, adopted
25 adoptee or surrendered person, adoptive parent, or legal
26 guardian child before a notary public, in form substantially
27 as follows:
28 State of ..............
29 County of .............
30 I, a Notary Public, in and for the said County, in the
31 State aforesaid, do hereby certify that ...............
32 personally known to me to be the same person whose name is
33 subscribed to the foregoing certificate of acknowledgement,
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1 appeared before me in person and acknowledged that (he or
2 she) signed such certificate as (his or her) free and
3 voluntary act and that the statements in such certificate are
4 true.
5 Given under my hand and notarial seal on (insert date).
6 this ....... day of .........., 19...
7 .........................
8 (signature)
9 (g) When the execution of an Information Exchange
10 Authorization or a Denial of Information Exchange is
11 acknowledged before a representative of an agency, such
12 representative shall have his signature on said Certificate
13 acknowledged before a notary public, in form substantially as
14 follows:
15 State of..........
16 County of.........
17 I, a Notary Public, in and for the said County, in the
18 State aforesaid, do hereby certify that ..... personally
19 known to me to be the same person whose name is subscribed to
20 the foregoing certificate of acknowledgement, appeared before
21 me in person and acknowledged that (he or she) signed such
22 certificate as (his or her) free and voluntary act and that
23 the statements in such certificate are true.
24 Given under my hand and notarial seal on (insert date).
25 this ..... day of ........., 19...
26 .......................
27 (signature)
28 (h) When Where an Illinois Adoption Registry
29 Application, Information Exchange Authorization or a Denial
30 of Information Exchange is executed signed in a foreign
31 country, the execution of such document shall be acknowledged
32 or affirmed before an officer of the United States consular
33 services in a manner conformable to the law and procedure of
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1 such country.
2 (i) If the person signing an Information Exchange
3 Authorization or a Denial of Information is in the military
4 service of the United States, the execution of such document
5 may be acknowledged before a commissioned officer and the
6 signature of such officer on such certificate shall be
7 verified or acknowledged before a notary public or by such
8 other procedure as is then in effect for such division or
9 branch of the armed forces.
10 (j) The Department shall modify these forms as necessary
11 to implement the provisions of this Amendatory Act of 1999
12 including creating Registration Identification Forms for
13 non-surrendered birth siblings, adoptive parents and legal
14 guardians.
15 (Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)
16 (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
17 Sec. 18.3. (a) The agency, Department of Children
18 and Family Services, Court Supportive Services, Juvenile
19 Division of the Circuit Court, Probation Officers of the
20 Circuit Court and any other party to the surrender of a child
21 for adoption or in an adoption proceeding shall obtain from
22 any birth biological parent or parents giving up a child for
23 purposes of adoption after the effective date of this Act a
24 written statement which indicates: (1) a desire to have
25 identifying information shared with the adopted or
26 surrendered person child at a later date; (2) a desire not
27 to have identifying information revealed; or (3) that no
28 decision is made at that time. In addition, the agency,
29 Department of Children and Family Services, Court Supportive
30 Services, Juvenile Division of the Circuit Court, and any
31 other organization involved in the surrender of a child for
32 adoption in an adoption proceeding shall inform the birth
33 parent or parents of a child born, adopted or surrendered in
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1 Illinois of the existence of the Illinois Adoption Registry
2 and Medical Information Exchange and provide them with the
3 necessary application forms and if requested, assistance with
4 completing the forms.
5 (b) When the written statement is signed, the birth
6 biological parent or parents shall be informed in writing
7 that their decision regarding the sharing of identifying
8 information can be made or changed by such birth biological
9 parent or parents at any future date.
10 (c) The birth biological parent shall be informed in
11 writing that if sharing of identifying information with the
12 adopted or surrendered person child is to occur, that he or
13 she the child must be 21 years of age or over; or if under
14 the age of 21 with written consent of both adoptive parents,
15 with written consent of a single adoptive parent, with proof
16 of death of one adoptive parent and written consent of the
17 surviving adoptive parent, or with written consent of the
18 guardian of the child.
19 (d) If the birth biological parent or parents indicate a
20 desire to share identifying information with the adopted or
21 surrendered person child, the birth parent shall complete an
22 Information Exchange Authorization. statement shall contain
23 information regarding means to communicate with the
24 biological parent.
25 (e) Any birth biological parent or parents requesting
26 that no identifying information be revealed to the adopted
27 adoptee or surrendered person child shall be informed that
28 such request will be conveyed to the adopted adoptee or
29 surrendered person child if he or she the adoptee or
30 surrendered child requests such information; and such
31 identifying information shall not be revealed.
32 (f) Any adopted adoptee or surrendered person child 21
33 years of age or over, and any adoptee under 21 years of age
34 with written consent of the adoptive parents, the surviving
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1 adoptive parent, a single adoptive parent or the guardian of
2 the child may also indicate in writing his or her desire or
3 lack of desire to share identifying information with the
4 birth biological parent or parents or birth biological
5 sibling or siblings. Any adopted adoptee or surrendered
6 person child requesting that no identifying information be
7 revealed to the birth biological parent or birth biological
8 sibling shall be informed that such request shall be conveyed
9 to the parent if such birth biological parent or birth
10 biological sibling requests such information; and such
11 identifying information shall not be revealed.
12 (g) Any birth biological parents, birth sibling and
13 adopted adoptees or surrendered person, adoptive parent or
14 legal guardian children indicating their desire to receive
15 have identifying or medical information shall be informed of
16 the existence of the Registry and assistance shall be given
17 to such person biological parent, adoptee or surrendered
18 child to also legally record his or her name with the
19 Registry.
20 (h) The agency, Department of Children and Family
21 Services, Court Supportive Services, Juvenile Division of the
22 Circuit Court, Probation Officers of the Circuit Court and
23 any other organization involved in the surrender of a child
24 for adoption in an adoption proceeding which has written
25 statements from an adopted adoptee or surrendered person
26 child and the birth biological parent or a birth biological
27 sibling indicating a desire to receive identifying
28 information shall supply such information to the mutually
29 consenting parties, except that no identifying information
30 shall be supplied to consenting birth biological siblings if
31 any such sibling is under 21 years of age. However, both the
32 Registry having an Information Exchange Authorization and the
33 organization having a written statement requesting
34 identifying information shall communicate with each other to
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1 determine if the adopted adoptee or surrendered person child
2 or the birth biological parent or birth biological sibling
3 has signed a form at a later date indicating a change in his
4 or her desires regarding the sharing of information. The
5 agreement of the birth biological parent shall be binding.
6 (i) On and after January 1, 2000, any licensed child
7 welfare agency which provides post-adoption search assistance
8 to adoptive parents, adopted persons, birth parents, or birth
9 siblings shall require that any person requesting
10 post-adoption search assistance complete an Illinois Adoption
11 Registry Application prior to the commencement of the search.
12
13 (Source: P.A. 86-1451.)
14 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
15 Sec. 18.3a. Confidential intermediary.
16 (a) General purposes. Notwithstanding any other
17 provision of this Act, any adopted person adoptee over the
18 age of 21 18 or any adoptive parent or legal guardian of an
19 adopted person adoptee under the age of 21 18 may petition
20 the court for appointment of a confidential intermediary as
21 provided in this Section for the purpose of obtaining from
22 one or both birth biological parents or a sibling or siblings
23 of the adopted person adoptee information concerning the
24 background of a psychological or genetically-based medical
25 problem experienced or which may be expected to be
26 experienced in the future by the adopted person adoptee or
27 obtaining assistance in treating such a problem.
28 (b) Petition. The court shall appoint a confidential
29 intermediary for the purposes described in subsection (f) if
30 the petitioner shows the following:
31 (1) the adopted person adoptee is suffering or may
32 be expected to suffer in the future from a
33 life-threatening or substantially incapacitating physical
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1 illness of any nature, or a psychological disturbance
2 which is substantially incapacitating but not
3 life-threatening, or a mental illness which, in the
4 opinion of a physician licensed to practice medicine in
5 all its branches, is or could be genetically based to a
6 significant degree;
7 (2) the treatment of the adopted person adoptee, in
8 the opinion of a physician licensed to practice medicine
9 in all of its branches, would be materially assisted by
10 information obtainable from the birth biological parents
11 or might benefit from the provision of organs or other
12 bodily tissues, materials, or fluids by the birth
13 biological parents or other close biological relatives;
14 and
15 (3) there is neither an Information Exchange
16 Authorization nor a Denial of Information Exchange filed
17 in the Registry as provided in Section 18.1.
18 The affidavit or testimony of the treating physician
19 shall be conclusive on the issue of the utility of contact
20 with the birth biological parents unless the court finds that
21 the relationship between the illness to be treated and the
22 alleged need for contact is totally without foundation.
23 (c) Fees and expenses. The court shall condition the
24 appointment of the confidential intermediary on the payment
25 of the intermediary's fees and expenses in advance, unless
26 the intermediary waives the right to full advance payment or
27 to any reimbursement at all.
28 (d) Eligibility of intermediary. The court may appoint
29 as confidential intermediary either an employee of the
30 Illinois Department of Children and Family Services
31 designated by the Department to serve as such, any other
32 person certified by the Department as qualified to serve as a
33 confidential intermediary, or any employee of a licensed
34 child welfare agency certified by the agency as qualified to
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1 serve as a confidential intermediary.
2 (e) Access. Notwithstanding any other provision of law,
3 the confidential intermediary shall have access to all
4 records of the court or any agency, public or private, which
5 relate to the adoption or the identity and location of any
6 birth biological parent.
7 (f) Purposes of contact. The confidential intermediary
8 has only the following powers and duties:
9 (1) To contact one or both birth biological
10 parents, inform the parent or parents of the basic
11 medical problem of the adopted person adoptee and the
12 nature of the information or assistance sought from the
13 birth biological parent, and inform the parent or parents
14 of the following options:
15 (A) The birth biological parent may totally
16 reject the request for assistance or information, or
17 both, and no disclosure of identity or location
18 shall be made to the petitioner.
19 (B) The birth biological parent may file an
20 Information Exchange Authorization as provided in
21 Section 18.1. The confidential intermediary shall
22 explain to the birth biological parent the
23 consequences of such a filing, including that the
24 birth biological parent's identity will be available
25 for discovery by the adopted person adoptee. If the
26 birth biological parent agrees to this option, the
27 confidential intermediary shall supply the parent
28 with the appropriate forms, shall be responsible for
29 their immediate filing with the Registry, and shall
30 inform the petitioner of their filing.
31 (C) If the birth biological parent wishes to
32 provide the information or assistance sought but
33 does not wish his or her identity disclosed, the
34 confidential intermediary shall arrange for the
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1 disclosure of the information or the provision of
2 assistance in as confidential a manner as possible
3 so as to protect the privacy of the birth biological
4 biological parent's identity.
6 (2) If a birth biological parent so desires, to
7 arrange for a confidential communication with the
8 treating physician to discuss the need for the requested
9 information or assistance.
10 (3) If a birth biological parent agrees to provide
11 the information or assistance sought but wishes to
12 maintain his or her privacy, to arrange for the provision
13 of the information or assistance to the physician in as
14 confidential a manner as possible so as to protect the
15 privacy of the birth biological parent and minimize the
16 likelihood of disclosure of the birth biological parent's
17 identity.
18 (g) Oath. The confidential intermediary shall sign an
19 oath of confidentiality substantially as follows:
20 "I, .........., being duly sworn, on oath depose and
21 say: As a condition of appointment as a confidential
22 intermediary, I affirm that:
23 (1) I will not disclose to the petitioner, directly
24 or indirectly, any information about the identity or
25 location of the birth biological parent whose assistance
26 is being sought for medical reasons except in a manner
27 consistent with the law.
28 (2) I recognize that violation of this oath
29 subjects me to civil liability and to being found in
30 contempt of court.
31 ................................
32 SUBSCRIBED AND SWORN to before me, a Notary Public,
33 on (insert date). this ..... day of .........., 19...
34 ................................"
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1 (h) Sanctions.
2 (1) Any confidential intermediary who improperly
3 discloses information identifying a birth biological
4 parent shall be liable to the birth biological parent for
5 damages and may also be found in contempt of court.
6 (2) Any physician or other person who learns a
7 birth biological parent's identity, directly or
8 indirectly, through the use of procedures provided in
9 this Section and who improperly discloses information
10 identifying the birth biological parent shall be liable
11 to the birth biological parent for actual damages plus
12 minimum punitive damages of $10,000.
13 (i) Death of birth biological parent. Notwithstanding
14 any other provision of this Act, if the confidential
15 intermediary discovers that the person whose assistance is
16 sought has died, he or she shall report this fact to the
17 court, along with a copy of the death certificate if possible
18 biological
26 parents, with information identifying the birth biological
27 parents eliminated, shall be provided by an agency to the
28 child's prospective adoptive parent and shall be provided
29 upon request to an adoptive parent when a child has been
30 adopted. The medical and mental health histories shall
31 include all the following available information:
32 (1) Conditions or diseases believed to be
33 hereditary.
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1 (2) Drugs or medications taken by the child's birth
2 biological mother during pregnancy.
3 (3) Psychological and psychiatric information.
4 (4) Any other information that may be a factor
5 influencing the child's present or future health.
6 (b) The Department of Children and Family Services may
7 promulgate rules and regulations governing the release of
8 medical histories under this Section.
9 (Source: P.A. 87-617.)
10 (750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
11 Sec. 18.5. Liability. No liability shall attach to the
12 State, any agency thereof, any licensed agency, any judge,
13 any officer or employee of the court, or any party or
14 employee thereof involved in the surrender of a child for
15 adoption or in an adoption proceeding for acts or efforts
16 made within the scope of Sections 18.05 18.1 thru 18.5,
17 inclusive, of this Act and under pursuant to its provisions,
18 except for subsection (f) of Section 18.1.
19 (Source: P.A. 86-304.)
20 (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
21 Sec. 18.6. Registry fees. The Department of Public
22 Health shall levy a fee for each registrant under Sections
23 18.05 18.1 through 18.5. A $40 fee shall be charged for
24 registering with the Illinois Adoption Registry and Medical
25 Information Exchange. However, this fee shall be waived for
26 all adopted or surrendered persons, adoptive parents, legal
27 guardians, birth parents, and birth siblings who complete a
28 Medical Information Exchange Questionnaire at the time of
29 registration and authorize its release to specified
30 registered parties, and for adoptive parents registering
31 within 12 months of the finalization of the adoption. All
32 persons who were registered with the Illinois Adoption
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1 Registry prior to the effective date of this amendatory Act
2 of 1999 and who wish to update their registration may do so
3 without charge. No charge of any kind shall be made for the
4 withdrawal of any form provided in Section 18.2 a
5 registration or consent form.
6 (Source: P.A. 87-318.)
7 (750 ILCS 50/18.7 new)
8 Sec. 18.7. Illinois Adoption Registry and Medical
9 Information Exchange Fund. There is created in the State
10 treasury a special fund to be known as the Illinois Adoption
11 Registry and Medical Information Exchange Fund. All fees
12 collected by the Illinois Adoption Registry under this
13 amendatory Act of 1999 shall be deposited into the Fund.
14 Subject to appropriation, the amounts in the Fund shall be
15 used by the Department of Public Health to conduct activities
16 related to maintaining the Illinois Adoption Registry and
17 Medical Information Exchange and issuing any documents and
18 forms related to the Illinois Adoption Registry and Medical
19 Information Exchange.
20 (750 ILCS 50/18.8 new)
21 Sec. 18.8. Improper disclosure of identifying
22 information. All information submitted to the Registry is
23 confidential and gathered by the State solely for the purpose
24 of facilitating the exchange of updated medical data and
25 contact information between adopted and surrendered persons
26 and other registered parties. Information exchanged through
27 the Registry shall not be admissible as evidence nor
28 discoverable in any action of any kind in any court or before
29 any tribunal, board, agency, or commission. Disclosure of
30 identifying information in violation of this Act is a Class A
31 misdemeanor.
HB0631 Enrolled -34- LRB9100454SMdvE
1 Section 99. Effective date. This Act takes effect
2 January 1, 2000.
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