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91_HB0631eng
HB0631 Engrossed 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 10. The Adoption Act is amended by adding
10 Sections 18.051, 18.052, 18.053, 18.054, 18.055, 18.056,
11 18.057, 18.058, 18.059, 18.060, 18.061, and 18.062 and
12 changing Section 18.3a as follows:
13 (750 ILCS 50/18.051 new)
14 Sec. 18.051. The Illinois Adoption Registry and Medical
15 Information Exchange; legislative intent. The General
16 Assembly recognizes the importance of creating a procedure by
17 which mutually consenting adult members of birth families and
18 adoptive families, as well as legal guardians of surrendered
19 children, and adult adopted or surrendered persons may
20 voluntarily exchange vital medical information throughout the
21 life of the adopted or surrendered person. The General
22 Assembly further recognizes that it is in the best interest
23 of adopted and surrendered persons and their birth and
24 adoptive families that birth family medical histories and the
25 preferences regarding contact of all parties to an adoption
26 be compiled, preserved and provided, upon request, to the
27 adoptive parents and legal guardians of adopted or
28 surrendered children and to adult adopted or surrendered
29 persons and their birth and adoptive relatives. The purpose
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1 of this amendatory Act of the 91st General Assembly is to
2 respond to these concerns by redefining the function and
3 operation of the Illinois Adoption Registry and creating the
4 voluntary Medical Information Exchange.
5 (750 ILCS 50/18.052 new)
6 Sec. 18.052. Definitions. When used in Sections
7 beginning with Section 18.051 and preceding Section 18.1,
8 unless the context otherwise requires:
9 "Adopted person" means a person who was adopted pursuant
10 to the laws in effect at the time of the adoption.
11 "Adoptive parent" means a person who has become a parent
12 through the legal process of adoption.
13 "Adoptive relative" means the widow or widower, adult
14 child or adoptive parent of a deceased adopted or surrendered
15 person.
16 "Agency" means a public child welfare agency or a
17 licensed child welfare agency.
18 "Birth father" means the biological father of an adopted
19 or surrendered person who is named on the original
20 certificate of live birth, in the agency or court file, on a
21 consent or surrender document, or a notarized statement duly
22 executed and signed by the birth mother, or a biological
23 father whose paternity has been established by a judgment or
24 order of the court.
25 "Birth mother" means the biological mother of an adopted
26 or surrendered person.
27 "Birth parent" means a parent, by birth, of an adopted or
28 surrendered person.
29 "Birth relative" means a parent, adult biological
30 sibling, adoptive child, or biological child who was not
31 surrendered for adoption of a deceased birth parent.
32 "Birth sibling" means the adult adopted or surrendered
33 full or half sibling of an adopted or surrendered person.
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1 "Denial of Information Exchange" means an affidavit
2 completed by an applicant to the Illinois Adoption Registry
3 and Medical Information Exchange denying the release of his
4 or her name and address to a specified party or parties.
5 "Identifying information" means the surname, given name
6 or names, and address of any interested party.
7 "Illinois Adoption Registry Release Letter" means a
8 document issued by the Department of Public Health which
9 entitles an adopted person who is the subject of a Registry
10 match to receive copies of his or her original certificate of
11 live birth, judgment for adoption, and certain documents and
12 records in the possession of the agency or attorney that was
13 involved in the adoption proceedings or surrender.
14 "Information Exchange Authorization" means an affidavit
15 completed by an applicant to the Illinois Adoption Registry
16 and Medical Information Exchange authorizing the release of
17 his or her name and address to a specified party or parties.
18 "Interested party" means an adoptive parent or legal
19 guardian of an adopted or surrendered person under the age of
20 18, an adopted or surrendered person 18 years of age or over,
21 an eligible adoptive relative, a birth parent, a birth
22 sibling, or an eligible birth relative.
23 "Medical Information Exchange Questionnaire" means the
24 medical history questionnaire completed by applicants to the
25 Illinois Adoption Registry and Medical Information Exchange.
26 "Proof of death" means a death certificate, a death
27 notice, or a legal notice of death published in a daily
28 newspaper.
29 "Surrendered person" means a person who was surrendered
30 for adoption but not adopted.
31 (750 ILCS 50/18.053 new)
32 Sec. 18.053. The Illinois Adoption Registry and Medical
33 Information Exchange.
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1 (a) General function. Subject to appropriation, the
2 Department of Public Health shall redefine the function of
3 the Illinois Adoption Registry, and create the Medical
4 Information Exchange in the manner outlined in subsections
5 (b) through (d) for the purpose of facilitating the
6 voluntary exchange of medical information between mutually
7 consenting birth parents, birth siblings, and eligible birth
8 relatives and the adoptive parents and legal guardians of
9 adopted or surrendered minors, adult adopted or surrendered
10 persons, and adoptive relatives. The Department shall
11 establish rules for the confidential operation of the
12 Illinois Adoption Registry and, from July 1, 1999 to July 1,
13 2000, shall conduct a public information campaign through
14 public service announcements and other forms of media
15 coverage, and, for a minimum of 4 years, through notices on
16 driver's license renewal applications, to inform adopted and
17 surrendered persons born, surrendered, or adopted in Illinois
18 and their adoptive parents, legal guardians, birth parents,
19 and birth relatives of the provisions of this amendatory Act
20 of the 91st General Assembly. The Illinois Adoption Registry
21 shall also establish an informational internet site where
22 interested parties may access a summary of the provisions of
23 this amendatory Act of the 91st General Assembly and download
24 all necessary application forms. The Illinois Adoption
25 Registry shall maintain statistical records, publish and
26 circulate to the public informational material about the
27 function and operation of the Registry, and provide
28 interested parties with Medical Exchange Questionnaires and
29 all other Illinois Adoption Registry applications and forms.
30 The Registry shall forward to each registrant a copy of any
31 Medical Exchange Questionnaire submitted to the Registry
32 prior to the registrant's registration by one of his or her
33 biological relatives or, if the registrant is the adoptive
34 parent or legal guardian of an adopted or surrendered person
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1 under the age of 18, any Medical Exchange Questionnaire
2 submitted to the Registry by a biological relative of his or
3 her adopted child or the child who is under his or her legal
4 guardianship. If an adult adopted or surrendered person,
5 adoptive parent, legal guardian, or adoptive relative has
6 registered with the Registry and one of the adopted or
7 surrendered person's biological relatives subsequently
8 applies to the Registry, the Illinois Adoption Registry shall
9 forward a copy of the birth parent's, birth sibling's, or
10 birth relative's Medical Information Exchange Questionnaire
11 to the adopted or surrendered person, adoptive parent, legal
12 guardian, or adoptive relative at the most recent address on
13 file with the Illinois Adoption Registry and Medical
14 Information Exchange.
15 (b) Voluntary birth parent registration at the time of
16 surrender or involuntary termination of parental rights. On
17 and after January 1, 2000, at the time a child is surrendered
18 or parental rights are involuntarily terminated, the agency,
19 Department of Children and Family Services, Court Supportive
20 Services, Juvenile Division of the Circuit Court, Probation
21 Officers of the Circuit Court, or any other party to the
22 surrender or consent to adoption shall request that the birth
23 parent or parents voluntarily register with the Illinois
24 Adoption Registry and Medical Information Exchange and
25 complete Parts I and II of the Illinois Adoption Registry
26 Application. If desired, the birth parent or parents may
27 also file an Information Exchange Authorization or Denial of
28 Information Exchange with the Registry at any time after a
29 child is surrendered for adoption or parental rights are
30 involuntarily terminated, at any time during the adoption
31 proceedings, or at any time thereafter.
32 (c) Establishment of the Adoption/Surrender Records
33 File. All records received by the Registry which pertain to
34 an individual adoption or surrender shall be placed into a
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1 single Adoption/Surrender Records File. The Illinois Adoption
2 Registry shall establish a new Adoption/Surrender Records
3 File for any adoption finalized by a court action in the
4 State of Illinois, any adoption of a person born in Illinois
5 finalized by a court action in a state other than Illinois or
6 in a foreign country, and any surrender taken in the State
7 of Illinois for which the adopted or surrendered person, or
8 one of his or her birth parents, birth siblings, eligible
9 birth or adoptive relatives, adoptive parents, or legal
10 guardians has voluntarily registered with the Registry and
11 completed an Illinois Adoption Registry Application. Files
12 may be established for adoptions finalized prior to as well
13 as adoptions finalized on or after the effective date of this
14 amendatory Act of the 91st General Assembly.
15 (d) Contents of the Adoption/Surrender Records File.
16 The Adoption/Surrender Records File shall contain the
17 following items, to the extent that they are available:
18 (1) Parts I and II of any Illinois Adoption
19 Registry Application which has been voluntarily completed
20 by the adopted or surrendered person or his or her
21 adoptive parents, legal guardians, birth parents, birth
22 siblings, adoptive relatives, or birth relatives.
23 (2) Any written statements, letters, photographs,
24 or other items voluntarily provided by any registrant for
25 the adopted or surrendered person or any other interested
26 party at the time of registration or any time thereafter.
27 All such items and documents shall be submitted in an
28 unsealed envelope no larger than 8 1/2" x 11", and shall
29 not include identifying information pertaining to any
30 person other than the registrant who submitted them.
31 (3) Any Information Exchange Authorization or
32 Denial of Information Exchange which has been filed by
33 the adopted or surrendered person or any other interested
34 party at the time of registration or any time thereafter.
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1 (4) For all adoptions finalized after January 1,
2 2000, copies of the original certificate of live birth,
3 the consent or surrender to adoption or order of
4 termination of parental rights, and the judgment for
5 adoption as well as the Affidavit of Information.
6 (5) Any updated addresses submitted by any
7 interested party.
8 (6) Any non-identifying information submitted to
9 the Registry by a confidential intermediary.
10 (7) Any proof of death which has been submitted by:
11 an adoptive parent, adoptive relative, legal guardian, or
12 friend of an adopted or surrendered person in the event
13 of his or her death; a birth relative, legal guardian, or
14 friend of a deceased birth parent in the event of his or
15 her death; or a confidential intermediary.
16 (750 ILCS 50/18.054 new)
17 Sec. 18.054. The Illinois Adoption Registry Application.
18 The Illinois Adoption Registry Application shall
19 substantially include the following:
20 (a) Part I: General Information. The Illinois Adoption
21 Registry Application shall include the following general
22 information subparts:
23 (1) A subpart for information about the registrant
24 including his or her surname, given name or names, social
25 security number (optional), mailing address, home
26 telephone number, gender, date and place of birth, and
27 the date of registration. This subpart shall also
28 include the address and telephone number of the Illinois
29 Adoption Registry.
30 (2) A subpart for information to be completed by
31 the registrant if he or she is an adopted or surrendered
32 person 18 years of age or over, including, if known to
33 the applicant, the state and county where the judgment of
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1 adoption was finalized, the surnames, given name or
2 names, and birthplaces of the adoptive parents, and the
3 adopted or surrendered person's birth name.
4 (3) A subpart for information to be completed by
5 the registrant if he or she is the adoptive parent or
6 legal guardian of an adopted or surrendered person under
7 the age of 18, a birth parent, or the birth or adoptive
8 relative of an adopted or surrendered person. If
9 applicable and known to the registrant, this information
10 shall include the maiden surname of the birth mother, any
11 subsequent surnames of the birth mother, the surname of
12 the birth father, the given name or names of the birth
13 parents, the dates and places of birth of the birth
14 parents, the surname and given name or names of the
15 adopted person prior to adoption, the gender and date and
16 place of birth of the adopted or surrendered person, and
17 the name of the adopted person following his or her
18 adoption.
19 (b) Part II: Medical Information Exchange
20 Questionnaire. In recognition of the importance of medical
21 information and of recent discoveries regarding the genetic
22 origin of many medical conditions and diseases, with the
23 exception of adoptive parents registering less than one year
24 after their child's adoption was finalized, all applicants
25 shall be asked to voluntarily complete a Medical Information
26 Exchange Questionnaire. The Medical Information Exchange
27 Questionnaire shall include a comprehensive check-list of
28 genetically-transmitted medical conditions and diseases.
29 Birth parents and birth and adoptive relatives shall be asked
30 to indicate all genetically-inherited diseases and conditions
31 on this list which are known to exist in the adopted or
32 surrendered person's biological family at the time of
33 registration.
34 Adopted and surrendered persons and their adoptive
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1 parents, legal guardians, and adoptive relatives shall be
2 asked to indicate all genetically-inherited diseases and
3 medical conditions with which the adopted or surrendered
4 person or, if applicable, his or her children have been
5 diagnosed since birth. In addition, all birth parents shall
6 be apprised of the Registry's provisions for voluntarily
7 submitting information about their and their family's medical
8 histories on a confidential, ongoing basis.
9 The form and content of the Medical Information Exchange
10 Questionnaire shall be determined by the Illinois Department
11 of Public Health and shall include a Hereditary Diseases
12 Section that allows the applicant to indicate any
13 genetically-transmitted diseases or conditions listed on the
14 medical questionnaire with which the adopted or surrendered
15 person has been diagnosed since birth, if applicable, which
16 are known to exist in the adopted or surrendered person's
17 biological family. The Medical Exchange Questionnaire shall
18 also include a disclaimer informing registrants that the
19 Department of Public Health cannot guarantee the accuracy of
20 medical information exchanged through the Registry.
21 (c) Part III: Written statement. All registrants shall
22 be given the opportunity to voluntarily file a written
23 statement with the Registry. This statement may include any
24 additional medical data or any known social, ethnic, or
25 biographical information, and may be submitted on the space
26 provided on the Information Exchange Authorization or in a
27 separate, unsealed envelope no larger than 8 1/2" x 11". No
28 written statement submitted to the Registry shall include
29 identifying information pertaining to any person other than
30 the registrant who submitted it.
31 (d) Part IV. Contact information. All registrants may
32 indicate their wishes regarding contact with any other
33 interested party by completing an Information Exchange
34 Authorization, a Denial of Information Exchange, or an
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1 affidavit authorizing contact by a certified confidential
2 intermediary.
3 (1) Information Exchange Authorization. Adopted or
4 surrendered persons 18 years of age or over who would
5 welcome contact with one or more of their birth parents,
6 birth siblings, or birth relatives; birth parents, and
7 birth relatives who would welcome contact with an adopted
8 or surrendered person, or one or more of his or her
9 adoptive parents or legal guardians or adoptive
10 relatives; and adoptive parents or legal guardians of
11 adopted or surrendered persons under the age of 18 who
12 would welcome contact with one or more of the adopted or
13 surrendered person's birth parents, birth siblings, or
14 birth relatives may specify with which biological
15 relative or relatives of the adopted or surrendered
16 person they wish to exchange identifying information by
17 filing an Information Exchange Authorization at the time
18 of the adoption or surrender, or any time thereafter.
19 (2) Denial of Information Exchange. Adopted or
20 surrendered persons 18 years of age or over who do not
21 wish to establish direct contact with one or more of
22 their birth parents, birth siblings, or birth relatives
23 may specify with which biological relative or relatives
24 they do not wish to exchange identifying information by
25 filing a Denial of Information Exchange. Birth parents
26 and birth relatives who do not wish to establish direct
27 contact with an adopted or surrendered person, or one or
28 more of his or her adoptive parents or legal guardians,
29 or his or her adoptive relatives; and adoptive parents or
30 legal guardians of adopted or surrendered persons under
31 the age of 18 who do not wish to establish direct contact
32 with one or more of the adopted or surrendered person's
33 birth parents, birth siblings, or birth relatives may
34 specify with which biological relative or relatives they
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1 do not wish to exchange identifying information by filing
2 a Denial of Information Exchange at the time of the
3 adoption or surrender, or any time thereafter.
4 Upon receipt of a Denial of Information Exchange or
5 Information Exchange Authorization, the Illinois Adoption
6 Registry shall provide the registrant with a copy of the
7 appropriate revocation form. A Denial of Information
8 Exchange or Information Exchange Authorization may be
9 revoked at any time, without charge, by filing the
10 appropriate revocation form or by notifying the Registry
11 in writing of the desire to revoke the Denial of
12 Information Exchange or the Information Exchange
13 Authorization. Denials of Information Exchange and
14 Information Exchange Authorizations filed by an adoptive
15 parent or legal guardian on behalf of an adopted or
16 surrendered person under the age of 18 shall expire on
17 the adopted or surrendered person's 18th birthday;
18 thereafter, unless the adopted or surrendered person
19 files contact information with the Registry,
20 registrations filed by his or her birth parents, birth
21 siblings, or birth relatives shall be handled in the same
22 manner as in cases where the adopted or surrendered
23 person has not filed an Information Exchange
24 Authorization or Denial of Information Exchange with the
25 Registry.
26 (e) All Illinois Adoption Registry Applications,
27 Information Exchange Authorizations, Denials of Information
28 Exchange, requests to revoke an Information Exchange
29 Authorization or Denial of Information Exchange, and
30 affidavits submitted to the Registry shall be accompanied by
31 proof of identification. In addition, applications submitted
32 by a birth relative or an adoptive relative shall also be
33 accompanied by a proof of death for the deceased birth parent
34 or adopted person.
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1 (750 ILCS 50/18.055 new)
2 Sec. 18.055. Effective date of registration.
3 Registration with the Illinois Adoption Registry and Medical
4 Information Exchange shall become effective as soon as the
5 applicant's completed Illinois Adoption Registry Application
6 has been filed with the Registry.
7 (750 ILCS 50/18.056 new)
8 Sec. 18.056. Registry matches.
9 (a) The Registry shall release identifying information
10 to the following mutually consenting registered parties and
11 provide them with a copy of the other party's Medical
12 Information Exchange Questionnaire as well as any written
13 statements, letters, photographs, or other items which have
14 been placed in the Adoption/Surrender Records File and
15 specifically intended for the registered parties:
16 (i) an adult adopted or surrendered person and one
17 of his or her birth parents or birth siblings who have
18 both filed an Information Exchange Authorization
19 specifying the other consenting party with the Registry,
20 if information available to the Registry confirms that
21 the consenting adopted or surrendered person is a
22 biological relative of the consenting birth parent or
23 sibling;
24 (ii) the adoptive parent or legal guardian of an
25 adopted or surrendered person under the age of 18 and one
26 of his or her birth parents, birth siblings, or birth
27 relatives who have both filed an Information Exchange
28 Authorization specifying the other consenting party with
29 the Registry, if information available to the Registry
30 confirms that the child of the consenting adoptive parent
31 or legal guardian is a biological relative of the
32 consenting birth parent, birth sibling, or birth
33 relative; or
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1 (iii) a birth parent, birth sibling, or birth
2 relative and an adoptive relative who have both filed an
3 Information Exchange Authorization specifying the other
4 consenting party with the Registry, if information
5 available to the Registry confirms that the deceased
6 adopted person was a biological relative of the
7 consenting birth parent, birth sibling, or birth
8 relative; or
9 (iv) a birth relative and an adopted or surrendered
10 person who have both filed an Information Exchange
11 Authorization specifying the other consenting party with
12 the Registry, if information available to the Registry
13 confirms that the adopted or surrendered person was a
14 biological relative of the deceased birth parent.
15 All eligible adult adopted or surrendered persons who are the
16 subject of a Registry match may be issued an Illinois
17 Adoption Registry Release Letter for any documents listed in
18 subsection (a) of Section 18.059 which are not included in
19 the Adoption/Surrender Records File.
20 (b) In the event that an interested party is the subject
21 of a Denial of Information Release filed by another party to
22 the adoption, the Registry shall not release identifying
23 information to either registrant. However, both registrants
24 shall be provided with a copy of the other party's Medical
25 Denial of Information Exchange Questionnaire as well as any
26 letters, pictures, or documents which have been placed in the
27 Adoption/Surrender Records File by the person who filed the
28 Denial of Information Release and are specifically intended
29 for them.
30 (750 ILCS 50/18.057 new)
31 Sec. 18.057. Illinois Adoption Registry Authorization.
32 In the event of a Registry match, adult adopted or
33 surrendered persons, under certain circumstances, may be
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1 issued an Illinois Adoption Registry Release Letter to access
2 any of the documents listed in this Section which are not
3 included in their Adoption/Surrender Records File. The
4 Illinois Adoption Registry Release Letter shall entitle the
5 adopted or surrendered person to receive a copy of his or her
6 original certificate of live birth from the Department of
7 Public Health; if applicable, a copy of the judgment for
8 adoption from the court of the county where the adoption was
9 finalized; any written statements, letters, photographs, or
10 other items which have been submitted to any agency or
11 attorney that was involved in the adoption proceedings or
12 surrender and are specifically intended for the adopted or
13 surrendered person; and any medical or nursery records
14 pertaining to the adopted or surrendered person and histories
15 of prior placement which are in the possession of any agency
16 or attorney that was involved in the adoption proceedings or
17 surrender.
18 (1) If only the birth mother is named on the
19 original certificate of live birth and, if applicable,
20 the judgment for adoption, and the adopted or surrendered
21 person is the subject of an Information Release
22 Authorization filed with the Registry by this birth
23 parent, the Illinois Adoption Registry shall provide the
24 adopted or surrendered person with an unaltered copy of
25 his or her original certificate of live birth and, if
26 applicable, judgment for adoption, or issue an Illinois
27 Adoption Registry Release Letter which entitles him or
28 her to receive unaltered copies of the original
29 certificate of live birth and, if applicable, the
30 judgment for adoption and other specified documents.
31 (2) If only the birth mother is named on the
32 original certificate of live birth and, if applicable,
33 the judgment for adoption, and there is a proof of death
34 on file with the Registry indicating that the birth
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1 mother has been deceased for at least 2 years, the
2 Illinois Adoption Registry shall provide the adopted or
3 surrendered person with an Illinois Adoption Registry
4 Release Letter entitling him or her to receive unaltered
5 copies of the original certificate of live birth and, if
6 applicable, the judgment for adoption and other specified
7 documents.
8 (3) If both the birth mother and birth father are
9 named on the original certificate of live birth or, if
10 applicable, the judgment for adoption, and both birth
11 parents have filed an Information Release Authorization
12 with the Registry, the Illinois Adoption Registry shall
13 provide the adopted or surrendered person with an
14 unaltered copy of his or her original certificate of live
15 birth and, if applicable, judgment for adoption or issue
16 an Illinois Adoption Registry Release Letter which
17 entitles him or her to receive unaltered copies of the
18 original certificate of live birth and, if applicable,
19 the judgment for adoption and other specified documents.
20 (4) If both the birth mother and birth father are
21 named on the original certificate of live birth or, if
22 applicable, the judgment for adoption, and only one of
23 the birth parents has filed an Information Release
24 Authorization with the Registry, the adopted or
25 surrendered person may either:
26 (A) Request that the name of the birth parent
27 who has not filed an Information Release
28 Authorization with the Illinois Adoption Registry be
29 deleted from any copies of the original certificate
30 of live birth and, if applicable, the judgment for
31 adoption and other specified documents issued to the
32 adopted or surrendered person and that this deletion
33 be specified on any Illinois Adoption Registry
34 Release Letter issued to the adopted or surrendered
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1 person; or
2 (B) Provide a proof of death for the birth
3 parent who has not filed an Information Release
4 Authorization with the Registry. Upon receipt of a
5 proof of death indicating that the nonconsenting
6 birth parent has been deceased for at least 2 years,
7 the Illinois Adoption Registry shall provide the
8 adopted or surrendered person with an Illinois
9 Adoption Registry Release Letter entitling him or
10 her to receive unaltered copies of the original
11 certificate of live birth and, if applicable, the
12 judgment for adoption and other specified documents.
13 (5) If the biological relative who has been matched
14 with an adopted or surrendered person is not one of his
15 or her birth parents, the release of the adopted or
16 surrendered person's original certificate of live birth
17 or, if applicable, judgment for adoption and the issuance
18 of his or her Illinois Adoption Registry Release Letter
19 shall be contingent upon the registrant providing a proof
20 of death or Information Release Authorization for all
21 birth parents named on the original certificate of live
22 birth or, if applicable, judgment for adoption, as
23 specified in subsections (1) through (4).
24 (750 ILCS 50/18.058 new)
25 Sec. 18.058. Registration fee. A $40 fee shall be
26 charged for registering with the Illinois Adoption Registry
27 and Medical Information Exchange. However this fee shall be
28 waived for all adult adopted or surrendered persons, adoptive
29 parents, adoptive relatives, legal guardians, birth parents,
30 and birth relatives who complete Part II of the Illinois
31 Adoption Registry Application at the time of registration, as
32 well as for adoptive parents registering within 12 months of
33 the finalization of the adoption. All persons who were
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1 registered with the Illinois Adoption Registry prior to the
2 effective date of this amendatory Act of the 91st General
3 Assembly and who wish to update their registration may do so
4 without charge.
5 (750 ILCS 50/18.059 new)
6 Sec. 18.059. Exemption from liability. No liability
7 shall accrue to the State, any agency or employee thereof,
8 any private agency, or any attorney for acts or efforts made
9 within the scope of this amendatory Act of the 91st General
10 Assembly and pursuant to its provisions.
11 (750 ILCS 50/18.060 new)
12 Sec. 18.060. Effective date of entitlement. The
13 effective date of entitlement of any person to an Illinois
14 Adoption Registry Release Letter shall be March 1, 2000.
15 (750 ILCS 50/18.061 new)
16 Sec. 18.061. Illinois Adoption Registry and Medical
17 Information Exchange Fund. There is hereby created in the
18 State treasury a special fund to be known as the Illinois
19 Adoption Registry and Medical Information Exchange Fund. All
20 fees collected by the Illinois Adoption Registry under this
21 amendatory Act of the 91st General Assembly shall be
22 deposited into the Fund. Subject to appropriation, the
23 amounts in the Fund shall be used by the Department of Public
24 Health to conduct activities related to maintaining the
25 Illinois Adoption Registry and Medical Information Exchange
26 and issuing any documents and forms related to this
27 amendatory Act of the 91st General Assembly.
28 (750 ILCS 50/18.062 new)
29 Sec. 18.062. Improper disclosure of identifying
30 information. All information submitted to the Registry is
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1 confidential and gathered by the State solely for the purpose
2 of facilitating the exchange of updated medical data and
3 contact information between adopted and surrendered persons
4 and other interested parties. Information exchanged through
5 the Registry shall not be admissible as evidence nor
6 discoverable in any action of any kind in any court or before
7 any tribunal, board, agency, or commission. Disclosure of
8 identifying information in violation of this Act shall be a
9 Class C misdemeanor.
10 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
11 Sec. 18.3a. Confidential intermediary.
12 (a) General purposes. Notwithstanding any other
13 provision of this Act, any adoptee over the age of 18 or any
14 adoptive parent or legal guardian of an adoptee under the age
15 of 18 may petition the court for appointment of a
16 confidential intermediary as provided in this Section for the
17 purpose of obtaining from one or both biological parents or a
18 sibling or siblings of the adoptee information concerning the
19 background of a psychological or genetically-based medical
20 problem experienced or which may be expected to be
21 experienced in the future by the adoptee or obtaining
22 assistance in treating such a problem.
23 (b) Petition. The court shall appoint a confidential
24 intermediary for the purposes described in subsection (f) if
25 the petitioner shows the following:
26 (1) the adoptee is suffering or may be expected to
27 suffer in the future from a life-threatening or
28 substantially incapacitating physical illness of any
29 nature, or a psychological disturbance which is
30 substantially incapacitating but not life-threatening, or
31 a mental illness which, in the opinion of a physician
32 licensed to practice medicine in all its branches, is or
33 could be genetically based to a significant degree;
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1 (2) the treatment of the adoptee, in the opinion of
2 a physician licensed to practice medicine in all of its
3 branches, would be materially assisted by information
4 obtainable from the biological parents or might benefit
5 from the provision of organs or other bodily tissues,
6 materials, or fluids by the biological parents or other
7 close biological relatives; and
8 (3) there is neither an Information Exchange
9 Authorization nor a Denial of Information Exchange filed
10 in the Registry as provided in Section 18.054 18.1.
11 The affidavit or testimony of the treating physician
12 shall be conclusive on the issue of the utility of contact
13 with the biological parents unless the court finds that the
14 relationship between the illness to be treated and the
15 alleged need for contact is totally without foundation.
16 (c) Fees and expenses. The court shall condition the
17 appointment of the confidential intermediary on the payment
18 of the intermediary's fees and expenses in advance, unless
19 the intermediary waives the right to full advance payment or
20 to any reimbursement at all.
21 (d) Eligibility of intermediary. The court may appoint
22 as confidential intermediary either an employee of the
23 Illinois Department of Children and Family Services
24 designated by the Department to serve as such, any other
25 person certified by the Department as qualified to serve as a
26 confidential intermediary, or any employee of a licensed
27 child welfare agency certified by the agency as qualified to
28 serve as a confidential intermediary.
29 (e) Access. Notwithstanding any other provision of law,
30 the confidential intermediary shall have access to all
31 records of the court or any agency, public or private, which
32 relate to the adoption or the identity and location of any
33 biological parent.
34 (f) Purposes of contact. The confidential intermediary
HB0631 Engrossed -20- LRB9100454SMdvE
1 has only the following powers and duties:
2 (1) To contact one or both biological parents,
3 inform the parent or parents of the basic medical problem
4 of the adoptee and the nature of the information or
5 assistance sought from the biological parent, and inform
6 the parent or parents of the following options:
7 (A) The biological parent may totally reject
8 the request for assistance or information, or both,
9 and no disclosure of identity or location shall be
10 made to the petitioner.
11 (B) The biological parent may file an
12 Information Exchange Authorization as provided in
13 Section 18.054 18.1. The confidential intermediary
14 shall explain to the biological parent the
15 consequences of such a filing, including that the
16 biological parent's identity will be available for
17 discovery by the adoptee. If the biological parent
18 agrees to this option, the confidential intermediary
19 shall supply the parent with the appropriate forms,
20 shall be responsible for their immediate filing with
21 the Registry, and shall inform the petitioner of
22 their filing.
23 (C) If the biological parent wishes to provide
24 the information or assistance sought but does not
25 wish his or her identity disclosed, the confidential
26 intermediary shall arrange for the disclosure of the
27 information or the provision of assistance in as
28 confidential a manner as possible so as to protect
29 the privacy of the biological parent and minimize
30 the likelihood of disclosure of the biological
31 parent's identity.
32 (2) If a biological parent so desires, to arrange
33 for a confidential communication with the treating
34 physician to discuss the need for the requested
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1 information or assistance.
2 (3) If a biological parent agrees to provide the
3 information or assistance sought but wishes to maintain
4 his or her privacy, to arrange for the provision of the
5 information or assistance to the physician in as
6 confidential a manner as possible so as to protect the
7 privacy of the biological parent and minimize the
8 likelihood of disclosure of the biological parent's
9 identity.
10 (g) Oath. The confidential intermediary shall sign an
11 oath of confidentiality substantially as follows:
12 "I, .........., being duly sworn, on oath depose and
13 say: As a condition of appointment as a confidential
14 intermediary, I affirm that:
15 (1) I will not disclose to the petitioner, directly
16 or indirectly, any information about the identity or
17 location of the biological parent whose assistance is
18 being sought for medical reasons except in a manner
19 consistent with the law.
20 (2) I recognize that violation of this oath
21 subjects me to civil liability and to being found in
22 contempt of court.
23 ................................
24 SUBSCRIBED AND SWORN to before me, a Notary Public,
25 on (insert date). this ..... day of .........., 19...
26 ................................"
27 (h) Sanctions.
28 (1) Any confidential intermediary who improperly
29 discloses information identifying a biological parent
30 shall be liable to the biological parent for damages and
31 may also be found in contempt of court.
32 (2) Any physician or other person who learns a
33 biological parent's identity, directly or indirectly,
34 through the use of procedures provided in this Section
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1 and who improperly discloses information identifying the
2 biological parent shall be liable to the biological
3 parent for actual damages plus minimum punitive damages
4 of $10,000.
5 (i) Death of biological parent. Notwithstanding any
6 other provision of this Act, if the confidential intermediary
7 discovers that the person whose assistance is sought has
8 died, he or she shall report this fact to the court, along
9 with a copy of the death certificate if possible.
10 (Source: P.A. 86-1451; revised 10-20-98.)
11 (750 ILCS 50/18.1 rep.)
12 (750 ILCS 50/18.3 rep.)
13 (750 ILCS 50/18.5 rep.)
14 (750 ILCS 50/18.6 rep.)
15 Section 15. The Adoption Act is amended by repealing
16 Sections 18.1, 18.3, 18.5, and 18.6.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.
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