|
|
Public Act 094-0430
|
| SB1458 Enrolled |
LRB094 10659 LCB 41019 b |
|
|
AN ACT concerning adoption.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Adoption Act is amended by changing Section |
18.05 as follows:
|
(750 ILCS 50/18.05)
|
Sec. 18.05. The Illinois Adoption Registry and Medical |
Information
Exchange.
|
(a) General function. Subject to appropriation, the |
Department of Public
Health shall redefine the function of the |
Illinois Adoption Registry and
create the Medical Information |
Exchange in the manner outlined in subsections
(b) and (c) for |
the purpose of facilitating the voluntary exchange of
medical |
information between mutually consenting birth parents or birth
|
siblings
and mutually consenting adoptive parents or legal |
guardians of
adopted or surrendered persons under the age of 21 |
or adopted or
surrendered persons 21 years of age or over.
The |
Department shall establish rules for the confidential |
operation of the
Illinois Adoption
Registry. Beginning January |
1, 2000, the Department shall conduct a public
information |
campaign through public service announcements
and other forms |
of media coverage and, for a minimum of 4 years, through
|
notices enclosed with driver's
license renewal applications, |
shall inform
adopted and surrendered persons born, |
surrendered, or adopted in Illinois and
their adoptive parents, |
legal guardians, birth parents and birth siblings of
the |
Illinois Adoption Registry and Medical Information Exchange. |
The
Department shall notify all parties who registered with the |
Illinois Adoption
Registry prior to January 1, 2000 of the |
provisions of this amendatory Act of
1999. The Illinois
|
Adoption
Registry shall also
maintain an informational |
Internet site where interested parties may access
information |
|
about the Illinois Adoption Registry and Medical Information
|
Exchange and download all necessary application forms. The |
Illinois Adoption
Registry
shall maintain statistical records |
regarding Registry participation and publish
and circulate to |
the public
informational material
about the function and |
operation of the Registry.
|
(b) Establishment of the Adoption/Surrender Records File. |
When a person has
voluntarily registered with
the Illinois |
Adoption Registry and completed an Illinois Adoption Registry
|
Application or a Registration Identification Form, the |
Registry shall establish
a
new Adoption/Surrender Records |
File. Such file may concern
an adoption that was finalized by a |
court action in the State of Illinois, an
adoption of a person |
born in Illinois finalized
by a court action in a state other |
than Illinois or in a foreign country, or a
surrender taken in |
the State of Illinois, or an adoption filed according to |
Section 16.1 of the Vital Records Act under a Record of Foreign |
Birth that was not finalized by a court action in the State of |
Illinois. Such file may be established for
adoptions or |
surrenders finalized prior to as well as after the effective |
date
of this amendatory Act of 1999. A file may be created in
|
any manner to preserve documents including but not limited to |
microfilm,
optical imaging, or electronic documents.
|
(c) Contents of the Adoption/Surrender Records File. An |
established
Adoption/Surrender
Records File shall be limited |
to the following items, to the extent that they
are
available:
|
(1) The General Information Section and Medical |
Information Exchange
Questionnaire of any Illinois |
Adoption Registry Application or a Registration
|
Identification
Form which
has been voluntarily completed |
by the adopted or surrendered person or his or
her adoptive
|
parents, legal guardians, birth parents, or birth |
siblings.
|
(2) Any photographs
voluntarily provided
by any |
registrant for the
adopted or surrendered person or his or |
her adoptive parents, legal guardians,
birth parents, or |
|
birth siblings at the
time of registration or any time |
thereafter.
All such photographs shall be submitted in an |
unsealed
envelope no larger than 8 1/2" x 11", and shall |
not include identifying
information pertaining to any |
person other than the registrant
who submitted them.
Any |
such identifying information shall be redacted by the |
Department or the
information shall be returned for removal |
of identifying information.
|
(3) Any Information Exchange Authorization or Denial |
of Information
Exchange
which has been filed by a |
registrant.
|
(4) For all adoptions finalized after January 1, 2000, |
copies of the
original certificate of live birth and the |
certificate
of adoption.
|
(5) Any updated address submitted by any registered |
party about himself or
herself.
|
(6) Any proof of death which has been submitted by an |
adopted or
surrendered person,
adoptive parent,
legal |
guardian,
birth parent, or birth sibling.
|
(d) An established Adoption/Surrender Records File for an |
adoption filed in Illinois under a Record of Foreign Birth that |
was not finalized in a court action in the State of Illinois |
shall be limited to the following items submitted to the State |
Registrar of Vital Records under Section 16.1 of the Vital |
Records Act, to the extent that they are available: |
(1) Evidence as to the child's birth date and |
birthplace (including the country of birth and, if |
available, the city and province of birth) provided by the |
original birth certificate, or by a certified copy, |
extract, or translation thereof or by other document |
essentially equivalent thereto (the records of the U.S. |
Immigration and Naturalization Service or of the U.S. |
Department of State to be considered essentially |
equivalent thereto). |
(2) A certified copy, extract, or translation of the |
adoption decree or other document essentially equivalent |