Public Act 097-0110
 
HB1255 EnrolledLRB097 07482 RPM 47592 b



    AN ACT concerning families.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Vital Records Act is amended by changing 
Section 17 as follows:
 



    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)



    Sec. 17. (1) For a person born in this State, the State 
Registrar of Vital
Records shall establish a new certificate of 
birth when he receives any of
the following:


        (a) A certificate of adoption as provided in Section 16 
    or a certified
copy of the order of adoption together with 
    the information necessary to
identify the original 
    certificate of birth and to establish the new
certificate 
    of birth; except that a new certificate of birth shall not 
    be
established if so requested by the court ordering the 
    adoption, the
adoptive parents, or the adopted person.


        (b) A certificate of adoption or a certified copy of 
    the order of
adoption entered in a court of competent 
    jurisdiction of any other state or
country declaring 
    adopted a child born in the State of Illinois, together

    with the information necessary to identify the original 
    certificate of
birth and to establish the new certificate 
    of birth; except that a new
certificate of birth shall not 
    be established if so requested by the court
ordering the 
    adoption, the adoptive parents, or the adopted person.


        (c) A request that a new certificate be established and 
    such evidence as
required by regulation proving that such 
    person has been legitimatized, or
that the circuit court, 
    the Department of Healthcare and Family Services (formerly

    Illinois Department of Public Aid), or
a court or 
    administrative agency of any other state
has established

    the paternity of such a person
by judicial or 
    administrative processes or by voluntary acknowledgment,

    which is accompanied by the social security
numbers of all 
    persons determined and presumed to be the parents.


        (d) An affidavit by a physician that he has performed 
    an operation on a
person, and that by reason of the 
    operation the sex designation on such
person's birth record 
    should be changed.  The State Registrar of Vital
Records may 
    make any investigation or require any further information 
    he
deems necessary.

    Each request for a new certificate of birth shall be 
accompanied by a fee
of $15 and entitles the applicant to one 
certification or certified copy
of the new certificate.  If the 
request is for additional copies, it shall
be accompanied by a 
fee of $2 for each additional certification or certified
copy.

    (2) When a new certificate of birth is established, the 
actual place and
date of birth shall be shown; provided, in the 
case of adoption of a person
born in this State by parents who 
were residents of this State at the time
of the birth of the 
adopted person, the place of birth may be shown as the
place of 
residence of the adoptive parents at the time of such person's

birth, if specifically requested by them, and any new 
certificate of birth
established prior to the effective date of 
this amendatory Act may be
corrected accordingly if so 
requested by the adoptive parents or the
adopted person when of 
legal age. The social security numbers of the
parents shall not 
be recorded on the certificate of birth. The social
security 
numbers may only be used for purposes allowed under federal 
law.
The new certificate shall be substituted for the original 
certificate of birth:


        (a) Thereafter, the original certificate and the 
    evidence of adoption,
paternity, legitimation, or sex 
    change shall not be subject to inspection
or certification 
    except upon order of the circuit court or
as provided by 
    regulation. If the new certificate was issued subsequent to 
    an adoption, the original certificate shall not be subject 
    to inspection until the adopted person has reached the age 
    of 21; thereafter, the original certificate shall be made 
    available as provided by Section 18.1b of the Adoption Act. 


        (b) Upon receipt of notice of annulment of adoption, 
    the original
certificate of birth shall be restored to its 
    place in the files, and the
new certificate and evidence 
    shall not be subject to inspection or
certification except 
    upon order of the circuit court.

    (3) If no certificate of birth is on file for the person 
for whom a new
certificate is to be established under this 
Section, a delayed record of
birth shall be filed with the 
State Registrar of Vital Records as provided
in Section 14 or 
Section 15 of this Act before a new certificate of birth
is 
established, except that when the date and place of birth and 
parentage
have been established in the adoption proceedings, a 
delayed record shall
not be required.

    (4) When a new certificate of birth is established by the 
State
Registrar of Vital Records, all copies of the original 
certificate of birth
in the custody of any custodian of 
permanent local records in this State
shall be transmitted to 
the State Registrar of Vital Records as directed,
and shall be 
sealed from inspection except as provided by Section 18.1b of 
the Adoption Act.

    (5) Nothing in this Section shall be construed to prohibit 
the amendment
of a birth certificate in accordance with 
subsection (6) of Section 22.

(Source: P.A. 95-331, eff. 8-21-07.)

 
    Section 10. The Adoption Act is amended  by changing 
Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as 
follows:
 



    (750 ILCS 50/18.06)



    Sec. 18.06. Definitions. When used in Sections
18.05 
through Section 18.6, for the purposes of the Registry:

    "Adopted person" means a person who was adopted
pursuant to 
the laws in effect at the time of the adoption.

    "Adoptive parent" means a person who has become a parent 
through the legal
process of adoption.

    "Adult child" means the biological child 21 years of age or 
over of a deceased adopted or surrendered person.

    "Adult Adopted or Surrendered Person" means an adopted or 
surrendered person 21 years of age or over. 
    "Agency" means a public child welfare agency or a licensed 
child welfare
agency.

    "Birth aunt" means the adult full or half sister of a 
deceased birth parent.

    "Birth father" means the biological father of an adopted or 
surrendered
person who is named on the original certificate of 
live birth or on a consent
or surrender document, or a 
biological father whose paternity has been
established by a 
judgment or order of the court, pursuant to the Illinois

Parentage Act of 1984.

    "Birth mother" means the biological mother of an adopted or 
surrendered
person.

    "Birth parent" means a birth mother or birth father of an 
adopted or
surrendered person.

    "Birth Parent Preference Form" means the form prepared by 
the Department of Public Health pursuant to Section 18.2 
completed by a birth parent registrant and filed with the  
Registry that indicates the birth parent's preferences 
regarding contact and, if applicable, the release of his or her 
identifying information on the non-certified copy of the 
original birth certificate released to an adult adopted or 
surrendered person  or to the surviving adult child or surviving 
spouse of a deceased adopted or surrendered person who has 
filed a Request for a Non-Certified Copy of an Original Birth 
Certificate. 
    "Birth relative" means a birth mother, birth father, birth 
sibling, birth aunt, or birth uncle.

    "Birth sibling" means the adult full or half sibling
of an 
adopted or
surrendered person.

    "Birth uncle" means the adult full or half brother of a 
deceased birth parent.

    "Confidential intermediary" means an individual certified 
by the Department of Children and Family Services pursuant to 
Section 18.3a(e). 
    "Denial of Information Exchange" means an affidavit 
completed by a
registrant with the Illinois Adoption Registry 
and Medical Information Exchange
denying the release of 
identifying information which has been filed with the Registry.

    "Information Exchange Authorization" means
an affidavit 
completed by a registrant with the Illinois Adoption Registry 
and
Medical Information Exchange authorizing the release of 
identifying
information which has been filed with the Registry.

    "Medical Information Exchange Questionnaire" means the 
medical
history
questionnaire completed by a registrant of the 
Illinois Adoption Registry and
Medical Information Exchange.

    "Non-certified Copy of the Original Birth Certificate" 
means a non-certified copy of the original certificate of live 
birth of an adult adopted or surrendered person who was born in 
Illinois. 
    "Proof of death" means a death certificate.

    "Registrant" or "Registered Party" means a birth parent, 
birth sibling,
birth aunt, birth uncle, adopted or surrendered 
person 21 years of age or over, adoptive parent or legal

guardian of an adopted or surrendered person under the age of 
21, or adoptive parent, surviving spouse, or adult child of a 
deceased adopted or surrendered person who has filed
an 
Illinois Adoption Registry Application or Registration 
Identification Form
with the Registry.

    "Registry" means the Illinois Adoption Registry and 
Medical Information Exchange.
    "Request for a Non-Certified Copy of an Original Birth 
Certificate" means an affidavit completed by an adult adopted 
or surrendered person or by the surviving adult child or 
surviving spouse of a deceased adopted or surrendered person 
and filed with the Registry requesting a non-certified copy of 
an adult adopted or surrendered person's original certificate 
of live birth in Illinois. 
    "Surrendered person" means a person whose parents' rights 
have been
surrendered or terminated but who has not been 
adopted.

    "Surviving spouse" means the wife or husband, 21 years of 
age or older, of a deceased adopted or surrendered person who 
would be 21 years of age or older if still alive and who has one 
or more surviving biological children who are under the age of 
21.

    "18.3 Statement" means a statement regarding the 
disclosure of identifying information signed by a birth parent 
under Section 18.3 of this Act as it existed immediately prior 
to the effective date of this amendatory Act of the 96th 
General Assembly. 
(Source: P.A. 96-895, eff. 5-21-10.)

 



    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)



    Sec. 18.1. Disclosure of identifying information. 

    (a) The Department of Public Health shall establish and 
maintain a
Registry for the purpose of allowing mutually

consenting members of birth and adoptive families to exchange 
identifying and medical information.  Identifying information 
for
the purpose of this Act shall mean any one or more of the 
following:


        (1) The name and last known address of the consenting 
    person or persons.


        (2) A copy of the Illinois Adoption Registry 
    Application of the
consenting person or persons.


        (3) A non-certified copy of the original birth 
    certificate of an adult adopted
or surrendered person.

    (b) Written authorization from all parties identified must 
be received prior
to disclosure of any identifying information, 
with the exception of non-certified copies of original birth 
certificates released to adult adopted or surrendered persons 
or to surviving adult children and surviving spouses of 
deceased adopted or surrendered persons pursuant to the 
procedures outlined in Section 18.1b(e).

    (c) At any time after a child is surrendered for adoption, 
or at any
time during the adoption proceedings or at any time 
thereafter, either
birth parent or both of them may file with 
the Registry a Birth
Parent Registration Identification Form 
and an Information Exchange
Authorization or a Denial of 
Information Exchange.

    (d) A birth sibling 21 years of age or over who was not 
surrendered for
adoption and who has submitted a copy of his or 
her birth certificate as well as proof of death for a deceased 
birth parent
and such birth parent did not file a Denial of 
Information Exchange or a Birth Parent Preference Form on which 
Option E was selected with the
Registry prior to his or her 
death may file a Registration Identification Form
and an 
Information Exchange Authorization or a Denial of Information 
Exchange.

    (e) A birth aunt or birth uncle who has submitted birth 
certificates for himself or herself and for a deceased birth 
parent naming at least one common biological parent as well as 
proof of death for the deceased birth parent and such birth 
parent did not file a Denial of Information Exchange or a Birth 
Parent Preference Form on which Option E was selected with the 
Registry prior to his or her death may file a Registration 
Identification Form and an Information Exchange Authorization 
or a Denial of Information Exchange.

    (f) Any adopted person 21 years of age or over, any 
surrendered person
 21 years of age or over, or any adoptive 
parent or legal guardian of an
adopted or surrendered person 
under the age of 21 may file with the Registry
a Registration 
Identification Form and an Information Exchange Authorization

or a Denial of Information Exchange.

    (g) Any adult child 21 years of age or over of a deceased 
adopted or surrendered person who has submitted a copy of his 
or her birth certificate naming an adopted or surrendered 
person as his or her biological parent as well as proof of 
death for the deceased adopted or surrendered person and such 
adopted or surrendered person did not file a Denial of 
Information Exchange with the Registry prior to his or her 
death may file a Registration Identification Form and an 
Information Exchange Authorization or a Denial of Information 
Exchange.

    (h) Any surviving spouse of a deceased adopted or 
surrendered person 21 years of age or over who has submitted 
proof of death for the deceased adopted or surrendered person 
and such adopted or surrendered person did not file a Denial of 
Information Exchange with the Registry prior to his or her 
death as well as a birth certificate naming themselves and the 
adopted or surrendered person as the parents of a minor child 
under the age of 21 may file a Registration Identification Form 
and an Information Exchange Authorization or a Denial of 
Information Exchange.

    (i) Any adoptive parent or legal guardian of a deceased 
adopted or surrendered person who is 21 years of age or over 
who has submitted proof of death as well as proof of parentage 
or guardianship for the deceased adopted or surrendered person 
and such adopted or surrendered person did not file a Denial of 
Information Exchange with the Registry prior to his or her 
death may file a Registration Identification Form and an 
Information Exchange Authorization or a Denial of Information 
Exchange.

    (j) The Department of Public Health shall supply to the 
adopted or
surrendered person or his or her adoptive parents, 
legal guardians, adult children or surviving spouse, and
to the 
birth parents identifying information only if both the adopted 
or
surrendered person, or one of his or her adoptive parents, 
legal guardians, adult children or his or her surviving spouse, 
and
the birth parents have filed with the Registry an 
Information Exchange
Authorization or a Birth Parent 
Preference Form on which Option A, B, or C was selected and the 
information at the Registry indicates that the
consenting 
adopted or surrendered person, the child of the consenting

adoptive parents or legal guardians, the parent of the 
consenting adult child of the adopted or surrendered person, or 
the deceased wife or husband of the consenting surviving spouse

is the child of the consenting birth
parents, except 
identifying information that appears on a non-certified copy of 
an original birth certificate may be provided to an adult 
adopted or surrendered person or to the surviving adult child 
or surviving spouse of a deceased adopted or surrendered person 
pursuant to the procedures outlined in Section 18.1b(e) of this 
Act.  

    The Department of Public Health shall supply to adopted or 
surrendered
persons who are birth siblings identifying 
information only if both siblings
have filed with the Registry 
an Information Exchange Authorization and the
information at 
the Registry indicates that the consenting siblings have one
or 
both birth parents in common.  Identifying information shall be 
supplied to
consenting birth siblings who were adopted or 
surrendered if any such sibling
is 21 years of age or over.  
Identifying information shall be supplied to
consenting birth 
siblings who were not adopted or surrendered if any such

sibling is 21 years of age or over and has proof of death of the 
common birth
parent and such birth parent did not file a Denial 
of Information Exchange or a Birth Parent Preference Form on 
which Option E was selected
with the Registry prior to his or 
her death.

    (k) The Department of Public Health shall supply to the 
adopted or surrendered person or his or her adoptive parents, 
legal guardians, adult children or surviving spouse, and to a 
birth aunt identifying information only if both the adopted or 
surrendered person or one of his or her adoptive parents, legal 
guardians, adult children or his or her surviving spouse, and 
the birth aunt have filed with the Registry an Information 
Exchange Authorization and the information at the Registry 
indicates that the consenting adopted or surrendered person, or 
the child of the consenting adoptive parents or legal 
guardians, or the parent of the consenting adult child, or the 
deceased wife or husband of the consenting surviving spouse of 
the adopted or surrendered person is or was the child of the 
brother or sister of the consenting birth aunt.

    (l) The Department of Public Health shall supply to the 
adopted or surrendered person or his or her adoptive parents, 
legal guardians, adult children or surviving spouse, and to a 
birth uncle identifying information only if both the adopted or 
surrendered person or one of his or her adoptive parents, legal 
guardians, adult children or his or her surviving spouse, and 
the birth uncle have filed with the Registry an Information 
Exchange Authorization and the information at the Registry 
indicates that the consenting adopted or surrendered person, or 
the child of the consenting adoptive parents or legal 
guardians, or the parent of the consenting adult child, or the 
deceased wife or husband of the consenting surviving spouse of 
the adopted or surrendered person is or was the child of the 
brother or sister of the consenting birth uncle.

    (m) A registrant

may notify the Registry of his or her

desire not to have identifying information revealed or may 
revoke any previously
filed Information Exchange Authorization 
by completing and filing with the
Registry a Registry 
Identification Form along with a Denial of Information
Exchange 
or, if applicable, a Birth Parent Preference Form.   Any 
registrant, except a birth parent,  may revoke his or her Denial 
of Information Exchange by filing
an Information Exchange 
Authorization. A birth parent may revoke a Denial of 
Information Exchange by filing a Birth Parent Preference Form.  
Any birth parent who has previously filed a Birth Parent 
Preference Form where Option E was selected may revoke such 
preference by filing a subsequent Birth Parent Preference Form 
and selecting Option A, B, C, or D.  The Department of Public 
Health shall
act in accordance with the most recently filed 
affidavit.

    (n) Identifying information ascertained from the Registry 
shall be
confidential and may be disclosed only (1) upon a 
Court Order, which order
shall name the person or persons 
entitled to the information, or (2) to a registrant who is the 
subject of an Information Exchange
Authorization or, if 
applicable, a Birth Parent Preference Form that was completed 
by another registrant and filed with the Illinois Adoption 
Registry and Medical Information Exchange, or (3) as authorized 
under subsection (h) of Section 18.3 of
this Act, or (4) 
pursuant to the procedures outlined in Section 18.1b(e) of this 
Act.  Any person who willfully provides unauthorized
disclosure 
of any information filed with the Registry or who knowingly or

intentionally files false information with the Registry shall 
be guilty of
a Class A misdemeanor and shall be liable for 
damages.

    (o) If information is disclosed pursuant to this Act, the 
Department shall
redact it to remove any identifying 
information about any party who has not
consented to the 
disclosure of such identifying information, or, in the case of 
identifying information on the original birth certificate, 
pursuant to Section 18.1b(e) of this Act.

(Source: P.A. 96-895, eff. 5-21-10.)

 



    (750 ILCS 50/18.1a)



    Sec. 18.1a. Registry matches. 

    (a) The Registry shall release identifying information, as 
specified on
the applicant's Information Exchange 
Authorization or, if applicable, a Birth Parent Preference 
Form, to the following
mutually consenting registered parties

and provide them with any photographs or correspondence which 
have been placed in the
Adoption/Surrender Records File and
are 
specifically intended for the registered parties:


        (i) an adult adopted or surrendered person and one of 
    his or her birth
relatives who have both filed an 
    applicable Information
Exchange Authorization or, if 
    applicable, a Birth Parent Preference Form specifying the 
    other consenting party with the Registry,
if
information 
    available to the Registry
confirms that the consenting 
    adopted or surrendered person is biologically related to 
    the consenting birth relative;


        (ii) the adoptive parent or legal guardian of an 
    adopted or surrendered
person under the age of 21
and one 
    of the adopted or surrendered person's birth relatives who

    have both filed an Information Exchange Authorization 
    specifying the other
consenting party with the Registry, 
    or, if applicable, a Birth Parent Preference Form, with the 
    Registry, if
information available to the Registry 
    confirms that the child of the consenting
adoptive parent 
    or legal guardian is biologically related to the
consenting

    birth relative; and

        (iii) the adoptive parent, adult child or surviving 
    spouse of a deceased adopted or surrendered person, and one 
    of the adopted or surrendered person's birth relatives who 
    have both filed an applicable Information Exchange 
    Authorization specifying the other consenting party with 
    the Registry, or, if applicable, a Birth Parent Preference 
    Form, with the Registry, if information available to the 
    Registry confirms that the child of the consenting adoptive 
    parent, the parent of the consenting adult child or the 
    deceased wife or husband of the consenting surviving spouse 
    of the adopted or surrendered person was biologically 
    related to the consenting birth relative.

    (b) If a registrant is the subject of a Denial of

Information Exchange filed by another registered party or is an 
adopted or surrendered person, or the surviving relative of a 
deceased adopted or surrendered person, and a  birth parent of 
the adopted or surrendered person completed a Birth Parent 
Preference Form and selected Option E, the Registry shall
not 
release identifying information to either registrant or, if 
applicable, to an adopted person who has requested a copy of 
his or her original birth certificate, with the exception of 
non-certified copies of the original birth certificate 
released under Section 18.1b(e), and as to a birth parent who 
has prohibited release of identifying information on the 
original birth certificate to the adult adopted or surrendered 
person, upon the death of said birth parent.

    (c) If a registrant has completed a Medical Information 
Exchange
Questionnaire and has consented to its disclosure, 
that Questionnaire shall be
released to any registered party 
who has indicated their desire to receive such
information on 
his or her Illinois Adoption Registry Application, if

information available to the Registry
confirms that the 
consenting parties are biologically related, that the 
consenting
birth relative and the child of the consenting 
adoptive parents or legal
guardians are birth relatives, or 
that the consenting birth relative and the deceased wife or 
husband of the consenting surviving spouse are birth relatives.

(Source: P.A. 96-895, eff. 5-21-10.)

 



    (750 ILCS 50/18.1b)



    Sec. 18.1b. The Illinois Adoption Registry Application. 
The Illinois
Adoption Registry Application shall substantially 
include the following:

    (a) General Information.  The Illinois Adoption Registry

Application shall include the space to provide Information 
about the registrant
including his or her
surname, given name 
or names, social security number (optional), mailing
address, 
home telephone number, gender, date and place of birth, and the 
date
of registration.  If applicable and known
to the 
registrant, he or she may include the maiden surname of the

birth mother, any subsequent surnames of the birth mother, the 
surname of the
birth father, the given name or names of the 
birth parents, the dates and
places of birth of the birth 
parents, the surname and given name or names of
the adopted 
person prior to adoption, the gender and date and place of 
birth of
the adopted or surrendered person, the name of the 
adopted person following
his or her adoption and the state and 
county where the judgment of adoption was
finalized.

    (b) Medical Information Exchange Questionnaire.  In 
recognition of
the importance of medical information and of 
recent discoveries regarding the
genetic origin of many medical 
conditions and diseases all registrants shall be
asked to 
voluntarily complete a Medical
Information Exchange 
Questionnaire. The Medical Information Exchange Questionnaire 
shall include a comprehensive check-list of medical conditions 
and diseases including those of genetic origin. 


        (1) For birth relatives, the Medical Information 
    Exchange
Questionnaire
shall
include a comprehensive 
    check-list of medical
conditions and diseases including 
    those of genetic origin.  Birth relatives shall be asked to 
    indicate all genetically-inherited diseases
and
conditions 
    on this
list which are known to exist in the adopted or 
    surrendered person's birth
family at the time of 
    registration.
In addition, all birth relatives

shall be 
    apprised of the Registry's provisions for voluntarily 
    submitting
information about their and their family's 
    medical
histories on a confidential, ongoing basis.


        (2) Adopted and surrendered persons and their adoptive 
    parents, legal
guardians, adult children, and surviving 
    spouses shall be asked to indicate all

    genetically-inherited diseases and medical conditions with 
    which the adopted or
surrendered person or, if applicable, 
    his or her children have been diagnosed
since birth.


        (3) The Medical Information Exchange Questionnaire

    shall include a space where the registrant may authorize 
    the release of the
Medical Information Exchange 
    Questionnaire to specified registered parties and a

    disclaimer
informing registrants that the Department of 
    Public Health cannot guarantee the
accuracy of medical 
    information exchanged through the Registry.

    (c) Written statement.  All registrants shall be given the

opportunity to voluntarily file a written statement with the 
Registry.  This
statement
shall be submitted in the space 
provided.
No written statement submitted to the Registry
shall 
include identifying information pertaining to any person other 
than the
registrant who submitted it.
Any such identifying 
information shall be redacted by the Department or
returned for 
removal of identifying information.

    (d) Exchange of information.  All registrants except birth 
parents may indicate their
wishes regarding contact and the 
exchange of identifying and/or medical information with any 
other registrant by completing an
Information Exchange 
Authorization or a Denial of Information Exchange. Birth 
parents may indicate their wishes regarding contact by filing a 
Birth Parent Preference Form pursuant to the procedures 
outlined in this Section. 


        (1) Information Exchange Authorization.  Adopted or 
    surrendered persons 21
years of age or over who are 
    interested in exchanging identifying and/or medical 
    information or would welcome contact with one or more of 
    their
birth relatives; birth parents
who are interested in 
    exchanging identifying and/or medical information or would 
    welcome contact with an adopted or surrendered
person 21 
    years of age or over, or one or more of his or her adoptive 
    parents, legal guardians, adult children, or a surviving 
    spouse;
birth siblings 21 years of age or over who were 
    adopted or surrendered and who
are interested in exchanging 
    identifying and/or medical information or would welcome 
    contact with an adopted or surrendered person, or one or 
    more of
his or her adoptive parents, legal guardians, adult 
    children, or a surviving spouse; birth siblings 21 years of 
    age
or
over who were not surrendered and who have submitted 
    proof of death for any
common
birth parent
who did not file 
    a Denial of Information Exchange or a Birth Parent 
    Preference Form on which Option E was selected prior to his 
    or her death,
and who are interested in exchanging 
    identifying and/or medical information or would welcome 
    contact with an adopted or surrendered person, or one or

    more of his or her adoptive parents,

legal guardians, adult 
    children, or a surviving spouse; birth aunts and birth 
    uncles 21 years of age or over who have submitted birth 
    certificates for themselves and a deceased birth parent 
    naming at least one common biological parent as well as 
    proof of death for a deceased birth parent and who are 
    interested in exchanging identifying and/or medical 
    information or would welcome contact with an adopted or 
    surrendered person 21 years of age or over, or one or more 
    of his or her adoptive parents, legal guardians, adult 
    children or a surviving spouse;
adoptive parents or
legal 
    guardians of
adopted or surrendered persons under the age 
    of 21 who are interested in exchanging identifying and/or 
    medical information or would welcome
contact with one or 
    more of the adopted or surrendered person's birth 
    relatives; adoptive parents and legal guardians of 
    deceased adopted or surrendered persons 21 years of age or 
    over who have submitted proof of death for a deceased 
    adopted or surrendered person who did not file a Denial of 
    Information Exchange prior to his or her death and who are 
    interested in exchanging identifying and/or medical 
    information or would welcome contact with one or more of 
    the adopted or surrendered person's birth relatives; adult 
    children of deceased adopted or surrendered persons who 
    have submitted a birth certificate naming the adopted or 
    surrendered person as their biological parent and proof of 
    death for an adopted or surrendered person who did not file 
    a Denial of Information Exchange prior to his or her death; 
    and surviving spouses of deceased adopted or surrendered 
    persons who have submitted a marriage certificate naming an 
    adopted or surrendered person as their deceased wife or 
    husband and proof of death for an adopted or surrendered 
    person who did not file a Denial of Information Exchange 
    prior to his or her death and who are interested in 
    exchanging identifying and/or medical information or would 
    welcome contact with one or more of the adopted or 
    surrendered person's birth relatives may specify with whom 
    they
wish to exchange identifying information by
filing an 
    Information Exchange Authorization.


        (2) Denial of Information Exchange.  Adopted or 
    surrendered persons 21
years of age or over who do not wish 
    to exchange identifying information or establish contact 
    with one or
more of their birth relatives may specify
with 
    whom they do not wish to exchange
identifying information 
    or do not wish to establish contact by filing a Denial of

    Information Exchange.  Birth relatives other than birth 
    parents who do not wish to
establish contact with an

    adopted or surrendered person or one or more of his or her 
    adoptive parents,

legal guardians, or adult children may 
    specify with whom they do not wish to exchange identifying

    information or do not wish to establish contact by filing a 
    Denial of Information Exchange. Birth parents who wish to 
    prohibit the release of their identifying information on 
    the original birth certificate released to an adult adopted 
    or surrendered person who was born after January 1, 1946, 
    or to the surviving adult child or surviving spouse of a 
    deceased adopted or surrendered person who was born after 
    January 1, 1946, may do so by filing a Denial with the 
    Registry on or before December 31, 2010. As of January 1, 
    2011, birth parents who wish to prohibit the release of 
    identifying information on the non-certified copy of the 
    original birth certificate released to an adult adopted 
    surrendered person or to the surviving adult child or 
    surviving spouse of a deceased adopted or surrendered 
    person may do so by selecting Option E on a Birth Parent 
    Preference Form and filing the Form with the Registry.  
    Adoptive parents or
legal guardians of adopted or 
    surrendered persons under the age of 21 who do
not wish to 
    establish contact with one or more of the adopted or

    surrendered person's birth relatives may specify with whom 
    they
do not wish to exchange identifying
information by 
    filing a Denial of Information Exchange. Adoptive parents, 
    adult children, and surviving spouses of deceased adoptees 
    who do not wish to exchange identifying information or 
    establish contact with one or more of the adopted or 
    surrendered person's birth relatives may specify with whom 
    they do not wish to exchange identifying information or do 
    not wish to establish contact by filing a Denial of 
    Information Exchange.

        (3) Birth Parent Preference Form. Beginning January 1, 
    2011, birth parents who are eligible to register with the 
    Illinois Adoption Registry and Medical Information 
    Exchange and whose birth child was born on or after January 
    1, 1946 may who wish to communicate their wishes regarding 
    contact or may prohibit and/or the release of their 
    identifying information on the non-certified copy of the 
    original birth certificate released under subsection (e) 
    of this Section by filing to an adult adopted or 
    surrendered person or the surviving adult child or 
    surviving spouse of a deceased adopted or surrendered 
    person who has requested a copy of the adopted or 
    surrendered person's original birth certificate by filing 
    a Request for a Non-Certified Copy of an Original Birth 
    Certificate pursuant to subsection (e) of this Section, may 
    file a Birth Parent Preference Form with the Registry. 
    Birth parents whose birth child was born before January 1, 
    1946, may communicate their wishes regarding contact by 
    completing a Birth Parent Preference Form, selecting 
    Option A, B, C, or D, and filing the form with the 
    Registry, but may not prohibit the release of identifying 
    information. All Birth Parent Preference Forms on file with 
    the Registry at the time of receipt of a Request for a 
    Non-Certified Copy of an Original Birth Certificate from an 
    adult adopted or surrendered person or the surviving adult 
    child or surviving spouse of a deceased adopted or 
    surrendered person shall be forwarded to the relevant 
    adopted or surrendered person or surviving adult child or 
    surviving spouse of a deceased adopted or surrendered 
    person along with a non-certified copy of the adopted or 
    surrendered person's original birth certificate as 
    outlined in subsection (e) of this Section.
    (e) Procedures for requesting a non-certified copy of an 
original birth certificate by an adult adopted or surrendered 
person or by a surviving adult child or surviving spouse of a 
deceased adopted or surrendered person:
        (1) On or after the effective date of this amendatory 
    Act of the 96th General Assembly, any adult adopted or 
    surrendered person who was born in Illinois prior to 
    January 1, 1946, may complete and file with the Registry a 
    Request for a Non-Certified Copy of an Original Birth 
    Certificate.  The Registry shall provide such adult adopted 
    or surrendered person with an unaltered, non-certified 
    copy of his or her original birth certificate upon receipt 
    of the Request for a Non-Certified Copy of an Original 
    Birth Certificate. Additionally, in cases where an adopted 
    or surrendered person born in Illinois prior to January 1, 
    1946, is deceased, and one of his or her surviving adult 
    children or his or her surviving spouse has registered with 
    the Registry, he or she may complete and file with the 
    Registry a Request for a Non-Certified Copy of an Original 
    Birth Certificate. The Registry shall provide such 
    surviving adult child or surviving spouse with an 
    unaltered, non-certified copy of the adopted or 
    surrendered person's original birth certificate upon 
    receipt of the Request for a Non-Certified Copy of an 
    Original Birth Certificate.
        (2) Beginning November 15, 2011, any adult adopted or 
    surrendered person who was born in Illinois on or after  
    January 1, 1946, may complete and file with the Registry a 
    Request for a Non-certified Copy of an Original Birth 
    Certificate. Additionally, in cases where the adopted or 
    surrendered person is deceased and one of his or her 
    surviving adult children or his or her surviving spouse has 
    registered with the Registry, he or she may complete and 
    file with the Registry a Request for a Non-Certified Copy 
    of an Original Birth Certificate.
    Upon receipt of such 
    request from an adult adopted or surrendered person or from 
    one of his or her surviving adult children or his or her 
    surviving spouse, the Registry shall:
            (i) Determine if there is a Denial of Information 
        Exchange which was filed by a birth parent named on the 
        original birth certificate prior to January 1, 2011. If 
        a Denial was filed by a birth parent named on the 
        original birth certificate prior to January 1, 2011, 
        and there is no proof of death in the Registry file for 
        the birth parent who filed said Denial, the Registry 
        shall inform the requesting adult adopted or 
        surrendered person or the requesting surviving adult 
        child or surviving spouse of a deceased adopted or 
        surrendered person that they may receive a 
        non-certified copy of the original birth certificate 
        from which all identifying information pertaining to 
        the birth parent who filed the Denial has been 
        redacted. A requesting adult adopted or surrendered 
        person shall also be informed in writing of his or her 
        right to petition the court for the appointment of a 
        confidential intermediary pursuant to Section 18.3a of 
        this Act and, if applicable, to conduct a search 
        through an agency post-adoption search program once 5 
        years have elapsed since the birth parent filed the 
        Denial of Information Exchange with the Registry.
            (ii) Determine if a birth parent named on the 
        original birth certificate has filed a Birth Parent 
        Preference Form. If one of the birth parents named on 
        the original birth certificate filed a Birth Parent 
        Preference Form and selected Option A, B, C, or D, the 
        Registry shall forward to the adult adopted or 
        surrendered person or to the surviving adult child or 
        surviving spouse of a deceased adopted or surrendered 
        person a copy of the Birth Parent Preference Form along 
        with an unaltered non-certified copy of his or her 
        original birth certificate.


If one of the birth parents 
        named on the original birth certificate filed a Birth 
        Parent Preference Form and selected Option E, and there 
        is no proof of death in the Registry file for the birth 
        parent who filed said Birth Parent Preference Form, the 
        Registry shall inform the requesting adult adopted or 
        surrendered person or the requesting surviving adult 
        child or surviving spouse of a deceased adopted or 
        surrendered person that he or she may receive a 
        non-certified copy of the original birth certificate 
        from which identifying information pertaining to the 
        birth parent who completed the Birth Parent Preference 
        Form has been redacted per the birth parent's 
        specifications on the Form. The Registry shall forward 
        to the adult adopted or surrendered person or to the 
        surviving adult child or surviving spouse of a deceased 
        adopted or surrendered person a copy of the Birth 
        Parent Preference Form filed by the birth parent from 
        which identifying information has been redacted per 
        the birth parent's specifications on the Form. The 
        requesting adult adopted or surrendered person shall 
        also be informed in writing of his or her right to 
        petition the court for the appointment of a 
        confidential intermediary pursuant to Section 18.3a of 
        this Act, and, if applicable, to conduct a search 
        through an agency post-adoption search program once 5 
        years have elapsed since the birth parent filed the 
        Birth Parent Preference Form, on which Option E was 
        selected, with the Registry.
            (iii) Determine if a birth parent named on the 
        original birth certificate has filed an Information 
        Exchange Authorization. 
            (iv) If the Registry has confirmed that a 
        requesting adult adopted or surrendered person or the 
        parent of a requesting adult child of a deceased 
        adopted or surrendered person or the husband or wife of 
        a requesting surviving spouse was not the object of a 
        Denial of Information Exchange filed by a birth parent 
        on or before December 31, 2010, and that no birth 
        parent named on the original birth certificate has 
        filed a Birth Parent Preference Form where Option E was 
        selected prior to the receipt of a Request for a 
        Non-Certified Copy of an Original Birth Certificate, 
        the Registry shall provide the adult adopted or 
        surrendered person or his or her surviving adult child 
        or surviving spouse with an unaltered non-certified 
        copy of the adopted or surrendered person's original 
        birth certificate.
        (3) In cases where the Registry receives a Birth Parent 
    Preference Form from a birth parent subsequent to the 
    release of the non-certified copy of the original birth 
    certificate to an adult adopted or surrendered person or to 
    the surviving adult child or surviving spouse of a deceased 
    adopted or surrendered person, the Birth Parent Preference 
    Form shall be immediately forwarded to the adult adopted or 
    surrendered person or to the surviving adult child or 
    surviving spouse of the deceased adopted or surrendered 
    person and the birth parent who filed the form shall be 
    informed that the relevant original birth certificate has 
    already been released.
        (4) A copy of the original birth certificate shall only 
    be released to adopted or surrendered persons who were born 
    in Illinois; to surviving adult children or surviving 
    spouses of deceased adopted or surrendered persons who were 
    born in Illinois; or to 2 registered parties who have both 
    consented to the release of a non-certified copy of the 
    original birth certificate to one another through the 
    Registry when the birth of the relevant adopted or 
    surrendered person took place in Illinois. 
        (5) In cases where the Registry receives a Request for 
    a Non-Certified Copy of an Original Birth Certificate from 
    an adult adopted or surrendered person who has not 
    completed a Registry application and the file of that 
    adopted or surrendered person includes an Information 
    Exchange Authorization, Birth Parent Preference Form, or 
    Medical Information Exchange Questionnaire from one or 
    more of his or her birth relatives, the Registry shall so 
    inform the adult adopted or surrendered person and forward 
    Registry application forms to him or her along with a 
    non-certified copy of  the original birth certificate 
    consistent with the procedures outlined in this subsection 
    (e).
        (6) In cases where a birth parent registered with the 
    Registry and filed a Medical Information Exchange 
    Questionnaire prior to the effective date of this 
    amendatory Act of the 96th General Assembly but gave no 
    indication as to his or her wishes regarding contact or the 
    sharing of identifying information, the Registry shall 
    contact the birth parent by written letter prior to January 
    1, 2011, and provide him or her with the opportunity to 
    indicate his or her preference regarding contact and the 
    sharing of identifying information by submitting a Birth 
    Parent Preference Form to the Registry prior to November 1, 
    2011.
        (7) In cases where the Registry cannot locate a copy of 
    the original birth certificate in the Registry file, they 
    shall be authorized to request a copy of the original birth 
    certificate from the Illinois county where the birth took 
    place for placement in the Registry file.
        (8) Adopted and surrendered persons who wish to have 
    their names placed with the Illinois Adoption Registry and 
    Medical Information Exchange may do so by completing a 
    Registry application at any time, but completing a Registry 
    application shall not be required for adopted and 
    surrendered persons who seek only to obtain a copy of their 
    original birth certificate or any relevant Birth Parent 
    Preference Forms through the Registry.
        (9) In cases where a birth parent filed a Denial of 
    Information Exchange  with the Registry prior to January 1, 
    2011, or filed a Birth Parent Preference Form with the 
    Registry and selected Option E after January 1, 2011, and a 
    proof of death for the birth parent who filed the Denial or 
    the Birth Parent Preference Form has been filed with the 
    Registry by either a confidential intermediary, or a 
    surviving relative of the deceased birth parent, or a birth 
    child of the deceased birth parent, the Registry shall be 
    authorized to release an unaltered non-certified copy of 
    the original birth certificate to an adult adopted or 
    surrendered person or to the surviving adult child or 
    surviving spouse of a deceased adopted or surrendered 
    person who has filed a Request for a Non-Certified Copy of 
    the Original Birth Certificate with the Registry.
        (10) On and after the effective date of this amendatory 
    Act of the 96th General Assembly, in cases where all birth 
    parents named on the original birth certificate of an 
    adopted or surrendered person born after January 1, 1946, 
    are deceased and copies of death certificates for all birth 
    parents named on the original birth certificate have been 
    filed with the Registry by either a confidential 
    intermediary, or a surviving relative of the deceased birth 
    parent, or a birth child of the deceased birth parent, the 
    Registry shall be authorized to release a non-certified 
    copy of the original birth certificate to the adopted or 
    surrendered person upon receipt of his or her Request for a 
    Non-Certified Copy of an Original Birth Certificate. 
    (f) A registrant may complete all or any part of the 
Illinois Adoption
Registry Application.  All Illinois Adoption 
Registry Applications, Information
Exchange
Authorizations, 
Denials of Information Exchange, requests to revoke an

Information
Exchange Authorization or Denial of Information 
Exchange, Birth Parent Preference Forms, and affidavits

submitted
to the Registry shall be
accompanied by proof of 
identification. 

(Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)

 



    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)



    Sec. 18.2. Forms. 

    (a) The Department shall develop the Illinois Adoption 
Registry forms as provided in this Section. The General 
Assembly shall reexamine the content of the form as requested 
by the Department, in consultation with the Registry Advisory 
Council. The form of the Birth Parent Registration

Identification Form shall be substantially as follows:

BIRTH PARENT REGISTRATION IDENTIFICATION


(Insert all known information)


I, ....., state that I am the ...... (mother or father) of the

following child:


    Child's original name: ..... (first) ..... (middle) ..... 
        (last),
..... (hour of birth), ..... (date of birth), 
        ..... (city and state of
birth), ..... (name of 
        hospital).


    Father's full name: ...... (first) ...... (middle) ..... 
        (last),
..... (date of birth), ..... (city and state of 
        birth).


    Name of mother inserted on birth certificate: ..... (first) 
        .....
(middle) ..... (last), ..... (race), ..... (date 
        of birth), ......
(city and state of birth).


That I surrendered my child to: ............. (name of agency), 
    .....
(city and state of agency), ..... (approximate date 
    child surrendered).


That I placed my child by private adoption: ..... (date),

    ...... (city
and state).


Name of adoptive parents, if known: ......


Other identifying information: .....

........................


(Signature of parent)


............                        ........................

(date)                               (printed name of parent)

 

    (b) The form of the Adopted Person
Registration 
Identification shall be substantially
as follows:

ADOPTED PERSON


REGISTRATION IDENTIFICATION


(Insert all known information)


I, ....., state the following:


    Adopted Person's present name: ..... (first) ..... 
        (middle)
..... (last).


    Adopted Person's name at birth (if known): ..... (first)

        ..... (middle) .....
(last), ..... (birth date), ..... 
        (city and state of birth), ......
(sex), ..... (race).


    Name of adoptive father: ..... (first) ..... (middle) ..... 
        (last), .....
(race).


    Maiden name of adoptive mother: ..... (first) ..... 
        (middle) .....
(last), ..... (race).


    Name of birth mother (if known): ..... (first) .....

        (middle)
..... (last), ..... (race).


    Name of birth father (if known): ..... (first) .....

        (middle)
..... (last), ..... (race).


    Name(s) at birth of sibling(s) having a common birth
parent 
        with adoptee
(if known): ..... (first) ..... (middle) 
        ..... (last), ..... (race), and name
of common birth 
        parent: ..... (first) ..... (middle) .....
(last),

        ..... (race).


I was adopted through: ..... (name of agency).


I was adopted privately: ..... (state "yes" if known).


I was adopted in ..... (city and state), ..... (approximate 
    date).


Other identifying information: .............

......................


(signature of adoptee)


...........                        .........................

(date)                              (printed name of adoptee)

 

    (c) The form of the Surrendered Person Registration 
Identification shall be
substantially as follows:

SURRENDERED PERSON REGISTRATION


IDENTIFICATION


(Insert all known information)


I, ....., state the following:


    Surrendered Person's present name: ..... (first) .....

        (middle) ..... (last).


    Surrendered Person's name at birth (if known): ..... 
        (first)
.....
(middle) ..... (last), .....(birth 
        date), ..... (city and state of
birth), ...... (sex), 
        ..... (race).


    Name of guardian father: ..... (first) ..... (middle) ..... 
        (last), .....
(race).


    Maiden name of guardian mother: ..... (first) ..... 
        (middle) .....
(last), ..... (race).


    Name of birth mother (if known): ..... (first) .....

        (middle) .....
(last) ..... (race).


    Name of birth father (if known): ..... (first) .....

        (middle) .....
(last), .....(race).


    Name(s) at birth of sibling(s) having a common birth
parent 
        with surrendered person
(if known): ..... (first) 
        ..... (middle) ..... (last), ..... (race), and name
of 
        common birth parent: ..... (first) ..... (middle) 
        .....
(last),
..... (race).

I was surrendered for adoption to: ..... (name of agency).


I was surrendered for adoption in ..... (city and state), ..... 
    (approximate
date).


Other identifying information: ............

................................


(signature of surrendered person)


............                          ......................

(date)                (printed name of person

                                                             surrendered for adoption)

 
    (c-3) The form of the Registration Identification Form for 
Surviving Relatives of Deceased Birth Parents shall be 
substantially as follows:

REGISTRATION IDENTIFICATION FORM

FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS

(Insert all known information)

I, ....., state the following:

    Name of deceased birth parent at time of surrender:

    Deceased birth parent's date of birth:

    Deceased birth parent's date of death:

    Adopted or surrendered person's name at birth (if known): 
        .....(first) ..... (middle) ..... (last), .....(birth 
        date), ..... (city and state of birth), ...... (sex), 
        ..... (race).

My relationship to the adopted or surrendered person (check 
one): (birth parent's non-surrendered child) (birth parent's 
sister) (birth parent's brother).

 
If you are a non-surrendered child of the birth parent, provide 
name(s) at birth and age(s) of non-surrendered siblings having 
a common parent with the birth parent. If more than one 
sibling, please give information requested below on reverse 
side of this form. If you are a sibling or parent of the birth 
parent, provide name(s) at birth and age(s) of the sibling(s) 
of the birth parent. If more than one sibling, please give 
information requested below on reverse side of this form.

    Name (First) ..... (middle) ..... (last), .....(birth 
        date), ..... (city and state of birth), ...... (sex), 
        ..... (race).

    Name(s) of common parent(s) (first) ..... (middle) ..... 
        (last), .....(race), (first) ..... (middle) ..... 
        (last), .....(race).

My birth sibling/child of my brother/child of my sister/ was 
surrendered for adoption to ..... (name of agency) City and 
state of agency ..... Date .....(approximate) Other 
identifying information ..... (Please note that you must: (i) 
be at least 21 years of age to register; (ii) submit with your 
registration a certified copy of the birth parent's birth 
certificate; (iii) submit a certified copy of the birth 
parent's death certificate; and (iv) if you are a 
non-surrendered birth sibling or a sibling of the deceased 
birth parent, also submit a certified copy of your birth 
certificate with this registration. No application from a 
surviving relative of a deceased birth parent can be accepted 
if the birth parent filed a Denial of Information Exchange 
prior to his or her death.)

................................

(signature of birth parent's surviving relative)


 
............                                     ............
(date)                                (printed name of birth 
                parent's surviving relative)
 
    (c-5)     The form of the Registration Identification Form for 
Surviving Relatives of Deceased Adopted or Surrendered Persons 
shall be substantially as follows:

REGISTRATION IDENTIFICATION FORM FOR

SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS

(Insert all known information)

I, ....., state the following:

    Adopted or surrendered person's name at birth (if known): 
        (first) ..... (middle) ..... (last), .....(birth 
        date), ..... (city and state of birth), ...... (sex), 
        ..... (race).
    Adopted or surrendered person's date of death:

My relationship to the deceased adopted or surrendered 
person(check one): (adoptive mother) (adoptive father) (adult 
child) (surviving spouse).

If you are an adult child or surviving spouse of the adopted or 
surrendered person, provide name(s) at birth and age(s) of the 
children of the adopted or surrendered person. If the adopted 
or surrendered person had more than one child, please give 
information requested below on reverse side of this form.
    Name (first) ..... (middle) ..... (last), .....(birth 
        date), ..... (city and state of birth), ...... (sex), 
        ..... (race).
    Name(s) of common parent(s) (first) ..... (middle) ..... 
        (last), .....(race), (first) ..... (middle) ..... 
        (last), .....(race).

    My child/parent/deceased spouse was surrendered for 
    adoption to .....(name of agency) City and state of agency 
    ..... Date ..... (approximate) Other identifying 
    information ..... (Please note that you must: (i) be at 
    least 21 years of age to register; (ii) submit with your 
    registration a certified copy of the adopted or surrendered 
    person's death certificate; (iii) if you are the child of a 
    deceased adopted or surrendered person, also submit a 
    certified copy of your birth certificate with this 
    registration; and (iv) if you are the surviving wife or 
    husband of a deceased adopted or surrendered person, also 
    submit a copy of your marriage certificate with this 
    registration. No application from a surviving relative of a 
    deceased adopted or surrendered person can be accepted if 
    the adopted or surrendered person filed a Denial of 
    Information Exchange prior to his or her death.)

................................

(signature of adopted or surrendered person's surviving

        relative)

 
............                                     ............
(date)               (printed name of adopted

                                                             person's surviving relative)
 

    (d) The form of the Information Exchange Authorization 
shall be
substantially
as follows:

INFORMATION EXCHANGE AUTHORIZATION


    I, ....., state that I am the person who completed the 
Registration
Identification; that I am of the age of ..... 
years; that I hereby
authorize the Department of Public Health 
to give to the following person(s)
 (birth mother
)
(birth 
father) (birth sibling) (adopted or surrendered person
) 
(adoptive mother) (adoptive father) (legal guardian of an 
adopted or surrendered person) (birth aunt) (birth uncle) 
(adult child of a deceased adopted or surrendered person) 
(surviving spouse of a deceased adopted or surrendered person) 
(all eligible relatives) the following
(please check the

information
authorized for exchange):


        [  ]  1. Only my name and last known address.


        [  ]  2. A copy of my Illinois Adoption Registry 
    Application.


        [  ]  3. A non-certified copy of the adopted or 
    surrendered person's original certificate of live birth 
    (check only if you are an adopted or surrendered person or 
    the surviving adult child or surviving spouse of a deceased 
    adopted or surrendered person).

        [  ]  4. A copy of my completed medical questionnaire.

    I am fully aware that I can only be supplied with

information about an individual or individuals who have
 duly

executed an Information Exchange Authorization that
 has
not 
been revoked or, if I am an adopted or surrendered person, from 
a birth parent who completed a Birth Parent Preference Form and 
did not prohibit the release of his or her identity to me; that 
I can be contacted by writing to: ..... (own name or
name of 
person to contact) (address) (phone number).

NOTE: New IARMIE registrants who do not complete a Medical 
Information Exchange Questionnaire and release a copy of their 
questionnaire to at least one Registry applicant must pay a $15 
registration fee. 
    Dated (insert date).

                                                             ..............
                                               (signature)

 

    (e) The form of the Denial of Information Exchange shall be

substantially as follows:

DENIAL OF INFORMATION EXCHANGE


    I, ....., state that I am the person who completed the 
Registration
Identification; that I am of the age of ..... 
years; that I hereby
instruct the Department of Public Health 
not to give any identifying
information about me to the 
following person(s)
 (birth mother) (birth father) (birth 
sibling)(adopted or surrendered person)(adoptive mother) 
(adoptive father)(legal guardian of an adopted or surrendered 
person)(birth aunt)(birth uncle)(adult child of a deceased 
adopted or surrendered person) (surviving spouse of a deceased 
adopted or surrendered person) (all eligible relatives).
IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER 
JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH 
PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH 
CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH 
PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING 
INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT 
ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT 
PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A 
BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH 
OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING 
INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN 
ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT 
CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED 
PERSON. 

    I do/do not (circle appropriate response) authorize the 
Registry to release a copy of my completed Medical Information 
Exchange Questionnaire to qualified Registry applicants.
NOTE: 
New IARMIE registrants who do not complete a Medical 
Information Exchange Questionnaire and release a copy of their 
questionnaire to at least one Registry applicant must pay a $15 
registration fee.
Birth parents filing a Denial of Information 
Exchange are advised that, under Illinois law, an adult adopted 
person may initiate a search for a birth parent who has filed a 
Denial of Information Exchange or Birth Parent Preference Form 
on which Option E was selected through the State confidential 
intermediary program once 5 years have elapsed since the filing 
of the Denial of Information Exchange or Birth Parent 
Preference Form.

    Dated (insert date).

                                                             ...............        
                                      (signature)

 
    (f) The form of the Birth Parent Preference Form shall be 
substantially as follows:
    In recognition of the basic right of all persons to access 
their birth records, Illinois law now provides for the release 
of original birth certificates to adopted and surrendered 
persons 21 years of age or older upon request. While many birth 
parents are comfortable sharing their identities or initiating 
contact with their birth sons and daughters once they have 
reached adulthood, Illinois law also recognizes that there may 
be unique situations where a birth parent might have a 
compelling reason for not wishing to establish contact with a 
birth son or birth daughter or for not wishing to release 
identifying information that appears on the original birth 
certificate of a birth son or birth daughter who has reached 
adulthood. The Illinois Adoption Registry and Medical 
Information Exchange (IARMIE) has therefore established the 
attached this form to allow birth parents whose birth son or 
daughter was born on or after January 1, 1946, to express their 
preferences wishes regarding contact; and, if their birth child 
was born on or after January 1, 1946, to express their wishes 
regarding the sharing of identifying information listed on the 
original birth certificate with an adult adopted or surrendered  
person who has reached the age of 21 or his or her surviving 
relatives.
    In selecting one of the 5 options below, birth parents 
should keep in mind that the decision to deny an adult adopted 
or surrendered person access to identifying information on his 
or her original birth record and/or information about 
genetically-transmitted diseases is an important decision one 
that may can impact the adopted or surrendered person's life in 
many ways. A request for anonymity on this form only pertains 
to information that is provided to an adult adopted or 
surrendered person or his or her surviving relatives through 
the Registry. This will   and does not prevent the disclosure of 
identifying information that may be available to the adoptee 
through his or her adoptive parents and/or other means 
available to him or her. Birth parents who would prefer not to 
be contacted by their surrendered son or daughter are strongly 
urged to complete both the Non-Identifying Information Section 
included on the final page of the attached form this document 
and the Medical Questionnaire in order to provide their 
surrendered son or daughter with the background information he 
or she their surrendered son or daughter may need to better 
understand himself or herself and his or her origins. Birth 
parents whose birth son or birth daughter is under 21 years of 
age at the time of the completion of this form are reminded 
that no original birth certificate will be released by the 
IARMIE before an adoptee has reached the age of 21. 
Furthermore, birth parents whose surrendered son or daughter is 
under 21 years of age at the time of completion of this form 
are reminded that, since   no original birth certificates are 
released by the IARMIE before an adoptee has reached the age of 
21, and birth parents are encouraged to take as much time as 
they need to weigh the options available to them before 
completing this form. Should you need additional assistance in 
completing this form, please contact the agency that handled 
the adoption, if applicable, or the Illinois Adoption Registry 
and Medical Information Exchange at 877-323-5299 217-557-5159.
    After careful consideration, I, (insert your name) ......, 
have made the following decision regarding contact with my 
birth son/birth daughter, (insert birth son's/birth daughter's 
name at birth, if applicable) ......,  who was born in (insert 
city/town of birth) ...... on (insert date of birth)......  and 
the release of my identifying information as it appears on 
his/her original birth certificate when he/she reaches the age 
of 21, and I have chosen Option ...... (insert A, B, C, D, or E, 
as applicable). I realize that this form must be accompanied by 
a completed IARMIE application form as well as a Medical 
Information Exchange Questionnaire or the $15 registration 
fee. I am also aware that I may revoke this decision at any 
time by completing a new Birth Parent Preference Form and 
filing it with the IARMIE. I understand that it is my 
responsibility to update the IARMIE with any changes to contact 
information provided below.  I also understand that, while 
preferences regarding the release of identifying information 
through the Registry are binding unless the law should change 
in the future, any selection I have made regarding my preferred 
method of contact is not.
.................................... 
(Signature/Date) 
 
(Please insert your signature and today's date above, as well 
as under your chosen option, A, B, C, D, or E below.) 
 
Option A. My birth son or birth daughter was born on or after 
January 1, 1946, and I agree to the release of my identifying 
information as it appears on my birth son's/birth daughter's 
original birth certificate, OR my birth son or birth daughter 
was born prior to January 1, 1946. I would welcome direct 
contact with my birth son/birth daughter when he or she has 
reached the age of 21.  In addition, before my birth son or 
birth daughter has reached the age of 21 or in the event of his 
or her death, I would welcome contact with the following 
relatives of my birth child (circle all that apply): adoptive 
mother, adoptive father, surviving spouse, surviving adult 
child. and I wish to be contacted at the following mailing 
address, email address or phone number: 
..................... 
............................................................. 
............................................................. 
............................................................. 
(Signature/Date) 
 
Option B. My birth son or birth daughter was born on or after 
January 1, 1946, and I agree to the release of my identifying 
information as it appears on my birth son's/birth daughter's 
original birth certificate, OR my birth son or birth daughter 
was born prior to January 1, 1946. I would welcome contact with 
my birth son/birth daughter when he or she has reached the age 
of 21.  In addition, before my birth son or birth daughter has 
reached the age of 21 or in the event of his or her death, I 
would welcome contact with the following relatives of my birth 
child (circle all that apply): adoptive mother, adoptive 
father, surviving spouse, surviving adult child. , but I would 
prefer to be contacted through the following person. (Insert 
name and mailing address, email address or phone number of 
chosen contact person.) 
..................................... 
............................................................. 
(Signature/Date) 
 
Option C. My birth son or birth daughter was born on or after 
January 1, 1946, and I agree to the release of my identifying 
information name as it appears on my birth son's/birth 
daughter's original birth certificate, OR my birth son or birth 
daughter was born prior to January 1, 1946. I would welcome 
contact with my birth son/birth daughter when he or she has 
reached the age of 21. In addition, before my birth son or 
birth daughter has reached the age of 21 or in the event of his 
or her death, I would welcome contact with the following 
relatives of my birth child (circle all that apply): adoptive 
mother, adoptive father, surviving spouse, surviving adult 
child. , but I would prefer to be contacted through the Illinois 
Confidential Intermediary Program confidential intermediary 
program (please call 800-526-9022 for additional information) 
or through the agency that handled the adoption. (Insert agency 
name, address and phone number, if applicable.) 
............. 
............................................................. 
(Signature/Date) 
 
Option D. My birth son or birth daughter was born on or after 
January 1, 1946, and I agree to the release of my identifying 
information name as it appears on my birth son's/birth 
daughter's original birth certificate when he or she has 
reached the age of 21, OR my birth son or birth daughter was 
born prior to January 1, 1946. but I would prefer not to be 
contacted by my birth son/birth daughter or his or her adoptive 
parents or surviving relatives when he or she has reached the 
age of 21. 
................... 
(Signature/Date) 
 
Option E. My birth son or birth daughter was born on or after 
January 1, 1946, and I wish to prohibit the release of my 
(circle ALL applicable options) first name, last name, last 
known address, birth son/birth daughter's last name (if last 
name listed is same as mine), as they appear on my birth 
son's/birth daughter's original birth certificate and do not 
wish to be contacted by my birth son/birth daughter when he or 
she has reached the age of 21. If there were any special 
circumstances that played a role in your decision to remain 
anonymous which you would like to share with your birth 
son/birth daughter, please list them in the space provided 
below (optional). 
........................................... 
............................................................. 
I understand that, although I have chosen to prohibit the 
release of my identity on the non-certified copy of the 
original birth certificate released to my birth son/birth 
daughter, he or she may request that a court-appointed 
confidential intermediary contact me to request updated 
medical information and/or confirm my desire to remain 
anonymous once 5 years have elapsed since the signing of this 
form; at the time of this subsequent search, I wish to be 
contacted through the person named below. (Insert in blank area 
below the name and phone number of the contact person, or leave 
it blank if you wish to be contacted directly.) I also 
understand that this request for anonymity shall expire upon my 
death. 
...................................................... 
............................................................. 
(Signature/Date) 
 
NOTE: A copy of this form will be forwarded to your birth son 
or birth daughter should he or she file a request for his or 
her original birth certificate with the IARMIE. However, if you 
have selected Option E, identifying information, per your 
specifications above, will be deleted from the copy of this 
form forwarded to your birth son or daughter during your 
lifetime. In the event that an adopted or surrendered person is 
deceased, his or her surviving adult children may request a 
copy of the adopted or surrendered person's original birth 
certificate providing they have registered with the IARMIE; the 
copy of this form and the non-certified copy of the original 
birth certificate forwarded to the surviving child of the 
adopted or surrendered person shall be redacted per your 
specifications on this form during your lifetime. 
Non-Identifying Information Section 




I wish to voluntarily provide the following non-identifying 
information to my birth son or birth daughter surrendered son 
or daughter:




My age at the time of my child's birth was .........




My race is best described as: ..........................
My height is: .........
My body type is best described as (circle one): slim, average, 
muscular, a few extra pounds, or more than a few extra pounds.




My natural hair color is/was: ..................
My eye color is: ..................
My religion is best described as: ..................




My ethnic background is best described as: ..................






My educational level is closest to (circle applicable 
response): completed elementary school, graduated from 
high school, attended college, earned bachelor's degree, 
earned master's degree, earned doctoral degree.




My occupation is best described as ..................
My hobbies include ..................
My interests include ..................
My talents include ..................
In addition to my surrendered son or daughter, I also 
am the biological parent of (insert number) ....... boys and 
(insert number) ....... girls, of whom (insert number) ....... 
are still living.




The relationship between me and my child's birth mother/birth 
father would best be described as (circle appropriate 
response): husband and wife, ex-spouses, boyfriend and 
girlfriend, casual acquaintances, other (please specify) 
..............
    (g) The form of the Request for a Non-Certified Copy of an 
Original Birth Certificate shall be substantially as follows: 
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH 
CERTIFICATE 
    I, (requesting party's full name) ....., hereby request a 
non-certified copy of (check appropriate option)  ..... my 
original birth certificate .....  the original birth 
certificate of my deceased adopted or surrendered parent ..... 
the original birth certificate of my deceased adopted or 
surrendered spouse (insert deceased parent's/deceased spouse's 
name at adoption) ...... I/my deceased parent/my deceased 
spouse  was born in (insert city and county of adopted or 
surrendered person's birth)        ..... on       ..... (insert adopted or 
surrendered person's date of birth). In the event that one or 
both of my/my deceased parent's/my deceased spouse's birth 
parents has requested that their identity not be released to 
me/to my deceased parent/to my deceased spouse, I wish to 
(check appropriate option) .....  a. receive a non-certified 
copy of the original birth certificate from which identifying 
information pertaining to the birth parent who requested 
anonymity has been deleted; or  ..... b. I do not wish to 
received an altered copy of  the original birth certificate. 
    Dated (insert date). 
        ................... 
(signature)
     
 

 

    (h) Any  Information Exchange Authorization,  Denial of 
Information
Exchange, or Birth Parent Preference Form filed 
with the Registry, or Request for a Non-Certified Copy of an 
Original Birth Certificate filed with the Registry by a 
surviving adult child or surviving spouse of a deceased adopted 
or surrendered person, shall be acknowledged by the person who 
filed it  before a notary
public, in form
substantially as 
follows:

State of ..............

County of .............

    I, a Notary Public, in and for the said County, in the 
State aforesaid,
do hereby certify that ............... 
personally known to me to be the
same person whose name is 
subscribed to the foregoing certificate of
acknowledgement, 
appeared before me in person and acknowledged that (he or
she) 
signed such certificate as (his or her) free and voluntary act 
and
that the statements in such certificate are true.

    Given under my hand and notarial seal on (insert date).

.........................


(signature)
     

 

    (i)  When the execution of an Information Exchange

Authorization,  Denial of Information Exchange, or Birth  Parent 
Preference Form or Request for a Non-Certified Copy of an 
Original Birth Certificate completed by a surviving adult child 
or surviving spouse of a deceased adopted or surrendered person 
is acknowledged before a
representative of an agency, such 
representative shall have his signature
on said Certificate 
acknowledged before a notary public, in form substantially
as 
follows:

State of..........

County of.........

    I, a Notary Public, in and for the said County, in the 
State aforesaid,
do hereby certify that ..... personally known 
to me to be the same person
whose name is subscribed to the 
foregoing certificate of acknowledgement,
appeared before me 
in person and acknowledged that (he or she) signed such

certificate as (his or her) free and voluntary act and that the 
statements
in such certificate are true.

    Given under my hand and notarial seal on (insert date).

.......................


(signature)
   

 

    (j)  When an Illinois Adoption Registry Application,

Information
Exchange Authorization,  Denial of
Information 
Exchange, Birth Parent Preference Form, or Request for a 
Non-Certified Copy of an Original Birth Certificate completed 
by a surviving adult child or surviving spouse of a deceased 
adopted or surrendered person is executed in a foreign country, 
the
execution of such
document shall be acknowledged or 
affirmed before an officer of the United
States consular 
services.

    (k)  If the person signing an Information Exchange

Authorization,  Denial of Information, Birth Parent Preference 
Form, or Request for a Non-Certified Copy of an Original Birth 
Certificate completed by a surviving adult child or surviving 
spouse of a deceased adopted or surrendered person is in the 
military service of the
United States, the execution of such 
document may be acknowledged before a
commissioned officer and 
the signature of such officer on such certificate
shall be 
verified or acknowledged before a notary public or by such 
other
procedure as is then in effect for such division or 
branch of the armed forces.

    (l) An adopted or surrendered person who completes a 
Request For a Non-Certified Copy of the Original Birth 
Certificate shall meet the same filing requirements and pay the 
same filing fees as a non-adopted person seeking to obtain a 
copy of his or her original birth certificate. 

(Source: P.A. 96-895, eff. 5-21-10.)

 



    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)



    Sec. 18.3a. Confidential intermediary. 

    (a) General purposes.
Notwithstanding any other provision 
of
this Act, any
adopted or surrendered person 21 years of age 
or over, any adoptive parent or legal guardian
of
an adopted or 
surrendered person under the age of 21, or any birth parent of 
an adopted
or surrendered person who is 21 years of age or over 
may petition the court in any county in
the
State of Illinois 
for appointment of a confidential intermediary as provided in

this Section for the purpose of exchanging medical information 
with one or
more mutually consenting biological relatives, 
obtaining identifying
information about one or more mutually 
consenting biological relatives, or
arranging contact with one 
or more mutually consenting biological relatives.

Additionally, in cases where an adopted or surrendered person 
is deceased,
an adult child of the adopted
or surrendered 
person or his or her adoptive parents or surviving spouse may 
file a petition under this Section and in cases
where the birth 
parent is deceased,
 an adult birth sibling of the adopted or 
surrendered person or of the deceased birth parent
may
file a 
petition under this Section for the purpose of exchanging 
medical
information with one or more mutually consenting 
biological relatives of the adopted or surrendered person,

obtaining identifying information about one or more mutually 
consenting
biological relatives of the adopted or surrendered 
person, or arranging contact with one or more mutually

consenting biological relatives of the adopted or surrendered 
person. Beginning January 1, 2006, any adopted or surrendered 
person 21 years of age or over; any adoptive parent or legal 
guardian of an adopted or surrendered person under the age of 
21; any birth parent, birth sibling, birth aunt, or birth uncle 
of an adopted or surrendered person over the age of 21; any 
surviving child, adoptive parent, or surviving spouse of a 
deceased adopted or surrendered person who wishes to petition 
the court for the appointment of a confidential intermediary 
shall be required to accompany their petition with proof of 
registration with the Illinois Adoption Registry and Medical 
Information Exchange.

    (b) Petition. Upon petition by an adopted or surrendered

person 21 years of age or over (an "adult adopted or 
surrendered person"), an
adoptive parent or legal guardian of 
an adopted or surrendered person under the age of 21,
or a 
birth parent of an adopted or surrendered person who is 21 
years of age or over, the
court
shall appoint a confidential 
intermediary.  Upon petition by
an adult child, adoptive parent 
or surviving spouse of an adopted or surrendered person who is 
deceased, by an adult birth sibling of an adopted or 
surrendered person
whose common birth parent is deceased
and 
whose adopted or surrendered birth sibling is 21 years of age 
or over, or by an adult sibling of a birth parent who is 
deceased,
and whose surrendered child is 21 years of age or 
over, the court may appoint a confidential
intermediary if the 
court finds that the disclosure is of greater benefit than

nondisclosure.
The petition shall state which biological 
relative
or
relatives are being sought and shall indicate if 
the petitioner wants to do any
one or more of the following: 
exchange medical information with the
biological relative or 
relatives, obtain identifying information from the
biological 
relative or relatives, or to arrange contact with the 
biological
relative.

    (c) Order. The order appointing the confidential 
intermediary shall allow
that
intermediary to conduct a search 
for the sought-after relative by accessing
those records 
described in subsection (g) of this Section.

    (d) Fees and expenses. The court shall condition the 
appointment of the
confidential intermediary on the 
petitioner's payment of the intermediary's
fees and expenses in 
advance of the commencement of the work of the
confidential 
intermediary. However, no fee shall be charged if the  
petitioner is an  adult  adopted or surrendered  person and the 
sought-after relative is a birth parent who filed a Denial with 
the Registry prior to January 1, 2011, or filed a Birth Parent 
Preference Form on which Option E was selected after January 1, 
2011 and more than 5 years have transpired since the birth 
parent filed the Denial of Information Exchange or Birth Parent 
Preference Form on which Option E was selected.

    (e) Eligibility of intermediary. The court may appoint as 
confidential
intermediary any
person certified by the 
Department of Children and Family Services as qualified to 
serve as a confidential
intermediary.
Certification shall be 
dependent upon the
confidential intermediary completing a 
course of training including, but not
limited to, applicable 
federal and State privacy laws.

    (f) Confidential Intermediary Council. There shall be 
established under the
Department of Children and Family

Services a Confidential Intermediary Advisory Council.  One 
member shall be an
attorney representing the Attorney General's 
Office appointed by the Attorney
General.  One member shall be a 
currently certified confidential intermediary
appointed by the 
Director of the Department of Children and Family Services.
The 
Director shall also appoint 5 additional members.  When making 
those
appointments, the Director shall consider advocates for 
adopted persons,
adoptive parents, birth parents, lawyers who 
represent clients in private
adoptions, lawyers specializing 
in privacy law, and representatives of agencies
involved in 
adoptions.  The Director shall appoint one of the 7 members as

the chairperson.  An attorney from the Department of Children 
and Family
Services
and the person directly responsible for 
administering the confidential
intermediary program shall 
serve as ex-officio, non-voting advisors to the
Council.  
Council members shall serve at the discretion of the Director 
and
shall receive no compensation other than reasonable 
expenses approved by the
Director.  The Council shall meet no 
less than twice yearly and shall meet at least once yearly  with 
the Registry Advisory Council, and shall make
recommendations 
to the Director regarding the development of rules, procedures,

and forms that will ensure efficient and effective operation of 
the
confidential intermediary process, including:


        (1) Standards for certification for confidential 
    intermediaries.


        (2) Oversight of methods used to verify that 
    intermediaries are complying
with the appropriate laws.


        (3) Training for confidential intermediaries, 
    including training with
respect to federal and State 
    privacy laws.


        (4) The relationship between confidential 
    intermediaries and the court
system, including the 
    development of sample orders defining the scope of the

    intermediaries' access to information.


        (5) Any recent violations of policy or procedures by 
    confidential
intermediaries and remedial steps, including 
    decertification, to prevent future
violations.

    (g)  Access. Subject to the limitations of subsection (i) 
of this
Section, the
confidential
intermediary shall have 
access to vital records or a comparable public entity that 
maintains vital records in another state in accordance with 
that state's laws, maintained by the Department of
Public 
Health and its local designees for the maintenance of vital 
records or a comparable public entity that maintains vital 
records in another state in accordance with that state's laws 
and
all records of the court or any adoption agency,
public
or 
private, as limited in this Section, which relate to the 
adoption or the identity and location of an
adopted or 
surrendered person, of an adult child or surviving spouse of a 
deceased adopted or surrendered person, or of a birth
parent, 
birth sibling, or the sibling of a deceased birth parent.  The

confidential intermediary shall not have access to any personal 
health
information protected by the Standards for Privacy of 
Individually
Identifiable Health Information adopted by the 
U.S. Department of Health and
Human Services under the Health 
Insurance Portability and Accountability Act of
1996 unless the 
confidential intermediary has obtained written consent from 
the
person whose information is being sought by an adult 
adopted or surrendered person or, if that person is a minor 
child,
that person's parent or guardian.  Confidential

intermediaries shall be authorized to inspect confidential 
relinquishment and
adoption records.  The confidential 
intermediary shall not be authorized to
access medical
records, 
financial records, credit records, banking records, home 
studies,
attorney file records, or other personal records.
In 
cases where a birth parent is being sought, an adoption agency 
shall inform
the confidential intermediary of any statement 
filed pursuant to Section 18.3, hereinafter referred to as "the 
18.3 statement",
indicating a desire of the surrendering birth 
parent to have identifying
information shared or to not have 
identifying information shared.  If there was
a clear statement 
of intent by the sought-after birth parent not to have

identifying information shared, the confidential intermediary 
shall discontinue
the search and inform the petitioning party 
of the sought-after relative's
intent unless the birth parent 
filed the 18.3 statement prior to the effective date of this 
amendatory Act of the 96th General Assembly and more than 5 
years have elapsed since the filing of the 18.3 statement. If 
the adult adopted or surrendered person is the subject of an 
18.3 statement indicating a desire not to establish contact 
which was filed more than 5 years prior to the search request, 
the confidential intermediary shall confirm the petitioner's 
desire to continue the search. Information
provided to the 
confidential intermediary by an adoption agency shall be

restricted to the full name, date of birth, place of birth, 
last known address,
 last known telephone number of the 
sought-after relative or, if applicable,
of the children or 
siblings of the sought-after relative, and the 18.3 statement.

    (h) Adoption agency disclosure of medical information. If 
the petitioner is
an adult adopted or surrendered person or the 
adoptive parent of a
minor and if the petitioner has signed a 
written authorization to disclose
personal medical 
information, an adoption agency disclosing information to a

confidential intermediary shall disclose available medical 
information about
the adopted or surrendered person from birth 
through adoption.

    (i) Duties of confidential intermediary in conducting a 
search. In
conducting
a search under this Section, the 
confidential intermediary shall first confirm
that there is no 
Denial of Information Exchange on file with the Illinois

Adoption Registry. If the petitioner is an adult child of an 
adopted or surrendered person
who is deceased, the
confidential 
intermediary shall additionally confirm that the adopted or 
surrendered person
did not file a Denial of Information 
Exchange or a Birth Parent Preference Form with Option E 
selected with the Illinois Adoption
Registry during his or her 
life. If there is a Denial on file with the Registry, the 
confidential intermediary must discontinue the search unless 
the petitioner is an adult adopted or surrendered person and 
the sought-after birth relative filed the Denial 5 years or 
more prior to the search or the birth parent has not been the 
object of a search through the State confidential intermediary 
program for 10 or more years. If the petitioner is an adult 
adopted or surrendered person and there is a Birth Parent 
Preference Form on file with the Registry and the birth parent 
who completed the form selected Option E, the confidential 
intermediary must discontinue the search unless 5 years or more 
have elapsed since the filing of the Birth Parent Preference 
Form. If the petitioner is an adult birth sibling of
an
adopted

or surrendered person or an adult sibling of a birth parent who 
is deceased,
the confidential intermediary shall
additionally 
confirm that the birth parent did not file a Denial of 
Information
Exchange or a Birth Parent Preference Form with 
Option E selected with the Registry during his or her life.  If 
the confidential
intermediary learns that a sought-after birth 
parent signed an 18.3 statement
indicating his or her intent 
not to have identifying information shared, and
did not later 
file an Information Exchange Authorization or a Birth Parent 
Preference Form with the
Registry, the confidential 
intermediary shall discontinue the search and inform
the 
petitioning party of the birth parent's intent, unless the 
petitioner is an adult adopted or surrendered person and 5 
years or more have elapsed since the birth parent signed the 
statement indicating his or her intent not to have identifying 
information shared. In cases where the birth parent filed a 
Denial of Information Exchange or Birth Parent Preference Form 
where Option E was selected, or statement indicating his or her 
intent not to have identifying information shared less than 5 
years prior to the search request and the petitioner is an 
adult adopted or surrendered person, the confidential 
intermediary shall inform the petitioner of the need to 
discontinue the search until 5 years have elapsed since the 
Denial of Information Exchange or Birth Parent Preference Form 
where Option E was selected, or statement


was filed; in cases 
where a birth parent was previously the subject of a search 
through the State confidential intermediary program, the 
confidential intermediary shall inform the petitioner of the 
need to discontinue the search until 10 years or more have 
elapsed since the initial search was closed. In cases where a 
birth parent has been the object of 2 searches through the 
State confidential intermediary program, no subsequent search 
for the birth parent shall be authorized absent a court order 
to the contrary.

    In conducting a search under this Section, the confidential 
intermediary
shall attempt to locate the relative or relatives 
from whom the petitioner has
requested information. If the 
sought-after relative is deceased
or cannot be located after a 
diligent search, the
confidential intermediary may contact 
other adult relatives of the
sought-after relative.

    The confidential intermediary shall contact a sought-after 
relative on
behalf of the petitioner in a manner that respects 
the sought-after relative's
privacy and shall inform the 
sought-after relative of the petitioner's request
for medical 
information, identifying information or contact as stated in 
the
petition. Based upon the terms of the petitioner's request, 
the confidential
intermediary shall contact a sought-after 
relative on behalf of the petitioner
and inform the 
sought-after relative of the following options:


        (1) The sought-after relative may totally reject one or 
    all of the
requests for medical information, identifying 
    information or
contact. The sought-after relative shall be 
    informed that they can
provide a medical questionnaire to 
    be forwarded to the petitioner
without releasing any 
    identifying information. The confidential
intermediary 
    shall inform the petitioner of the sought-after
relative's 
    decision to reject the sharing of information or contact.


        (2) The sought-after relative may consent to 
    completing a medical
questionnaire only. In this case, the 
    confidential intermediary
shall provide the questionnaire 
    and ask the sought-after relative to
complete it. The 
    confidential intermediary shall forward the
completed 
    questionnaire to the petitioner and inform the petitioner

    of the sought-after relative's desire to not provide any 
    additional
information.


        (3) The sought-after relative may communicate with the 
    petitioner
without having his or her identity disclosed. In 
    this case, the
confidential intermediary shall arrange the 
    desired communication
in a manner that protects the 
    identity of the sought-after relative.
The confidential 
    intermediary shall inform the petitioner of the

    sought-after relative's decision to communicate but not 
    disclose
his or her identity.


        (4) The sought-after sought after relative may consent 
    to initiate contact with the
petitioner. If both the 
    petitioner and the sought-after relative or
relatives are 
    eligible to register with the Illinois Adoption Registry,

    the confidential intermediary shall provide the necessary

    application forms and request that the sought-after 
    relative
register with the Illinois Adoption Registry. If 
    either the petitioner
or the sought-after relative or 
    relatives are ineligible to register
with the Illinois 
    Adoption Registry, the confidential intermediary
shall 
    obtain written consents from both parties that they wish to

    disclose their identities to each other and to have contact 
    with
each other.

    (j) Oath. The confidential intermediary shall sign an oath 
of
confidentiality substantially as follows: "I, .........., 
being duly sworn, on
oath depose and say: As a condition of 
appointment as a confidential
intermediary, I affirm that:


        (1) I will not disclose to the petitioner,
directly or 
    indirectly, any confidential information
except in a 
    manner consistent with the
law.


        (2) I recognize that violation of this oath subjects me 
    to civil liability
and to a potential finding of contempt 
    of court.
................................

SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert

date)

................................."

    (k) Sanctions.


        (1) Any confidential intermediary who improperly 
    discloses
confidential information identifying a 
    sought-after relative shall be liable to
the sought-after 
    relative for damages and may also be found in contempt of

    court.


        (2) Any person who learns a sought-after
relative's 
    identity, directly or indirectly, through the use of 
    procedures
provided in this Section and who improperly 
    discloses information identifying
the sought-after 
    relative shall be liable to the sought-after relative for

    actual damages plus minimum punitive damages of $10,000.


        (3) The Department shall fine any confidential 
    intermediary who improperly
discloses
confidential 
    information in violation of item (1) or (2) of this 
    subsection (k)
an amount up to $2,000 per improper 
    disclosure.  This fine does not affect
civil liability under 
    item (2) of this subsection (k).  The Department shall

    deposit all fines and penalties collected under this 
    Section into the Illinois
Adoption Registry and Medical 
    Information Fund.

    (l) Death of person being sought. Notwithstanding any other 
provision
of this Act, if the confidential intermediary 
discovers that the person
being sought has died, he or she 
shall report this fact to the court,
along with a copy of the 
death certificate. If the sought-after relative is a birth 
parent, the confidential intermediary shall also forward a copy 
of the birth parent's death certificate, if available, to the 
Registry for inclusion in the Registry file.

    (m) Any confidential information obtained by the 
confidential intermediary
during the course of his or her 
search shall be kept strictly confidential
and shall be used 
for the purpose of arranging contact between the
petitioner and 
the sought-after birth relative. At the time the case is

closed, all identifying information shall be returned to the 
court for
inclusion in the impounded adoption file.

    (n) If the petitioner is an adopted or surrendered person 
21 years of age or over or the
adoptive parent or legal 
guardian of an adopted or surrendered person under the age
of 
21, any
non-identifying information, as defined in Section 
18.4, that is
ascertained during the course of the search may 
be given in writing to
the petitioner at any time during the 
search before the case is closed.

    (o) Except as provided in subsection (k) of this Section, 
no liability shall
accrue to
the State, any State agency, any 
judge, any officer or employee of the
court, any certified 
confidential intermediary, or any agency designated
to oversee 
confidential intermediary services for acts, omissions, or

efforts made in good faith within the scope of this Section.

    (p) An adoption agency that has received a request from a 
confidential intermediary for the full name, date of birth, 
last known address, or last known telephone number of a 
sought-after relative pursuant to subsection (g) of Section 
18.3a, or for medical information regarding a sought-after 
relative pursuant to subsection (h) of Section 18.3a, must 
satisfactorily comply with this court order  within a period of 
45 days. The court shall order the adoption agency to reimburse 
the petitioner in an amount equal to all payments made by the 
petitioner to the confidential intermediary, and the adoption 
agency shall be subject to a civil monetary penalty of $1,000 
to be paid to the Department of Children and Family Services. 
Following the issuance of a court order finding that the 
adoption agency has not complied with Section 18.3, the 
adoption agency shall be subject to a monetary penalty of $500 
per day for each subsequent day of non-compliance. Proceeds 
from such fines shall be utilized by the Department of Children 
and Family Services to subsidize the fees of petitioners as 
referenced in subsection (d) of this Section.
    (q) Provide information to eligible petitioner. The 
confidential intermediary may provide to eligible petitioners 
as described in subsections (a) and (b) of this Section, the 
name of the child welfare agency which had legal custody of the 
surrendered person or responsibility for placing the 
surrendered person and any available contact information for 
such agency.  In addition, the confidential intermediary may 
provide to such petitioners the name of the state in which the 
surrender occurred or in which the adoption was finalized. 
    Any reimbursements and fines, notwithstanding any 
reimbursement directly to the petitioner, paid under this 
subsection are in addition to other remedies a court may 
otherwise impose by law.
    The Department of Children and Family Services shall submit 
reports to the Confidential Intermediary Advisory Council by 
July 1 and January 1 of each year in order to report the 
penalties assessed and collected under this subsection, the 
amounts of related deposits into the DCFS Children's Services 
Fund, and any expenditures from such deposits.

(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)

 



    (750 ILCS 50/18.6)  (from Ch. 40, par. 1522.6)



    Sec. 18.6. Registry fees. The Department of Public Health 
shall levy a
fee for each
registrant under Sections 18.05 
through 18.5.
A $15 fee shall be charged for registering with 
the Illinois Adoption
Registry and Medical Information 
Exchange.  However, this fee shall be
waived for all adopted or 
surrendered persons, surviving children and spouses of 
deceased adopted persons, adoptive parents,
legal guardians, 
birth parents, birth aunts, birth uncles, and
birth siblings 
who complete a Medical Information Exchange Questionnaire at 
the
time of registration and authorize its release to specified 
registered parties,
and for adoptive parents
registering 
within 12 months of the finalization of the
adoption.  All 
persons who were registered with the Illinois Adoption Registry

prior to the effective date of this amendatory Act of 1999
and 
who wish to
update their registration may do so without charge.

No charge of any
kind shall be made for the withdrawal of any 
form provided in Section 18.2.

(Source: P.A. 96-895, eff. 5-21-10.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.