093_HB2136sam002
LRB093 07705 LCB 14962 a
1 AMENDMENT TO HOUSE BILL 2136
2 AMENDMENT NO. . Amend House Bill 2136 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Adoption Act is amended by changing
5 Sections 18.2, 18.3a, and 18.4 as follows:
6 (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
7 Sec. 18.2. Forms.
8 (a) The form of the Birth Parent Registration
9 Identification Form shall be substantially as follows:
10 BIRTH PARENT REGISTRATION IDENTIFICATION
11 (Insert all known information)
12 I, ....., state that I am the ...... (mother or father) of
13 the following child:
14 Child's original name: ..... (first) ..... (middle) .....
15 (last), ..... (hour of birth), ..... (date of
16 birth), ..... (city and state of birth), ..... (name
17 of hospital).
18 Father's full name: ...... (first) ...... (middle) .....
19 (last), ..... (date of birth), ..... (city and state
20 of birth).
21 Name of mother inserted on birth certificate: .....
22 (first) ..... (middle) ..... (last), ..... (race),
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1 ..... (date of birth), ...... (city and state of
2 birth).
3 That I surrendered my child to: ............. (name of
4 agency), ..... (city and state of agency), .....
5 (approximate date child surrendered).
6 That I placed my child by private adoption: ..... (date),
7 ...... (city and state).
8 Name of adoptive parents, if known: ......
9 Other identifying information: .....
10 ........................
11 (Signature of parent)
12 ............ ........................
13 (date) (printed name of parent)
14 (b) The form of the Adopted Person Registration
15 Identification shall be substantially as follows:
16 ADOPTED PERSON
17 REGISTRATION IDENTIFICATION
18 (Insert all known information)
19 I, ....., state the following:
20 Adopted Person's present name: ..... (first) .....
21 (middle) ..... (last).
22 Adopted Person's name at birth (if known): ..... (first)
23 ..... (middle) ..... (last), ..... (birth date),
24 ..... (city and state of birth), ...... (sex), .....
25 (race).
26 Name of adoptive father: ..... (first) ..... (middle)
27 ..... (last), ..... (race).
28 Maiden name of adoptive mother: ..... (first) .....
29 (middle) ..... (last), ..... (race).
30 Name of birth mother (if known): ..... (first) .....
31 (middle) ..... (last), ..... (race).
32 Name of birth father (if known): ..... (first) .....
33 (middle) ..... (last), ..... (race).
34 Name(s) at birth of sibling(s) having a common birth
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1 parent with adoptee (if known): ..... (first) .....
2 (middle) ..... (last), ..... (race), and name of
3 common birth parent: ..... (first) ..... (middle)
4 ..... (last), ..... (race).
5 I was adopted through: ..... (name of agency).
6 I was adopted privately: ..... (state "yes" if known).
7 I was adopted in ..... (city and state), ..... (approximate
8 date).
9 Other identifying information: .............
10 ......................
11 (signature of adoptee)
12 ........... .........................
13 (date) (printed name of adoptee)
14 (c) The form of the Surrendered Person Registration
15 Identification shall be substantially as follows:
16 SURRENDERED PERSON REGISTRATION
17 IDENTIFICATION
18 (Insert all known information)
19 I, ....., state the following:
20 Surrendered Person's present name: ..... (first) .....
21 (middle) ..... (last).
22 Surrendered Person's name at birth (if known): .....
23 (first) ..... (middle) ..... (last), .....(birth
24 date), ..... (city and state of birth), ......
25 (sex), ..... (race).
26 Name of guardian father: ..... (first) ..... (middle)
27 ..... (last), ..... (race).
28 Maiden name of guardian mother: ..... (first) .....
29 (middle) ..... (last), ..... (race).
30 Name of birth mother (if known): ..... (first) .....
31 (middle) ..... (last) ..... (race).
32 Name of birth father (if known): ..... (first) .....
33 (middle) ..... (last), .....(race).
34 Name(s) at birth of sibling(s) having a common birth
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1 parent with surrendered person (if known): .....
2 (first) ..... (middle) ..... (last), ..... (race),
3 and name of common birth parent: ..... (first) .....
4 (middle) ..... (last), ..... (race).
5 I was surrendered for adoption to: ..... (name of agency).
6 I was surrendered for adoption in ..... (city and state),
7 ..... (approximate date).
8 Other identifying information: ............
9 ................................
10 (signature of surrendered person)
11 ............ ......................
12 (date) (printed name of person
13 surrendered for adoption)
14 (d) The form of the Information Exchange Authorization
15 shall be substantially as follows:
16 INFORMATION EXCHANGE AUTHORIZATION
17 I, ....., state that I am the person who completed the
18 Registration Identification; that I am of the age of .....
19 years; that I hereby authorize the Department of Public
20 Health to give to my (birth parent) (birth sibling)
21 (surrendered child) the following (please check the
22 information authorized for exchange):
23 [ ] 1. Only my name and last known address.
24 [ ] 2. A copy of my Illinois Adoption Registry
25 Application.
26 [ ] 3. A copy of the original certificate of live
27 birth.
28 I am fully aware that I can only be supplied with any
29 information about my (birth parent) (birth sibling)
30 (surrendered child) if such person has duly executed an
31 Information Exchange Authorization for such information which
32 has not been revoked; that I can be contacted by writing to:
33 ..... (own name or name of person to contact) (address)
34 (phone number).
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1 Dated (insert date).
2 ............ ..............
3 (witness) (signature)
4 (e) The form of the Denial of Information Exchange shall
5 be substantially as follows:
6 DENIAL OF INFORMATION EXCHANGE
7 I, ....., state that I am the person who completed the
8 Registration Identification; that I am of the age of .....
9 years; that I hereby instruct the Department of Public Health
10 not to give any identifying information about me to my (birth
11 parent) (birth sibling) (surrendered child); that I do not
12 wish to be contacted.
13 Dated (insert date).
14 ............. ...............
15 (witness) (signature)
16 (f) The Information Exchange Authorization and the
17 Denial of Information Exchange shall be acknowledged by the
18 birth parent, birth sibling, adopted or surrendered person,
19 adoptive parent, or legal guardian before a notary public, in
20 form substantially as follows:
21 State of ..............
22 County of .............
23 I, a Notary Public, in and for the said County, in the
24 State aforesaid, do hereby certify that ...............
25 personally known to me to be the same person whose name is
26 subscribed to the foregoing certificate of acknowledgement,
27 appeared before me in person and acknowledged that (he or
28 she) signed such certificate as (his or her) free and
29 voluntary act and that the statements in such certificate are
30 true.
31 Given under my hand and notarial seal on (insert date).
32 .........................
33 (signature)
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1 (g) When the execution of an Information Exchange
2 Authorization or a Denial of Information Exchange is
3 acknowledged before a representative of an agency, such
4 representative shall have his signature on said Certificate
5 acknowledged before a notary public, in form substantially as
6 follows:
7 State of..........
8 County of.........
9 I, a Notary Public, in and for the said County, in the
10 State aforesaid, do hereby certify that ..... personally
11 known to me to be the same person whose name is subscribed to
12 the foregoing certificate of acknowledgement, appeared before
13 me in person and acknowledged that (he or she) signed such
14 certificate as (his or her) free and voluntary act and that
15 the statements in such certificate are true.
16 Given under my hand and notarial seal on (insert date).
17 .......................
18 (signature)
19 (h) When an Illinois Adoption Registry Application,
20 Information Exchange Authorization or a Denial of Information
21 Exchange is executed in a foreign country, the execution of
22 such document shall be acknowledged or affirmed before an
23 officer of the United States consular services.
24 (i) If the person signing an Information Exchange
25 Authorization or a Denial of Information is in the military
26 service of the United States, the execution of such document
27 may be acknowledged before a commissioned officer and the
28 signature of such officer on such certificate shall be
29 verified or acknowledged before a notary public or by such
30 other procedure as is then in effect for such division or
31 branch of the armed forces.
32 (j) The Department shall modify these forms as necessary
33 to implement the provisions of this amendatory Act of 1999
34 including creating Registration Identification Forms for
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1 non-surrendered birth siblings, adoptive parents and legal
2 guardians.
3 (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)
4 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
5 Sec. 18.3a. Confidential intermediary. (a) General
6 purposes. Notwithstanding any other provision of this Act,
7 any adopted person 21 years of age or over, any adoptive
8 parent or legal guardian of an adopted person under the age
9 of 21, or any birth parent of an adopted person who is 21
10 years of age or over may petition the court in any county in
11 the State of Illinois for appointment of a confidential
12 intermediary as provided in this Section for the purpose of
13 exchanging medical information with one or more mutually
14 consenting biological relatives, obtaining identifying
15 information about one or more mutually consenting biological
16 relatives, or arranging contact with one or more mutually
17 consenting biological relatives. Additionally, in cases where
18 an adopted or surrendered person is deceased, an adult child
19 of the adopted or surrendered person may file a petition
20 under this Section and in cases where the birth parent is
21 deceased, an adult birth sibling of the adopted person or of
22 the deceased birth parent may file a petition under this
23 Section for the purpose of exchanging medical information
24 with one or more mutually consenting biological relatives,
25 obtaining identifying information about one or more mutually
26 consenting biological relatives, or arranging contact with
27 one or more mutually consenting biological relatives.
28 (b) Petition. Upon petition by an adopted person 21
29 years of age or over, an adoptive parent or legal guardian of
30 an adopted person under the age of 21, or a birth parent of
31 an adopted person who is 21 years of age or over, the court
32 shall appoint a confidential intermediary without a hearing.
33 Upon petition by an adult child of an adopted person who is
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1 deceased or by an adult birth sibling of an adopted person
2 whose birth parent is deceased or by an adult sibling of a
3 birth parent who is deceased, the court may appoint a
4 confidential intermediary if the court finds that the
5 disclosure is of greater benefit than nondisclosure. The
6 petition shall state which biological relative or relatives
7 are being sought and shall indicate if the petitioner wants
8 to do any one or more of the following: exchange medical
9 information with the biological relative or relatives, obtain
10 identifying information from the biological relative or
11 relatives, or to arrange contact with the biological
12 relative.
13 (c) Fees and expenses. The court shall condition the
14 appointment of the confidential intermediary on the
15 petitioner's payment of the intermediary's fees and expenses
16 in advance of the commencement of the work of the
17 confidential intermediary.
18 (d) Eligibility of intermediary. The court may appoint
19 as confidential intermediary either an employee of the
20 Illinois Department of Children and Family Services
21 designated by the Department to serve as such, any other
22 person certified by the Department as qualified to serve as a
23 confidential intermediary, or any employee of a licensed
24 child welfare agency certified by the agency as qualified to
25 serve as a confidential intermediary.
26 (e) Access. Notwithstanding any other provision of
27 State law, the confidential intermediary shall have access to
28 all records of the court or any agency, school, or hospital,
29 public or private, which relate to the adoption or the
30 identity and location of any adopted person or his or her
31 adoptive parents, legal guardians, adult children of a
32 deceased adopted person, birth parent, birth sibling, or
33 sibling of a deceased birth parent. Confidential
34 intermediaries shall be authorized to inspect confidential
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1 relinquishment, adoption, and other records.
2 (f) Duties of confidential intermediary in conducting a
3 search. In conducting a search under this Section, the
4 confidential intermediary shall first confirm that there is
5 no Denial of Information Exchange on file with the Illinois
6 Adoption Registry. If the petitioner is an adult child of an
7 adopted person who is deceased, the confidential intermediary
8 shall additionally confirm that the adopted person did not
9 file a Denial of Information Exchange with the Illinois
10 Adoption Registry during his or her life. If the petitioner
11 is an adult birth sibling of an adopted person or an adult
12 sibling of a birth parent who is deceased, the confidential
13 intermediary shall additionally confirm that the birth parent
14 did not file a Denial of Information Exchange with the
15 Registry during his or her life.
16 In conducting a search under this Section, the
17 confidential intermediary shall attempt to locate the
18 relative or relatives with whom the petitioner has requested
19 contact. If the sought-after relative is deceased or cannot
20 be located after a diligent search, the confidential
21 intermediary may contact adult biological relatives of the
22 sought-after relative.
23 The confidential intermediary shall contact a
24 sought-after relative on behalf of the petitioner in a manner
25 that respects the sought-after relative's privacy and shall
26 inform the sought-after relative of the petitioner's request
27 for medical information, identifying information or contact
28 as stated in the petition. Based upon the terms of the
29 petitioner's request, the confidential intermediary shall
30 contact a sought-after relative on behalf of the petitioner
31 and inform the sought-after relative of the following
32 options:
33 (1) The sought-after relative may totally reject one or
34 all of the requests for medical information, identifying
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1 information or contact. The sought-after relative shall be
2 informed that they can provide a medical questionnaire to be
3 forwarded to the petitioner without releasing any identifying
4 information. The confidential intermediary shall inform the
5 petitioner of the sought-after relative's decision to reject
6 the sharing of information and contact.
7 (2) The sought-after relative may consent to completing
8 a medical questionnaire only. In this case, the confidential
9 intermediary shall provide the questionnaire and ask the
10 sought-after relative to complete it. The confidential
11 intermediary shall forward the completed questionnaire to the
12 petitioner and inform the petitioner of the sought-after
13 relative's desire to not provide any additional information.
14 (3) The sought-after relative may communicate with the
15 petitioner without having his or her identity disclosed. In
16 this case, the confidential intermediary shall arrange the
17 desired communication in a manner that protects the identity
18 of the sought-after relative. The confidential intermediary
19 shall inform the petitioner of the sought-after relative's
20 decision to communicate but not disclose his or her identity.
21 (4) The sought after relative may consent to initiate
22 contact with the petitioner. If both the petitioner and the
23 sought-after relative or relatives are eligible to register
24 with the Illinois Adoption Registry, the confidential
25 intermediary shall provide the necessary application forms
26 and request that the sought-after relative register with the
27 Illinois Adoption Registry. If either the petitioner or the
28 sought-after relative or relatives are ineligible to register
29 with the Illinois Adoption Registry, the confidential
30 intermediary shall obtain written consents from both parties
31 that they wish to disclose their identities to each other and
32 to have contact with each other.
33 (g) Oath. The confidential intermediary shall sign an
34 oath of confidentiality substantially as follows: "I,
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1 .........., being duly sworn, on oath depose and say: As a
2 condition of appointment as a confidential intermediary, I
3 affirm that:
4 (1) I will not disclose to the petitioner, directly
5 or indirectly, any confidential information except in a
6 manner consistent with the law.
7 (2) I recognize that violation of this oath
8 subjects me to civil liability and to being found in
9 contempt of court. ................................
10 SUBSCRIBED AND SWORN to before me, a Notary Public, on
11 (insert date)
12 ................................."
13 (h) Sanctions. Any confidential intermediary who
14 improperly discloses confidential information identifying a
15 sought-after relative shall be liable to the sought-after
16 relative for damages and may also be found in contempt of
17 court.
18 (i) Death of person being sought. Notwithstanding any
19 other provision of this Act, if the confidential intermediary
20 discovers that the person being sought has died, he or she
21 shall report this fact to the court, along with a copy of the
22 death certificate.
23 (j) Any confidential information obtained by the
24 confidential intermediary during the course of his or her
25 search shall be kept strictly confidential and shall be used
26 for the purpose of arranging contact between the petitioner
27 and the sought-after birth relative. At the time the case is
28 closed, all identifying information shall be returned to the
29 court for inclusion in the impounded adoption file.
30 (k) If the petitioner is an adopted person 21 years of
31 age or over or the adoptive parent or legal guardian of an
32 adopted person under the age of 21, any non-identifying
33 information, as defined in Section 18.4, that is ascertained
34 during the course of the search may be given in writing to
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1 the petitioner before the case is closed.
2 (l) Except as provided in subsection (h) of this
3 Section, no liability shall accrue to the State, any State
4 agency, any judge, any officer or employee of the court, any
5 certified confidential intermediary, or any agency designated
6 to oversee confidential intermediary services for acts,
7 omissions, or efforts made in good faith within the scope of
8 this Section.
9 (a) General purposes. Notwithstanding any other
10 provision of this Act, any adopted person over the age of 21
11 or any adoptive parent or legal guardian of an adopted person
12 under the age of 21 may petition the court for appointment of
13 a confidential intermediary as provided in this Section for
14 the purpose of obtaining from one or both birth parents or a
15 sibling or siblings of the adopted person information
16 concerning the background of a psychological or
17 genetically-based medical problem experienced or which may be
18 expected to be experienced in the future by the adopted
19 person or obtaining assistance in treating such a problem.
20 (b) Petition. The court shall appoint a confidential
21 intermediary for the purposes described in subsection (f) if
22 the petitioner shows the following:
23 (1) the adopted person is suffering or may be
24 expected to suffer in the future from a life-threatening
25 or substantially incapacitating physical illness of any
26 nature, or a psychological disturbance which is
27 substantially incapacitating but not life-threatening, or
28 a mental illness which, in the opinion of a physician
29 licensed to practice medicine in all its branches, is or
30 could be genetically based to a significant degree;
31 (2) the treatment of the adopted person, in the
32 opinion of a physician licensed to practice medicine in
33 all of its branches, would be materially assisted by
34 information obtainable from the birth parents or might
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1 benefit from the provision of organs or other bodily
2 tissues, materials, or fluids by the birth parents or
3 other close biological relatives; and
4 (3) there is neither an Information Exchange
5 Authorization nor a Denial of Information Exchange filed
6 in the Registry as provided in Section 18.1.
7 The affidavit or testimony of the treating physician
8 shall be conclusive on the issue of the utility of contact
9 with the birth parents unless the court finds that the
10 relationship between the illness to be treated and the
11 alleged need for contact is totally without foundation.
12 (c) Fees and expenses. The court shall condition the
13 appointment of the confidential intermediary on the payment
14 of the intermediary's fees and expenses in advance, unless
15 the intermediary waives the right to full advance payment or
16 to any reimbursement at all.
17 (d) Eligibility of intermediary. The court may appoint
18 as confidential intermediary either an employee of the
19 Illinois Department of Children and Family Services
20 designated by the Department to serve as such, any other
21 person certified by the Department as qualified to serve as a
22 confidential intermediary, or any employee of a licensed
23 child welfare agency certified by the agency as qualified to
24 serve as a confidential intermediary.
25 (e) Access. Notwithstanding any other provision of law,
26 the confidential intermediary shall have access to all
27 records of the court or any agency, public or private, which
28 relate to the adoption or the identity and location of any
29 birth parent.
30 (f) Purposes of contact. The confidential intermediary
31 has only the following powers and duties:
32 (1) To contact one or both birth parents, inform
33 the parent or parents of the basic medical problem of the
34 adopted person and the nature of the information or
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1 assistance sought from the birth parent, and inform the
2 parent or parents of the following options:
3 (A) The birth parent may totally reject the
4 request for assistance or information, or both, and
5 no disclosure of identity or location shall be made
6 to the petitioner.
7 (B) The birth parent may file an Information
8 Exchange Authorization as provided in Section 18.1.
9 The confidential intermediary shall explain to the
10 birth parent the consequences of such a filing,
11 including that the birth parent's identity will be
12 available for discovery by the adopted person. If
13 the birth parent agrees to this option, the
14 confidential intermediary shall supply the parent
15 with the appropriate forms, shall be responsible for
16 their immediate filing with the Registry, and shall
17 inform the petitioner of their filing.
18 (C) If the birth parent wishes to provide the
19 information or assistance sought but does not wish
20 his or her identity disclosed, the confidential
21 intermediary shall arrange for the disclosure of the
22 information or the provision of assistance in as
23 confidential a manner as possible so as to protect
24 the privacy of the birth parent and minimize the
25 likelihood of disclosure of the birth parent's
26 identity.
27 (2) If a birth parent so desires, to arrange for a
28 confidential communication with the treating physician to
29 discuss the need for the requested information or
30 assistance.
31 (3) If a birth parent agrees to provide the
32 information or assistance sought but wishes to maintain
33 his or her privacy, to arrange for the provision of the
34 information or assistance to the physician in as
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1 confidential a manner as possible so as to protect the
2 privacy of the birth parent and minimize the likelihood
3 of disclosure of the birth parent's identity.
4 (g) Oath. The confidential intermediary shall sign an
5 oath of confidentiality substantially as follows:
6 "I, .........., being duly sworn, on oath depose and
7 say: As a condition of appointment as a confidential
8 intermediary, I affirm that:
9 (1) I will not disclose to the petitioner, directly
10 or indirectly, any information about the identity or
11 location of the birth parent whose assistance is being
12 sought for medical reasons except in a manner consistent
13 with the law.
14 (2) I recognize that violation of this oath
15 subjects me to civil liability and to being found in
16 contempt of court.
17 ................................
18 SUBSCRIBED AND SWORN to before me, a Notary Public,
19 on (insert date).
20 ................................"
21 (h) Sanctions.
22 (1) Any confidential intermediary who improperly
23 discloses information identifying a birth parent shall be
24 liable to the birth parent for damages and may also be
25 found in contempt of court.
26 (2) Any person who learns a birth parent's
27 identity, directly or indirectly, through the use of
28 procedures provided in this Section and who improperly
29 discloses information identifying the birth parent shall
30 be liable to the birth parent for actual damages plus
31 minimum punitive damages of $10,000.
32 (i) Death of birth parent. Notwithstanding any other
33 provision of this Act, if the confidential intermediary
34 discovers that the person whose assistance is sought has
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1 died, he or she shall report this fact to the court, along
2 with a copy of the death certificate.
3 (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)
4 (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
5 Sec. 18.4. (a) The agency, Department of Children and
6 Family Services, Court Supportive Services, Juvenile Division
7 of the Circuit Court, or the Probation Officers of the
8 Circuit Court involved in the adoption proceedings shall give
9 in writing the following non-identifying information, if
10 known, to the adoptive parents not later than the date of
11 placement with the petitioning adoptive parents: (i) age of
12 biological parents; (ii) their race, religion and ethnic
13 background; (iii) general physical appearance of biological
14 parents; (iv) their education, occupation, hobbies, interests
15 and talents; (v) existence of any other children born to the
16 biological parents; (vi) information about biological
17 grandparents; reason for emigrating into the United States,
18 if applicable, and country of origin; (vii) relationship
19 between biological parents; and (viii) detailed medical and
20 mental health histories of the child, the biological parents,
21 and their immediate relatives; and (ix) the actual date and
22 place of birth of the adopted person. However, no
23 information provided under this subsection shall disclose the
24 name or last known address of the biological parents,
25 grandparents, the siblings of the biological parents, the
26 adopted person, or any other relative of the adopted person.
27 (b) Any adoptee 18 years of age or over shall be given
28 the information in subsection (a) upon request.
29 (c) The Illinois Adoption Registry shall release any
30 non-identifying information listed in (a) of this Section
31 that appears on the original birth certificate or the
32 Certificate of Adoption to an adopted person, adoptive
33 parent, or legal guardian who is a registrant of the Illinois
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1 Adoption Registry.
2 (d) The Illinois Adoption Registry shall release the
3 actual date and place of birth of an adopted person over the
4 age of 21 to the birth parent if the birth parent is a
5 registrant of the Illinois Adoption Registry and has
6 completed a Medical Information Exchange Authorization.
7 (e) The Illinois Adoption Registry shall release
8 information regarding the date of the adoption and the county
9 in which the adoption was finalized to a certified
10 confidential intermediary upon submission of a court order.
11 (f) In cases where the Illinois Adoption Registry
12 possesses information indicating that an adopted person over
13 the age of 21 was adopted in a state other than Illinois or a
14 country other than the United States, the Illinois Adoption
15 Registry shall release the name of the state or country where
16 the adoption was finalized and, if available, the agency
17 involved in the adoption to a registrant of the Illinois
18 Adoption Registry who has completed a Medical Information
19 Exchange Authorization.
20 (g) (c) Any of the above available information for any
21 adoption proceedings completed before the effective date of
22 this Act shall be supplied to the adoptive parents or an
23 adoptee 18 years of age or over upon request.
24 (h) (d) The agency, Department of Children and Family
25 Services, Court Supportive Services, Juvenile Division of the
26 Circuit Court, the Probation Officers of the Circuit Court
27 and any other governmental bodies having any of the above
28 information shall retain the file until the adoptee would
29 have reached the age of 99 years.
30 (Source: P.A. 87-617.)".