| |||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Vital Records Act is amended by changing | ||||||
5 | Section 17 as follows:
| ||||||
6 | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
| ||||||
7 | Sec. 17. (1) For a person born in this State, the State | ||||||
8 | Registrar of Vital
Records shall establish a new certificate of | ||||||
9 | birth when he receives any of
the following:
| ||||||
10 | (a) A certificate of adoption as provided in Section 16 | ||||||
11 | or a certified
copy of the order of adoption together with | ||||||
12 | the information necessary to
identify the original | ||||||
13 | certificate of birth and to establish the new
certificate | ||||||
14 | of birth; except that a new certificate of birth shall not | ||||||
15 | be
established if so requested by the court ordering the | ||||||
16 | adoption, the
adoptive parents, or the adopted person.
| ||||||
17 | (b) A certificate of adoption or a certified copy of | ||||||
18 | the order of
adoption entered in a court of competent | ||||||
19 | jurisdiction of any other state or
country declaring | ||||||
20 | adopted a child born in the State of Illinois, together
| ||||||
21 | with the information necessary to identify the original | ||||||
22 | certificate of
birth and to establish the new certificate | ||||||
23 | of birth; except that a new
certificate of birth shall not |
| |||||||
| |||||||
1 | be established if so requested by the court
ordering the | ||||||
2 | adoption, the adoptive parents, or the adopted person.
| ||||||
3 | (c) A request that a new certificate be established and | ||||||
4 | such evidence as
required by regulation proving that such | ||||||
5 | person has been legitimatized, or
that the circuit court, | ||||||
6 | the Department of Healthcare and Family Services (formerly
| ||||||
7 | Illinois Department of Public Aid), or
a court or | ||||||
8 | administrative agency of any other state
has established
| ||||||
9 | the paternity of such a person
by judicial or | ||||||
10 | administrative processes or by voluntary acknowledgment,
| ||||||
11 | which is accompanied by the social security
numbers of all | ||||||
12 | persons determined and presumed to be the parents.
| ||||||
13 | (d) An affidavit by a physician that he has performed | ||||||
14 | an operation on a
person, and that by reason of the | ||||||
15 | operation the sex designation on such
person's birth record | ||||||
16 | should be changed. The State Registrar of Vital
Records may | ||||||
17 | make any investigation or require any further information | ||||||
18 | he
deems necessary.
| ||||||
19 | Each request for a new certificate of birth shall be | ||||||
20 | accompanied by a fee
of $15 and entitles the applicant to one | ||||||
21 | certification or certified copy
of the new certificate. If the | ||||||
22 | request is for additional copies, it shall
be accompanied by a | ||||||
23 | fee of $2 for each additional certification or certified
copy.
| ||||||
24 | (2) When a new certificate of birth is established, the | ||||||
25 | actual place and
date of birth shall be shown; provided, in the | ||||||
26 | case of adoption of a person
born in this State by parents who |
| |||||||
| |||||||
1 | were residents of this State at the time
of the birth of the | ||||||
2 | adopted person, the place of birth may be shown as the
place of | ||||||
3 | residence of the adoptive parents at the time of such person's
| ||||||
4 | birth, if specifically requested by them, and any new | ||||||
5 | certificate of birth
established prior to the effective date of | ||||||
6 | this amendatory Act may be
corrected accordingly if so | ||||||
7 | requested by the adoptive parents or the
adopted person when of | ||||||
8 | legal age. The social security numbers of the
parents shall not | ||||||
9 | be recorded on the certificate of birth. The social
security | ||||||
10 | numbers may only be used for purposes allowed under federal | ||||||
11 | law.
The new certificate shall be substituted for the original | ||||||
12 | certificate of birth:
| ||||||
13 | (a) Thereafter, the original certificate and the | ||||||
14 | evidence of adoption,
paternity, legitimation, or sex | ||||||
15 | change shall not be subject to inspection
or certification | ||||||
16 | except upon order of the circuit court or
as provided by | ||||||
17 | regulation. If the new certificate was issued subsequent to | ||||||
18 | an adoption, the original certificate shall not be subject | ||||||
19 | to inspection until the adopted person has reached the age | ||||||
20 | of 21; thereafter, the original certificate shall be made | ||||||
21 | available as provided by Section 18.1b of the Adoption Act.
| ||||||
22 | (b) Upon receipt of notice of annulment of adoption, | ||||||
23 | the original
certificate of birth shall be restored to its | ||||||
24 | place in the files, and the
new certificate and evidence | ||||||
25 | shall not be subject to inspection or
certification except | ||||||
26 | upon order of the circuit court.
|
| |||||||
| |||||||
1 | (3) If no certificate of birth is on file for the person | ||||||
2 | for whom a new
certificate is to be established under this | ||||||
3 | Section, a delayed record of
birth shall be filed with the | ||||||
4 | State Registrar of Vital Records as provided
in Section 14 or | ||||||
5 | Section 15 of this Act before a new certificate of birth
is | ||||||
6 | established, except that when the date and place of birth and | ||||||
7 | parentage
have been established in the adoption proceedings, a | ||||||
8 | delayed record shall
not be required.
| ||||||
9 | (4) When a new certificate of birth is established by the | ||||||
10 | State
Registrar of Vital Records, all copies of the original | ||||||
11 | certificate of birth
in the custody of any custodian of | ||||||
12 | permanent local records in this State
shall be transmitted to | ||||||
13 | the State Registrar of Vital Records as directed,
and shall be | ||||||
14 | sealed from inspection except as provided by Section 18.1b of | ||||||
15 | the Adoption Act .
| ||||||
16 | (5) Nothing in this Section shall be construed to prohibit | ||||||
17 | the amendment
of a birth certificate in accordance with | ||||||
18 | subsection (6) of Section 22.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
20 | Section 10. The Adoption Act is amended by changing | ||||||
21 | Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as | ||||||
22 | follows:
| ||||||
23 | (750 ILCS 50/18.06)
| ||||||
24 | Sec. 18.06. Definitions. When used in Sections
18.05 |
| |||||||
| |||||||
1 | through Section 18.6, for the purposes of the Registry:
| ||||||
2 | "Adopted person" means a person who was adopted
pursuant to | ||||||
3 | the laws in effect at the time of the adoption.
| ||||||
4 | "Adoptive parent" means a person who has become a parent | ||||||
5 | through the legal
process of adoption.
| ||||||
6 | "Adult child" means the biological child 21 years of age or | ||||||
7 | over of a deceased adopted or surrendered person.
| ||||||
8 | "Adult Adopted or Surrendered Person" means an adopted or | ||||||
9 | surrendered person 21 years of age or over. | ||||||
10 | "Agency" means a public child welfare agency or a licensed | ||||||
11 | child welfare
agency.
| ||||||
12 | "Birth aunt" means the adult full or half sister of a | ||||||
13 | deceased birth parent.
| ||||||
14 | "Birth father" means the biological father of an adopted or | ||||||
15 | surrendered
person who is named on the original certificate of | ||||||
16 | live birth or on a consent
or surrender document, or a | ||||||
17 | biological father whose paternity has been
established by a | ||||||
18 | judgment or order of the court, pursuant to the Illinois
| ||||||
19 | Parentage Act of 1984.
| ||||||
20 | "Birth mother" means the biological mother of an adopted or | ||||||
21 | surrendered
person.
| ||||||
22 | "Birth parent" means a birth mother or birth father of an | ||||||
23 | adopted or
surrendered person.
| ||||||
24 | "Birth Parent Preference Form" means the form prepared by | ||||||
25 | the Department of Public Health pursuant to Section 18.2 | ||||||
26 | completed by a birth parent registrant and filed with the |
| |||||||
| |||||||
1 | Registry that indicates the birth parent's preferences | ||||||
2 | regarding contact and , if applicable, the release of his or her | ||||||
3 | identifying information on the non-certified copy of the | ||||||
4 | original birth certificate released to an adult adopted or | ||||||
5 | surrendered person or to the surviving adult child or surviving | ||||||
6 | spouse of a deceased adopted or surrendered person who has | ||||||
7 | filed a Request for a Non-Certified Copy of an Original Birth | ||||||
8 | Certificate. | ||||||
9 | "Birth relative" means a birth mother, birth father, birth | ||||||
10 | sibling, birth aunt, or birth uncle.
| ||||||
11 | "Birth sibling" means the adult full or half sibling
of an | ||||||
12 | adopted or
surrendered person.
| ||||||
13 | "Birth uncle" means the adult full or half brother of a | ||||||
14 | deceased birth parent.
| ||||||
15 | "Confidential intermediary" means an individual certified | ||||||
16 | by the Department of Children and Family Services pursuant to | ||||||
17 | Section 18.3a(e). | ||||||
18 | "Denial of Information Exchange" means an affidavit | ||||||
19 | completed by a
registrant with the Illinois Adoption Registry | ||||||
20 | and Medical Information Exchange
denying the release of | ||||||
21 | identifying information which has been filed with the Registry.
| ||||||
22 | "Information Exchange Authorization" means
an affidavit | ||||||
23 | completed by a registrant with the Illinois Adoption Registry | ||||||
24 | and
Medical Information Exchange authorizing the release of | ||||||
25 | identifying
information which has been filed with the Registry.
| ||||||
26 | "Medical Information Exchange Questionnaire" means the |
| |||||||
| |||||||
1 | medical
history
questionnaire completed by a registrant of the | ||||||
2 | Illinois Adoption Registry and
Medical Information Exchange.
| ||||||
3 | "Non-certified Copy of the Original Birth Certificate" | ||||||
4 | means a non-certified copy of the original certificate of live | ||||||
5 | birth of an adult adopted or surrendered person who was born in | ||||||
6 | Illinois. | ||||||
7 | "Proof of death" means a death certificate.
| ||||||
8 | "Registrant" or "Registered Party" means a birth parent, | ||||||
9 | birth sibling,
birth aunt, birth uncle, adopted or surrendered | ||||||
10 | person 21 years of age or over, adoptive parent or legal
| ||||||
11 | guardian of an adopted or surrendered person under the age of | ||||||
12 | 21, or adoptive parent, surviving spouse, or adult child of a | ||||||
13 | deceased adopted or surrendered person who has filed
an | ||||||
14 | Illinois Adoption Registry Application or Registration | ||||||
15 | Identification Form
with the Registry.
| ||||||
16 | "Registry" means the Illinois Adoption Registry and | ||||||
17 | Medical Information Exchange. | ||||||
18 | "Request for a Non-Certified Copy of an Original Birth | ||||||
19 | Certificate" means an affidavit completed by an adult adopted | ||||||
20 | or surrendered person or by the surviving adult child or | ||||||
21 | surviving spouse of a deceased adopted or surrendered person | ||||||
22 | and filed with the Registry requesting a non-certified copy of | ||||||
23 | an adult adopted or surrendered person's original certificate | ||||||
24 | of live birth in Illinois. | ||||||
25 | "Surrendered person" means a person whose parents' rights | ||||||
26 | have been
surrendered or terminated but who has not been |
| |||||||
| |||||||
1 | adopted.
| ||||||
2 | "Surviving spouse" means the wife or husband , 21 years of | ||||||
3 | age or older, of a deceased adopted or surrendered person who | ||||||
4 | would be 21 years of age or older if still alive and who has one | ||||||
5 | or more surviving biological children who are under the age of | ||||||
6 | 21.
| ||||||
7 | "18.3 Statement" means a statement regarding the | ||||||
8 | disclosure of identifying information signed by a birth parent | ||||||
9 | under Section 18.3 of this Act as it existed immediately prior | ||||||
10 | to the effective date of this amendatory Act of the 96th | ||||||
11 | General Assembly. | ||||||
12 | (Source: P.A. 96-895, eff. 5-21-10.)
| ||||||
13 | (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
| ||||||
14 | Sec. 18.1. Disclosure of identifying information.
| ||||||
15 | (a) The Department of Public Health shall establish and | ||||||
16 | maintain a
Registry for the purpose of allowing mutually
| ||||||
17 | consenting members of birth and adoptive families to exchange | ||||||
18 | identifying and medical information. Identifying information | ||||||
19 | for
the purpose of this Act shall mean any one or more of the | ||||||
20 | following:
| ||||||
21 | (1) The name and last known address of the consenting | ||||||
22 | person or persons.
| ||||||
23 | (2) A copy of the Illinois Adoption Registry | ||||||
24 | Application of the
consenting person or persons.
| ||||||
25 | (3) A non-certified copy of the original birth |
| |||||||
| |||||||
1 | certificate of an adult adopted
or surrendered person.
| ||||||
2 | (b) Written authorization from all parties identified must | ||||||
3 | be received prior
to disclosure of any identifying information, | ||||||
4 | with the exception of non-certified copies of original birth | ||||||
5 | certificates released to adult adopted or surrendered persons | ||||||
6 | or to surviving adult children and surviving spouses of | ||||||
7 | deceased adopted or surrendered persons pursuant to the | ||||||
8 | procedures outlined in Section 18.1b(e).
| ||||||
9 | (c) At any time after a child is surrendered for adoption, | ||||||
10 | or at any
time during the adoption proceedings or at any time | ||||||
11 | thereafter, either
birth parent or both of them may file with | ||||||
12 | the Registry a Birth
Parent Registration Identification Form | ||||||
13 | and an Information Exchange
Authorization or a Denial of | ||||||
14 | Information Exchange .
| ||||||
15 | (d) A birth sibling 21 years of age or over who was not | ||||||
16 | surrendered for
adoption and who has submitted a copy of his or | ||||||
17 | her birth certificate as well as proof of death for a deceased | ||||||
18 | birth parent
and such birth parent did not file a Denial of | ||||||
19 | Information Exchange or a Birth Parent Preference Form on which | ||||||
20 | Option E was selected with the
Registry prior to his or her | ||||||
21 | death may file a Registration Identification Form
and an | ||||||
22 | Information Exchange Authorization or a Denial of Information | ||||||
23 | Exchange.
| ||||||
24 | (e) A birth aunt or birth uncle who has submitted birth | ||||||
25 | certificates for himself or herself and for a deceased birth | ||||||
26 | parent naming at least one common biological parent as well as |
| |||||||
| |||||||
1 | proof of death for the deceased birth parent and such birth | ||||||
2 | parent did not file a Denial of Information Exchange or a Birth | ||||||
3 | Parent Preference Form on which Option E was selected with the | ||||||
4 | Registry prior to his or her death may file a Registration | ||||||
5 | Identification Form and an Information Exchange Authorization | ||||||
6 | or a Denial of Information Exchange.
| ||||||
7 | (f) Any adopted person 21 years of age or over, any | ||||||
8 | surrendered person
21 years of age or over, or any adoptive | ||||||
9 | parent or legal guardian of an
adopted or surrendered person | ||||||
10 | under the age of 21 may file with the Registry
a Registration | ||||||
11 | Identification Form and an Information Exchange Authorization
| ||||||
12 | or a Denial of Information Exchange.
| ||||||
13 | (g) Any adult child 21 years of age or over of a deceased | ||||||
14 | adopted or surrendered person who has submitted a copy of his | ||||||
15 | or her birth certificate naming an adopted or surrendered | ||||||
16 | person as his or her biological parent as well as proof of | ||||||
17 | death for the deceased adopted or surrendered person and such | ||||||
18 | adopted or surrendered person did not file a Denial of | ||||||
19 | Information Exchange with the Registry prior to his or her | ||||||
20 | death may file a Registration Identification Form and an | ||||||
21 | Information Exchange Authorization or a Denial of Information | ||||||
22 | Exchange.
| ||||||
23 | (h) Any surviving spouse of a deceased adopted or | ||||||
24 | surrendered person 21 years of age or over who has submitted | ||||||
25 | proof of death for the deceased adopted or surrendered person | ||||||
26 | and such adopted or surrendered person did not file a Denial of |
| |||||||
| |||||||
1 | Information Exchange with the Registry prior to his or her | ||||||
2 | death as well as a birth certificate naming themselves and the | ||||||
3 | adopted or surrendered person as the parents of a minor child | ||||||
4 | under the age of 21 may file a Registration Identification Form | ||||||
5 | and an Information Exchange Authorization or a Denial of | ||||||
6 | Information Exchange.
| ||||||
7 | (i) Any adoptive parent or legal guardian of a deceased | ||||||
8 | adopted or surrendered person who is 21 years of age or over | ||||||
9 | who has submitted proof of death as well as proof of parentage | ||||||
10 | or guardianship for the deceased adopted or surrendered person | ||||||
11 | and such adopted or surrendered person did not file a Denial of | ||||||
12 | Information Exchange with the Registry prior to his or her | ||||||
13 | death may file a Registration Identification Form and an | ||||||
14 | Information Exchange Authorization or a Denial of Information | ||||||
15 | Exchange.
| ||||||
16 | (j) The Department of Public Health shall supply to the | ||||||
17 | adopted or
surrendered person or his or her adoptive parents, | ||||||
18 | legal guardians, adult children or surviving spouse, and
to the | ||||||
19 | birth parents identifying information only if both the adopted | ||||||
20 | or
surrendered person, or one of his or her adoptive parents, | ||||||
21 | legal guardians, adult children or his or her surviving spouse, | ||||||
22 | and
the birth parents have filed with the Registry an | ||||||
23 | Information Exchange
Authorization or a Birth Parent | ||||||
24 | Preference Form on which Option A, B, or C was selected and the | ||||||
25 | information at the Registry indicates that the
consenting | ||||||
26 | adopted or surrendered person, the child of the consenting
|
| |||||||
| |||||||
1 | adoptive parents or legal guardians, the parent of the | ||||||
2 | consenting adult child of the adopted or surrendered person, or | ||||||
3 | the deceased wife or husband of the consenting surviving spouse
| ||||||
4 | is the child of the consenting birth
parents, except | ||||||
5 | identifying information that appears on a non-certified copy of | ||||||
6 | an original birth certificate may be provided to an adult | ||||||
7 | adopted or surrendered person or to the surviving adult child | ||||||
8 | or surviving spouse of a deceased adopted or surrendered person | ||||||
9 | pursuant to the procedures outlined in Section 18.1b(e) of this | ||||||
10 | Act.
| ||||||
11 | The Department of Public Health shall supply to adopted or | ||||||
12 | surrendered
persons who are birth siblings identifying | ||||||
13 | information only if both siblings
have filed with the Registry | ||||||
14 | an Information Exchange Authorization and the
information at | ||||||
15 | the Registry indicates that the consenting siblings have one
or | ||||||
16 | both birth parents in common. Identifying information shall be | ||||||
17 | supplied to
consenting birth siblings who were adopted or | ||||||
18 | surrendered if any such sibling
is 21 years of age or over. | ||||||
19 | Identifying information shall be supplied to
consenting birth | ||||||
20 | siblings who were not adopted or surrendered if any such
| ||||||
21 | sibling is 21 years of age or over and has proof of death of the | ||||||
22 | common birth
parent and such birth parent did not file a Denial | ||||||
23 | of Information Exchange or a Birth Parent Preference Form on | ||||||
24 | which Option E was selected
with the Registry prior to his or | ||||||
25 | her death.
| ||||||
26 | (k) The Department of Public Health shall supply to the |
| |||||||
| |||||||
1 | adopted or surrendered person or his or her adoptive parents, | ||||||
2 | legal guardians, adult children or surviving spouse, and to a | ||||||
3 | birth aunt identifying information only if both the adopted or | ||||||
4 | surrendered person or one of his or her adoptive parents, legal | ||||||
5 | guardians, adult children or his or her surviving spouse, and | ||||||
6 | the birth aunt have filed with the Registry an Information | ||||||
7 | Exchange Authorization and the information at the Registry | ||||||
8 | indicates that the consenting adopted or surrendered person, or | ||||||
9 | the child of the consenting adoptive parents or legal | ||||||
10 | guardians, or the parent of the consenting adult child, or the | ||||||
11 | deceased wife or husband of the consenting surviving spouse of | ||||||
12 | the adopted or surrendered person is or was the child of the | ||||||
13 | brother or sister of the consenting birth aunt.
| ||||||
14 | (l) The Department of Public Health shall supply to the | ||||||
15 | adopted or surrendered person or his or her adoptive parents, | ||||||
16 | legal guardians, adult children or surviving spouse, and to a | ||||||
17 | birth uncle identifying information only if both the adopted or | ||||||
18 | surrendered person or one of his or her adoptive parents, legal | ||||||
19 | guardians, adult children or his or her surviving spouse, and | ||||||
20 | the birth uncle have filed with the Registry an Information | ||||||
21 | Exchange Authorization and the information at the Registry | ||||||
22 | indicates that the consenting adopted or surrendered person, or | ||||||
23 | the child of the consenting adoptive parents or legal | ||||||
24 | guardians, or the parent of the consenting adult child, or the | ||||||
25 | deceased wife or husband of the consenting surviving spouse of | ||||||
26 | the adopted or surrendered person is or was the child of the |
| |||||||
| |||||||
1 | brother or sister of the consenting birth uncle.
| ||||||
2 | (m) A registrant
may notify the Registry of his or her
| ||||||
3 | desire not to have identifying information revealed or may | ||||||
4 | revoke any previously
filed Information Exchange Authorization | ||||||
5 | by completing and filing with the
Registry a Registry | ||||||
6 | Identification Form along with a Denial of Information
Exchange | ||||||
7 | or, if applicable, a Birth Parent Preference Form . Any | ||||||
8 | registrant, except a birth parent, may revoke his or her Denial | ||||||
9 | of Information Exchange by filing
an Information Exchange | ||||||
10 | Authorization. A birth parent may revoke a Denial of | ||||||
11 | Information Exchange by filing a Birth Parent Preference Form. | ||||||
12 | Any birth parent who has previously filed a Birth Parent | ||||||
13 | Preference Form where Option E was selected may revoke such | ||||||
14 | preference by filing a subsequent Birth Parent Preference Form | ||||||
15 | and selecting Option A, B, C, or D. The Department of Public | ||||||
16 | Health shall
act in accordance with the most recently filed | ||||||
17 | affidavit.
| ||||||
18 | (n) Identifying information ascertained from the Registry | ||||||
19 | shall be
confidential and may be disclosed only (1) upon a | ||||||
20 | Court Order, which order
shall name the person or persons | ||||||
21 | entitled to the information, or (2) to a registrant who is the | ||||||
22 | subject of an Information Exchange
Authorization or, if | ||||||
23 | applicable, a Birth Parent Preference Form that was completed | ||||||
24 | by another registrant and filed with the Illinois Adoption | ||||||
25 | Registry and Medical Information Exchange, or (3) as authorized | ||||||
26 | under subsection (h) of Section 18.3 of
this Act, or (4) |
| |||||||
| |||||||
1 | pursuant to the procedures outlined in Section 18.1b(e) of this | ||||||
2 | Act. Any person who willfully provides unauthorized
disclosure | ||||||
3 | of any information filed with the Registry or who knowingly or
| ||||||
4 | intentionally files false information with the Registry shall | ||||||
5 | be guilty of
a Class A misdemeanor and shall be liable for | ||||||
6 | damages.
| ||||||
7 | (o) If information is disclosed pursuant to this Act, the | ||||||
8 | Department shall
redact it to remove any identifying | ||||||
9 | information about any party who has not
consented to the | ||||||
10 | disclosure of such identifying information, or, in the case of | ||||||
11 | identifying information on the original birth certificate, | ||||||
12 | pursuant to Section 18.1b(e) of this Act.
| ||||||
13 | (Source: P.A. 96-895, eff. 5-21-10.)
| ||||||
14 | (750 ILCS 50/18.1a)
| ||||||
15 | Sec. 18.1a. Registry matches.
| ||||||
16 | (a) The Registry shall release identifying information, as | ||||||
17 | specified on
the applicant's Information Exchange | ||||||
18 | Authorization or, if applicable, a Birth Parent Preference | ||||||
19 | Form , to the following
mutually consenting registered parties
| ||||||
20 | and provide them with any photographs or correspondence which | ||||||
21 | have been placed in the
Adoption/Surrender Records File and
are | ||||||
22 | specifically intended for the registered parties:
| ||||||
23 | (i) an adult adopted or surrendered person and one of | ||||||
24 | his or her birth
relatives who have both filed an | ||||||
25 | applicable Information
Exchange Authorization or, if |
| |||||||
| |||||||
1 | applicable, a Birth Parent Preference Form specifying the | ||||||
2 | other consenting party with the Registry,
if
information | ||||||
3 | available to the Registry
confirms that the consenting | ||||||
4 | adopted or surrendered person is biologically related to | ||||||
5 | the consenting birth relative;
| ||||||
6 | (ii) the adoptive parent or legal guardian of an | ||||||
7 | adopted or surrendered
person under the age of 21
and one | ||||||
8 | of the adopted or surrendered person's birth relatives who
| ||||||
9 | have both filed an Information Exchange Authorization | ||||||
10 | specifying the other
consenting party with the Registry , | ||||||
11 | or, if applicable, a Birth Parent Preference Form, with the | ||||||
12 | Registry, if
information available to the Registry | ||||||
13 | confirms that the child of the consenting
adoptive parent | ||||||
14 | or legal guardian is biologically related to the
consenting
| ||||||
15 | birth relative; and
| ||||||
16 | (iii) the adoptive parent, adult child or surviving | ||||||
17 | spouse of a deceased adopted or surrendered person, and one | ||||||
18 | of the adopted or surrendered person's birth relatives who | ||||||
19 | have both filed an applicable Information Exchange | ||||||
20 | Authorization specifying the other consenting party with | ||||||
21 | the Registry, or, if applicable, a Birth Parent Preference | ||||||
22 | Form, with the Registry, if information available to the | ||||||
23 | Registry confirms that the child of the consenting adoptive | ||||||
24 | parent, the parent of the consenting adult child or the | ||||||
25 | deceased wife or husband of the consenting surviving spouse | ||||||
26 | of the adopted or surrendered person was biologically |
| |||||||
| |||||||
1 | related to the consenting birth relative.
| ||||||
2 | (b) If a registrant is the subject of a Denial of
| ||||||
3 | Information Exchange filed by another registered party or is an | ||||||
4 | adopted or surrendered person, or the surviving relative of a | ||||||
5 | deceased adopted or surrendered person, and a birth parent of | ||||||
6 | the adopted or surrendered person completed a Birth Parent | ||||||
7 | Preference Form and selected Option E , the Registry shall
not | ||||||
8 | release identifying information to either registrant or, if | ||||||
9 | applicable, to an adopted person who has requested a copy of | ||||||
10 | his or her original birth certificate, with the exception of | ||||||
11 | non-certified copies of the original birth certificate | ||||||
12 | released under Section 18.1b(e), and as to a birth parent who | ||||||
13 | has prohibited release of identifying information on the | ||||||
14 | original birth certificate to the adult adopted or surrendered | ||||||
15 | person, upon the death of said birth parent.
| ||||||
16 | (c) If a registrant has completed a Medical Information | ||||||
17 | Exchange
Questionnaire and has consented to its disclosure, | ||||||
18 | that Questionnaire shall be
released to any registered party | ||||||
19 | who has indicated their desire to receive such
information on | ||||||
20 | his or her Illinois Adoption Registry Application, if
| ||||||
21 | information available to the Registry
confirms that the | ||||||
22 | consenting parties are biologically related, that the | ||||||
23 | consenting
birth relative and the child of the consenting | ||||||
24 | adoptive parents or legal
guardians are birth relatives, or | ||||||
25 | that the consenting birth relative and the deceased wife or | ||||||
26 | husband of the consenting surviving spouse are birth relatives.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-895, eff. 5-21-10.)
| ||||||
2 | (750 ILCS 50/18.1b)
| ||||||
3 | Sec. 18.1b. The Illinois Adoption Registry Application. | ||||||
4 | The Illinois
Adoption Registry Application shall substantially | ||||||
5 | include the following:
| ||||||
6 | (a) General Information. The Illinois Adoption Registry
| ||||||
7 | Application shall include the space to provide Information | ||||||
8 | about the registrant
including his or her
surname, given name | ||||||
9 | or names, social security number (optional), mailing
address, | ||||||
10 | home telephone number, gender, date and place of birth, and the | ||||||
11 | date
of registration. If applicable and known
to the | ||||||
12 | registrant, he or she may include the maiden surname of the
| ||||||
13 | birth mother, any subsequent surnames of the birth mother, the | ||||||
14 | surname of the
birth father, the given name or names of the | ||||||
15 | birth parents, the dates and
places of birth of the birth | ||||||
16 | parents, the surname and given name or names of
the adopted | ||||||
17 | person prior to adoption, the gender and date and place of | ||||||
18 | birth of
the adopted or surrendered person, the name of the | ||||||
19 | adopted person following
his or her adoption and the state and | ||||||
20 | county where the judgment of adoption was
finalized.
| ||||||
21 | (b) Medical Information Exchange Questionnaire. In | ||||||
22 | recognition of
the importance of medical information and of | ||||||
23 | recent discoveries regarding the
genetic origin of many medical | ||||||
24 | conditions and diseases all registrants shall be
asked to | ||||||
25 | voluntarily complete a Medical
Information Exchange |
| |||||||
| |||||||
1 | Questionnaire. The Medical Information Exchange Questionnaire | ||||||
2 | shall include a comprehensive check-list of medical conditions | ||||||
3 | and diseases including those of genetic origin.
| ||||||
4 | (1) For birth relatives, the Medical Information | ||||||
5 | Exchange
Questionnaire
shall
include a comprehensive | ||||||
6 | check-list of medical
conditions and diseases including | ||||||
7 | those of genetic origin. Birth relatives shall be asked to | ||||||
8 | indicate all genetically-inherited diseases
and
conditions | ||||||
9 | on this
list which are known to exist in the adopted or | ||||||
10 | surrendered person's birth
family at the time of | ||||||
11 | registration.
In addition, all birth relatives
shall be | ||||||
12 | apprised of the Registry's provisions for voluntarily | ||||||
13 | submitting
information about their and their family's | ||||||
14 | medical
histories on a confidential, ongoing basis.
| ||||||
15 | (2) Adopted and surrendered persons and their adoptive | ||||||
16 | parents, legal
guardians, adult children, and surviving | ||||||
17 | spouses shall be asked to indicate all
| ||||||
18 | genetically-inherited diseases and medical conditions with | ||||||
19 | which the adopted or
surrendered person or, if applicable, | ||||||
20 | his or her children have been diagnosed
since birth.
| ||||||
21 | (3) The Medical Information Exchange Questionnaire
| ||||||
22 | shall include a space where the registrant may authorize | ||||||
23 | the release of the
Medical Information Exchange | ||||||
24 | Questionnaire to specified registered parties and a
| ||||||
25 | disclaimer
informing registrants that the Department of | ||||||
26 | Public Health cannot guarantee the
accuracy of medical |
| |||||||
| |||||||
1 | information exchanged through the Registry.
| ||||||
2 | (c) Written statement. All registrants shall be given the
| ||||||
3 | opportunity to voluntarily file a written statement with the | ||||||
4 | Registry. This
statement
shall be submitted in the space | ||||||
5 | provided.
No written statement submitted to the Registry
shall | ||||||
6 | include identifying information pertaining to any person other | ||||||
7 | than the
registrant who submitted it.
Any such identifying | ||||||
8 | information shall be redacted by the Department or
returned for | ||||||
9 | removal of identifying information.
| ||||||
10 | (d) Exchange of information. All registrants except birth | ||||||
11 | parents may indicate their
wishes regarding contact and the | ||||||
12 | exchange of identifying and/or medical information with any | ||||||
13 | other registrant by completing an
Information Exchange | ||||||
14 | Authorization or a Denial of Information Exchange. Birth | ||||||
15 | parents may indicate their wishes regarding contact by filing a | ||||||
16 | Birth Parent Preference Form pursuant to the procedures | ||||||
17 | outlined in this Section.
| ||||||
18 | (1) Information Exchange Authorization. Adopted or | ||||||
19 | surrendered persons 21
years of age or over who are | ||||||
20 | interested in exchanging identifying and/or medical | ||||||
21 | information or would welcome contact with one or more of | ||||||
22 | their
birth relatives; birth parents
who are interested in | ||||||
23 | exchanging identifying and/or medical information or would | ||||||
24 | welcome contact with an adopted or surrendered
person 21 | ||||||
25 | years of age or over, or one or more of his or her adoptive | ||||||
26 | parents, legal guardians, adult children, or a surviving |
| |||||||
| |||||||
1 | spouse;
birth siblings 21 years of age or over who were | ||||||
2 | adopted or surrendered and who
are interested in exchanging | ||||||
3 | identifying and/or medical information or would welcome | ||||||
4 | contact with an adopted or surrendered person, or one or | ||||||
5 | more of
his or her adoptive parents, legal guardians, adult | ||||||
6 | children, or a surviving spouse; birth siblings 21 years of | ||||||
7 | age
or
over who were not surrendered and who have submitted | ||||||
8 | proof of death for any
common
birth parent
who did not file | ||||||
9 | a Denial of Information Exchange or a Birth Parent | ||||||
10 | Preference Form on which Option E was selected prior to his | ||||||
11 | or her death,
and who are interested in exchanging | ||||||
12 | identifying and/or medical information or would welcome | ||||||
13 | contact with an adopted or surrendered person, or one or
| ||||||
14 | more of his or her adoptive parents,
legal guardians, adult | ||||||
15 | children, or a surviving spouse; birth aunts and birth | ||||||
16 | uncles 21 years of age or over who have submitted birth | ||||||
17 | certificates for themselves and a deceased birth parent | ||||||
18 | naming at least one common biological parent as well as | ||||||
19 | proof of death for a deceased birth parent and who are | ||||||
20 | interested in exchanging identifying and/or medical | ||||||
21 | information or would welcome contact with an adopted or | ||||||
22 | surrendered person 21 years of age or over, or one or more | ||||||
23 | of his or her adoptive parents, legal guardians, adult | ||||||
24 | children or a surviving spouse;
adoptive parents or
legal | ||||||
25 | guardians of
adopted or surrendered persons under the age | ||||||
26 | of 21 who are interested in exchanging identifying and/or |
| |||||||
| |||||||
1 | medical information or would welcome
contact with one or | ||||||
2 | more of the adopted or surrendered person's birth | ||||||
3 | relatives; adoptive parents and legal guardians of | ||||||
4 | deceased adopted or surrendered persons 21 years of age or | ||||||
5 | over who have submitted proof of death for a deceased | ||||||
6 | adopted or surrendered person who did not file a Denial of | ||||||
7 | Information Exchange prior to his or her death and who are | ||||||
8 | interested in exchanging identifying and/or medical | ||||||
9 | information or would welcome contact with one or more of | ||||||
10 | the adopted or surrendered person's birth relatives; adult | ||||||
11 | children of deceased adopted or surrendered persons who | ||||||
12 | have submitted a birth certificate naming the adopted or | ||||||
13 | surrendered person as their biological parent and proof of | ||||||
14 | death for an adopted or surrendered person who did not file | ||||||
15 | a Denial of Information Exchange prior to his or her death; | ||||||
16 | and surviving spouses of deceased adopted or surrendered | ||||||
17 | persons who have submitted a marriage certificate naming an | ||||||
18 | adopted or surrendered person as their deceased wife or | ||||||
19 | husband and proof of death for an adopted or surrendered | ||||||
20 | person who did not file a Denial of Information Exchange | ||||||
21 | prior to his or her death and who are interested in | ||||||
22 | exchanging identifying and/or medical information or would | ||||||
23 | welcome contact with one or more of the adopted or | ||||||
24 | surrendered person's birth relatives may specify with whom | ||||||
25 | they
wish to exchange identifying information by
filing an | ||||||
26 | Information Exchange Authorization.
|
| |||||||
| |||||||
1 | (2) Denial of Information Exchange. Adopted or | ||||||
2 | surrendered persons 21
years of age or over who do not wish | ||||||
3 | to exchange identifying information or establish contact | ||||||
4 | with one or
more of their birth relatives may specify
with | ||||||
5 | whom they do not wish to exchange
identifying information | ||||||
6 | or do not wish to establish contact by filing a Denial of
| ||||||
7 | Information Exchange. Birth relatives other than birth | ||||||
8 | parents who do not wish to
establish contact with an
| ||||||
9 | adopted or surrendered person or one or more of his or her | ||||||
10 | adoptive parents,
legal guardians, or adult children may | ||||||
11 | specify with whom they do not wish to exchange identifying
| ||||||
12 | information or do not wish to establish contact by filing a | ||||||
13 | Denial of Information Exchange. Birth parents who wish to | ||||||
14 | prohibit the release of their identifying information on | ||||||
15 | the original birth certificate released to an adult adopted | ||||||
16 | or surrendered person who was born after January 1, 1946, | ||||||
17 | or to the surviving adult child or surviving spouse of a | ||||||
18 | deceased adopted or surrendered person who was born after | ||||||
19 | January 1, 1946, may do so by filing a Denial with the | ||||||
20 | Registry on or before December 31, 2010. As of January 1, | ||||||
21 | 2011, birth parents who wish to prohibit the release of | ||||||
22 | identifying information on the non-certified copy of the | ||||||
23 | original birth certificate released to an adult adopted | ||||||
24 | surrendered person or to the surviving adult child or | ||||||
25 | surviving spouse of a deceased adopted or surrendered | ||||||
26 | person may do so by selecting Option E on a Birth Parent |
| |||||||
| |||||||
1 | Preference Form and filing the Form with the Registry. | ||||||
2 | Adoptive parents or
legal guardians of adopted or | ||||||
3 | surrendered persons under the age of 21 who do
not wish to | ||||||
4 | establish contact with one or more of the adopted or
| ||||||
5 | surrendered person's birth relatives may specify with whom | ||||||
6 | they
do not wish to exchange identifying
information by | ||||||
7 | filing a Denial of Information Exchange. Adoptive parents, | ||||||
8 | adult children, and surviving spouses of deceased adoptees | ||||||
9 | who do not wish to exchange identifying information or | ||||||
10 | establish contact with one or more of the adopted or | ||||||
11 | surrendered person's birth relatives may specify with whom | ||||||
12 | they do not wish to exchange identifying information or do | ||||||
13 | not wish to establish contact by filing a Denial of | ||||||
14 | Information Exchange.
| ||||||
15 | (3) Birth Parent Preference Form. Beginning January 1, | ||||||
16 | 2011, birth parents who are eligible to register with the | ||||||
17 | Illinois Adoption Registry and Medical Information | ||||||
18 | Exchange and whose birth child was born on or after January | ||||||
19 | 1, 1946 may who wish to communicate their wishes regarding | ||||||
20 | contact or may prohibit and/or the release of their | ||||||
21 | identifying information on the non-certified copy of the | ||||||
22 | original birth certificate released under subsection (e) | ||||||
23 | of this Section by filing to an adult adopted or | ||||||
24 | surrendered person or the surviving adult child or | ||||||
25 | surviving spouse of a deceased adopted or surrendered | ||||||
26 | person who has requested a copy of the adopted or |
| |||||||
| |||||||
1 | surrendered person's original birth certificate by filing | ||||||
2 | a Request for a Non-Certified Copy of an Original Birth | ||||||
3 | Certificate pursuant to subsection (e) of this Section, may | ||||||
4 | file a Birth Parent Preference Form with the Registry. | ||||||
5 | Birth parents whose birth child was born before January 1, | ||||||
6 | 1946, may communicate their wishes regarding contact by | ||||||
7 | completing a Birth Parent Preference Form, selecting | ||||||
8 | Option A, B, C, or D, and filing the form with the | ||||||
9 | Registry, but may not prohibit the release of identifying | ||||||
10 | information. All Birth Parent Preference Forms on file with | ||||||
11 | the Registry at the time of receipt of a Request for a | ||||||
12 | Non-Certified Copy of an Original Birth Certificate from an | ||||||
13 | adult adopted or surrendered person or the surviving adult | ||||||
14 | child or surviving spouse of a deceased adopted or | ||||||
15 | surrendered person shall be forwarded to the relevant | ||||||
16 | adopted or surrendered person or surviving adult child or | ||||||
17 | surviving spouse of a deceased adopted or surrendered | ||||||
18 | person along with a non-certified copy of the adopted or | ||||||
19 | surrendered person's original birth certificate as | ||||||
20 | outlined in subsection (e) of this Section. | ||||||
21 | (e) Procedures for requesting a non-certified copy of an | ||||||
22 | original birth certificate by an adult adopted or surrendered | ||||||
23 | person or by a surviving adult child or surviving spouse of a | ||||||
24 | deceased adopted or surrendered person: | ||||||
25 | (1) On or after the effective date of this amendatory | ||||||
26 | Act of the 96th General Assembly, any adult adopted or |
| |||||||
| |||||||
1 | surrendered person who was born in Illinois prior to | ||||||
2 | January 1, 1946, may complete and file with the Registry a | ||||||
3 | Request for a Non-Certified Copy of an Original Birth | ||||||
4 | Certificate. The Registry shall provide such adult adopted | ||||||
5 | or surrendered person with an unaltered, non-certified | ||||||
6 | copy of his or her original birth certificate upon receipt | ||||||
7 | of the Request for a Non-Certified Copy of an Original | ||||||
8 | Birth Certificate. Additionally, in cases where an adopted | ||||||
9 | or surrendered person born in Illinois prior to January 1, | ||||||
10 | 1946, is deceased, and one of his or her surviving adult | ||||||
11 | children or his or her surviving spouse has registered with | ||||||
12 | the Registry, he or she may complete and file with the | ||||||
13 | Registry a Request for a Non-Certified Copy of an Original | ||||||
14 | Birth Certificate. The Registry shall provide such | ||||||
15 | surviving adult child or surviving spouse with an | ||||||
16 | unaltered, non-certified copy of the adopted or | ||||||
17 | surrendered person's original birth certificate upon | ||||||
18 | receipt of the Request for a Non-Certified Copy of an | ||||||
19 | Original Birth Certificate. | ||||||
20 | (2) Beginning November 15, 2011, any adult adopted or | ||||||
21 | surrendered person who was born in Illinois on or after | ||||||
22 | January 1, 1946, may complete and file with the Registry a | ||||||
23 | Request for a Non-certified Copy of an Original Birth | ||||||
24 | Certificate. Additionally, in cases where the adopted or | ||||||
25 | surrendered person is deceased and one of his or her | ||||||
26 | surviving adult children or his or her surviving spouse has |
| |||||||
| |||||||
1 | registered with the Registry, he or she may complete and | ||||||
2 | file with the Registry a Request for a Non-Certified Copy | ||||||
3 | of an Original Birth Certificate.
Upon receipt of such | ||||||
4 | request from an adult adopted or surrendered person or from | ||||||
5 | one of his or her surviving adult children or his or her | ||||||
6 | surviving spouse, the Registry shall: | ||||||
7 | (i) Determine if there is a Denial of Information | ||||||
8 | Exchange which was filed by a birth parent named on the | ||||||
9 | original birth certificate prior to January 1, 2011. If | ||||||
10 | a Denial was filed by a birth parent named on the | ||||||
11 | original birth certificate prior to January 1, 2011, | ||||||
12 | and there is no proof of death in the Registry file for | ||||||
13 | the birth parent who filed said Denial, the Registry | ||||||
14 | shall inform the requesting adult adopted or | ||||||
15 | surrendered person or the requesting surviving adult | ||||||
16 | child or surviving spouse of a deceased adopted or | ||||||
17 | surrendered person that they may receive a | ||||||
18 | non-certified copy of the original birth certificate | ||||||
19 | from which all identifying information pertaining to | ||||||
20 | the birth parent who filed the Denial has been | ||||||
21 | redacted. A requesting adult adopted or surrendered | ||||||
22 | person shall also be informed in writing of his or her | ||||||
23 | right to petition the court for the appointment of a | ||||||
24 | confidential intermediary pursuant to Section 18.3a of | ||||||
25 | this Act and, if applicable, to conduct a search | ||||||
26 | through an agency post-adoption search program once 5 |
| |||||||
| |||||||
1 | years have elapsed since the birth parent filed the | ||||||
2 | Denial of Information Exchange with the Registry. | ||||||
3 | (ii) Determine if a birth parent named on the | ||||||
4 | original birth certificate has filed a Birth Parent | ||||||
5 | Preference Form. If one of the birth parents named on | ||||||
6 | the original birth certificate filed a Birth Parent | ||||||
7 | Preference Form and selected Option A, B, C, or D, the | ||||||
8 | Registry shall forward to the adult adopted or | ||||||
9 | surrendered person or to the surviving adult child or | ||||||
10 | surviving spouse of a deceased adopted or surrendered | ||||||
11 | person a copy of the Birth Parent Preference Form along | ||||||
12 | with an unaltered non-certified copy of his or her | ||||||
13 | original birth certificate .
If one of the birth parents | ||||||
14 | named on the original birth certificate filed a Birth | ||||||
15 | Parent Preference Form and selected Option E, and there | ||||||
16 | is no proof of death in the Registry file for the birth | ||||||
17 | parent who filed said Birth Parent Preference Form, the | ||||||
18 | Registry shall inform the requesting adult adopted or | ||||||
19 | surrendered person or the requesting surviving adult | ||||||
20 | child or surviving spouse of a deceased adopted or | ||||||
21 | surrendered person that he or she may receive a | ||||||
22 | non-certified copy of the original birth certificate | ||||||
23 | from which identifying information pertaining to the | ||||||
24 | birth parent who completed the Birth Parent Preference | ||||||
25 | Form has been redacted per the birth parent's | ||||||
26 | specifications on the Form. The Registry shall forward |
| |||||||
| |||||||
1 | to the adult adopted or surrendered person or to the | ||||||
2 | surviving adult child or surviving spouse of a deceased | ||||||
3 | adopted or surrendered person a copy of the Birth | ||||||
4 | Parent Preference Form filed by the birth parent from | ||||||
5 | which identifying information has been redacted per | ||||||
6 | the birth parent's specifications on the Form. The | ||||||
7 | requesting adult adopted or surrendered person shall | ||||||
8 | also be informed in writing of his or her right to | ||||||
9 | petition the court for the appointment of a | ||||||
10 | confidential intermediary pursuant to Section 18.3a of | ||||||
11 | this Act, and, if applicable, to conduct a search | ||||||
12 | through an agency post-adoption search program once 5 | ||||||
13 | years have elapsed since the birth parent filed the | ||||||
14 | Birth Parent Preference Form, on which Option E was | ||||||
15 | selected, with the Registry. | ||||||
16 | (iii) Determine if a birth parent named on the | ||||||
17 | original birth certificate has filed an Information | ||||||
18 | Exchange Authorization. | ||||||
19 | (iv) If the Registry has confirmed that a | ||||||
20 | requesting adult adopted or surrendered person or the | ||||||
21 | parent of a requesting adult child of a deceased | ||||||
22 | adopted or surrendered person or the husband or wife of | ||||||
23 | a requesting surviving spouse was not the object of a | ||||||
24 | Denial of Information Exchange filed by a birth parent | ||||||
25 | on or before December 31, 2010, and that no birth | ||||||
26 | parent named on the original birth certificate has |
| |||||||
| |||||||
1 | filed a Birth Parent Preference Form where Option E was | ||||||
2 | selected prior to the receipt of a Request for a | ||||||
3 | Non-Certified Copy of an Original Birth Certificate, | ||||||
4 | the Registry shall provide the adult adopted or | ||||||
5 | surrendered person or his or her surviving adult child | ||||||
6 | or surviving spouse with an unaltered non-certified | ||||||
7 | copy of the adopted or surrendered person's original | ||||||
8 | birth certificate. | ||||||
9 | (3) In cases where the Registry receives a Birth Parent | ||||||
10 | Preference Form from a birth parent subsequent to the | ||||||
11 | release of the non-certified copy of the original birth | ||||||
12 | certificate to an adult adopted or surrendered person or to | ||||||
13 | the surviving adult child or surviving spouse of a deceased | ||||||
14 | adopted or surrendered person, the Birth Parent Preference | ||||||
15 | Form shall be immediately forwarded to the adult adopted or | ||||||
16 | surrendered person or to the surviving adult child or | ||||||
17 | surviving spouse of the deceased adopted or surrendered | ||||||
18 | person and the birth parent who filed the form shall be | ||||||
19 | informed that the relevant original birth certificate has | ||||||
20 | already been released. | ||||||
21 | (4) A copy of the original birth certificate shall only | ||||||
22 | be released to adopted or surrendered persons who were born | ||||||
23 | in Illinois; to surviving adult children or surviving | ||||||
24 | spouses of deceased adopted or surrendered persons who were | ||||||
25 | born in Illinois; or to 2 registered parties who have both | ||||||
26 | consented to the release of a non-certified copy of the |
| |||||||
| |||||||
1 | original birth certificate to one another through the | ||||||
2 | Registry when the birth of the relevant adopted or | ||||||
3 | surrendered person took place in Illinois. | ||||||
4 | (5) In cases where the Registry receives a Request for | ||||||
5 | a Non-Certified Copy of an Original Birth Certificate from | ||||||
6 | an adult adopted or surrendered person who has not | ||||||
7 | completed a Registry application and the file of that | ||||||
8 | adopted or surrendered person includes an Information | ||||||
9 | Exchange Authorization , Birth Parent Preference Form, or | ||||||
10 | Medical Information Exchange Questionnaire from one or | ||||||
11 | more of his or her birth relatives, the Registry shall so | ||||||
12 | inform the adult adopted or surrendered person and forward | ||||||
13 | Registry application forms to him or her along with a | ||||||
14 | non-certified copy of the original birth certificate | ||||||
15 | consistent with the procedures outlined in this subsection | ||||||
16 | (e). | ||||||
17 | (6) In cases where a birth parent registered with the | ||||||
18 | Registry and filed a Medical Information Exchange | ||||||
19 | Questionnaire prior to the effective date of this | ||||||
20 | amendatory Act of the 96th General Assembly but gave no | ||||||
21 | indication as to his or her wishes regarding contact or the | ||||||
22 | sharing of identifying information, the Registry shall | ||||||
23 | contact the birth parent by written letter prior to January | ||||||
24 | 1, 2011, and provide him or her with the opportunity to | ||||||
25 | indicate his or her preference regarding contact and the | ||||||
26 | sharing of identifying information by submitting a Birth |
| |||||||
| |||||||
1 | Parent Preference Form to the Registry prior to November 1, | ||||||
2 | 2011. | ||||||
3 | (7) In cases where the Registry cannot locate a copy of | ||||||
4 | the original birth certificate in the Registry file, they | ||||||
5 | shall be authorized to request a copy of the original birth | ||||||
6 | certificate from the Illinois county where the birth took | ||||||
7 | place for placement in the Registry file. | ||||||
8 | (8) Adopted and surrendered persons who wish to have | ||||||
9 | their names placed with the Illinois Adoption Registry and | ||||||
10 | Medical Information Exchange may do so by completing a | ||||||
11 | Registry application at any time, but completing a Registry | ||||||
12 | application shall not be required for adopted and | ||||||
13 | surrendered persons who seek only to obtain a copy of their | ||||||
14 | original birth certificate or any relevant Birth Parent | ||||||
15 | Preference Forms through the Registry. | ||||||
16 | (9) In cases where a birth parent filed a Denial of | ||||||
17 | Information Exchange with the Registry prior to January 1, | ||||||
18 | 2011, or filed a Birth Parent Preference Form with the | ||||||
19 | Registry and selected Option E after January 1, 2011, and a | ||||||
20 | proof of death for the birth parent who filed the Denial or | ||||||
21 | the Birth Parent Preference Form has been filed with the | ||||||
22 | Registry by either a confidential intermediary , or a | ||||||
23 | surviving relative of the deceased birth parent, or a birth | ||||||
24 | child of the deceased birth parent, the Registry shall be | ||||||
25 | authorized to release an unaltered non-certified copy of | ||||||
26 | the original birth certificate to an adult adopted or |
| |||||||
| |||||||
1 | surrendered person or to the surviving adult child or | ||||||
2 | surviving spouse of a deceased adopted or surrendered | ||||||
3 | person who has filed a Request for a Non-Certified Copy of | ||||||
4 | the Original Birth Certificate with the Registry. | ||||||
5 | (10) On and after the effective date of this amendatory | ||||||
6 | Act of the 96th General Assembly, in cases where all birth | ||||||
7 | parents named on the original birth certificate of an | ||||||
8 | adopted or surrendered person born after January 1, 1946, | ||||||
9 | are deceased and copies of death certificates for all birth | ||||||
10 | parents named on the original birth certificate have been | ||||||
11 | filed with the Registry by either a confidential | ||||||
12 | intermediary , or a surviving relative of the deceased birth | ||||||
13 | parent, or a birth child of the deceased birth parent, the | ||||||
14 | Registry shall be authorized to release a non-certified | ||||||
15 | copy of the original birth certificate to the adopted or | ||||||
16 | surrendered person upon receipt of his or her Request for a | ||||||
17 | Non-Certified Copy of an Original Birth Certificate. | ||||||
18 | (f) A registrant may complete all or any part of the | ||||||
19 | Illinois Adoption
Registry Application. All Illinois Adoption | ||||||
20 | Registry Applications, Information
Exchange
Authorizations, | ||||||
21 | Denials of Information Exchange, requests to revoke an
| ||||||
22 | Information
Exchange Authorization or Denial of Information | ||||||
23 | Exchange, Birth Parent Preference Forms, and affidavits
| ||||||
24 | submitted
to the Registry shall be
accompanied by proof of | ||||||
25 | identification.
| ||||||
26 | (Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| ||||||
2 | Sec. 18.2. Forms.
| ||||||
3 | (a) The Department shall develop the Illinois Adoption | ||||||
4 | Registry forms as provided in this Section. The General | ||||||
5 | Assembly shall reexamine the content of the form as requested | ||||||
6 | by the Department, in consultation with the Registry Advisory | ||||||
7 | Council. The form of the Birth Parent Registration
| ||||||
8 | Identification Form shall be substantially as follows:
| ||||||
9 | BIRTH PARENT REGISTRATION IDENTIFICATION
| ||||||
10 | (Insert all known information)
| ||||||
11 | I, ....., state that I am the ...... (mother or father) of the
| ||||||
12 | following child:
| ||||||
13 | Child's original name: ..... (first) ..... (middle) ..... | ||||||
14 | (last),
..... (hour of birth), ..... (date of birth), | ||||||
15 | ..... (city and state of
birth), ..... (name of | ||||||
16 | hospital).
| ||||||
17 | Father's full name: ...... (first) ...... (middle) ..... | ||||||
18 | (last),
..... (date of birth), ..... (city and state of | ||||||
19 | birth).
| ||||||
20 | Name of mother inserted on birth certificate: ..... (first) | ||||||
21 | .....
(middle) ..... (last), ..... (race), ..... (date | ||||||
22 | of birth), ......
(city and state of birth).
| ||||||
23 | That I surrendered my child to: ............. (name of agency), | ||||||
24 | .....
(city and state of agency), ..... (approximate date | ||||||
25 | child surrendered).
|
| |||||||
| |||||||
1 | That I placed my child by private adoption: ..... (date),
| ||||||
2 | ...... (city
and state).
| ||||||
3 | Name of adoptive parents, if known: ......
| ||||||
4 | Other identifying information: .....
| ||||||
5 | ........................
| ||||||
6 | (Signature of parent)
| ||||||
7 | ............ ........................
| ||||||
8 | (date) (printed name of parent)
| ||||||
9 | (b) The form of the Adopted Person
Registration | ||||||
10 | Identification shall be substantially
as follows:
| ||||||
11 | ADOPTED PERSON
| ||||||
12 | REGISTRATION IDENTIFICATION
| ||||||
13 | (Insert all known information)
| ||||||
14 | I, ....., state the following:
| ||||||
15 | Adopted Person's present name: ..... (first) ..... | ||||||
16 | (middle)
..... (last).
| ||||||
17 | Adopted Person's name at birth (if known): ..... (first)
| ||||||
18 | ..... (middle) .....
(last), ..... (birth date), ..... | ||||||
19 | (city and state of birth), ......
(sex), ..... (race).
| ||||||
20 | Name of adoptive father: ..... (first) ..... (middle) ..... | ||||||
21 | (last), .....
(race).
| ||||||
22 | Maiden name of adoptive mother: ..... (first) ..... | ||||||
23 | (middle) .....
(last), ..... (race).
| ||||||
24 | Name of birth mother (if known): ..... (first) .....
| ||||||
25 | (middle)
..... (last), ..... (race).
|
| |||||||
| |||||||
1 | Name of birth father (if known): ..... (first) .....
| ||||||
2 | (middle)
..... (last), ..... (race).
| ||||||
3 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
4 | with adoptee
(if known): ..... (first) ..... (middle) | ||||||
5 | ..... (last), ..... (race), and name
of common birth | ||||||
6 | parent: ..... (first) ..... (middle) .....
(last),
| ||||||
7 | ..... (race).
| ||||||
8 | I was adopted through: ..... (name of agency).
| ||||||
9 | I was adopted privately: ..... (state "yes" if known).
| ||||||
10 | I was adopted in ..... (city and state), ..... (approximate | ||||||
11 | date).
| ||||||
12 | Other identifying information: .............
| ||||||
13 | ......................
| ||||||
14 | (signature of adoptee)
| ||||||
15 | ........... .........................
| ||||||
16 | (date) (printed name of adoptee)
| ||||||
17 | (c) The form of the Surrendered Person Registration | ||||||
18 | Identification shall be
substantially as follows:
| ||||||
19 | SURRENDERED PERSON REGISTRATION
| ||||||
20 | IDENTIFICATION
| ||||||
21 | (Insert all known information)
| ||||||
22 | I, ....., state the following:
| ||||||
23 | Surrendered Person's present name: ..... (first) .....
| ||||||
24 | (middle) ..... (last).
| ||||||
25 | Surrendered Person's name at birth (if known): ..... |
| |||||||
| |||||||
1 | (first)
.....
(middle) ..... (last), .....(birth | ||||||
2 | date), ..... (city and state of
birth), ...... (sex), | ||||||
3 | ..... (race).
| ||||||
4 | Name of guardian father: ..... (first) ..... (middle) ..... | ||||||
5 | (last), .....
(race).
| ||||||
6 | Maiden name of guardian mother: ..... (first) ..... | ||||||
7 | (middle) .....
(last), ..... (race).
| ||||||
8 | Name of birth mother (if known): ..... (first) .....
| ||||||
9 | (middle) .....
(last) ..... (race).
| ||||||
10 | Name of birth father (if known): ..... (first) .....
| ||||||
11 | (middle) .....
(last), .....(race).
| ||||||
12 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
13 | with surrendered person
(if known): ..... (first) | ||||||
14 | ..... (middle) ..... (last), ..... (race), and name
of | ||||||
15 | common birth parent: ..... (first) ..... (middle) | ||||||
16 | .....
(last),
..... (race).
| ||||||
17 | I was surrendered for adoption to: ..... (name of agency).
| ||||||
18 | I was surrendered for adoption in ..... (city and state), ..... | ||||||
19 | (approximate
date).
| ||||||
20 | Other identifying information: ............
| ||||||
21 | ................................
| ||||||
22 | (signature of surrendered person)
| ||||||
23 | ............ ......................
| ||||||
24 | (date) (printed name of person
| ||||||
25 | surrendered for adoption)
|
| |||||||
| |||||||
1 | (c-3) The form of the Registration Identification Form for | ||||||
2 | Surviving Relatives of Deceased Birth Parents shall be | ||||||
3 | substantially as follows:
| ||||||
4 | REGISTRATION IDENTIFICATION FORM
| ||||||
5 | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| ||||||
6 | (Insert all known information)
| ||||||
7 | I, ....., state the following:
| ||||||
8 | Name of deceased birth parent at time of surrender:
| ||||||
9 | Deceased birth parent's date of birth:
| ||||||
10 | Deceased birth parent's date of death:
| ||||||
11 | Adopted or surrendered person's name at birth (if known): | ||||||
12 | .....(first) ..... (middle) ..... (last), .....(birth | ||||||
13 | date), ..... (city and state of birth), ...... (sex), | ||||||
14 | ..... (race).
| ||||||
15 | My relationship to the adopted or surrendered person (check | ||||||
16 | one): (birth parent's non-surrendered child) (birth parent's | ||||||
17 | sister) (birth parent's brother).
| ||||||
18 | If you are a non-surrendered child of the birth parent, provide | ||||||
19 | name(s) at birth and age(s) of non-surrendered siblings having | ||||||
20 | a common parent with the birth parent. If more than one | ||||||
21 | sibling, please give information requested below on reverse | ||||||
22 | side of this form. If you are a sibling or parent of the birth | ||||||
23 | parent, provide name(s) at birth and age(s) of the sibling(s) | ||||||
24 | of the birth parent. If more than one sibling, please give | ||||||
25 | information requested below on reverse side of this form.
|
| |||||||
| |||||||
1 | Name (First) ..... (middle) ..... (last), .....(birth | ||||||
2 | date), ..... (city and state of birth), ...... (sex), | ||||||
3 | ..... (race).
| ||||||
4 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
5 | (last), .....(race), (first) ..... (middle) ..... | ||||||
6 | (last), .....(race).
| ||||||
7 | My birth sibling/child of my brother/child of my sister/ was | ||||||
8 | surrendered for adoption to ..... (name of agency) City and | ||||||
9 | state of agency ..... Date .....(approximate) Other | ||||||
10 | identifying information ..... (Please note that you must: (i) | ||||||
11 | be at least 21 years of age to register; (ii) submit with your | ||||||
12 | registration a certified copy of the birth parent's birth | ||||||
13 | certificate; (iii) submit a certified copy of the birth | ||||||
14 | parent's death certificate; and (iv) if you are a | ||||||
15 | non-surrendered birth sibling or a sibling of the deceased | ||||||
16 | birth parent, also submit a certified copy of your birth | ||||||
17 | certificate with this registration. No application from a | ||||||
18 | surviving relative of a deceased birth parent can be accepted | ||||||
19 | if the birth parent filed a Denial of Information Exchange | ||||||
20 | prior to his or her death.)
| ||||||
21 | ................................
| ||||||
22 | (signature of birth parent's surviving relative)
| ||||||
23 | ............ ............ | ||||||
24 | (date) (printed name of birth | ||||||
25 | parent's surviving relative) |
| |||||||
| |||||||
1 | (c-5) The form of the Registration Identification Form for | ||||||
2 | Surviving Relatives of Deceased Adopted or Surrendered Persons | ||||||
3 | shall be substantially as follows:
| ||||||
4 | REGISTRATION IDENTIFICATION FORM FOR
| ||||||
5 | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||||||
6 | (Insert all known information)
| ||||||
7 | I, ....., state the following:
| ||||||
8 | Adopted or surrendered person's name at birth (if known): | ||||||
9 | (first) ..... (middle) ..... (last), .....(birth | ||||||
10 | date), ..... (city and state of birth), ...... (sex), | ||||||
11 | ..... (race). | ||||||
12 | Adopted or surrendered person's date of death:
| ||||||
13 | My relationship to the deceased adopted or surrendered | ||||||
14 | person(check one): (adoptive mother) (adoptive father) (adult | ||||||
15 | child) (surviving spouse).
| ||||||
16 | If you are an adult child or surviving spouse of the adopted or | ||||||
17 | surrendered person, provide name(s) at birth and age(s) of the | ||||||
18 | children of the adopted or surrendered person. If the adopted | ||||||
19 | or surrendered person had more than one child, please give | ||||||
20 | information requested below on reverse side of this form. | ||||||
21 | Name (first) ..... (middle) ..... (last), .....(birth | ||||||
22 | date), ..... (city and state of birth), ...... (sex), | ||||||
23 | ..... (race). | ||||||
24 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
25 | (last), .....(race), (first) ..... (middle) ..... |
| |||||||
| |||||||
1 | (last), .....(race).
| ||||||
2 | My child/parent/deceased spouse was surrendered for | ||||||
3 | adoption to .....(name of agency) City and state of agency | ||||||
4 | ..... Date ..... (approximate) Other identifying | ||||||
5 | information ..... (Please note that you must: (i) be at | ||||||
6 | least 21 years of age to register; (ii) submit with your | ||||||
7 | registration a certified copy of the adopted or surrendered | ||||||
8 | person's death certificate; (iii) if you are the child of a | ||||||
9 | deceased adopted or surrendered person, also submit a | ||||||
10 | certified copy of your birth certificate with this | ||||||
11 | registration; and (iv) if you are the surviving wife or | ||||||
12 | husband of a deceased adopted or surrendered person, also | ||||||
13 | submit a copy of your marriage certificate with this | ||||||
14 | registration. No application from a surviving relative of a | ||||||
15 | deceased adopted or surrendered person can be accepted if | ||||||
16 | the adopted or surrendered person filed a Denial of | ||||||
17 | Information Exchange prior to his or her death.)
| ||||||
18 | ................................
| ||||||
19 | (signature of adopted or surrendered person's surviving
| ||||||
20 | relative)
| ||||||
21 | ............ ............ | ||||||
22 | (date) (printed name of adopted
| ||||||
23 | person's surviving relative)
|
| |||||||
| |||||||
1 | (d) The form of the Information Exchange Authorization | ||||||
2 | shall be
substantially
as follows:
| ||||||
3 | INFORMATION EXCHANGE AUTHORIZATION
| ||||||
4 | I, ....., state that I am the person who completed the | ||||||
5 | Registration
Identification; that I am of the age of ..... | ||||||
6 | years; that I hereby
authorize the Department of Public Health | ||||||
7 | to give to the following person(s)
(birth mother
)
(birth | ||||||
8 | father) (birth sibling) (adopted or surrendered person
) | ||||||
9 | (adoptive mother) (adoptive father) (legal guardian of an | ||||||
10 | adopted or surrendered person) (birth aunt) (birth uncle) | ||||||
11 | (adult child of a deceased adopted or surrendered person) | ||||||
12 | (surviving spouse of a deceased adopted or surrendered person) | ||||||
13 | (all eligible relatives) the following
(please check the
| ||||||
14 | information
authorized for exchange):
| ||||||
15 | [ ] 1. Only my name and last known address.
| ||||||
16 | [ ] 2. A copy of my Illinois Adoption Registry | ||||||
17 | Application.
| ||||||
18 | [ ] 3. A non-certified copy of the adopted or | ||||||
19 | surrendered person's original certificate of live birth | ||||||
20 | (check only if you are an adopted or surrendered person or | ||||||
21 | the surviving adult child or surviving spouse of a deceased | ||||||
22 | adopted or surrendered person).
| ||||||
23 | [ ] 4. A copy of my completed medical questionnaire.
| ||||||
24 | I am fully aware that I can only be supplied with
| ||||||
25 | information about an individual or individuals who have
duly
| ||||||
26 | executed an Information Exchange Authorization that
has
not |
| |||||||
| |||||||
1 | been revoked or, if I am an adopted or surrendered person, from | ||||||
2 | a birth parent who completed a Birth Parent Preference Form and | ||||||
3 | did not prohibit the release of his or her identity to me; that | ||||||
4 | I can be contacted by writing to: ..... (own name or
name of | ||||||
5 | person to contact) (address) (phone number).
| ||||||
6 | NOTE: New IARMIE registrants who do not complete a Medical | ||||||
7 | Information Exchange Questionnaire and release a copy of their | ||||||
8 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
9 | registration fee. | ||||||
10 | Dated (insert date).
| ||||||
11 | .............. | ||||||
12 | (signature)
| ||||||
13 | (e) The form of the Denial of Information Exchange shall be
| ||||||
14 | substantially as follows:
| ||||||
15 | DENIAL OF INFORMATION EXCHANGE
| ||||||
16 | I, ....., state that I am the person who completed the | ||||||
17 | Registration
Identification; that I am of the age of ..... | ||||||
18 | years; that I hereby
instruct the Department of Public Health | ||||||
19 | not to give any identifying
information about me to the | ||||||
20 | following person(s)
(birth mother) (birth father) (birth | ||||||
21 | sibling)(adopted or surrendered person)(adoptive mother) | ||||||
22 | (adoptive father)(legal guardian of an adopted or surrendered | ||||||
23 | person)(birth aunt)(birth uncle)(adult child of a deceased | ||||||
24 | adopted or surrendered person) (surviving spouse of a deceased | ||||||
25 | adopted or surrendered person) (all eligible relatives). |
| |||||||
| |||||||
1 | IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER | ||||||
2 | JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH | ||||||
3 | PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH | ||||||
4 | CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH | ||||||
5 | PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING | ||||||
6 | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT | ||||||
7 | ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT | ||||||
8 | PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A | ||||||
9 | BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH | ||||||
10 | OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING | ||||||
11 | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN | ||||||
12 | ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT | ||||||
13 | CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED | ||||||
14 | PERSON.
| ||||||
15 | I do/do not (circle appropriate response) authorize the | ||||||
16 | Registry to release a copy of my completed Medical Information | ||||||
17 | Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||||||
18 | New IARMIE registrants who do not complete a Medical | ||||||
19 | Information Exchange Questionnaire and release a copy of their | ||||||
20 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
21 | registration fee.
Birth parents filing a Denial of Information | ||||||
22 | Exchange are advised that, under Illinois law, an adult adopted | ||||||
23 | person may initiate a search for a birth parent who has filed a | ||||||
24 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
25 | on which Option E was selected through the State confidential | ||||||
26 | intermediary program once 5 years have elapsed since the filing |
| |||||||
| |||||||
1 | of the Denial of Information Exchange or Birth Parent | ||||||
2 | Preference Form .
| ||||||
3 | Dated (insert date).
| ||||||
4 | ............... | ||||||
5 | (signature)
| ||||||
6 | (f) The form of the Birth Parent Preference Form shall be | ||||||
7 | substantially as follows: | ||||||
8 | In recognition of the basic right of all persons to access | ||||||
9 | their birth records, Illinois law now provides for the release | ||||||
10 | of original birth certificates to adopted and surrendered | ||||||
11 | persons 21 years of age or older upon request. While many birth | ||||||
12 | parents are comfortable sharing their identities or initiating | ||||||
13 | contact with their birth sons and daughters once they have | ||||||
14 | reached adulthood, Illinois law also recognizes that there may | ||||||
15 | be unique situations where a birth parent might have a | ||||||
16 | compelling reason for not wishing to establish contact with a | ||||||
17 | birth son or birth daughter or for not wishing to release | ||||||
18 | identifying information that appears on the original birth | ||||||
19 | certificate of a birth son or birth daughter who has reached | ||||||
20 | adulthood. The Illinois Adoption Registry and Medical | ||||||
21 | Information Exchange (IARMIE) has therefore established the | ||||||
22 | attached this form to allow birth parents whose birth son or | ||||||
23 | daughter was born on or after January 1, 1946, to express their | ||||||
24 | preferences wishes regarding contact ; and , if their birth child | ||||||
25 | was born on or after January 1, 1946, to express their wishes |
| |||||||
| |||||||
1 | regarding the sharing of identifying information listed on the | ||||||
2 | original birth certificate with an adult adopted or surrendered | ||||||
3 | person who has reached the age of 21 or his or her surviving | ||||||
4 | relatives . | ||||||
5 | In selecting one of the 5 options below, birth parents | ||||||
6 | should keep in mind that the decision to deny an adult adopted | ||||||
7 | or surrendered person access to identifying information on his | ||||||
8 | or her original birth record and/or information about | ||||||
9 | genetically-transmitted diseases is an important decision one | ||||||
10 | that may can impact the adopted or surrendered person's life in | ||||||
11 | many ways. A request for anonymity on this form only pertains | ||||||
12 | to information that is provided to an adult adopted or | ||||||
13 | surrendered person or his or her surviving relatives through | ||||||
14 | the Registry . This will and does not prevent the disclosure of | ||||||
15 | identifying information that may be available to the adoptee | ||||||
16 | through his or her adoptive parents and/or other means | ||||||
17 | available to him or her. Birth parents who would prefer not to | ||||||
18 | be contacted by their surrendered son or daughter are strongly | ||||||
19 | urged to complete both the Non-Identifying Information Section | ||||||
20 | included on the final page of the attached form this document | ||||||
21 | and the Medical Questionnaire in order to provide their | ||||||
22 | surrendered son or daughter with the background information he | ||||||
23 | or she their surrendered son or daughter may need to better | ||||||
24 | understand himself or herself and his or her origins. Birth | ||||||
25 | parents whose birth son or birth daughter is under 21 years of | ||||||
26 | age at the time of the completion of this form are reminded |
| |||||||
| |||||||
1 | that no original birth certificate will be released by the | ||||||
2 | IARMIE before an adoptee has reached the age of 21. | ||||||
3 | Furthermore, birth parents whose surrendered son or daughter is | ||||||
4 | under 21 years of age at the time of completion of this form | ||||||
5 | are reminded that, since no original birth certificates are | ||||||
6 | released by the IARMIE before an adoptee has reached the age of | ||||||
7 | 21, and birth parents are encouraged to take as much time as | ||||||
8 | they need to weigh the options available to them before | ||||||
9 | completing this form. Should you need additional assistance in | ||||||
10 | completing this form, please contact the agency that handled | ||||||
11 | the adoption, if applicable, or the Illinois Adoption Registry | ||||||
12 | and Medical Information Exchange at 877-323-5299 217-557-5159 . | ||||||
13 | After careful consideration, I , (insert your name) ......, | ||||||
14 | have made the following decision regarding contact with my | ||||||
15 | birth son/birth daughter, (insert birth son's/birth daughter's | ||||||
16 | name at birth, if applicable) ......, who was born in (insert | ||||||
17 | city/town of birth) ...... on (insert date of birth)...... and | ||||||
18 | the release of my identifying information as it appears on | ||||||
19 | his/her original birth certificate when he/she reaches the age | ||||||
20 | of 21, and I have chosen Option ...... (insert A, B, C, D, or E, | ||||||
21 | as applicable). I realize that this form must be accompanied by | ||||||
22 | a completed IARMIE application form as well as a Medical | ||||||
23 | Information Exchange Questionnaire or the $15 registration | ||||||
24 | fee. I am also aware that I may revoke this decision at any | ||||||
25 | time by completing a new Birth Parent Preference Form and | ||||||
26 | filing it with the IARMIE. I understand that it is my |
| |||||||
| |||||||
1 | responsibility to update the IARMIE with any changes to contact | ||||||
2 | information provided below. I also understand that, while | ||||||
3 | preferences regarding the release of identifying information | ||||||
4 | through the Registry are binding unless the law should change | ||||||
5 | in the future, any selection I have made regarding my preferred | ||||||
6 | method of contact is not. | ||||||
7 | .................................... | ||||||
8 | (Signature/Date) | ||||||
9 | (Please insert your signature and today's date above, as well | ||||||
10 | as under your chosen option, A, B, C, D, or E below.) | ||||||
11 | Option A. My birth son or birth daughter was born on or after | ||||||
12 | January 1, 1946, and I agree to the release of my identifying | ||||||
13 | information as it appears on my birth son's/birth daughter's | ||||||
14 | original birth certificate, OR my birth son or birth daughter | ||||||
15 | was born prior to January 1, 1946. I would welcome direct | ||||||
16 | contact with my birth son/birth daughter when he or she has | ||||||
17 | reached the age of 21 . In addition, before my birth son or | ||||||
18 | birth daughter has reached the age of 21 or in the event of his | ||||||
19 | or her death, I would welcome contact with the following | ||||||
20 | relatives of my birth child (circle all that apply): adoptive | ||||||
21 | mother, adoptive father, surviving spouse, surviving adult | ||||||
22 | child. and I wish to be contacted at the following mailing | ||||||
23 | address, email address or phone number: | ||||||
24 | ..................... |
| |||||||
| |||||||
1 | ............................................................. | ||||||
2 | ............................................................. | ||||||
3 | ............................................................. | ||||||
4 | (Signature/Date) | ||||||
5 | Option B. My birth son or birth daughter was born on or after | ||||||
6 | January 1, 1946, and I agree to the release of my identifying | ||||||
7 | information as it appears on my birth son's/birth daughter's | ||||||
8 | original birth certificate, OR my birth son or birth daughter | ||||||
9 | was born prior to January 1, 1946. I would welcome contact with | ||||||
10 | my birth son/birth daughter when he or she has reached the age | ||||||
11 | of 21 . In addition, before my birth son or birth daughter has | ||||||
12 | reached the age of 21 or in the event of his or her death, I | ||||||
13 | would welcome contact with the following relatives of my birth | ||||||
14 | child (circle all that apply): adoptive mother, adoptive | ||||||
15 | father, surviving spouse, surviving adult child. , but I would | ||||||
16 | prefer to be contacted through the following person. (Insert | ||||||
17 | name and mailing address, email address or phone number of | ||||||
18 | chosen contact person.) | ||||||
19 | ..................................... | ||||||
20 | ............................................................. | ||||||
21 | (Signature/Date) | ||||||
22 | Option C. My birth son or birth daughter was born on or after | ||||||
23 | January 1, 1946, and I agree to the release of my identifying | ||||||
24 | information name as it appears on my birth son's/birth |
| |||||||
| |||||||
1 | daughter's original birth certificate, OR my birth son or birth | ||||||
2 | daughter was born prior to January 1, 1946. I would welcome | ||||||
3 | contact with my birth son/birth daughter when he or she has | ||||||
4 | reached the age of 21 . In addition, before my birth son or | ||||||
5 | birth daughter has reached the age of 21 or in the event of his | ||||||
6 | or her death, I would welcome contact with the following | ||||||
7 | relatives of my birth child (circle all that apply): adoptive | ||||||
8 | mother, adoptive father, surviving spouse, surviving adult | ||||||
9 | child. , but I would prefer to be contacted through the Illinois | ||||||
10 | Confidential Intermediary Program confidential intermediary | ||||||
11 | program (please call 800-526-9022 for additional information) | ||||||
12 | or through the agency that handled the adoption. (Insert agency | ||||||
13 | name, address and phone number, if applicable.) | ||||||
14 | ............. | ||||||
15 | ............................................................. | ||||||
16 | (Signature/Date) | ||||||
17 | Option D. My birth son or birth daughter was born on or after | ||||||
18 | January 1, 1946, and I agree to the release of my identifying | ||||||
19 | information name as it appears on my birth son's/birth | ||||||
20 | daughter's original birth certificate when he or she has | ||||||
21 | reached the age of 21 , OR my birth son or birth daughter was | ||||||
22 | born prior to January 1, 1946. but I would prefer not to be | ||||||
23 | contacted by my birth son/birth daughter or his or her adoptive | ||||||
24 | parents or surviving relatives when he or she has reached the | ||||||
25 | age of 21 . |
| |||||||
| |||||||
1 | ................... | ||||||
2 | (Signature/Date) | ||||||
3 | Option E. My birth son or birth daughter was born on or after | ||||||
4 | January 1, 1946, and I wish to prohibit the release of my | ||||||
5 | (circle ALL applicable options) first name, last name, last | ||||||
6 | known address, birth son/birth daughter's last name (if last | ||||||
7 | name listed is same as mine), as they appear on my birth | ||||||
8 | son's/birth daughter's original birth certificate and do not | ||||||
9 | wish to be contacted by my birth son/birth daughter when he or | ||||||
10 | she has reached the age of 21. If there were any special | ||||||
11 | circumstances that played a role in your decision to remain | ||||||
12 | anonymous which you would like to share with your birth | ||||||
13 | son/birth daughter, please list them in the space provided | ||||||
14 | below (optional). | ||||||
15 | ........................................... | ||||||
16 | ............................................................. | ||||||
17 | I understand that, although I have chosen to prohibit the | ||||||
18 | release of my identity on the non-certified copy of the | ||||||
19 | original birth certificate released to my birth son/birth | ||||||
20 | daughter, he or she may request that a court-appointed | ||||||
21 | confidential intermediary contact me to request updated | ||||||
22 | medical information and/or confirm my desire to remain | ||||||
23 | anonymous once 5 years have elapsed since the signing of this | ||||||
24 | form; at the time of this subsequent search, I wish to be | ||||||
25 | contacted through the person named below. (Insert in blank area |
| |||||||
| |||||||
1 | below the name and phone number of the contact person, or leave | ||||||
2 | it blank if you wish to be contacted directly.) I also | ||||||
3 | understand that this request for anonymity shall expire upon my | ||||||
4 | death. | ||||||
5 | ...................................................... | ||||||
6 | ............................................................. | ||||||
7 | (Signature/Date) | ||||||
8 | NOTE: A copy of this form will be forwarded to your birth son | ||||||
9 | or birth daughter should he or she file a request for his or | ||||||
10 | her original birth certificate with the IARMIE. However, if you | ||||||
11 | have selected Option E, identifying information, per your | ||||||
12 | specifications above, will be deleted from the copy of this | ||||||
13 | form forwarded to your birth son or daughter during your | ||||||
14 | lifetime. In the event that an adopted or surrendered person is | ||||||
15 | deceased, his or her surviving adult children may request a | ||||||
16 | copy of the adopted or surrendered person's original birth | ||||||
17 | certificate providing they have registered with the IARMIE; the | ||||||
18 | copy of this form and the non-certified copy of the original | ||||||
19 | birth certificate forwarded to the surviving child of the | ||||||
20 | adopted or surrendered person shall be redacted per your | ||||||
21 | specifications on this form during your lifetime. | ||||||
22 | Non-Identifying Information Section
| ||||||
23 | I wish to voluntarily provide the following non-identifying | ||||||
24 | information to my birth son or birth daughter surrendered son | ||||||
25 | or daughter :
|
| |||||||
| |||||||
1 | My age at the time of my child's birth was .........
| ||||||
2 | My race is best described as: .......................... | ||||||
3 | My height is: ......... | ||||||
4 | My body type is best described as (circle one): slim, average, | ||||||
5 | muscular, a few extra pounds, or more than a few extra pounds.
| ||||||
6 | My natural hair color is/was: .................. | ||||||
7 | My eye color is: .................. | ||||||
8 | My religion is best described as: ..................
| ||||||
9 | My ethnic background is best described as: ..................
| ||||||
10 | My educational level is closest to (circle applicable | ||||||
11 | response): completed elementary school, graduated from | ||||||
12 | high school, attended college, earned bachelor's degree, | ||||||
13 | earned master's degree, earned doctoral degree.
| ||||||
14 | My occupation is best described as .................. | ||||||
15 | My hobbies include .................. | ||||||
16 | My interests include .................. | ||||||
17 | My talents include .................. | ||||||
18 | In addition to my surrendered son or daughter, I also | ||||||
19 | am the biological parent of (insert number) ....... boys and | ||||||
20 | (insert number) ....... girls, of whom (insert number) ....... | ||||||
21 | are still living.
| ||||||
22 | The relationship between me and my child's birth mother/birth | ||||||
23 | father would best be described as (circle appropriate | ||||||
24 | response): husband and wife, ex-spouses, boyfriend and | ||||||
25 | girlfriend, casual acquaintances, other (please specify) | ||||||
26 | .............. |
| |||||||
| |||||||
1 | (g) The form of the Request for a Non-Certified Copy of an | ||||||
2 | Original Birth Certificate shall be substantially as follows: | ||||||
3 | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | ||||||
4 | CERTIFICATE | ||||||
5 | I, (requesting party's full name) ....., hereby request a | ||||||
6 | non-certified copy of (check appropriate option) ..... my | ||||||
7 | original birth certificate ..... the original birth | ||||||
8 | certificate of my deceased adopted or surrendered parent ..... | ||||||
9 | the original birth certificate of my deceased adopted or | ||||||
10 | surrendered spouse (insert deceased parent's/deceased spouse's | ||||||
11 | name at adoption) ...... I/my deceased parent/my deceased | ||||||
12 | spouse was born in (insert city and county of adopted or | ||||||
13 | surrendered person's birth) ..... on ..... (insert adopted or | ||||||
14 | surrendered person's date of birth). In the event that one or | ||||||
15 | both of my/my deceased parent's/my deceased spouse's birth | ||||||
16 | parents has requested that their identity not be released to | ||||||
17 | me/to my deceased parent/to my deceased spouse, I wish to | ||||||
18 | (check appropriate option) ..... a. receive a non-certified | ||||||
19 | copy of the original birth certificate from which identifying | ||||||
20 | information pertaining to the birth parent who requested | ||||||
21 | anonymity has been deleted; or ..... b. I do not wish to | ||||||
22 | received an altered copy of the original birth certificate. | ||||||
23 | Dated (insert date). | ||||||
24 | ................... | ||||||
25 | (signature)
|
| |||||||
| |||||||
1 | (h) Any Information Exchange Authorization, Denial of | ||||||
2 | Information
Exchange, or Birth Parent Preference Form filed | ||||||
3 | with the Registry, or Request for a Non-Certified Copy of an | ||||||
4 | Original Birth Certificate filed with the Registry by a | ||||||
5 | surviving adult child or surviving spouse of a deceased adopted | ||||||
6 | or surrendered person, shall be acknowledged by the person who | ||||||
7 | filed it before a notary
public, in form
substantially as | ||||||
8 | follows:
| ||||||
9 | State of ..............
| ||||||
10 | County of .............
| ||||||
11 | I, a Notary Public, in and for the said County, in the | ||||||
12 | State aforesaid,
do hereby certify that ............... | ||||||
13 | personally known to me to be the
same person whose name is | ||||||
14 | subscribed to the foregoing certificate of
acknowledgement, | ||||||
15 | appeared before me in person and acknowledged that (he or
she) | ||||||
16 | signed such certificate as (his or her) free and voluntary act | ||||||
17 | and
that the statements in such certificate are true.
| ||||||
18 | Given under my hand and notarial seal on (insert date).
| ||||||
19 | .........................
| ||||||
20 | (signature)
| ||||||
21 | (i) When the execution of an Information Exchange
| ||||||
22 | Authorization, Denial of Information Exchange, or Birth Parent | ||||||
23 | Preference Form or Request for a Non-Certified Copy of an | ||||||
24 | Original Birth Certificate completed by a surviving adult child | ||||||
25 | or surviving spouse of a deceased adopted or surrendered person |
| |||||||
| |||||||
1 | is acknowledged before a
representative of an agency, such | ||||||
2 | representative shall have his signature
on said Certificate | ||||||
3 | acknowledged before a notary public, in form substantially
as | ||||||
4 | follows:
| ||||||
5 | State of..........
| ||||||
6 | County of.........
| ||||||
7 | I, a Notary Public, in and for the said County, in the | ||||||
8 | State aforesaid,
do hereby certify that ..... personally known | ||||||
9 | to me to be the same person
whose name is subscribed to the | ||||||
10 | foregoing certificate of acknowledgement,
appeared before me | ||||||
11 | in person and acknowledged that (he or she) signed such
| ||||||
12 | certificate as (his or her) free and voluntary act and that the | ||||||
13 | statements
in such certificate are true.
| ||||||
14 | Given under my hand and notarial seal on (insert date).
| ||||||
15 | .......................
| ||||||
16 | (signature)
| ||||||
17 | (j) When an Illinois Adoption Registry Application,
| ||||||
18 | Information
Exchange Authorization, Denial of
Information | ||||||
19 | Exchange, Birth Parent Preference Form, or Request for a | ||||||
20 | Non-Certified Copy of an Original Birth Certificate completed | ||||||
21 | by a surviving adult child or surviving spouse of a deceased | ||||||
22 | adopted or surrendered person is executed in a foreign country, | ||||||
23 | the
execution of such
document shall be acknowledged or | ||||||
24 | affirmed before an officer of the United
States consular | ||||||
25 | services.
|
| |||||||
| |||||||
1 | (k) If the person signing an Information Exchange
| ||||||
2 | Authorization, Denial of Information, Birth Parent Preference | ||||||
3 | Form, or Request for a Non-Certified Copy of an Original Birth | ||||||
4 | Certificate completed by a surviving adult child or surviving | ||||||
5 | spouse of a deceased adopted or surrendered person is in the | ||||||
6 | military service of the
United States, the execution of such | ||||||
7 | document may be acknowledged before a
commissioned officer and | ||||||
8 | the signature of such officer on such certificate
shall be | ||||||
9 | verified or acknowledged before a notary public or by such | ||||||
10 | other
procedure as is then in effect for such division or | ||||||
11 | branch of the armed forces.
| ||||||
12 | (l) An adopted or surrendered person who completes a | ||||||
13 | Request For a Non-Certified Copy of the Original Birth | ||||||
14 | Certificate shall meet the same filing requirements and pay the | ||||||
15 | same filing fees as a non-adopted person seeking to obtain a | ||||||
16 | copy of his or her original birth certificate.
| ||||||
17 | (Source: P.A. 96-895, eff. 5-21-10.)
| ||||||
18 | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| ||||||
19 | Sec. 18.3a. Confidential intermediary.
| ||||||
20 | (a) General purposes.
Notwithstanding any other provision | ||||||
21 | of
this Act, any
adopted or surrendered person 21 years of age | ||||||
22 | or over, any adoptive parent or legal guardian
of
an adopted or | ||||||
23 | surrendered person under the age of 21, or any birth parent of | ||||||
24 | an adopted
or surrendered person who is 21 years of age or over | ||||||
25 | may petition the court in any county in
the
State of Illinois |
| |||||||
| |||||||
1 | for appointment of a confidential intermediary as provided in
| ||||||
2 | this Section for the purpose of exchanging medical information | ||||||
3 | with one or
more mutually consenting biological relatives, | ||||||
4 | obtaining identifying
information about one or more mutually | ||||||
5 | consenting biological relatives, or
arranging contact with one | ||||||
6 | or more mutually consenting biological relatives.
| ||||||
7 | Additionally, in cases where an adopted or surrendered person | ||||||
8 | is deceased,
an adult child of the adopted
or surrendered | ||||||
9 | person or his or her adoptive parents or surviving spouse may | ||||||
10 | file a petition under this Section and in cases
where the birth | ||||||
11 | parent is deceased,
an adult birth sibling of the adopted or | ||||||
12 | surrendered person or of the deceased birth parent
may
file a | ||||||
13 | petition under this Section for the purpose of exchanging | ||||||
14 | medical
information with one or more mutually consenting | ||||||
15 | biological relatives of the adopted or surrendered person,
| ||||||
16 | obtaining identifying information about one or more mutually | ||||||
17 | consenting
biological relatives of the adopted or surrendered | ||||||
18 | person, or arranging contact with one or more mutually
| ||||||
19 | consenting biological relatives of the adopted or surrendered | ||||||
20 | person. Beginning January 1, 2006, any adopted or surrendered | ||||||
21 | person 21 years of age or over; any adoptive parent or legal | ||||||
22 | guardian of an adopted or surrendered person under the age of | ||||||
23 | 21; any birth parent, birth sibling, birth aunt, or birth uncle | ||||||
24 | of an adopted or surrendered person over the age of 21; any | ||||||
25 | surviving child, adoptive parent, or surviving spouse of a | ||||||
26 | deceased adopted or surrendered person who wishes to petition |
| |||||||
| |||||||
1 | the court for the appointment of a confidential intermediary | ||||||
2 | shall be required to accompany their petition with proof of | ||||||
3 | registration with the Illinois Adoption Registry and Medical | ||||||
4 | Information Exchange.
| ||||||
5 | (b) Petition. Upon petition by an adopted or surrendered
| ||||||
6 | person 21 years of age or over (an "adult adopted or | ||||||
7 | surrendered person"), an
adoptive parent or legal guardian of | ||||||
8 | an adopted or surrendered person under the age of 21,
or a | ||||||
9 | birth parent of an adopted or surrendered person who is 21 | ||||||
10 | years of age or over, the
court
shall appoint a confidential | ||||||
11 | intermediary. Upon petition by
an adult child, adoptive parent | ||||||
12 | or surviving spouse of an adopted or surrendered person who is | ||||||
13 | deceased, by an adult birth sibling of an adopted or | ||||||
14 | surrendered person
whose common birth parent is deceased
and | ||||||
15 | whose adopted or surrendered birth sibling is 21 years of age | ||||||
16 | or over, or by an adult sibling of a birth parent who is | ||||||
17 | deceased,
and whose surrendered child is 21 years of age or | ||||||
18 | over, the court may appoint a confidential
intermediary if the | ||||||
19 | court finds that the disclosure is of greater benefit than
| ||||||
20 | nondisclosure.
The petition shall state which biological | ||||||
21 | relative
or
relatives are being sought and shall indicate if | ||||||
22 | the petitioner wants to do any
one or more of the following: | ||||||
23 | exchange medical information with the
biological relative or | ||||||
24 | relatives, obtain identifying information from the
biological | ||||||
25 | relative or relatives, or to arrange contact with the | ||||||
26 | biological
relative.
|
| |||||||
| |||||||
1 | (c) Order. The order appointing the confidential | ||||||
2 | intermediary shall allow
that
intermediary to conduct a search | ||||||
3 | for the sought-after relative by accessing
those records | ||||||
4 | described in subsection (g) of this Section.
| ||||||
5 | (d) Fees and expenses. The court shall condition the | ||||||
6 | appointment of the
confidential intermediary on the | ||||||
7 | petitioner's payment of the intermediary's
fees and expenses in | ||||||
8 | advance of the commencement of the work of the
confidential | ||||||
9 | intermediary. However, no fee shall be charged if the | ||||||
10 | petitioner is an adult adopted or surrendered person and the | ||||||
11 | sought-after relative is a birth parent who filed a Denial with | ||||||
12 | the Registry prior to January 1, 2011, or filed a Birth Parent | ||||||
13 | Preference Form on which Option E was selected after January 1, | ||||||
14 | 2011 and more than 5 years have transpired since the birth | ||||||
15 | parent filed the Denial of Information Exchange or Birth Parent | ||||||
16 | Preference Form on which Option E was selected.
| ||||||
17 | (e) Eligibility of intermediary. The court may appoint as | ||||||
18 | confidential
intermediary any
person certified by the | ||||||
19 | Department of Children and Family Services as qualified to | ||||||
20 | serve as a confidential
intermediary.
Certification shall be | ||||||
21 | dependent upon the
confidential intermediary completing a | ||||||
22 | course of training including, but not
limited to, applicable | ||||||
23 | federal and State privacy laws.
| ||||||
24 | (f) Confidential Intermediary Council. There shall be | ||||||
25 | established under the
Department of Children and Family
| ||||||
26 | Services a Confidential Intermediary Advisory Council. One |
| |||||||
| |||||||
1 | member shall be an
attorney representing the Attorney General's | ||||||
2 | Office appointed by the Attorney
General. One member shall be a | ||||||
3 | currently certified confidential intermediary
appointed by the | ||||||
4 | Director of the Department of Children and Family Services.
The | ||||||
5 | Director shall also appoint 5 additional members. When making | ||||||
6 | those
appointments, the Director shall consider advocates for | ||||||
7 | adopted persons,
adoptive parents, birth parents, lawyers who | ||||||
8 | represent clients in private
adoptions, lawyers specializing | ||||||
9 | in privacy law, and representatives of agencies
involved in | ||||||
10 | adoptions. The Director shall appoint one of the 7 members as
| ||||||
11 | the chairperson. An attorney from the Department of Children | ||||||
12 | and Family
Services
and the person directly responsible for | ||||||
13 | administering the confidential
intermediary program shall | ||||||
14 | serve as ex-officio, non-voting advisors to the
Council. | ||||||
15 | Council members shall serve at the discretion of the Director | ||||||
16 | and
shall receive no compensation other than reasonable | ||||||
17 | expenses approved by the
Director. The Council shall meet no | ||||||
18 | less than twice yearly and shall meet at least once yearly with | ||||||
19 | the Registry Advisory Council, and shall make
recommendations | ||||||
20 | to the Director regarding the development of rules, procedures,
| ||||||
21 | and forms that will ensure efficient and effective operation of | ||||||
22 | the
confidential intermediary process, including:
| ||||||
23 | (1) Standards for certification for confidential | ||||||
24 | intermediaries.
| ||||||
25 | (2) Oversight of methods used to verify that | ||||||
26 | intermediaries are complying
with the appropriate laws.
|
| |||||||
| |||||||
1 | (3) Training for confidential intermediaries, | ||||||
2 | including training with
respect to federal and State | ||||||
3 | privacy laws.
| ||||||
4 | (4) The relationship between confidential | ||||||
5 | intermediaries and the court
system, including the | ||||||
6 | development of sample orders defining the scope of the
| ||||||
7 | intermediaries' access to information.
| ||||||
8 | (5) Any recent violations of policy or procedures by | ||||||
9 | confidential
intermediaries and remedial steps, including | ||||||
10 | decertification, to prevent future
violations.
| ||||||
11 | (g) Access. Subject to the limitations of subsection (i) | ||||||
12 | of this
Section, the
confidential
intermediary shall have | ||||||
13 | access to vital records or a comparable public entity that | ||||||
14 | maintains vital records in another state in accordance with | ||||||
15 | that state's laws, maintained by the Department of
Public | ||||||
16 | Health and its local designees for the maintenance of vital | ||||||
17 | records or a comparable public entity that maintains vital | ||||||
18 | records in another state in accordance with that state's laws | ||||||
19 | and
all records of the court or any adoption agency,
public
or | ||||||
20 | private, as limited in this Section, which relate to the | ||||||
21 | adoption or the identity and location of an
adopted or | ||||||
22 | surrendered person, of an adult child or surviving spouse of a | ||||||
23 | deceased adopted or surrendered person, or of a birth
parent, | ||||||
24 | birth sibling, or the sibling of a deceased birth parent. The
| ||||||
25 | confidential intermediary shall not have access to any personal | ||||||
26 | health
information protected by the Standards for Privacy of |
| |||||||
| |||||||
1 | Individually
Identifiable Health Information adopted by the | ||||||
2 | U.S. Department of Health and
Human Services under the Health | ||||||
3 | Insurance Portability and Accountability Act of
1996 unless the | ||||||
4 | confidential intermediary has obtained written consent from | ||||||
5 | the
person whose information is being sought by an adult | ||||||
6 | adopted or surrendered person or, if that person is a minor | ||||||
7 | child,
that person's parent or guardian. Confidential
| ||||||
8 | intermediaries shall be authorized to inspect confidential | ||||||
9 | relinquishment and
adoption records. The confidential | ||||||
10 | intermediary shall not be authorized to
access medical
records, | ||||||
11 | financial records, credit records, banking records, home | ||||||
12 | studies,
attorney file records, or other personal records.
In | ||||||
13 | cases where a birth parent is being sought, an adoption agency | ||||||
14 | shall inform
the confidential intermediary of any statement | ||||||
15 | filed pursuant to Section 18.3, hereinafter referred to as "the | ||||||
16 | 18.3 statement",
indicating a desire of the surrendering birth | ||||||
17 | parent to have identifying
information shared or to not have | ||||||
18 | identifying information shared. If there was
a clear statement | ||||||
19 | of intent by the sought-after birth parent not to have
| ||||||
20 | identifying information shared, the confidential intermediary | ||||||
21 | shall discontinue
the search and inform the petitioning party | ||||||
22 | of the sought-after relative's
intent unless the birth parent | ||||||
23 | filed the 18.3 statement prior to the effective date of this | ||||||
24 | amendatory Act of the 96th General Assembly and more than 5 | ||||||
25 | years have elapsed since the filing of the 18.3 statement. If | ||||||
26 | the adult adopted or surrendered person is the subject of an |
| |||||||
| |||||||
1 | 18.3 statement indicating a desire not to establish contact | ||||||
2 | which was filed more than 5 years prior to the search request, | ||||||
3 | the confidential intermediary shall confirm the petitioner's | ||||||
4 | desire to continue the search. Information
provided to the | ||||||
5 | confidential intermediary by an adoption agency shall be
| ||||||
6 | restricted to the full name, date of birth, place of birth, | ||||||
7 | last known address,
last known telephone number of the | ||||||
8 | sought-after relative or, if applicable,
of the children or | ||||||
9 | siblings of the sought-after relative, and the 18.3 statement.
| ||||||
10 | (h) Adoption agency disclosure of medical information. If | ||||||
11 | the petitioner is
an adult adopted or surrendered person or the | ||||||
12 | adoptive parent of a
minor and if the petitioner has signed a | ||||||
13 | written authorization to disclose
personal medical | ||||||
14 | information, an adoption agency disclosing information to a
| ||||||
15 | confidential intermediary shall disclose available medical | ||||||
16 | information about
the adopted or surrendered person from birth | ||||||
17 | through adoption.
| ||||||
18 | (i) Duties of confidential intermediary in conducting a | ||||||
19 | search. In
conducting
a search under this Section, the | ||||||
20 | confidential intermediary shall first confirm
that there is no | ||||||
21 | Denial of Information Exchange on file with the Illinois
| ||||||
22 | Adoption Registry. If the petitioner is an adult child of an | ||||||
23 | adopted or surrendered person
who is deceased, the
confidential | ||||||
24 | intermediary shall additionally confirm that the adopted or | ||||||
25 | surrendered person
did not file a Denial of Information | ||||||
26 | Exchange or a Birth Parent Preference Form with Option E |
| |||||||
| |||||||
1 | selected with the Illinois Adoption
Registry during his or her | ||||||
2 | life. If there is a Denial on file with the Registry, the | ||||||
3 | confidential intermediary must discontinue the search unless | ||||||
4 | the petitioner is an adult adopted or surrendered person and | ||||||
5 | the sought-after birth relative filed the Denial 5 years or | ||||||
6 | more prior to the search or the birth parent has not been the | ||||||
7 | object of a search through the State confidential intermediary | ||||||
8 | program for 10 or more years. If the petitioner is an adult | ||||||
9 | adopted or surrendered person and there is a Birth Parent | ||||||
10 | Preference Form on file with the Registry and the birth parent | ||||||
11 | who completed the form selected Option E, the confidential | ||||||
12 | intermediary must discontinue the search unless 5 years or more | ||||||
13 | have elapsed since the filing of the Birth Parent Preference | ||||||
14 | Form. If the petitioner is an adult birth sibling of
an
adopted
| ||||||
15 | or surrendered person or an adult sibling of a birth parent who | ||||||
16 | is deceased,
the confidential intermediary shall
additionally | ||||||
17 | confirm that the birth parent did not file a Denial of | ||||||
18 | Information
Exchange or a Birth Parent Preference Form with | ||||||
19 | Option E selected with the Registry during his or her life. If | ||||||
20 | the confidential
intermediary learns that a sought-after birth | ||||||
21 | parent signed an 18.3 statement
indicating his or her intent | ||||||
22 | not to have identifying information shared, and
did not later | ||||||
23 | file an Information Exchange Authorization or a Birth Parent | ||||||
24 | Preference Form with the
Registry, the confidential | ||||||
25 | intermediary shall discontinue the search and inform
the | ||||||
26 | petitioning party of the birth parent's intent, unless the |
| |||||||
| |||||||
1 | petitioner is an adult adopted or surrendered person and 5 | ||||||
2 | years or more have elapsed since the birth parent signed the | ||||||
3 | statement indicating his or her intent not to have identifying | ||||||
4 | information shared. In cases where the birth parent filed a | ||||||
5 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
6 | where Option E was selected, or statement indicating his or her | ||||||
7 | intent not to have identifying information shared less than 5 | ||||||
8 | years prior to the search request and the petitioner is an | ||||||
9 | adult adopted or surrendered person, the confidential | ||||||
10 | intermediary shall inform the petitioner of the need to | ||||||
11 | discontinue the search until 5 years have elapsed since the | ||||||
12 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
13 | where Option E was selected, or statement
was filed; in cases | ||||||
14 | where a birth parent was previously the subject of a search | ||||||
15 | through the State confidential intermediary program, the | ||||||
16 | confidential intermediary shall inform the petitioner of the | ||||||
17 | need to discontinue the search until 10 years or more have | ||||||
18 | elapsed since the initial search was closed. In cases where a | ||||||
19 | birth parent has been the object of 2 searches through the | ||||||
20 | State confidential intermediary program, no subsequent search | ||||||
21 | for the birth parent shall be authorized absent a court order | ||||||
22 | to the contrary.
| ||||||
23 | In conducting a search under this Section, the confidential | ||||||
24 | intermediary
shall attempt to locate the relative or relatives | ||||||
25 | from whom the petitioner has
requested information. If the | ||||||
26 | sought-after relative is deceased
or cannot be located after a |
| |||||||
| |||||||
1 | diligent search, the
confidential intermediary may contact | ||||||
2 | other adult relatives of the
sought-after relative.
| ||||||
3 | The confidential intermediary shall contact a sought-after | ||||||
4 | relative on
behalf of the petitioner in a manner that respects | ||||||
5 | the sought-after relative's
privacy and shall inform the | ||||||
6 | sought-after relative of the petitioner's request
for medical | ||||||
7 | information, identifying information or contact as stated in | ||||||
8 | the
petition. Based upon the terms of the petitioner's request, | ||||||
9 | the confidential
intermediary shall contact a sought-after | ||||||
10 | relative on behalf of the petitioner
and inform the | ||||||
11 | sought-after relative of the following options:
| ||||||
12 | (1) The sought-after relative may totally reject one or | ||||||
13 | all of the
requests for medical information, identifying | ||||||
14 | information or
contact. The sought-after relative shall be | ||||||
15 | informed that they can
provide a medical questionnaire to | ||||||
16 | be forwarded to the petitioner
without releasing any | ||||||
17 | identifying information. The confidential
intermediary | ||||||
18 | shall inform the petitioner of the sought-after
relative's | ||||||
19 | decision to reject the sharing of information or contact.
| ||||||
20 | (2) The sought-after relative may consent to | ||||||
21 | completing a medical
questionnaire only. In this case, the | ||||||
22 | confidential intermediary
shall provide the questionnaire | ||||||
23 | and ask the sought-after relative to
complete it. The | ||||||
24 | confidential intermediary shall forward the
completed | ||||||
25 | questionnaire to the petitioner and inform the petitioner
| ||||||
26 | of the sought-after relative's desire to not provide any |
| |||||||
| |||||||
1 | additional
information.
| ||||||
2 | (3) The sought-after relative may communicate with the | ||||||
3 | petitioner
without having his or her identity disclosed. In | ||||||
4 | this case, the
confidential intermediary shall arrange the | ||||||
5 | desired communication
in a manner that protects the | ||||||
6 | identity of the sought-after relative.
The confidential | ||||||
7 | intermediary shall inform the petitioner of the
| ||||||
8 | sought-after relative's decision to communicate but not | ||||||
9 | disclose
his or her identity.
| ||||||
10 | (4) The sought-after sought after relative may consent | ||||||
11 | to initiate contact with the
petitioner. If both the | ||||||
12 | petitioner and the sought-after relative or
relatives are | ||||||
13 | eligible to register with the Illinois Adoption Registry,
| ||||||
14 | the confidential intermediary shall provide the necessary
| ||||||
15 | application forms and request that the sought-after | ||||||
16 | relative
register with the Illinois Adoption Registry. If | ||||||
17 | either the petitioner
or the sought-after relative or | ||||||
18 | relatives are ineligible to register
with the Illinois | ||||||
19 | Adoption Registry, the confidential intermediary
shall | ||||||
20 | obtain written consents from both parties that they wish to
| ||||||
21 | disclose their identities to each other and to have contact | ||||||
22 | with
each other.
| ||||||
23 | (j) Oath. The confidential intermediary shall sign an oath | ||||||
24 | of
confidentiality substantially as follows: "I, .........., | ||||||
25 | being duly sworn, on
oath depose and say: As a condition of | ||||||
26 | appointment as a confidential
intermediary, I affirm that:
|
| |||||||
| |||||||
1 | (1) I will not disclose to the petitioner,
directly or | ||||||
2 | indirectly, any confidential information
except in a | ||||||
3 | manner consistent with the
law.
| ||||||
4 | (2) I recognize that violation of this oath subjects me | ||||||
5 | to civil liability
and to a potential finding of contempt | ||||||
6 | of court.
................................
| ||||||
7 | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| ||||||
8 | date)
| ||||||
9 | ................................."
| ||||||
10 | (k) Sanctions.
| ||||||
11 | (1) Any confidential intermediary who improperly | ||||||
12 | discloses
confidential information identifying a | ||||||
13 | sought-after relative shall be liable to
the sought-after | ||||||
14 | relative for damages and may also be found in contempt of
| ||||||
15 | court.
| ||||||
16 | (2) Any person who learns a sought-after
relative's | ||||||
17 | identity, directly or indirectly, through the use of | ||||||
18 | procedures
provided in this Section and who improperly | ||||||
19 | discloses information identifying
the sought-after | ||||||
20 | relative shall be liable to the sought-after relative for
| ||||||
21 | actual damages plus minimum punitive damages of $10,000.
| ||||||
22 | (3) The Department shall fine any confidential | ||||||
23 | intermediary who improperly
discloses
confidential | ||||||
24 | information in violation of item (1) or (2) of this | ||||||
25 | subsection (k)
an amount up to $2,000 per improper | ||||||
26 | disclosure. This fine does not affect
civil liability under |
| |||||||
| |||||||
1 | item (2) of this subsection (k). The Department shall
| ||||||
2 | deposit all fines and penalties collected under this | ||||||
3 | Section into the Illinois
Adoption Registry and Medical | ||||||
4 | Information Fund.
| ||||||
5 | (l) Death of person being sought. Notwithstanding any other | ||||||
6 | provision
of this Act, if the confidential intermediary | ||||||
7 | discovers that the person
being sought has died, he or she | ||||||
8 | shall report this fact to the court,
along with a copy of the | ||||||
9 | death certificate. If the sought-after relative is a birth | ||||||
10 | parent, the confidential intermediary shall also forward a copy | ||||||
11 | of the birth parent's death certificate, if available, to the | ||||||
12 | Registry for inclusion in the Registry file.
| ||||||
13 | (m) Any confidential information obtained by the | ||||||
14 | confidential intermediary
during the course of his or her | ||||||
15 | search shall be kept strictly confidential
and shall be used | ||||||
16 | for the purpose of arranging contact between the
petitioner and | ||||||
17 | the sought-after birth relative. At the time the case is
| ||||||
18 | closed, all identifying information shall be returned to the | ||||||
19 | court for
inclusion in the impounded adoption file.
| ||||||
20 | (n) If the petitioner is an adopted or surrendered person | ||||||
21 | 21 years of age or over or the
adoptive parent or legal | ||||||
22 | guardian of an adopted or surrendered person under the age
of | ||||||
23 | 21, any
non-identifying information, as defined in Section | ||||||
24 | 18.4, that is
ascertained during the course of the search may | ||||||
25 | be given in writing to
the petitioner at any time during the | ||||||
26 | search before the case is closed.
|
| |||||||
| |||||||
1 | (o) Except as provided in subsection (k) of this Section, | ||||||
2 | no liability shall
accrue to
the State, any State agency, any | ||||||
3 | judge, any officer or employee of the
court, any certified | ||||||
4 | confidential intermediary, or any agency designated
to oversee | ||||||
5 | confidential intermediary services for acts, omissions, or
| ||||||
6 | efforts made in good faith within the scope of this Section.
| ||||||
7 | (p) An adoption agency that has received a request from a | ||||||
8 | confidential intermediary for the full name, date of birth, | ||||||
9 | last known address, or last known telephone number of a | ||||||
10 | sought-after relative pursuant to subsection (g) of Section | ||||||
11 | 18.3a, or for medical information regarding a sought-after | ||||||
12 | relative pursuant to subsection (h) of Section 18.3a, must | ||||||
13 | satisfactorily comply with this court order within a period of | ||||||
14 | 45 days. The court shall order the adoption agency to reimburse | ||||||
15 | the petitioner in an amount equal to all payments made by the | ||||||
16 | petitioner to the confidential intermediary, and the adoption | ||||||
17 | agency shall be subject to a civil monetary penalty of $1,000 | ||||||
18 | to be paid to the Department of Children and Family Services. | ||||||
19 | Following the issuance of a court order finding that the | ||||||
20 | adoption agency has not complied with Section 18.3, the | ||||||
21 | adoption agency shall be subject to a monetary penalty of $500 | ||||||
22 | per day for each subsequent day of non-compliance. Proceeds | ||||||
23 | from such fines shall be utilized by the Department of Children | ||||||
24 | and Family Services to subsidize the fees of petitioners as | ||||||
25 | referenced in subsection (d) of this Section. | ||||||
26 | (q) Provide information to eligible petitioner. The |
| |||||||
| |||||||
1 | confidential intermediary may provide to eligible petitioners | ||||||
2 | as described in subsections (a) and (b) of this Section, the | ||||||
3 | name of the child welfare agency which had legal custody of the | ||||||
4 | surrendered person or responsibility for placing the | ||||||
5 | surrendered person and any available contact information for | ||||||
6 | such agency. In addition, the confidential intermediary may | ||||||
7 | provide to such petitioners the name of the state in which the | ||||||
8 | surrender occurred or in which the adoption was finalized. | ||||||
9 | Any reimbursements and fines, notwithstanding any | ||||||
10 | reimbursement directly to the petitioner, paid under this | ||||||
11 | subsection are in addition to other remedies a court may | ||||||
12 | otherwise impose by law. | ||||||
13 | The Department of Children and Family Services shall submit | ||||||
14 | reports to the Confidential Intermediary Advisory Council by | ||||||
15 | July 1 and January 1 of each year in order to report the | ||||||
16 | penalties assessed and collected under this subsection, the | ||||||
17 | amounts of related deposits into the DCFS Children's Services | ||||||
18 | Fund, and any expenditures from such deposits.
| ||||||
19 | (Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)
| ||||||
20 | (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
| ||||||
21 | Sec. 18.6. Registry fees. The Department of Public Health | ||||||
22 | shall levy a
fee for each
registrant under Sections 18.05 | ||||||
23 | through 18.5.
A $15 fee shall be charged for registering with | ||||||
24 | the Illinois Adoption
Registry and Medical Information | ||||||
25 | Exchange. However, this fee shall be
waived for all adopted or |
| |||||||
| |||||||
1 | surrendered persons, surviving children and spouses of | ||||||
2 | deceased adopted persons, adoptive parents,
legal guardians, | ||||||
3 | birth parents, birth aunts, birth uncles, and
birth siblings | ||||||
4 | who complete a Medical Information Exchange Questionnaire at | ||||||
5 | the
time of registration and authorize its release to specified | ||||||
6 | registered parties,
and for adoptive parents
registering | ||||||
7 | within 12 months of the finalization of the
adoption. All | ||||||
8 | persons who were registered with the Illinois Adoption Registry
| ||||||
9 | prior to the effective date of this amendatory Act of 1999
and | ||||||
10 | who wish to
update their registration may do so without charge.
| ||||||
11 | No charge of any
kind shall be made for the withdrawal of any | ||||||
12 | form provided in Section 18.2.
| ||||||
13 | (Source: P.A. 96-895, eff. 5-21-10.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|