Rep. Sara Feigenholtz

Filed: 11/17/2010

 

 


 

 


 
09600HB1445ham001LRB096 05030 AJO 44023 a

1
AMENDMENT TO HOUSE BILL 1445

2    AMENDMENT NO. ______. Amend House Bill 1445 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Vital Records Act is amended by changing
5Section 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
8Registrar of Vital Records shall establish a new certificate of
9birth 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.

 

 

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1        (b) A certificate of adoption or a certified copy of
2    the order of adoption entered in a court of competent
3    jurisdiction of any other state or country declaring
4    adopted a child born in the State of Illinois, together
5    with the information necessary to identify the original
6    certificate of birth and to establish the new certificate
7    of birth; except that a new certificate of birth shall not
8    be established if so requested by the court ordering the
9    adoption, the adoptive parents, or the adopted person.
10        (c) A request that a new certificate be established and
11    such evidence as required by regulation proving that such
12    person has been legitimatized, or that the circuit court,
13    the Department of Healthcare and Family Services (formerly
14    Illinois Department of Public Aid), or a court or
15    administrative agency of any other state has established
16    the paternity of such a person by judicial or
17    administrative processes or by voluntary acknowledgment,
18    which is accompanied by the social security numbers of all
19    persons determined and presumed to be the parents.
20        (d) An affidavit by a physician that he has performed
21    an operation on a person, and that by reason of the
22    operation the sex designation on such person's birth record
23    should be changed. The State Registrar of Vital Records may
24    make any investigation or require any further information
25    he deems necessary.
26    Each request for a new certificate of birth shall be

 

 

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1accompanied by a fee of $15 and entitles the applicant to one
2certification or certified copy of the new certificate. If the
3request is for additional copies, it shall be accompanied by a
4fee of $2 for each additional certification or certified copy.
5    (2) When a new certificate of birth is established, the
6actual place and date of birth shall be shown; provided, in the
7case of adoption of a person born in this State by parents who
8were residents of this State at the time of the birth of the
9adopted person, the place of birth may be shown as the place of
10residence of the adoptive parents at the time of such person's
11birth, if specifically requested by them, and any new
12certificate of birth established prior to the effective date of
13this amendatory Act may be corrected accordingly if so
14requested by the adoptive parents or the adopted person when of
15legal age. The social security numbers of the parents shall not
16be recorded on the certificate of birth. The social security
17numbers may only be used for purposes allowed under federal
18law. The new certificate shall be substituted for the original
19certificate of birth:
20        (a) Thereafter, the original certificate and the
21    evidence of adoption, paternity, legitimation, or sex
22    change shall not be subject to inspection or certification
23    except upon order of the circuit court or as provided by
24    regulation. If the new certificate was issued subsequent to
25    an adoption, the original certificate shall not be subject
26    to inspection until the adopted person has reached the age

 

 

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1    of 21; thereafter, the original certificate shall be made
2    available as provided by Section 18.1b of the Adoption Act.
3        (b) Upon receipt of notice of annulment of adoption,
4    the original certificate of birth shall be restored to its
5    place in the files, and the new certificate and evidence
6    shall not be subject to inspection or certification except
7    upon order of the circuit court.
8    (3) If no certificate of birth is on file for the person
9for whom a new certificate is to be established under this
10Section, a delayed record of birth shall be filed with the
11State Registrar of Vital Records as provided in Section 14 or
12Section 15 of this Act before a new certificate of birth is
13established, except that when the date and place of birth and
14parentage have been established in the adoption proceedings, a
15delayed record shall not be required.
16    (4) When a new certificate of birth is established by the
17State Registrar of Vital Records, all copies of the original
18certificate of birth in the custody of any custodian of
19permanent local records in this State shall be transmitted to
20the State Registrar of Vital Records as directed, and shall be
21sealed from inspection.
22    (5) Nothing in this Section shall be construed to prohibit
23the amendment of a birth certificate in accordance with
24subsection (6) of Section 22.
25(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    Section 10. The Adoption Act is amended by changing
2Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as
3follows:
 
4    (750 ILCS 50/18.06)
5    Sec. 18.06. Definitions. When used in Sections 18.05
6through Section 18.6, for the purposes of the Registry:
7    "Adopted person" means a person who was adopted pursuant to
8the laws in effect at the time of the adoption.
9    "Adoptive parent" means a person who has become a parent
10through the legal process of adoption.
11    "Adult child" means the biological child 21 years of age or
12over of a deceased adopted or surrendered person.
13    "Adult Adopted or Surrendered Person" means an adopted or
14surrendered person 21 years of age or over.
15    "Agency" means a public child welfare agency or a licensed
16child welfare agency.
17    "Birth aunt" means the adult full or half sister of a
18deceased birth parent.
19    "Birth father" means the biological father of an adopted or
20surrendered person who is named on the original certificate of
21live birth or on a consent or surrender document, or a
22biological father whose paternity has been established by a
23judgment or order of the court, pursuant to the Illinois
24Parentage Act of 1984.
25    "Birth mother" means the biological mother of an adopted or

 

 

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1surrendered person.
2    "Birth parent" means a birth mother or birth father of an
3adopted or surrendered person.
4    "Birth Parent Preference Form" means the form prepared by
5the Department of Public Health pursuant to Section 18.2
6completed by a birth parent registrant and filed with the
7Registry that indicates the birth parent's preferences
8regarding contact and, if applicable, the release of his or her
9identifying information on the non-certified copy of the
10original birth certificate released to an adult adopted or
11surrendered person or to the surviving adult child or surviving
12spouse of a deceased adopted or surrendered person who has
13filed a Request for a Non-Certified Copy of an Original Birth
14Certificate.
15    "Birth relative" means a birth mother, birth father, birth
16sibling, birth aunt, or birth uncle.
17    "Birth sibling" means the adult full or half sibling of an
18adopted or surrendered person.
19    "Birth uncle" means the adult full or half brother of a
20deceased birth parent.
21    "Confidential intermediary" means an individual certified
22by the Department of Children and Family Services pursuant to
23Section 18.3a(e).
24    "Denial of Information Exchange" means an affidavit
25completed by a registrant with the Illinois Adoption Registry
26and Medical Information Exchange denying the release of

 

 

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1identifying information which has been filed with the Registry.
2    "Information Exchange Authorization" means an affidavit
3completed by a registrant with the Illinois Adoption Registry
4and Medical Information Exchange authorizing the release of
5identifying information which has been filed with the Registry.
6    "Medical Information Exchange Questionnaire" means the
7medical history questionnaire completed by a registrant of the
8Illinois Adoption Registry and Medical Information Exchange.
9    "Non-certified Copy of the Original Birth Certificate"
10means a non-certified copy of the original certificate of live
11birth of an adult adopted or surrendered person who was born in
12Illinois.
13    "Proof of death" means a death certificate.
14    "Registrant" or "Registered Party" means a birth parent,
15birth sibling, birth aunt, birth uncle, adopted or surrendered
16person 21 years of age or over, adoptive parent or legal
17guardian of an adopted or surrendered person under the age of
1821, or adoptive parent, surviving spouse, or adult child of a
19deceased adopted or surrendered person who has filed an
20Illinois Adoption Registry Application or Registration
21Identification Form with the Registry.
22    "Registry" means the Illinois Adoption Registry and
23Medical Information Exchange.
24    "Request for a Non-Certified Copy of an Original Birth
25Certificate" means an affidavit completed by an adult adopted
26or surrendered person or by the surviving adult child or

 

 

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1surviving spouse of a deceased adopted or surrendered person
2and filed with the Registry requesting a non-certified copy of
3an adult adopted or surrendered person's original certificate
4of live birth in Illinois.
5    "Surrendered person" means a person whose parents' rights
6have been surrendered or terminated but who has not been
7adopted.
8    "Surviving spouse" means the wife or husband of a deceased
9adopted or surrendered person who is over the age of 21 and who
10has one or more biological children under the age of 21.
11    "18.3 Statement" means a statement regarding the
12disclosure of identifying information signed by a birth parent
13under Section 18.3 of this Act as it existed immediately prior
14to the effective date of this amendatory Act of the 96th
15General Assembly.
16(Source: P.A. 96-895, eff. 5-21-10.)
 
17    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
18    Sec. 18.1. Disclosure of identifying information.
19    (a) The Department of Public Health shall establish and
20maintain a Registry for the purpose of allowing mutually
21consenting members of birth and adoptive families to exchange
22identifying and medical information. Identifying information
23for the purpose of this Act shall mean any one or more of the
24following:
25        (1) The name and last known address of the consenting

 

 

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1    person or persons.
2        (2) A copy of the Illinois Adoption Registry
3    Application of the consenting person or persons.
4        (3) A non-certified copy of the original birth
5    certificate of an adult adopted or surrendered person.
6    (b) Written authorization from all parties identified must
7be received prior to disclosure of any identifying information,
8with the exception of non-certified copies of original birth
9certificates released to adult adopted or surrendered persons
10or to surviving adult children and surviving spouses of
11deceased adopted or surrendered persons pursuant to the
12procedures outlined in Section 18.1b(e).
13    (c) At any time after a child is surrendered for adoption,
14or at any time during the adoption proceedings or at any time
15thereafter, either birth parent or both of them may file with
16the Registry a Birth Parent Registration Identification Form
17and an Information Exchange Authorization or a Denial of
18Information Exchange.
19    (d) A birth sibling 21 years of age or over who was not
20surrendered for adoption and who has submitted a copy of his or
21her birth certificate as well as proof of death for a deceased
22birth parent and such birth parent did not file a Denial of
23Information Exchange or a Birth Parent Preference Form on which
24Option E was selected with the Registry prior to his or her
25death may file a Registration Identification Form and an
26Information Exchange Authorization or a Denial of Information

 

 

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1Exchange.
2    (e) A birth aunt or birth uncle who has submitted birth
3certificates for himself or herself and for a deceased birth
4parent naming at least one common biological parent as well as
5proof of death for the deceased birth parent and such birth
6parent did not file a Denial of Information Exchange or a Birth
7Parent Preference Form on which Option E was selected with the
8Registry prior to his or her death may file a Registration
9Identification Form and an Information Exchange Authorization
10or a Denial of Information Exchange.
11    (f) Any adopted person 21 years of age or over, any
12surrendered person 21 years of age or over, or any adoptive
13parent or legal guardian of an adopted or surrendered person
14under the age of 21 may file with the Registry a Registration
15Identification Form and an Information Exchange Authorization
16or a Denial of Information Exchange.
17    (g) Any adult child 21 years of age or over of a deceased
18adopted or surrendered person who has submitted a copy of his
19or her birth certificate naming an adopted or surrendered
20person as his or her biological parent as well as proof of
21death for the deceased adopted or surrendered person and such
22adopted or surrendered person did not file a Denial of
23Information Exchange with the Registry prior to his or her
24death may file a Registration Identification Form and an
25Information Exchange Authorization or a Denial of Information
26Exchange.

 

 

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1    (h) Any surviving spouse of a deceased adopted or
2surrendered person 21 years of age or over who has submitted
3proof of death for the deceased adopted or surrendered person
4and such adopted or surrendered person did not file a Denial of
5Information Exchange with the Registry prior to his or her
6death as well as a birth certificate naming themselves and the
7adopted or surrendered person as the parents of a minor child
8under the age of 21 may file a Registration Identification Form
9and an Information Exchange Authorization or a Denial of
10Information Exchange.
11    (i) Any adoptive parent or legal guardian of a deceased
12adopted or surrendered person who is 21 years of age or over
13who has submitted proof of death as well as proof of parentage
14or guardianship for the deceased adopted or surrendered person
15and such adopted or surrendered person did not file a Denial of
16Information Exchange with the Registry prior to his or her
17death may file a Registration Identification Form and an
18Information Exchange Authorization or a Denial of Information
19Exchange.
20    (j) The Department of Public Health shall supply to the
21adopted or surrendered person or his or her adoptive parents,
22legal guardians, adult children or surviving spouse, and to the
23birth parents identifying information only if both the adopted
24or surrendered person, or one of his or her adoptive parents,
25legal guardians, adult children or his or her surviving spouse,
26and the birth parents have filed with the Registry an

 

 

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1Information Exchange Authorization or a Birth Parent
2Preference Form on which Option A, B, or C was selected and the
3information at the Registry indicates that the consenting
4adopted or surrendered person, the child of the consenting
5adoptive parents or legal guardians, the parent of the
6consenting adult child of the adopted or surrendered person, or
7the deceased wife or husband of the consenting surviving spouse
8is the child of the consenting birth parents, except
9identifying information that appears on a non-certified copy of
10an original birth certificate may be provided to an adult
11adopted or surrendered person or to the surviving adult child
12or surviving spouse of a deceased adopted or surrendered person
13pursuant to the procedures outlined in Section 18.1b(e) of this
14Act.
15    The Department of Public Health shall supply to adopted or
16surrendered persons who are birth siblings identifying
17information only if both siblings have filed with the Registry
18an Information Exchange Authorization and the information at
19the Registry indicates that the consenting siblings have one or
20both birth parents in common. Identifying information shall be
21supplied to consenting birth siblings who were adopted or
22surrendered if any such sibling is 21 years of age or over.
23Identifying information shall be supplied to consenting birth
24siblings who were not adopted or surrendered if any such
25sibling is 21 years of age or over and has proof of death of the
26common birth parent and such birth parent did not file a Denial

 

 

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1of Information Exchange or a Birth Parent Preference Form on
2which Option E was selected with the Registry prior to his or
3her death.
4    (k) The Department of Public Health shall supply to the
5adopted or surrendered person or his or her adoptive parents,
6legal guardians, adult children or surviving spouse, and to a
7birth aunt identifying information only if both the adopted or
8surrendered person or one of his or her adoptive parents, legal
9guardians, adult children or his or her surviving spouse, and
10the birth aunt have filed with the Registry an Information
11Exchange Authorization and the information at the Registry
12indicates that the consenting adopted or surrendered person, or
13the child of the consenting adoptive parents or legal
14guardians, or the parent of the consenting adult child, or the
15deceased wife or husband of the consenting surviving spouse of
16the adopted or surrendered person is or was the child of the
17brother or sister of the consenting birth aunt.
18    (l) The Department of Public Health shall supply to the
19adopted or surrendered person or his or her adoptive parents,
20legal guardians, adult children or surviving spouse, and to a
21birth uncle identifying information only if both the adopted or
22surrendered person or one of his or her adoptive parents, legal
23guardians, adult children or his or her surviving spouse, and
24the birth uncle have filed with the Registry an Information
25Exchange Authorization and the information at the Registry
26indicates that the consenting adopted or surrendered person, or

 

 

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1the child of the consenting adoptive parents or legal
2guardians, or the parent of the consenting adult child, or the
3deceased wife or husband of the consenting surviving spouse of
4the adopted or surrendered person is or was the child of the
5brother or sister of the consenting birth uncle.
6    (m) A registrant may notify the Registry of his or her
7desire not to have identifying information revealed or may
8revoke any previously filed Information Exchange Authorization
9by completing and filing with the Registry a Registry
10Identification Form along with a Denial of Information
11Exchange. Any registrant, except a birth parent, may revoke his
12or her Denial of Information Exchange by filing an Information
13Exchange Authorization. A birth parent may revoke a Denial of
14Information Exchange by filing a Birth Parent Preference Form.
15Any birth parent who has previously filed a Birth Parent
16Preference Form where Option E was selected may revoke such
17preference by filing a subsequent Birth Parent Preference Form
18and selecting Option A, B, C, or D. The Department of Public
19Health shall act in accordance with the most recently filed
20affidavit.
21    (n) Identifying information ascertained from the Registry
22shall be confidential and may be disclosed only (1) upon a
23Court Order, which order shall name the person or persons
24entitled to the information, or (2) to a registrant who is the
25subject of an Information Exchange Authorization that was
26completed by another registrant and filed with the Illinois

 

 

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1Adoption Registry and Medical Information Exchange, or (3) as
2authorized under subsection (h) of Section 18.3 of this Act, or
3(4) pursuant to the procedures outlined in Section 18.1b(e) of
4this Act. Any person who willfully provides unauthorized
5disclosure of any information filed with the Registry or who
6knowingly or intentionally files false information with the
7Registry shall be guilty of a Class A misdemeanor and shall be
8liable for damages.
9    (o) If information is disclosed pursuant to this Act, the
10Department shall redact it to remove any identifying
11information about any party who has not consented to the
12disclosure of such identifying information, or, in the case of
13identifying information on the original birth certificate,
14pursuant to Section 18.1b(e) of this Act.
15(Source: P.A. 96-895, eff. 5-21-10.)
 
16    (750 ILCS 50/18.1a)
17    Sec. 18.1a. Registry matches.
18    (a) The Registry shall release identifying information, as
19specified on the applicant's Information Exchange
20Authorization, to the following mutually consenting registered
21parties and provide them with any photographs or correspondence
22which have been placed in the Adoption/Surrender Records File
23and are specifically intended for the registered parties:
24        (i) an adult adopted or surrendered person and one of
25    his or her birth relatives who have both filed an

 

 

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1    applicable Information Exchange Authorization specifying
2    the other consenting party with the Registry, if
3    information available to the Registry confirms that the
4    consenting adopted or surrendered person is biologically
5    related to 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

 

 

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1    related to the consenting birth relative.
2    (b) If a registrant is the subject of a Denial of
3Information Exchange filed by another registered party or is an
4adopted or surrendered person, or the surviving relative of a
5deceased adopted or surrendered person, and a birth parent of
6the adopted or surrendered person completed a Birth Parent
7Preference Form and selected Option E, the Registry shall not
8release identifying information to either registrant or, if
9applicable, to an adopted person who has requested a copy of
10his or her original birth certificate, with the exception of
11non-certified copies of the original birth certificate
12released under Section 18.1b(e), and as to a birth parent who
13has prohibited release of identifying information on the
14original birth certificate to the adult adopted or surrendered
15person, upon the death of said birth parent.
16    (c) If a registrant has completed a Medical Information
17Exchange Questionnaire and has consented to its disclosure,
18that Questionnaire shall be released to any registered party
19who has indicated their desire to receive such information on
20his or her Illinois Adoption Registry Application, if
21information available to the Registry confirms that the
22consenting parties are biologically related, that the
23consenting birth relative and the child of the consenting
24adoptive parents or legal guardians are birth relatives, or
25that the consenting birth relative and the deceased wife or
26husband of the consenting surviving spouse are birth relatives.

 

 

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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.
4The Illinois Adoption Registry Application shall substantially
5include the following:
6    (a) General Information. The Illinois Adoption Registry
7Application shall include the space to provide Information
8about the registrant including his or her surname, given name
9or names, social security number (optional), mailing address,
10home telephone number, gender, date and place of birth, and the
11date of registration. If applicable and known to the
12registrant, he or she may include the maiden surname of the
13birth mother, any subsequent surnames of the birth mother, the
14surname of the birth father, the given name or names of the
15birth parents, the dates and places of birth of the birth
16parents, the surname and given name or names of the adopted
17person prior to adoption, the gender and date and place of
18birth of the adopted or surrendered person, the name of the
19adopted person following his or her adoption and the state and
20county where the judgment of adoption was finalized.
21    (b) Medical Information Exchange Questionnaire. In
22recognition of the importance of medical information and of
23recent discoveries regarding the genetic origin of many medical
24conditions and diseases all registrants shall be asked to
25voluntarily complete a Medical Information Exchange

 

 

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1Questionnaire. The Medical Information Exchange Questionnaire
2shall include a comprehensive check-list of medical conditions
3and 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

 

 

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1    information exchanged through the Registry.
2    (c) Written statement. All registrants shall be given the
3opportunity to voluntarily file a written statement with the
4Registry. This statement shall be submitted in the space
5provided. No written statement submitted to the Registry shall
6include identifying information pertaining to any person other
7than the registrant who submitted it. Any such identifying
8information shall be redacted by the Department or returned for
9removal of identifying information.
10    (d) Exchange of information. All registrants except birth
11parents may indicate their wishes regarding contact and the
12exchange of identifying and/or medical information with any
13other registrant by completing an Information Exchange
14Authorization or a Denial of Information Exchange. Birth
15parents may indicate their wishes regarding contact by filing a
16Birth Parent Preference Form pursuant to the procedures
17outlined 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

 

 

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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

 

 

09600HB1445ham001- 22 -LRB096 05030 AJO 44023 a

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.

 

 

09600HB1445ham001- 23 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 24 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 25 -LRB096 05030 AJO 44023 a

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
22original birth certificate by an adult adopted or surrendered
23person or by a surviving adult child or surviving spouse of a
24deceased 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

 

 

09600HB1445ham001- 26 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 27 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 28 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 29 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 30 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 31 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 32 -LRB096 05030 AJO 44023 a

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

 

 

09600HB1445ham001- 33 -LRB096 05030 AJO 44023 a

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        (11) In cases where the Illinois Department of Public
19    Health is unable to locate the original birth certificate
20    of an adult adopted person who was born prior to January 1,
21    1946, and is therefore unable to provide the adopted person
22    or his or her surviving spouse or adult child with a
23    non-certified copy of the adopted person's original birth
24    certificate pursuant to the procedures outlined in this
25    Section, any licensed Illinois child welfare agency which
26    possesses identifying information pertaining to the birth

 

 

09600HB1445ham001- 34 -LRB096 05030 AJO 44023 a

1    parent or parents of the adult adopted person shall release
2    the first and last names of the birth parent or parents of
3    the adult adopted person to him or her or to his or her
4    surviving spouse or adult child upon written request
5    provided that:
6            (A) the written request for identifying
7        information is accompanied by a letter from the
8        Illinois Department of Public Health attesting to the
9        fact that the adult adopted person's original birth
10        certificate could not be located after a search; and
11            (B) the Illinois amended birth certificate for the
12        adult adopted person either indicates that he or she
13        was born in Illinois or provides no indication as to
14        the adopted person's state of birth.
15    (f) A registrant may complete all or any part of the
16Illinois Adoption Registry Application. All Illinois Adoption
17Registry Applications, Information Exchange Authorizations,
18Denials of Information Exchange, requests to revoke an
19Information Exchange Authorization or Denial of Information
20Exchange, Birth Parent Preference Forms, and affidavits
21submitted to the Registry shall be accompanied by proof of
22identification.
23(Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
 
24    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
25    Sec. 18.2. Forms.

 

 

09600HB1445ham001- 35 -LRB096 05030 AJO 44023 a

1    (a) The Department shall develop the Illinois Adoption
2Registry forms as provided in this Section. The General
3Assembly shall reexamine the content of the form as requested
4by the Department, in consultation with the Registry Advisory
5Council. The form of the Birth Parent Registration
6Identification Form shall be substantially as follows:
7
BIRTH PARENT REGISTRATION IDENTIFICATION
8
(Insert all known information)
9I, ....., state that I am the ...... (mother or father) of the
10following child:
11    Child's original name: ..... (first) ..... (middle) .....
12        (last), ..... (hour of birth), ..... (date of birth),
13        ..... (city and state of birth), ..... (name of
14        hospital).
15    Father's full name: ...... (first) ...... (middle) .....
16        (last), ..... (date of birth), ..... (city and state of
17        birth).
18    Name of mother inserted on birth certificate: ..... (first)
19        ..... (middle) ..... (last), ..... (race), ..... (date
20        of birth), ...... (city and state of birth).
21That I surrendered my child to: ............. (name of agency),
22    ..... (city and state of agency), ..... (approximate date
23    child surrendered).
24That I placed my child by private adoption: ..... (date),
25    ...... (city and state).
26Name of adoptive parents, if known: ......

 

 

09600HB1445ham001- 36 -LRB096 05030 AJO 44023 a

1Other identifying information: .....
2
........................
3
(Signature of parent)
4............                        ........................
5(date)                               (printed name of parent)
 
6    (b) The form of the Adopted Person Registration
7Identification shall be substantially as follows:
8
ADOPTED PERSON
9
REGISTRATION IDENTIFICATION
10
(Insert all known information)
11I, ....., state the following:
12    Adopted Person's present name: ..... (first) .....
13        (middle) ..... (last).
14    Adopted Person's name at birth (if known): ..... (first)
15        ..... (middle) ..... (last), ..... (birth date), .....
16        (city and state of birth), ...... (sex), ..... (race).
17    Name of adoptive father: ..... (first) ..... (middle) .....
18        (last), ..... (race).
19    Maiden name of adoptive mother: ..... (first) .....
20        (middle) ..... (last), ..... (race).
21    Name of birth mother (if known): ..... (first) .....
22        (middle) ..... (last), ..... (race).
23    Name of birth father (if known): ..... (first) .....
24        (middle) ..... (last), ..... (race).
25    Name(s) at birth of sibling(s) having a common birth parent

 

 

09600HB1445ham001- 37 -LRB096 05030 AJO 44023 a

1        with adoptee (if known): ..... (first) ..... (middle)
2        ..... (last), ..... (race), and name of common birth
3        parent: ..... (first) ..... (middle) ..... (last),
4        ..... (race).
5I was adopted through: ..... (name of agency).
6I was adopted privately: ..... (state "yes" if known).
7I was adopted in ..... (city and state), ..... (approximate
8    date).
9Other identifying information: .............
10
......................
11
(signature of adoptee)
12...........                        .........................
13(date)                              (printed name of adoptee)
 
14    (c) The form of the Surrendered Person Registration
15Identification shall be substantially as follows:
16
SURRENDERED PERSON REGISTRATION
17
IDENTIFICATION
18
(Insert all known information)
19I, ....., state the following:
20    Surrendered Person's present name: ..... (first) .....
21        (middle) ..... (last).
22    Surrendered Person's name at birth (if known): .....
23        (first) ..... (middle) ..... (last), .....(birth
24        date), ..... (city and state of birth), ...... (sex),
25        ..... (race).

 

 

09600HB1445ham001- 38 -LRB096 05030 AJO 44023 a

1    Name of guardian father: ..... (first) ..... (middle) .....
2        (last), ..... (race).
3    Maiden name of guardian mother: ..... (first) .....
4        (middle) ..... (last), ..... (race).
5    Name of birth mother (if known): ..... (first) .....
6        (middle) ..... (last) ..... (race).
7    Name of birth father (if known): ..... (first) .....
8        (middle) ..... (last), .....(race).
9    Name(s) at birth of sibling(s) having a common birth parent
10        with surrendered person (if known): ..... (first)
11        ..... (middle) ..... (last), ..... (race), and name of
12        common birth parent: ..... (first) ..... (middle)
13        ..... (last), ..... (race).
14I was surrendered for adoption to: ..... (name of agency).
15I was surrendered for adoption in ..... (city and state), .....
16    (approximate date).
17Other identifying information: ............
18
................................
19
(signature of surrendered person)
20............                          ......................
21(date)                (printed name of person
22                                                             surrendered for adoption)
 
23    (c-3) The form of the Registration Identification Form for
24Surviving Relatives of Deceased Birth Parents shall be
25substantially as follows:

 

 

09600HB1445ham001- 39 -LRB096 05030 AJO 44023 a

1
REGISTRATION IDENTIFICATION FORM
2
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
3
(Insert all known information)
4I, ....., state the following:
5    Name of deceased birth parent at time of surrender:
6    Deceased birth parent's date of birth:
7    Deceased birth parent's date of death:
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).
12My relationship to the adopted or surrendered person (check
13one): (birth parent's non-surrendered child) (birth parent's
14sister) (birth parent's brother).
 
15If you are a non-surrendered child of the birth parent, provide
16name(s) at birth and age(s) of non-surrendered siblings having
17a common parent with the birth parent. If more than one
18sibling, please give information requested below on reverse
19side of this form. If you are a sibling or parent of the birth
20parent, provide name(s) at birth and age(s) of the sibling(s)
21of the birth parent. If more than one sibling, please give
22information requested below on reverse side of this form.
23    Name (First) ..... (middle) ..... (last), .....(birth
24        date), ..... (city and state of birth), ...... (sex),
25        ..... (race).

 

 

09600HB1445ham001- 40 -LRB096 05030 AJO 44023 a

1    Name(s) of common parent(s) (first) ..... (middle) .....
2        (last), .....(race), (first) ..... (middle) .....
3        (last), .....(race).
4My birth sibling/child of my brother/child of my sister/ was
5surrendered for adoption to ..... (name of agency) City and
6state of agency ..... Date .....(approximate) Other
7identifying information ..... (Please note that you must: (i)
8be at least 21 years of age to register; (ii) submit with your
9registration a certified copy of the birth parent's birth
10certificate; (iii) submit a certified copy of the birth
11parent's death certificate; and (iv) if you are a
12non-surrendered birth sibling or a sibling of the deceased
13birth parent, also submit a certified copy of your birth
14certificate with this registration. No application from a
15surviving relative of a deceased birth parent can be accepted
16if the birth parent filed a Denial of Information Exchange
17prior to his or her death.)
18
................................
19
(signature of birth parent's surviving relative)

 
20............                                     ............
21(date)                                (printed name of birth 
22                parent's surviving relative)
 
23    (c-5) The form of the Registration Identification Form for
24Surviving Relatives of Deceased Adopted or Surrendered Persons

 

 

09600HB1445ham001- 41 -LRB096 05030 AJO 44023 a

1shall be substantially as follows:
2
REGISTRATION IDENTIFICATION FORM FOR
3
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
4
(Insert all known information)
5I, ....., state the following:
6    Adopted or surrendered person's name at birth (if known):
7        (first) ..... (middle) ..... (last), .....(birth
8        date), ..... (city and state of birth), ...... (sex),
9        ..... (race).
10    Adopted or surrendered person's date of death:
11My relationship to the deceased adopted or surrendered
12person(check one): (adoptive mother) (adoptive father) (adult
13child) (surviving spouse).
14If you are an adult child or surviving spouse of the adopted or
15surrendered person, provide name(s) at birth and age(s) of the
16children of the adopted or surrendered person. If the adopted
17or surrendered person had more than one child, please give
18information requested below on reverse side of this form.
19    Name (first) ..... (middle) ..... (last), .....(birth
20        date), ..... (city and state of birth), ...... (sex),
21        ..... (race).
22    Name(s) of common parent(s) (first) ..... (middle) .....
23        (last), .....(race), (first) ..... (middle) .....
24        (last), .....(race).
25    My child/parent/deceased spouse was surrendered for
26    adoption to .....(name of agency) City and state of agency

 

 

09600HB1445ham001- 42 -LRB096 05030 AJO 44023 a

1    ..... Date ..... (approximate) Other identifying
2    information ..... (Please note that you must: (i) be at
3    least 21 years of age to register; (ii) submit with your
4    registration a certified copy of the adopted or surrendered
5    person's death certificate; (iii) if you are the child of a
6    deceased adopted or surrendered person, also submit a
7    certified copy of your birth certificate with this
8    registration; and (iv) if you are the surviving wife or
9    husband of a deceased adopted or surrendered person, also
10    submit a copy of your marriage certificate with this
11    registration. No application from a surviving relative of a
12    deceased adopted or surrendered person can be accepted if
13    the adopted or surrendered person filed a Denial of
14    Information Exchange prior to his or her death.)
15
................................
16
(signature of adopted or surrendered person's surviving
17        relative)
 
18............                                     ............
19(date)               (printed name of adopted
20                                                             person's surviving relative)
 
21    (d) The form of the Information Exchange Authorization
22shall be substantially as follows:
23
INFORMATION EXCHANGE AUTHORIZATION

 

 

09600HB1445ham001- 43 -LRB096 05030 AJO 44023 a

1    I, ....., state that I am the person who completed the
2Registration Identification; that I am of the age of .....
3years; that I hereby authorize the Department of Public Health
4to give to the following person(s) (birth mother ) (birth
5father) (birth sibling) (adopted or surrendered person )
6(adoptive mother) (adoptive father) (legal guardian of an
7adopted or surrendered person) (birth aunt) (birth uncle)
8(adult child of a deceased adopted or surrendered person)
9(surviving spouse of a deceased adopted or surrendered person)
10(all eligible relatives) the following (please check the
11information authorized for exchange):
12        [  ]  1. Only my name and last known address.
13        [  ]  2. A copy of my Illinois Adoption Registry
14    Application.
15        [  ]  3. A non-certified copy of the adopted or
16    surrendered person's original certificate of live birth
17    (check only if you are an adopted or surrendered person or
18    the surviving adult child or surviving spouse of a deceased
19    adopted or surrendered person).
20        [  ]  4. A copy of my completed medical questionnaire.
21    I am fully aware that I can only be supplied with
22information about an individual or individuals who have duly
23executed an Information Exchange Authorization that has not
24been revoked or, if I am an adopted or surrendered person who
25was born on or after January 1, 1946, from a birth parent who
26completed a Birth Parent Preference Form and did not prohibit

 

 

09600HB1445ham001- 44 -LRB096 05030 AJO 44023 a

1the release of his or her identity to me; that I can be
2contacted by writing to: ..... (own name or name of person to
3contact) (address) (phone number).
4NOTE: New IARMIE registrants who do not complete a Medical
5Information Exchange Questionnaire and release a copy of their
6questionnaire to at least one Registry applicant must pay a $15
7registration fee.
8    Dated (insert date).
9                                                             ..............
10                                               (signature)
 
11    (e) The form of the Denial of Information Exchange shall be
12substantially as follows:
13
DENIAL OF INFORMATION EXCHANGE
14    I, ....., state that I am the person who completed the
15Registration Identification; that I am of the age of .....
16years; that I hereby instruct the Department of Public Health
17not to give any identifying information about me to the
18following person(s) (birth mother) (birth father) (birth
19sibling)(adopted or surrendered person)(adoptive mother)
20(adoptive father)(legal guardian of an adopted or surrendered
21person)(birth aunt)(birth uncle)(adult child of a deceased
22adopted or surrendered person) (surviving spouse of a deceased
23adopted or surrendered person) (all eligible relatives).
24IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER
25JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH

 

 

09600HB1445ham001- 45 -LRB096 05030 AJO 44023 a

1PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH
2CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH
3PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING
4INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT
5ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT
6PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A
7BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH
8OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING
9INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN
10ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT
11CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED
12PERSON.
13    I do/do not (circle appropriate response) authorize the
14Registry to release a copy of my completed Medical Information
15Exchange Questionnaire to qualified Registry applicants. NOTE:
16New IARMIE registrants who do not complete a Medical
17Information Exchange Questionnaire and release a copy of their
18questionnaire to at least one Registry applicant must pay a $15
19registration fee. Birth parents filing a Denial of Information
20Exchange are advised that, under Illinois law, an adult adopted
21person may initiate a search for a birth parent who has filed a
22Denial of Information Exchange through the State confidential
23intermediary program once 5 years have elapsed since the filing
24of the Denial of Information Exchange.
25    Dated (insert date).
26                                                             ...............        

 

 

09600HB1445ham001- 46 -LRB096 05030 AJO 44023 a

1                                      (signature)
 
2    (f) The form of the Birth Parent Preference Form shall be
3substantially as follows:
4    In recognition of the basic right of all persons to access
5their birth records, Illinois law now provides for the release
6of original birth certificates to adopted and surrendered
7persons 21 years of age or older upon request. While many birth
8parents are comfortable sharing their identities or initiating
9contact with their birth sons and daughters once they have
10reached adulthood, Illinois law also recognizes that there may
11be unique situations where a birth parent might have a
12compelling reason for not wishing to establish contact with a
13birth son or daughter or for not wishing to release identifying
14information that appears on the original birth certificate of a
15birth son or daughter who has reached adulthood. The Illinois
16Adoption Registry and Medical Information Exchange (IARMIE)
17has therefore established this form to allow birth parents
18whose birth son or daughter was born on or after January 1,
191946, to express their preferences wishes regarding contact;
20and, if their child was born on or after January 1, 1946, to
21prohibit the release the sharing of identifying information
22listed on the original birth certificate during his or her
23lifetime to with an adult adopted or surrendered person who has
24reached the age of 21 or his or her surviving relatives.
25    In selecting one of the 5 options below, birth parents

 

 

09600HB1445ham001- 47 -LRB096 05030 AJO 44023 a

1should keep in mind that the decision to deny an adult adopted
2or surrendered person access to identifying information on his
3or her original birth record and/or information about
4genetically-transmitted diseases is an important one that can
5impact the adopted or surrendered person's life in many ways. A
6request for anonymity on this form only pertains to information
7that is provided to an adult adopted or surrendered person or
8his or her surviving relatives through the Registry and does
9not prevent the disclosure of identifying information that may
10be available to the adoptee through his or her adoptive parents
11and/or other means available to him or her. Birth parents who
12would prefer not to be contacted by their surrendered son or
13daughter are strongly urged to complete both the
14Non-Identifying Information Section included on the final page
15of this document and the Medical Questionnaire in order to
16provide their surrendered son or daughter with the background
17information their surrendered son or daughter may need to
18better understand himself or herself and his or her origins.
19Furthermore, birth parents whose surrendered son or daughter is
20under 21 years of age at the time of completion of this form
21are reminded that, since Since no original birth certificates
22are released by the IARMIE before an adoptee has reached the
23age of 21, birth parents whose surrendered son or daughter is
24under 21 years of age and birth parents are encouraged to take
25as much time as they need to weigh the options available to
26them before completing this form. Should you need additional

 

 

09600HB1445ham001- 48 -LRB096 05030 AJO 44023 a

1assistance in completing this form, please contact the agency
2that handled the adoption, if applicable, or the Illinois
3Adoption Registry and Medical Information Exchange at
4217-557-5159.
5    After careful consideration, I, (insert your name) ......,
6have made the following decision regarding contact with my
7birth son/birth daughter, (insert birth son's/birth daughter's
8name at birth, if applicable) ......, who was born in (insert
9city/town of birth) ...... on (insert date of birth)...... and
10the release of my identifying information as it appears on
11his/her original birth certificate when he/she reaches the age
12of 21, and I have chosen Option ...... (insert A, B, C, D, or E,
13as applicable). I realize that this form must be accompanied by
14a completed IARMIE application form as well as a Medical
15Information Exchange Questionnaire or the $15 registration
16fee. I am also aware that I may revoke this decision at any
17time by completing a new Birth Parent Preference Form and
18filing it with the IARMIE. I understand that it is my
19responsibility to update the IARMIE with any changes to contact
20information provided below. I also understand that, while
21preferences regarding the release of identifying information
22through the Registry are binding unless the law should change
23in the future, any selection I have made regarding my preferred
24method of contact is not.
25....................................
26(Signature/Date)
 

 

 

09600HB1445ham001- 49 -LRB096 05030 AJO 44023 a

1(Please insert your signature and today's date above, as well
2as under your chosen option, A, B, C, D, or E below.)
 
3Option A. My birth son or birth daughter was born on or after
4January 1, 1946, and I agree to the release of my identifying
5information as it appears on my birth son's/birth daughter's
6original birth certificate, OR my birth son or birth daughter
7was born prior to January 1, 1946. I would welcome direct
8contact with my birth son/birth daughter when he or she has
9reached the age of 21 and I wish to be contacted at the
10following mailing address, email address or phone number:
11...
12.............................................................
13.............................................................
14.............................................................
15(Signature/Date)
 
16Option B. My birth son or birth daughter was born on or after
17January 1, 1946, and I agree to the release of my identifying
18information as it appears on my birth son's/birth daughter's
19original birth certificate, OR my birth son or birth daughter
20was born prior to January 1, 1946. I would welcome contact with
21my birth son/birth daughter when he or she has reached the age
22of 21, but I would prefer to be contacted through the following
23person. (Insert name and mailing address, email address or

 

 

09600HB1445ham001- 50 -LRB096 05030 AJO 44023 a

1phone number of chosen contact person.)
2.....................
3.............................................................
4(Signature/Date)
 
5Option C. My birth son or birth daughter was born on or after
6January 1, 1946, and I agree to the release of my identifying
7information name as it appears on my birth son's/birth
8daughter's original birth certificate, OR my birth son or birth
9daughter was born prior to January 1, 1946. I would welcome
10contact with my birth son/birth daughter when he or she has
11reached the age of 21, but I would prefer to be contacted
12through the Illinois confidential intermediary program (please
13call 800-526-9022 for additional information) or through the
14agency that handled the adoption. (Insert agency name, address
15and phone number, if applicable.)
16...........................
17.............................................................
18(Signature/Date)
 
19Option D. My birth son or birth daughter was born on or after
20January 1, 1946, and I agree to the release of my identifying
21information name as it appears on my birth son's/birth
22daughter's original birth certificate, OR my birth son or birth
23daughter was born prior to January 1, 1946. but I would prefer
24not to be contacted by my birth son/birth daughter when he or

 

 

09600HB1445ham001- 51 -LRB096 05030 AJO 44023 a

1she has reached the age of 21.
2..............................
3(Signature/Date)
 
4Option E. My birth son or birth daughter was born on or after
5January 1, 1946, and I wish to prohibit the release of my
6(circle ALL applicable options) first name, last name, last
7known address, birth son/birth daughter's last name (if last
8name listed is same as mine), as they appear on my birth
9son's/birth daughter's original birth certificate and do not
10wish to be contacted by my birth son/birth daughter when he or
11she has reached the age of 21. If there were any special
12circumstances that played a role in your decision to remain
13anonymous which you would like to share with your birth
14son/birth daughter, please list them in the space provided
15below (optional).
16...........................................
17.............................................................
18I understand that, although I have chosen to prohibit the
19release of my identity on the non-certified copy of the
20original birth certificate released to my birth son/birth
21daughter, he or she may request that a court-appointed
22confidential intermediary contact me to request updated
23medical information and/or confirm my desire to remain
24anonymous once 5 years have elapsed since the signing of this
25form; at the time of this subsequent search, I wish to be

 

 

09600HB1445ham001- 52 -LRB096 05030 AJO 44023 a

1contacted through the person named below. (Insert in blank area
2below the name and phone number of the contact person, or leave
3it blank if you wish to be contacted directly.) I also
4understand that this request for anonymity shall expire upon my
5death.
6......................................................
7.............................................................
8(Signature/Date)
 
9NOTE: A copy of this form will be forwarded to your birth son
10or birth daughter should he or she file a request for his or
11her original birth certificate with the IARMIE. However, if you
12have selected Option E, identifying information, per your
13specifications above, will be deleted from the copy of this
14form forwarded to your birth son or daughter during your
15lifetime. In the event that an adopted or surrendered person is
16deceased, his or her surviving adult children may request a
17copy of the adopted or surrendered person's original birth
18certificate providing they have registered with the IARMIE; the
19copy of this form and the non-certified copy of the original
20birth certificate forwarded to the surviving child of the
21adopted or surrendered person shall be redacted per your
22specifications on this form during your lifetime.
23Non-Identifying Information Section
24I wish to voluntarily provide the following non-identifying
25information to my birth son or birth daughter surrendered son

 

 

09600HB1445ham001- 53 -LRB096 05030 AJO 44023 a

1or daughter:
2My age at the time of my child's birth was .........
3My race is best described as: ..........................
4My height is: .........
5My body type is best described as (circle one): slim, average,
6muscular, a few extra pounds, or more than a few extra pounds.
7My natural hair color is/was: ..................
8My eye color is: ..................
9My religion is best described as: ..................
10My ethnic background is best described as: ..................
11My educational level is closest to (circle applicable
12response): completed elementary school, graduated from
13high school, attended college, earned bachelor's degree,
14earned master's degree, earned doctoral degree.
15My occupation is best described as ..................
16My hobbies include ..................
17My interests include ..................
18My talents include ..................
19In addition to my surrendered son or daughter, I also
20am the biological parent of (insert number) ....... boys and
21(insert number) ....... girls, of whom (insert number) .......
22are still living.
23The relationship between me and my child's birth mother/birth
24father would best be described as (circle appropriate
25response): husband and wife, ex-spouses, boyfriend and
26girlfriend, casual acquaintances, other (please specify)

 

 

09600HB1445ham001- 54 -LRB096 05030 AJO 44023 a

1..............
2    (g) The form of the Request for a Non-Certified Copy of an
3Original Birth Certificate shall be substantially as follows:
4
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
5
CERTIFICATE
6    I, (requesting party's full name) ....., hereby request a
7non-certified copy of (check appropriate option) ..... my
8original birth certificate ..... the original birth
9certificate of my deceased adopted or surrendered parent .....
10the original birth certificate of my deceased adopted or
11surrendered spouse (insert deceased parent's/deceased spouse's
12name at adoption) ...... I/my deceased parent/my deceased
13spouse was born in (insert city and county of adopted or
14surrendered person's birth) ..... on ..... (insert adopted or
15surrendered person's date of birth). In the event that one or
16both of my/my deceased parent's/my deceased spouse's birth
17parents has requested that their identity not be released to
18me/to my deceased parent/to my deceased spouse, I wish to
19(check appropriate option) ..... a. receive a non-certified
20copy of the original birth certificate from which identifying
21information pertaining to the birth parent who requested
22anonymity has been deleted; or ..... b. I do not wish to
23received an altered copy of the original birth certificate.
24    Dated (insert date).
25        ...................
26
(signature)
     

 

 

 

09600HB1445ham001- 55 -LRB096 05030 AJO 44023 a

1    (h) Any Information Exchange Authorization, Denial of
2Information Exchange, or Birth Parent Preference Form filed
3with the Registry, or Request for a Non-Certified Copy of an
4Original Birth Certificate filed with the Registry by a
5surviving adult child or surviving spouse of a deceased adopted
6or surrendered person, shall be acknowledged by the person who
7filed it before a notary public, in form substantially as
8follows:
9State of ..............
10County of .............
11    I, a Notary Public, in and for the said County, in the
12State aforesaid, do hereby certify that ...............
13personally known to me to be the same person whose name is
14subscribed to the foregoing certificate of acknowledgement,
15appeared before me in person and acknowledged that (he or she)
16signed such certificate as (his or her) free and voluntary act
17and 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
22Authorization, Denial of Information Exchange, or Birth Parent
23Preference Form or Request for a Non-Certified Copy of an
24Original Birth Certificate completed by a surviving adult child

 

 

09600HB1445ham001- 56 -LRB096 05030 AJO 44023 a

1or surviving spouse of a deceased adopted or surrendered person
2is acknowledged before a representative of an agency, such
3representative shall have his signature on said Certificate
4acknowledged before a notary public, in form substantially as
5follows:
6State of..........
7County of.........
8    I, a Notary Public, in and for the said County, in the
9State aforesaid, do hereby certify that ..... personally known
10to me to be the same person whose name is subscribed to the
11foregoing certificate of acknowledgement, appeared before me
12in person and acknowledged that (he or she) signed such
13certificate as (his or her) free and voluntary act and that the
14statements in such certificate are true.
15    Given under my hand and notarial seal on (insert date).
16
.......................
17
(signature)
   
 
18    (j) When an Illinois Adoption Registry Application,
19Information Exchange Authorization, Denial of Information
20Exchange, Birth Parent Preference Form, or Request for a
21Non-Certified Copy of an Original Birth Certificate completed
22by a surviving adult child or surviving spouse of a deceased
23adopted or surrendered person is executed in a foreign country,
24the execution of such document shall be acknowledged or
25affirmed before an officer of the United States consular

 

 

09600HB1445ham001- 57 -LRB096 05030 AJO 44023 a

1services.
2    (k) If the person signing an Information Exchange
3Authorization, Denial of Information, Birth Parent Preference
4Form, or Request for a Non-Certified Copy of an Original Birth
5Certificate completed by a surviving adult child or surviving
6spouse of a deceased adopted or surrendered person is in the
7military service of the United States, the execution of such
8document may be acknowledged before a commissioned officer and
9the signature of such officer on such certificate shall be
10verified or acknowledged before a notary public or by such
11other procedure as is then in effect for such division or
12branch of the armed forces.
13    (l) An adopted or surrendered person who completes a
14Request For a Non-Certified Copy of the Original Birth
15Certificate shall meet the same filing requirements and pay the
16same filing fees as a non-adopted person seeking to obtain a
17copy of his or her original birth certificate.
18(Source: P.A. 96-895, eff. 5-21-10.)
 
19    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
20    Sec. 18.3a. Confidential intermediary.
21    (a) General purposes. Notwithstanding any other provision
22of this Act, any adopted or surrendered person 21 years of age
23or over, any adoptive parent or legal guardian of an adopted or
24surrendered person under the age of 21, or any birth parent of
25an adopted or surrendered person who is 21 years of age or over

 

 

09600HB1445ham001- 58 -LRB096 05030 AJO 44023 a

1may petition the court in any county in the State of Illinois
2for appointment of a confidential intermediary as provided in
3this Section for the purpose of exchanging medical information
4with one or more mutually consenting biological relatives,
5obtaining identifying information about one or more mutually
6consenting biological relatives, or arranging contact with one
7or more mutually consenting biological relatives.
8Additionally, in cases where an adopted or surrendered person
9is deceased, an adult child of the adopted or surrendered
10person or his or her adoptive parents or surviving spouse may
11file a petition under this Section and in cases where the birth
12parent is deceased, an adult birth sibling of the adopted or
13surrendered person or of the deceased birth parent may file a
14petition under this Section for the purpose of exchanging
15medical information with one or more mutually consenting
16biological relatives of the adopted or surrendered person,
17obtaining identifying information about one or more mutually
18consenting biological relatives of the adopted or surrendered
19person, or arranging contact with one or more mutually
20consenting biological relatives of the adopted or surrendered
21person. Beginning January 1, 2006, any adopted or surrendered
22person 21 years of age or over; any adoptive parent or legal
23guardian of an adopted or surrendered person under the age of
2421; any birth parent, birth sibling, birth aunt, or birth uncle
25of an adopted or surrendered person over the age of 21; any
26surviving child, adoptive parent, or surviving spouse of a

 

 

09600HB1445ham001- 59 -LRB096 05030 AJO 44023 a

1deceased adopted or surrendered person who wishes to petition
2the court for the appointment of a confidential intermediary
3shall be required to accompany their petition with proof of
4registration with the Illinois Adoption Registry and Medical
5Information Exchange.
6    (b) Petition. Upon petition by an adopted or surrendered
7person 21 years of age or over (an "adult adopted or
8surrendered person"), an adoptive parent or legal guardian of
9an adopted or surrendered person under the age of 21, or a
10birth parent of an adopted or surrendered person who is 21
11years of age or over, the court shall appoint a confidential
12intermediary. Upon petition by an adult child, adoptive parent
13or surviving spouse of an adopted or surrendered person who is
14deceased, by an adult birth sibling of an adopted or
15surrendered person whose common birth parent is deceased and
16whose adopted or surrendered birth sibling is 21 years of age
17or over, or by an adult sibling of a birth parent who is
18deceased, and whose surrendered child is 21 years of age or
19over, the court may appoint a confidential intermediary if the
20court finds that the disclosure is of greater benefit than
21nondisclosure. The petition shall state which biological
22relative or relatives are being sought and shall indicate if
23the petitioner wants to do any one or more of the following:
24exchange medical information with the biological relative or
25relatives, obtain identifying information from the biological
26relative or relatives, or to arrange contact with the

 

 

09600HB1445ham001- 60 -LRB096 05030 AJO 44023 a

1biological relative.
2    (c) Order. The order appointing the confidential
3intermediary shall allow that intermediary to conduct a search
4for the sought-after relative by accessing those records
5described in subsection (g) of this Section.
6    (d) Fees and expenses. The court shall condition the
7appointment of the confidential intermediary on the
8petitioner's payment of the intermediary's fees and expenses in
9advance of the commencement of the work of the confidential
10intermediary. However, no fee shall be charged if the
11petitioner is an adult adopted or surrendered person and the
12sought-after relative is a birth parent who filed a Denial with
13the Registry prior to January 1, 2011, or filed a Birth Parent
14Preference Form on which Option E was selected after January 1,
152011 and more than 5 years have transpired since the birth
16parent filed the Denial of Information Exchange or Birth Parent
17Preference Form on which Option E was selected.
18    (e) Eligibility of intermediary. The court may appoint as
19confidential intermediary any person certified by the
20Department of Children and Family Services as qualified to
21serve as a confidential intermediary. Certification shall be
22dependent upon the confidential intermediary completing a
23course of training including, but not limited to, applicable
24federal and State privacy laws.
25    (f) Confidential Intermediary Council. There shall be
26established under the Department of Children and Family

 

 

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1Services a Confidential Intermediary Advisory Council. One
2member shall be an attorney representing the Attorney General's
3Office appointed by the Attorney General. One member shall be a
4currently certified confidential intermediary appointed by the
5Director of the Department of Children and Family Services. The
6Director shall also appoint 5 additional members. When making
7those appointments, the Director shall consider advocates for
8adopted persons, adoptive parents, birth parents, lawyers who
9represent clients in private adoptions, lawyers specializing
10in privacy law, and representatives of agencies involved in
11adoptions. The Director shall appoint one of the 7 members as
12the chairperson. An attorney from the Department of Children
13and Family Services and the person directly responsible for
14administering the confidential intermediary program shall
15serve as ex-officio, non-voting advisors to the Council.
16Council members shall serve at the discretion of the Director
17and shall receive no compensation other than reasonable
18expenses approved by the Director. The Council shall meet no
19less than twice yearly and shall meet at least once yearly with
20the Registry Advisory Council, and shall make recommendations
21to the Director regarding the development of rules, procedures,
22and forms that will ensure efficient and effective operation of
23the confidential intermediary process, including:
24        (1) Standards for certification for confidential
25    intermediaries.
26        (2) Oversight of methods used to verify that

 

 

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1    intermediaries are complying with the appropriate laws.
2        (3) Training for confidential intermediaries,
3    including training with respect to federal and State
4    privacy laws.
5        (4) The relationship between confidential
6    intermediaries and the court system, including the
7    development of sample orders defining the scope of the
8    intermediaries' access to information.
9        (5) Any recent violations of policy or procedures by
10    confidential intermediaries and remedial steps, including
11    decertification, to prevent future violations.
12    (g)  Access. Subject to the limitations of subsection (i)
13of this Section, the confidential intermediary shall have
14access to vital records or a comparable public entity that
15maintains vital records in another state in accordance with
16that state's laws, maintained by the Department of Public
17Health and its local designees for the maintenance of vital
18records or a comparable public entity that maintains vital
19records in another state in accordance with that state's laws
20and all records of the court or any adoption agency, public or
21private, as limited in this Section, which relate to the
22adoption or the identity and location of an adopted or
23surrendered person, of an adult child or surviving spouse of a
24deceased adopted or surrendered person, or of a birth parent,
25birth sibling, or the sibling of a deceased birth parent. The
26confidential intermediary shall not have access to any personal

 

 

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1health information protected by the Standards for Privacy of
2Individually Identifiable Health Information adopted by the
3U.S. Department of Health and Human Services under the Health
4Insurance Portability and Accountability Act of 1996 unless the
5confidential intermediary has obtained written consent from
6the person whose information is being sought by an adult
7adopted or surrendered person or, if that person is a minor
8child, that person's parent or guardian. Confidential
9intermediaries shall be authorized to inspect confidential
10relinquishment and adoption records. The confidential
11intermediary shall not be authorized to access medical records,
12financial records, credit records, banking records, home
13studies, attorney file records, or other personal records. In
14cases where a birth parent is being sought, an adoption agency
15shall inform the confidential intermediary of any statement
16filed pursuant to Section 18.3, hereinafter referred to as "the
1718.3 statement", indicating a desire of the surrendering birth
18parent to have identifying information shared or to not have
19identifying information shared. If there was a clear statement
20of intent by the sought-after birth parent not to have
21identifying information shared, the confidential intermediary
22shall discontinue the search and inform the petitioning party
23of the sought-after relative's intent unless the birth parent
24filed the 18.3 statement prior to the effective date of this
25amendatory Act of the 96th General Assembly and more than 5
26years have elapsed since the filing of the 18.3 statement. If

 

 

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1the adult adopted or surrendered person is the subject of an
218.3 statement indicating a desire not to establish contact
3which was filed more than 5 years prior to the search request,
4the confidential intermediary shall confirm the petitioner's
5desire to continue the search. Information provided to the
6confidential intermediary by an adoption agency shall be
7restricted to the full name, date of birth, place of birth,
8last known address, last known telephone number of the
9sought-after relative or, if applicable, of the children or
10siblings of the sought-after relative, and the 18.3 statement.
11    (h) Adoption agency disclosure of medical information. If
12the petitioner is an adult adopted or surrendered person or the
13adoptive parent of a minor and if the petitioner has signed a
14written authorization to disclose personal medical
15information, an adoption agency disclosing information to a
16confidential intermediary shall disclose available medical
17information about the adopted or surrendered person from birth
18through adoption.
19    (i) Duties of confidential intermediary in conducting a
20search. In conducting a search under this Section, the
21confidential intermediary shall first confirm that there is no
22Denial of Information Exchange on file with the Illinois
23Adoption Registry. If the petitioner is an adult child of an
24adopted or surrendered person who is deceased, the confidential
25intermediary shall additionally confirm that the adopted or
26surrendered person did not file a Denial of Information

 

 

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1Exchange or a Birth Parent Preference Form with Option E
2selected with the Illinois Adoption Registry during his or her
3life. If there is a Denial on file with the Registry, the
4confidential intermediary must discontinue the search unless
5the petitioner is an adult adopted or surrendered person and
6the sought-after birth relative filed the Denial 5 years or
7more prior to the search or the birth parent has not been the
8object of a search through the State confidential intermediary
9program for 10 or more years. If the petitioner is an adult
10adopted or surrendered person and there is a Birth Parent
11Preference Form on file with the Registry and the birth parent
12who completed the form selected Option E, the confidential
13intermediary must discontinue the search unless 5 years or more
14have elapsed since the filing of the Birth Parent Preference
15Form. If the petitioner is an adult birth sibling of an adopted
16or surrendered person or an adult sibling of a birth parent who
17is deceased, the confidential intermediary shall additionally
18confirm that the birth parent did not file a Denial of
19Information Exchange or a Birth Parent Preference Form with
20Option E selected with the Registry during his or her life. If
21the confidential intermediary learns that a sought-after birth
22parent signed an 18.3 statement indicating his or her intent
23not to have identifying information shared, and did not later
24file an Information Exchange Authorization or a Birth Parent
25Preference Form with the Registry, the confidential
26intermediary shall discontinue the search and inform the

 

 

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1petitioning party of the birth parent's intent, unless the
2petitioner is an adult adopted or surrendered person and 5
3years or more have elapsed since the birth parent signed the
4statement indicating his or her intent not to have identifying
5information shared. In cases where the birth parent filed a
6Denial of Information Exchange or Birth Parent Preference Form
7where Option E was selected, or statement indicating his or her
8intent not to have identifying information shared less than 5
9years prior to the search request and the petitioner is an
10adult adopted or surrendered person, the confidential
11intermediary shall inform the petitioner of the need to
12discontinue the search until 5 years have elapsed since the
13Denial of Information Exchange or Birth Parent Preference Form
14where Option E was selected, or statement was filed; in cases
15where a birth parent was previously the subject of a search
16through the State confidential intermediary program, the
17confidential intermediary shall inform the petitioner of the
18need to discontinue the search until 10 years or more have
19elapsed since the initial search was closed. In cases where a
20birth parent has been the object of 2 searches through the
21State confidential intermediary program, no subsequent search
22for the birth parent shall be authorized absent a court order
23to the contrary.
24    In conducting a search under this Section, the confidential
25intermediary shall attempt to locate the relative or relatives
26from whom the petitioner has requested information. If the

 

 

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1sought-after relative is deceased or cannot be located after a
2diligent search, the confidential intermediary may contact
3other adult relatives of the sought-after relative.
4    The confidential intermediary shall contact a sought-after
5relative on behalf of the petitioner in a manner that respects
6the sought-after relative's privacy and shall inform the
7sought-after relative of the petitioner's request for medical
8information, identifying information or contact as stated in
9the petition. Based upon the terms of the petitioner's request,
10the confidential intermediary shall contact a sought-after
11relative on behalf of the petitioner and inform the
12sought-after relative of the following options:
13        (1) The sought-after relative may totally reject one or
14    all of the requests for medical information, identifying
15    information or contact. The sought-after relative shall be
16    informed that they can provide a medical questionnaire to
17    be forwarded to the petitioner without releasing any
18    identifying information. The confidential intermediary
19    shall inform the petitioner of the sought-after relative's
20    decision to reject the sharing of information or contact.
21        (2) The sought-after relative may consent to
22    completing a medical questionnaire only. In this case, the
23    confidential intermediary shall provide the questionnaire
24    and ask the sought-after relative to complete it. The
25    confidential intermediary shall forward the completed
26    questionnaire to the petitioner and inform the petitioner

 

 

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1    of the sought-after relative's desire to not provide any
2    additional information.
3        (3) The sought-after relative may communicate with the
4    petitioner without having his or her identity disclosed. In
5    this case, the confidential intermediary shall arrange the
6    desired communication in a manner that protects the
7    identity of the sought-after relative. The confidential
8    intermediary shall inform the petitioner of the
9    sought-after relative's decision to communicate but not
10    disclose his or her identity.
11        (4) The sought-after sought after relative may consent
12    to initiate contact with the petitioner. If both the
13    petitioner and the sought-after relative or relatives are
14    eligible to register with the Illinois Adoption Registry,
15    the confidential intermediary shall provide the necessary
16    application forms and request that the sought-after
17    relative register with the Illinois Adoption Registry. If
18    either the petitioner or the sought-after relative or
19    relatives are ineligible to register with the Illinois
20    Adoption Registry, the confidential intermediary shall
21    obtain written consents from both parties that they wish to
22    disclose their identities to each other and to have contact
23    with each other.
24    (j) Oath. The confidential intermediary shall sign an oath
25of confidentiality substantially as follows: "I, ..........,
26being duly sworn, on oath depose and say: As a condition of

 

 

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1appointment as a confidential intermediary, I affirm that:
2        (1) I will not disclose to the petitioner, directly or
3    indirectly, any confidential information except in a
4    manner consistent with the law.
5        (2) I recognize that violation of this oath subjects me
6    to civil liability and to a potential finding of contempt
7    of court. ................................
8SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
9date)
10................................."
11    (k) Sanctions.
12        (1) Any confidential intermediary who improperly
13    discloses confidential information identifying a
14    sought-after relative shall be liable to the sought-after
15    relative for damages and may also be found in contempt of
16    court.
17        (2) Any person who learns a sought-after relative's
18    identity, directly or indirectly, through the use of
19    procedures provided in this Section and who improperly
20    discloses information identifying the sought-after
21    relative shall be liable to the sought-after relative for
22    actual damages plus minimum punitive damages of $10,000.
23        (3) The Department shall fine any confidential
24    intermediary who improperly discloses confidential
25    information in violation of item (1) or (2) of this
26    subsection (k) an amount up to $2,000 per improper

 

 

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1    disclosure. This fine does not affect civil liability under
2    item (2) of this subsection (k). The Department shall
3    deposit all fines and penalties collected under this
4    Section into the Illinois Adoption Registry and Medical
5    Information Fund.
6    (l) Death of person being sought. Notwithstanding any other
7provision of this Act, if the confidential intermediary
8discovers that the person being sought has died, he or she
9shall report this fact to the court, along with a copy of the
10death certificate. If the sought-after relative is a birth
11parent, the confidential intermediary shall also forward a copy
12of the birth parent's death certificate, if available, to the
13Registry for inclusion in the Registry file.
14    (m) Any confidential information obtained by the
15confidential intermediary during the course of his or her
16search shall be kept strictly confidential and shall be used
17for the purpose of arranging contact between the petitioner and
18the sought-after birth relative. At the time the case is
19closed, all identifying information shall be returned to the
20court for inclusion in the impounded adoption file.
21    (n) If the petitioner is an adopted or surrendered person
2221 years of age or over or the adoptive parent or legal
23guardian of an adopted or surrendered person under the age of
2421, any non-identifying information, as defined in Section
2518.4, that is ascertained during the course of the search may
26be given in writing to the petitioner at any time during the

 

 

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1search before the case is closed.
2    (o) Except as provided in subsection (k) of this Section,
3no liability shall accrue to the State, any State agency, any
4judge, any officer or employee of the court, any certified
5confidential intermediary, or any agency designated to oversee
6confidential intermediary services for acts, omissions, or
7efforts made in good faith within the scope of this Section.
8    (p) An adoption agency that has received a request from a
9confidential intermediary for the full name, date of birth,
10last known address, or last known telephone number of a
11sought-after relative pursuant to subsection (g) of Section
1218.3a, or for medical information regarding a sought-after
13relative pursuant to subsection (h) of Section 18.3a, must
14satisfactorily comply with this court order within a period of
1545 days. The court shall order the adoption agency to reimburse
16the petitioner in an amount equal to all payments made by the
17petitioner to the confidential intermediary, and the adoption
18agency shall be subject to a civil monetary penalty of $1,000
19to be paid to the Department of Children and Family Services.
20Following the issuance of a court order finding that the
21adoption agency has not complied with Section 18.3, the
22adoption agency shall be subject to a monetary penalty of $500
23per day for each subsequent day of non-compliance. Proceeds
24from such fines shall be utilized by the Department of Children
25and Family Services to subsidize the fees of petitioners as
26referenced in subsection (d) of this Section.

 

 

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1    (q) Provide information to eligible petitioner. The
2confidential intermediary may provide to eligible petitioners
3as described in subsections (a) and (b) of this Section, the
4name of the child welfare agency which had legal custody of the
5surrendered person or responsibility for placing the
6surrendered person and any available contact information for
7such agency. In addition, the confidential intermediary may
8provide to such petitioners the name of the state in which the
9surrender occurred or in which the adoption was finalized.
10    Any reimbursements and fines, notwithstanding any
11reimbursement directly to the petitioner, paid under this
12subsection are in addition to other remedies a court may
13otherwise impose by law.
14    The Department of Children and Family Services shall submit
15reports to the Confidential Intermediary Advisory Council by
16July 1 and January 1 of each year in order to report the
17penalties assessed and collected under this subsection, the
18amounts of related deposits into the DCFS Children's Services
19Fund, and any expenditures from such deposits.
20(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)
 
21    (750 ILCS 50/18.6)  (from Ch. 40, par. 1522.6)
22    Sec. 18.6. Registry fees. The Department of Public Health
23shall levy a fee for each registrant under Sections 18.05
24through 18.5. A $15 fee shall be charged for registering with
25the Illinois Adoption Registry and Medical Information

 

 

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1Exchange. However, this fee shall be waived for all adopted or
2surrendered persons, surviving children and spouses of
3deceased adopted persons, adoptive parents, legal guardians,
4birth parents, birth aunts, birth uncles, and birth siblings
5who complete a Medical Information Exchange Questionnaire at
6the time of registration and authorize its release to specified
7registered parties, and for adoptive parents registering
8within 12 months of the finalization of the adoption. All
9persons who were registered with the Illinois Adoption Registry
10prior to the effective date of this amendatory Act of 1999 and
11who wish to update their registration may do so without charge.
12No charge of any kind shall be made for the withdrawal of any
13form provided in Section 18.2.
14(Source: P.A. 96-895, eff. 5-21-10.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".