Rep. Sara Feigenholtz
Filed: 11/17/2010
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1 | AMENDMENT TO HOUSE BILL 1445
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2 | AMENDMENT NO. ______. Amend House Bill 1445 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Vital Records Act is amended by changing | ||||||
5 | Section 17 as follows:
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6 | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
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7 | Sec. 17. (1) For a person born in this State, the State | ||||||
8 | Registrar of Vital
Records shall establish a new certificate of | ||||||
9 | birth when he receives any of
the following:
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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
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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.
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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
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14 | Illinois Department of Public Aid), or
a court or | ||||||
15 | administrative agency of any other state
has established
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16 | the paternity of such a person
by judicial or | ||||||
17 | administrative processes or by voluntary acknowledgment,
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18 | which is accompanied by the social security
numbers of all | ||||||
19 | persons determined and presumed to be the parents.
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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.
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26 | Each request for a new certificate of birth shall be |
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1 | accompanied by a fee
of $15 and entitles the applicant to one | ||||||
2 | certification or certified copy
of the new certificate. If the | ||||||
3 | request is for additional copies, it shall
be accompanied by a | ||||||
4 | fee of $2 for each additional certification or certified
copy.
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5 | (2) When a new certificate of birth is established, the | ||||||
6 | actual place and
date of birth shall be shown; provided, in the | ||||||
7 | case of adoption of a person
born in this State by parents who | ||||||
8 | were residents of this State at the time
of the birth of the | ||||||
9 | adopted person, the place of birth may be shown as the
place of | ||||||
10 | residence of the adoptive parents at the time of such person's
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11 | birth, if specifically requested by them, and any new | ||||||
12 | certificate of birth
established prior to the effective date of | ||||||
13 | this amendatory Act may be
corrected accordingly if so | ||||||
14 | requested by the adoptive parents or the
adopted person when of | ||||||
15 | legal age. The social security numbers of the
parents shall not | ||||||
16 | be recorded on the certificate of birth. The social
security | ||||||
17 | numbers may only be used for purposes allowed under federal | ||||||
18 | law.
The new certificate shall be substituted for the original | ||||||
19 | certificate of birth:
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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.
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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.
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8 | (3) If no certificate of birth is on file for the person | ||||||
9 | for whom a new
certificate is to be established under this | ||||||
10 | Section, a delayed record of
birth shall be filed with the | ||||||
11 | State Registrar of Vital Records as provided
in Section 14 or | ||||||
12 | Section 15 of this Act before a new certificate of birth
is | ||||||
13 | established, except that when the date and place of birth and | ||||||
14 | parentage
have been established in the adoption proceedings, a | ||||||
15 | delayed record shall
not be required.
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16 | (4) When a new certificate of birth is established by the | ||||||
17 | State
Registrar of Vital Records, all copies of the original | ||||||
18 | certificate of birth
in the custody of any custodian of | ||||||
19 | permanent local records in this State
shall be transmitted to | ||||||
20 | the State Registrar of Vital Records as directed,
and shall be | ||||||
21 | sealed from inspection.
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22 | (5) Nothing in this Section shall be construed to prohibit | ||||||
23 | the amendment
of a birth certificate in accordance with | ||||||
24 | subsection (6) of Section 22.
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25 | (Source: P.A. 95-331, eff. 8-21-07.)
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1 | Section 10. The Adoption Act is amended by changing | ||||||
2 | Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as | ||||||
3 | follows:
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4 | (750 ILCS 50/18.06)
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5 | Sec. 18.06. Definitions. When used in Sections
18.05 | ||||||
6 | through Section 18.6, for the purposes of the Registry:
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7 | "Adopted person" means a person who was adopted
pursuant to | ||||||
8 | the laws in effect at the time of the adoption.
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9 | "Adoptive parent" means a person who has become a parent | ||||||
10 | through the legal
process of adoption.
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11 | "Adult child" means the biological child 21 years of age or | ||||||
12 | over of a deceased adopted or surrendered person.
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13 | "Adult Adopted or Surrendered Person" means an adopted or | ||||||
14 | surrendered person 21 years of age or over. | ||||||
15 | "Agency" means a public child welfare agency or a licensed | ||||||
16 | child welfare
agency.
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17 | "Birth aunt" means the adult full or half sister of a | ||||||
18 | deceased birth parent.
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19 | "Birth father" means the biological father of an adopted or | ||||||
20 | surrendered
person who is named on the original certificate of | ||||||
21 | live birth or on a consent
or surrender document, or a | ||||||
22 | biological father whose paternity has been
established by a | ||||||
23 | judgment or order of the court, pursuant to the Illinois
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24 | Parentage Act of 1984.
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25 | "Birth mother" means the biological mother of an adopted or |
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1 | surrendered
person.
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2 | "Birth parent" means a birth mother or birth father of an | ||||||
3 | adopted or
surrendered person.
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4 | "Birth Parent Preference Form" means the form prepared by | ||||||
5 | the Department of Public Health pursuant to Section 18.2 | ||||||
6 | completed by a birth parent registrant and filed with the | ||||||
7 | Registry that indicates the birth parent's preferences | ||||||
8 | regarding contact and , if applicable, the release of his or her | ||||||
9 | identifying information on the non-certified copy of the | ||||||
10 | original birth certificate released to an adult adopted or | ||||||
11 | surrendered person or to the surviving adult child or surviving | ||||||
12 | spouse of a deceased adopted or surrendered person who has | ||||||
13 | filed a Request for a Non-Certified Copy of an Original Birth | ||||||
14 | Certificate. | ||||||
15 | "Birth relative" means a birth mother, birth father, birth | ||||||
16 | sibling, birth aunt, or birth uncle.
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17 | "Birth sibling" means the adult full or half sibling
of an | ||||||
18 | adopted or
surrendered person.
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19 | "Birth uncle" means the adult full or half brother of a | ||||||
20 | deceased birth parent.
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21 | "Confidential intermediary" means an individual certified | ||||||
22 | by the Department of Children and Family Services pursuant to | ||||||
23 | Section 18.3a(e). | ||||||
24 | "Denial of Information Exchange" means an affidavit | ||||||
25 | completed by a
registrant with the Illinois Adoption Registry | ||||||
26 | and Medical Information Exchange
denying the release of |
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1 | identifying information which has been filed with the Registry.
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2 | "Information Exchange Authorization" means
an affidavit | ||||||
3 | completed by a registrant with the Illinois Adoption Registry | ||||||
4 | and
Medical Information Exchange authorizing the release of | ||||||
5 | identifying
information which has been filed with the Registry.
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6 | "Medical Information Exchange Questionnaire" means the | ||||||
7 | medical
history
questionnaire completed by a registrant of the | ||||||
8 | Illinois Adoption Registry and
Medical Information Exchange.
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9 | "Non-certified Copy of the Original Birth Certificate" | ||||||
10 | means a non-certified copy of the original certificate of live | ||||||
11 | birth of an adult adopted or surrendered person who was born in | ||||||
12 | Illinois. | ||||||
13 | "Proof of death" means a death certificate.
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14 | "Registrant" or "Registered Party" means a birth parent, | ||||||
15 | birth sibling,
birth aunt, birth uncle, adopted or surrendered | ||||||
16 | person 21 years of age or over, adoptive parent or legal
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17 | guardian of an adopted or surrendered person under the age of | ||||||
18 | 21, or adoptive parent, surviving spouse, or adult child of a | ||||||
19 | deceased adopted or surrendered person who has filed
an | ||||||
20 | Illinois Adoption Registry Application or Registration | ||||||
21 | Identification Form
with the Registry.
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22 | "Registry" means the Illinois Adoption Registry and | ||||||
23 | Medical Information Exchange. | ||||||
24 | "Request for a Non-Certified Copy of an Original Birth | ||||||
25 | Certificate" means an affidavit completed by an adult adopted | ||||||
26 | or surrendered person or by the surviving adult child or |
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1 | surviving spouse of a deceased adopted or surrendered person | ||||||
2 | and filed with the Registry requesting a non-certified copy of | ||||||
3 | an adult adopted or surrendered person's original certificate | ||||||
4 | of live birth in Illinois. | ||||||
5 | "Surrendered person" means a person whose parents' rights | ||||||
6 | have been
surrendered or terminated but who has not been | ||||||
7 | adopted.
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8 | "Surviving spouse" means the wife or husband of a deceased | ||||||
9 | adopted or surrendered person who is over the age of 21 and who | ||||||
10 | has one or more biological children under the age of 21.
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11 | "18.3 Statement" means a statement regarding the | ||||||
12 | disclosure of identifying information signed by a birth parent | ||||||
13 | under Section 18.3 of this Act as it existed immediately prior | ||||||
14 | to the effective date of this amendatory Act of the 96th | ||||||
15 | General Assembly. | ||||||
16 | (Source: P.A. 96-895, eff. 5-21-10.)
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17 | (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
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18 | Sec. 18.1. Disclosure of identifying information.
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19 | (a) The Department of Public Health shall establish and | ||||||
20 | maintain a
Registry for the purpose of allowing mutually
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21 | consenting members of birth and adoptive families to exchange | ||||||
22 | identifying and medical information. Identifying information | ||||||
23 | for
the purpose of this Act shall mean any one or more of the | ||||||
24 | following:
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25 | (1) The name and last known address of the consenting |
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1 | person or persons.
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2 | (2) A copy of the Illinois Adoption Registry | ||||||
3 | Application of the
consenting person or persons.
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4 | (3) A non-certified copy of the original birth | ||||||
5 | certificate of an adult adopted
or surrendered person.
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6 | (b) Written authorization from all parties identified must | ||||||
7 | be received prior
to disclosure of any identifying information, | ||||||
8 | with the exception of non-certified copies of original birth | ||||||
9 | certificates released to adult adopted or surrendered persons | ||||||
10 | or to surviving adult children and surviving spouses of | ||||||
11 | deceased adopted or surrendered persons pursuant to the | ||||||
12 | procedures outlined in Section 18.1b(e).
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13 | (c) At any time after a child is surrendered for adoption, | ||||||
14 | or at any
time during the adoption proceedings or at any time | ||||||
15 | thereafter, either
birth parent or both of them may file with | ||||||
16 | the Registry a Birth
Parent Registration Identification Form | ||||||
17 | and an Information Exchange
Authorization or a Denial of | ||||||
18 | Information Exchange .
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19 | (d) A birth sibling 21 years of age or over who was not | ||||||
20 | surrendered for
adoption and who has submitted a copy of his or | ||||||
21 | her birth certificate as well as proof of death for a deceased | ||||||
22 | birth parent
and such birth parent did not file a Denial of | ||||||
23 | Information Exchange or a Birth Parent Preference Form on which | ||||||
24 | Option E was selected with the
Registry prior to his or her | ||||||
25 | death may file a Registration Identification Form
and an | ||||||
26 | Information Exchange Authorization or a Denial of Information |
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1 | Exchange.
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2 | (e) A birth aunt or birth uncle who has submitted birth | ||||||
3 | certificates for himself or herself and for a deceased birth | ||||||
4 | parent naming at least one common biological parent as well as | ||||||
5 | proof of death for the deceased birth parent and such birth | ||||||
6 | parent did not file a Denial of Information Exchange or a Birth | ||||||
7 | Parent Preference Form on which Option E was selected with the | ||||||
8 | Registry prior to his or her death may file a Registration | ||||||
9 | Identification Form and an Information Exchange Authorization | ||||||
10 | or a Denial of Information Exchange.
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11 | (f) Any adopted person 21 years of age or over, any | ||||||
12 | surrendered person
21 years of age or over, or any adoptive | ||||||
13 | parent or legal guardian of an
adopted or surrendered person | ||||||
14 | under the age of 21 may file with the Registry
a Registration | ||||||
15 | Identification Form and an Information Exchange Authorization
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16 | or a Denial of Information Exchange.
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17 | (g) Any adult child 21 years of age or over of a deceased | ||||||
18 | adopted or surrendered person who has submitted a copy of his | ||||||
19 | or her birth certificate naming an adopted or surrendered | ||||||
20 | person as his or her biological parent as well as proof of | ||||||
21 | death for the deceased adopted or surrendered person and such | ||||||
22 | adopted or surrendered person did not file a Denial of | ||||||
23 | Information Exchange with the Registry prior to his or her | ||||||
24 | death may file a Registration Identification Form and an | ||||||
25 | Information Exchange Authorization or a Denial of Information | ||||||
26 | Exchange.
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1 | (h) Any surviving spouse of a deceased adopted or | ||||||
2 | surrendered person 21 years of age or over who has submitted | ||||||
3 | proof of death for the deceased adopted or surrendered person | ||||||
4 | and such adopted or surrendered person did not file a Denial of | ||||||
5 | Information Exchange with the Registry prior to his or her | ||||||
6 | death as well as a birth certificate naming themselves and the | ||||||
7 | adopted or surrendered person as the parents of a minor child | ||||||
8 | under the age of 21 may file a Registration Identification Form | ||||||
9 | and an Information Exchange Authorization or a Denial of | ||||||
10 | Information Exchange.
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11 | (i) Any adoptive parent or legal guardian of a deceased | ||||||
12 | adopted or surrendered person who is 21 years of age or over | ||||||
13 | who has submitted proof of death as well as proof of parentage | ||||||
14 | or guardianship for the deceased adopted or surrendered person | ||||||
15 | and such adopted or surrendered person did not file a Denial of | ||||||
16 | Information Exchange with the Registry prior to his or her | ||||||
17 | death may file a Registration Identification Form and an | ||||||
18 | Information Exchange Authorization or a Denial of Information | ||||||
19 | Exchange.
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20 | (j) The Department of Public Health shall supply to the | ||||||
21 | adopted or
surrendered person or his or her adoptive parents, | ||||||
22 | legal guardians, adult children or surviving spouse, and
to the | ||||||
23 | birth parents identifying information only if both the adopted | ||||||
24 | or
surrendered person, or one of his or her adoptive parents, | ||||||
25 | legal guardians, adult children or his or her surviving spouse, | ||||||
26 | and
the birth parents have filed with the Registry an |
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1 | Information Exchange
Authorization or a Birth Parent | ||||||
2 | Preference Form on which Option A, B, or C was selected and the | ||||||
3 | information at the Registry indicates that the
consenting | ||||||
4 | adopted or surrendered person, the child of the consenting
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5 | adoptive parents or legal guardians, the parent of the | ||||||
6 | consenting adult child of the adopted or surrendered person, or | ||||||
7 | the deceased wife or husband of the consenting surviving spouse
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8 | is the child of the consenting birth
parents, except | ||||||
9 | identifying information that appears on a non-certified copy of | ||||||
10 | an original birth certificate may be provided to an adult | ||||||
11 | adopted or surrendered person or to the surviving adult child | ||||||
12 | or surviving spouse of a deceased adopted or surrendered person | ||||||
13 | pursuant to the procedures outlined in Section 18.1b(e) of this | ||||||
14 | Act.
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15 | The Department of Public Health shall supply to adopted or | ||||||
16 | surrendered
persons who are birth siblings identifying | ||||||
17 | information only if both siblings
have filed with the Registry | ||||||
18 | an Information Exchange Authorization and the
information at | ||||||
19 | the Registry indicates that the consenting siblings have one
or | ||||||
20 | both birth parents in common. Identifying information shall be | ||||||
21 | supplied to
consenting birth siblings who were adopted or | ||||||
22 | surrendered if any such sibling
is 21 years of age or over. | ||||||
23 | Identifying information shall be supplied to
consenting birth | ||||||
24 | siblings who were not adopted or surrendered if any such
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25 | sibling is 21 years of age or over and has proof of death of the | ||||||
26 | common birth
parent and such birth parent did not file a Denial |
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1 | of Information Exchange or a Birth Parent Preference Form on | ||||||
2 | which Option E was selected
with the Registry prior to his or | ||||||
3 | her death.
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4 | (k) The Department of Public Health shall supply to the | ||||||
5 | adopted or surrendered person or his or her adoptive parents, | ||||||
6 | legal guardians, adult children or surviving spouse, and to a | ||||||
7 | birth aunt identifying information only if both the adopted or | ||||||
8 | surrendered person or one of his or her adoptive parents, legal | ||||||
9 | guardians, adult children or his or her surviving spouse, and | ||||||
10 | the birth aunt have filed with the Registry an Information | ||||||
11 | Exchange Authorization and the information at the Registry | ||||||
12 | indicates that the consenting adopted or surrendered person, or | ||||||
13 | the child of the consenting adoptive parents or legal | ||||||
14 | guardians, or the parent of the consenting adult child, or the | ||||||
15 | deceased wife or husband of the consenting surviving spouse of | ||||||
16 | the adopted or surrendered person is or was the child of the | ||||||
17 | brother or sister of the consenting birth aunt.
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18 | (l) The Department of Public Health shall supply to the | ||||||
19 | adopted or surrendered person or his or her adoptive parents, | ||||||
20 | legal guardians, adult children or surviving spouse, and to a | ||||||
21 | birth uncle identifying information only if both the adopted or | ||||||
22 | surrendered person or one of his or her adoptive parents, legal | ||||||
23 | guardians, adult children or his or her surviving spouse, and | ||||||
24 | the birth uncle have filed with the Registry an Information | ||||||
25 | Exchange Authorization and the information at the Registry | ||||||
26 | indicates that the consenting adopted or surrendered person, or |
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1 | the child of the consenting adoptive parents or legal | ||||||
2 | guardians, or the parent of the consenting adult child, or the | ||||||
3 | deceased wife or husband of the consenting surviving spouse of | ||||||
4 | the adopted or surrendered person is or was the child of the | ||||||
5 | brother or sister of the consenting birth uncle.
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6 | (m) A registrant
may notify the Registry of his or her
| ||||||
7 | desire not to have identifying information revealed or may | ||||||
8 | revoke any previously
filed Information Exchange Authorization | ||||||
9 | by completing and filing with the
Registry a Registry | ||||||
10 | Identification Form along with a Denial of Information
| ||||||
11 | Exchange. Any registrant, except a birth parent, may revoke his | ||||||
12 | or her Denial of Information Exchange by filing
an Information | ||||||
13 | Exchange Authorization. A birth parent may revoke a Denial of | ||||||
14 | Information Exchange by filing a Birth Parent Preference Form. | ||||||
15 | Any birth parent who has previously filed a Birth Parent | ||||||
16 | Preference Form where Option E was selected may revoke such | ||||||
17 | preference by filing a subsequent Birth Parent Preference Form | ||||||
18 | and selecting Option A, B, C, or D. The Department of Public | ||||||
19 | Health shall
act in accordance with the most recently filed | ||||||
20 | affidavit.
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21 | (n) Identifying information ascertained from the Registry | ||||||
22 | shall be
confidential and may be disclosed only (1) upon a | ||||||
23 | Court Order, which order
shall name the person or persons | ||||||
24 | entitled to the information, or (2) to a registrant who is the | ||||||
25 | subject of an Information Exchange
Authorization that was | ||||||
26 | completed by another registrant and filed with the Illinois |
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1 | Adoption Registry and Medical Information Exchange, or (3) as | ||||||
2 | authorized under subsection (h) of Section 18.3 of
this Act, or | ||||||
3 | (4) pursuant to the procedures outlined in Section 18.1b(e) of | ||||||
4 | this Act. Any person who willfully provides unauthorized
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5 | disclosure of any information filed with the Registry or who | ||||||
6 | knowingly or
intentionally files false information with the | ||||||
7 | Registry shall be guilty of
a Class A misdemeanor and shall be | ||||||
8 | liable for damages.
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9 | (o) If information is disclosed pursuant to this Act, the | ||||||
10 | Department shall
redact it to remove any identifying | ||||||
11 | information about any party who has not
consented to the | ||||||
12 | disclosure of such identifying information, or, in the case of | ||||||
13 | identifying information on the original birth certificate, | ||||||
14 | pursuant to Section 18.1b(e) of this Act.
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15 | (Source: P.A. 96-895, eff. 5-21-10.)
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16 | (750 ILCS 50/18.1a)
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17 | Sec. 18.1a. Registry matches.
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18 | (a) The Registry shall release identifying information, as | ||||||
19 | specified on
the applicant's Information Exchange | ||||||
20 | Authorization, to the following
mutually consenting registered | ||||||
21 | parties
and provide them with any photographs or correspondence | ||||||
22 | which have been placed in the
Adoption/Surrender Records File | ||||||
23 | and
are specifically intended for the registered parties:
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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
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3 | information available to the Registry
confirms that the | ||||||
4 | consenting adopted or surrendered person is biologically | ||||||
5 | related to the consenting birth relative;
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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
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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
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15 | birth relative; and
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16 | (iii) the adoptive parent, adult child or surviving | ||||||
17 | spouse of a deceased adopted or surrendered person, and one | ||||||
18 | of the adopted or surrendered person's birth relatives who | ||||||
19 | have both filed an applicable Information Exchange | ||||||
20 | Authorization specifying the other consenting party with | ||||||
21 | the Registry, or, if applicable, a Birth Parent Preference | ||||||
22 | Form with the Registry, if information available to the | ||||||
23 | Registry confirms that the child of the consenting adoptive | ||||||
24 | parent, the parent of the consenting adult child or the | ||||||
25 | deceased wife or husband of the consenting surviving spouse | ||||||
26 | of the adopted or surrendered person was biologically |
| |||||||
| |||||||
1 | related to the consenting birth relative.
| ||||||
2 | (b) If a registrant is the subject of a Denial of
| ||||||
3 | Information Exchange filed by another registered party or is an | ||||||
4 | adopted or surrendered person, or the surviving relative of a | ||||||
5 | deceased adopted or surrendered person, and a birth parent of | ||||||
6 | the adopted or surrendered person completed a Birth Parent | ||||||
7 | Preference Form and selected Option E , the Registry shall
not | ||||||
8 | release identifying information to either registrant or, if | ||||||
9 | applicable, to an adopted person who has requested a copy of | ||||||
10 | his or her original birth certificate, with the exception of | ||||||
11 | non-certified copies of the original birth certificate | ||||||
12 | released under Section 18.1b(e), and as to a birth parent who | ||||||
13 | has prohibited release of identifying information on the | ||||||
14 | original birth certificate to the adult adopted or surrendered | ||||||
15 | person, upon the death of said birth parent.
| ||||||
16 | (c) If a registrant has completed a Medical Information | ||||||
17 | Exchange
Questionnaire and has consented to its disclosure, | ||||||
18 | that Questionnaire shall be
released to any registered party | ||||||
19 | who has indicated their desire to receive such
information on | ||||||
20 | his or her Illinois Adoption Registry Application, if
| ||||||
21 | information available to the Registry
confirms that the | ||||||
22 | consenting parties are biologically related, that the | ||||||
23 | consenting
birth relative and the child of the consenting | ||||||
24 | adoptive parents or legal
guardians are birth relatives, or | ||||||
25 | that the consenting birth relative and the deceased wife or | ||||||
26 | husband of the consenting surviving spouse are birth relatives.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-895, eff. 5-21-10.)
| ||||||
2 | (750 ILCS 50/18.1b)
| ||||||
3 | Sec. 18.1b. The Illinois Adoption Registry Application. | ||||||
4 | The Illinois
Adoption Registry Application shall substantially | ||||||
5 | include the following:
| ||||||
6 | (a) General Information. The Illinois Adoption Registry
| ||||||
7 | Application shall include the space to provide Information | ||||||
8 | about the registrant
including his or her
surname, given name | ||||||
9 | or names, social security number (optional), mailing
address, | ||||||
10 | home telephone number, gender, date and place of birth, and the | ||||||
11 | date
of registration. If applicable and known
to the | ||||||
12 | registrant, he or she may include the maiden surname of the
| ||||||
13 | birth mother, any subsequent surnames of the birth mother, the | ||||||
14 | surname of the
birth father, the given name or names of the | ||||||
15 | birth parents, the dates and
places of birth of the birth | ||||||
16 | parents, the surname and given name or names of
the adopted | ||||||
17 | person prior to adoption, the gender and date and place of | ||||||
18 | birth of
the adopted or surrendered person, the name of the | ||||||
19 | adopted person following
his or her adoption and the state and | ||||||
20 | county where the judgment of adoption was
finalized.
| ||||||
21 | (b) Medical Information Exchange Questionnaire. In | ||||||
22 | recognition of
the importance of medical information and of | ||||||
23 | recent discoveries regarding the
genetic origin of many medical | ||||||
24 | conditions and diseases all registrants shall be
asked to | ||||||
25 | voluntarily complete a Medical
Information Exchange |
| |||||||
| |||||||
1 | Questionnaire. The Medical Information Exchange Questionnaire | ||||||
2 | shall include a comprehensive check-list of medical conditions | ||||||
3 | and diseases including those of genetic origin.
| ||||||
4 | (1) For birth relatives, the Medical Information | ||||||
5 | Exchange
Questionnaire
shall
include a comprehensive | ||||||
6 | check-list of medical
conditions and diseases including | ||||||
7 | those of genetic origin. Birth relatives shall be asked to | ||||||
8 | indicate all genetically-inherited diseases
and
conditions | ||||||
9 | on this
list which are known to exist in the adopted or | ||||||
10 | surrendered person's birth
family at the time of | ||||||
11 | registration.
In addition, all birth relatives
shall be | ||||||
12 | apprised of the Registry's provisions for voluntarily | ||||||
13 | submitting
information about their and their family's | ||||||
14 | medical
histories on a confidential, ongoing basis.
| ||||||
15 | (2) Adopted and surrendered persons and their adoptive | ||||||
16 | parents, legal
guardians, adult children, and surviving | ||||||
17 | spouses shall be asked to indicate all
| ||||||
18 | genetically-inherited diseases and medical conditions with | ||||||
19 | which the adopted or
surrendered person or, if applicable, | ||||||
20 | his or her children have been diagnosed
since birth.
| ||||||
21 | (3) The Medical Information Exchange Questionnaire
| ||||||
22 | shall include a space where the registrant may authorize | ||||||
23 | the release of the
Medical Information Exchange | ||||||
24 | Questionnaire to specified registered parties and a
| ||||||
25 | disclaimer
informing registrants that the Department of | ||||||
26 | Public Health cannot guarantee the
accuracy of medical |
| |||||||
| |||||||
1 | information exchanged through the Registry.
| ||||||
2 | (c) Written statement. All registrants shall be given the
| ||||||
3 | opportunity to voluntarily file a written statement with the | ||||||
4 | Registry. This
statement
shall be submitted in the space | ||||||
5 | provided.
No written statement submitted to the Registry
shall | ||||||
6 | include identifying information pertaining to any person other | ||||||
7 | than the
registrant who submitted it.
Any such identifying | ||||||
8 | information shall be redacted by the Department or
returned for | ||||||
9 | removal of identifying information.
| ||||||
10 | (d) Exchange of information. All registrants except birth | ||||||
11 | parents may indicate their
wishes regarding contact and the | ||||||
12 | exchange of identifying and/or medical information with any | ||||||
13 | other registrant by completing an
Information Exchange | ||||||
14 | Authorization or a Denial of Information Exchange. Birth | ||||||
15 | parents may indicate their wishes regarding contact by filing a | ||||||
16 | Birth Parent Preference Form pursuant to the procedures | ||||||
17 | outlined in this Section.
| ||||||
18 | (1) Information Exchange Authorization. Adopted or | ||||||
19 | surrendered persons 21
years of age or over who are | ||||||
20 | interested in exchanging identifying and/or medical | ||||||
21 | information or would welcome contact with one or more of | ||||||
22 | their
birth relatives; birth parents
who are interested in | ||||||
23 | exchanging identifying and/or medical information or would | ||||||
24 | welcome contact with an adopted or surrendered
person 21 | ||||||
25 | years of age or over, or one or more of his or her adoptive | ||||||
26 | parents, legal guardians, adult children, or a surviving |
| |||||||
| |||||||
1 | spouse;
birth siblings 21 years of age or over who were | ||||||
2 | adopted or surrendered and who
are interested in exchanging | ||||||
3 | identifying and/or medical information or would welcome | ||||||
4 | contact with an adopted or surrendered person, or one or | ||||||
5 | more of
his or her adoptive parents, legal guardians, adult | ||||||
6 | children, or a surviving spouse; birth siblings 21 years of | ||||||
7 | age
or
over who were not surrendered and who have submitted | ||||||
8 | proof of death for any
common
birth parent
who did not file | ||||||
9 | a Denial of Information Exchange or a Birth Parent | ||||||
10 | Preference Form on which Option E was selected prior to his | ||||||
11 | or her death,
and who are interested in exchanging | ||||||
12 | identifying and/or medical information or would welcome | ||||||
13 | contact with an adopted or surrendered person, or one or
| ||||||
14 | more of his or her adoptive parents,
legal guardians, adult | ||||||
15 | children, or a surviving spouse; birth aunts and birth | ||||||
16 | uncles 21 years of age or over who have submitted birth | ||||||
17 | certificates for themselves and a deceased birth parent | ||||||
18 | naming at least one common biological parent as well as | ||||||
19 | proof of death for a deceased birth parent and who are | ||||||
20 | interested in exchanging identifying and/or medical | ||||||
21 | information or would welcome contact with an adopted or | ||||||
22 | surrendered person 21 years of age or over, or one or more | ||||||
23 | of his or her adoptive parents, legal guardians, adult | ||||||
24 | children or a surviving spouse;
adoptive parents or
legal | ||||||
25 | guardians of
adopted or surrendered persons under the age | ||||||
26 | of 21 who are interested in exchanging identifying and/or |
| |||||||
| |||||||
1 | medical information or would welcome
contact with one or | ||||||
2 | more of the adopted or surrendered person's birth | ||||||
3 | relatives; adoptive parents and legal guardians of | ||||||
4 | deceased adopted or surrendered persons 21 years of age or | ||||||
5 | over who have submitted proof of death for a deceased | ||||||
6 | adopted or surrendered person who did not file a Denial of | ||||||
7 | Information Exchange prior to his or her death and who are | ||||||
8 | interested in exchanging identifying and/or medical | ||||||
9 | information or would welcome contact with one or more of | ||||||
10 | the adopted or surrendered person's birth relatives; adult | ||||||
11 | children of deceased adopted or surrendered persons who | ||||||
12 | have submitted a birth certificate naming the adopted or | ||||||
13 | surrendered person as their biological parent and proof of | ||||||
14 | death for an adopted or surrendered person who did not file | ||||||
15 | a Denial of Information Exchange prior to his or her death; | ||||||
16 | and surviving spouses of deceased adopted or surrendered | ||||||
17 | persons who have submitted a marriage certificate naming an | ||||||
18 | adopted or surrendered person as their deceased wife or | ||||||
19 | husband and proof of death for an adopted or surrendered | ||||||
20 | person who did not file a Denial of Information Exchange | ||||||
21 | prior to his or her death and who are interested in | ||||||
22 | exchanging identifying and/or medical information or would | ||||||
23 | welcome contact with one or more of the adopted or | ||||||
24 | surrendered person's birth relatives may specify with whom | ||||||
25 | they
wish to exchange identifying information by
filing an | ||||||
26 | Information Exchange Authorization.
|
| |||||||
| |||||||
1 | (2) Denial of Information Exchange. Adopted or | ||||||
2 | surrendered persons 21
years of age or over who do not wish | ||||||
3 | to exchange identifying information or establish contact | ||||||
4 | with one or
more of their birth relatives may specify
with | ||||||
5 | whom they do not wish to exchange
identifying information | ||||||
6 | or do not wish to establish contact by filing a Denial of
| ||||||
7 | Information Exchange. Birth relatives other than birth | ||||||
8 | parents who do not wish to
establish contact with an
| ||||||
9 | adopted or surrendered person or one or more of his or her | ||||||
10 | adoptive parents,
legal guardians, or adult children may | ||||||
11 | specify with whom they do not wish to exchange identifying
| ||||||
12 | information or do not wish to establish contact by filing a | ||||||
13 | Denial of Information Exchange. Birth parents who wish to | ||||||
14 | prohibit the release of their identifying information on | ||||||
15 | the original birth certificate released to an adult adopted | ||||||
16 | or surrendered person who was born after January 1, 1946, | ||||||
17 | or to the surviving adult child or surviving spouse of a | ||||||
18 | deceased adopted or surrendered person who was born after | ||||||
19 | January 1, 1946, may do so by filing a Denial with the | ||||||
20 | Registry on or before December 31, 2010. As of January 1, | ||||||
21 | 2011, birth parents who wish to prohibit the release of | ||||||
22 | identifying information on the non-certified copy of the | ||||||
23 | original birth certificate released to an adult adopted | ||||||
24 | surrendered person or to the surviving adult child or | ||||||
25 | surviving spouse of a deceased adopted or surrendered | ||||||
26 | person may do so by selecting Option E on a Birth Parent |
| |||||||
| |||||||
1 | Preference Form and filing the Form with the Registry. | ||||||
2 | Adoptive parents or
legal guardians of adopted or | ||||||
3 | surrendered persons under the age of 21 who do
not wish to | ||||||
4 | establish contact with one or more of the adopted or
| ||||||
5 | surrendered person's birth relatives may specify with whom | ||||||
6 | they
do not wish to exchange identifying
information by | ||||||
7 | filing a Denial of Information Exchange. Adoptive parents, | ||||||
8 | adult children, and surviving spouses of deceased adoptees | ||||||
9 | who do not wish to exchange identifying information or | ||||||
10 | establish contact with one or more of the adopted or | ||||||
11 | surrendered person's birth relatives may specify with whom | ||||||
12 | they do not wish to exchange identifying information or do | ||||||
13 | not wish to establish contact by filing a Denial of | ||||||
14 | Information Exchange.
| ||||||
15 | (3) Birth Parent Preference Form. Beginning January 1, | ||||||
16 | 2011, birth parents who are eligible to register with the | ||||||
17 | Illinois Adoption Registry and Medical Information | ||||||
18 | Exchange and whose birth child was born on or after January | ||||||
19 | 1, 1946 may who wish to communicate their wishes regarding | ||||||
20 | contact or may prohibit and/or the release of their | ||||||
21 | identifying information on the non-certified copy of the | ||||||
22 | original birth certificate released under subsection (e) | ||||||
23 | of this Section by filing to an adult adopted or | ||||||
24 | surrendered person or the surviving adult child or | ||||||
25 | surviving spouse of a deceased adopted or surrendered | ||||||
26 | person who has requested a copy of the adopted or |
| |||||||
| |||||||
1 | surrendered person's original birth certificate by filing | ||||||
2 | a Request for a Non-Certified Copy of an Original Birth | ||||||
3 | Certificate pursuant to subsection (e) of this Section, may | ||||||
4 | file a Birth Parent Preference Form with the Registry. | ||||||
5 | Birth parents whose birth child was born before January 1, | ||||||
6 | 1946, may communicate their wishes regarding contact by | ||||||
7 | completing a Birth Parent Preference Form, selecting | ||||||
8 | Option A, B, C, or D, and filing the form with the | ||||||
9 | Registry, but may not prohibit the release of identifying | ||||||
10 | information. All Birth Parent Preference Forms on file with | ||||||
11 | the Registry at the time of receipt of a Request for a | ||||||
12 | Non-Certified Copy of an Original Birth Certificate from an | ||||||
13 | adult adopted or surrendered person or the surviving adult | ||||||
14 | child or surviving spouse of a deceased adopted or | ||||||
15 | surrendered person shall be forwarded to the relevant | ||||||
16 | adopted or surrendered person or surviving adult child or | ||||||
17 | surviving spouse of a deceased adopted or surrendered | ||||||
18 | person along with a non-certified copy of the adopted or | ||||||
19 | surrendered person's original birth certificate as | ||||||
20 | outlined in subsection (e) of this Section. | ||||||
21 | (e) Procedures for requesting a non-certified copy of an | ||||||
22 | original birth certificate by an adult adopted or surrendered | ||||||
23 | person or by a surviving adult child or surviving spouse of a | ||||||
24 | deceased adopted or surrendered person: | ||||||
25 | (1) On or after the effective date of this amendatory | ||||||
26 | Act of the 96th General Assembly, any adult adopted or |
| |||||||
| |||||||
1 | surrendered person who was born in Illinois prior to | ||||||
2 | January 1, 1946, may complete and file with the Registry a | ||||||
3 | Request for a Non-Certified Copy of an Original Birth | ||||||
4 | Certificate. The Registry shall provide such adult adopted | ||||||
5 | or surrendered person with an unaltered, non-certified | ||||||
6 | copy of his or her original birth certificate upon receipt | ||||||
7 | of the Request for a Non-Certified Copy of an Original | ||||||
8 | Birth Certificate. Additionally, in cases where an adopted | ||||||
9 | or surrendered person born in Illinois prior to January 1, | ||||||
10 | 1946, is deceased, and one of his or her surviving adult | ||||||
11 | children or his or her surviving spouse has registered with | ||||||
12 | the Registry, he or she may complete and file with the | ||||||
13 | Registry a Request for a Non-Certified Copy of an Original | ||||||
14 | Birth Certificate. The Registry shall provide such | ||||||
15 | surviving adult child or surviving spouse with an | ||||||
16 | unaltered, non-certified copy of the adopted or | ||||||
17 | surrendered person's original birth certificate upon | ||||||
18 | receipt of the Request for a Non-Certified Copy of an | ||||||
19 | Original Birth Certificate. | ||||||
20 | (2) Beginning November 15, 2011, any adult adopted or | ||||||
21 | surrendered person who was born in Illinois on or after | ||||||
22 | January 1, 1946, may complete and file with the Registry a | ||||||
23 | Request for a Non-certified Copy of an Original Birth | ||||||
24 | Certificate. Additionally, in cases where the adopted or | ||||||
25 | surrendered person is deceased and one of his or her | ||||||
26 | surviving adult children or his or her surviving spouse has |
| |||||||
| |||||||
1 | registered with the Registry, he or she may complete and | ||||||
2 | file with the Registry a Request for a Non-Certified Copy | ||||||
3 | of an Original Birth Certificate.
Upon receipt of such | ||||||
4 | request from an adult adopted or surrendered person or from | ||||||
5 | one of his or her surviving adult children or his or her | ||||||
6 | surviving spouse, the Registry shall: | ||||||
7 | (i) Determine if there is a Denial of Information | ||||||
8 | Exchange which was filed by a birth parent named on the | ||||||
9 | original birth certificate prior to January 1, 2011. If | ||||||
10 | a Denial was filed by a birth parent named on the | ||||||
11 | original birth certificate prior to January 1, 2011, | ||||||
12 | and there is no proof of death in the Registry file for | ||||||
13 | the birth parent who filed said Denial, the Registry | ||||||
14 | shall inform the requesting adult adopted or | ||||||
15 | surrendered person or the requesting surviving adult | ||||||
16 | child or surviving spouse of a deceased adopted or | ||||||
17 | surrendered person that they may receive a | ||||||
18 | non-certified copy of the original birth certificate | ||||||
19 | from which all identifying information pertaining to | ||||||
20 | the birth parent who filed the Denial has been | ||||||
21 | redacted. A requesting adult adopted or surrendered | ||||||
22 | person shall also be informed in writing of his or her | ||||||
23 | right to petition the court for the appointment of a | ||||||
24 | confidential intermediary pursuant to Section 18.3a of | ||||||
25 | this Act and, if applicable, to conduct a search | ||||||
26 | through an agency post-adoption search program once 5 |
| |||||||
| |||||||
1 | years have elapsed since the birth parent filed the | ||||||
2 | Denial of Information Exchange with the Registry. | ||||||
3 | (ii) Determine if a birth parent named on the | ||||||
4 | original birth certificate has filed a Birth Parent | ||||||
5 | Preference Form. If one of the birth parents named on | ||||||
6 | the original birth certificate filed a Birth Parent | ||||||
7 | Preference Form and selected Option A, B, C, or D, the | ||||||
8 | Registry shall forward to the adult adopted or | ||||||
9 | surrendered person or to the surviving adult child or | ||||||
10 | surviving spouse of a deceased adopted or surrendered | ||||||
11 | person a copy of the Birth Parent Preference Form along | ||||||
12 | with an unaltered non-certified copy of his or her | ||||||
13 | original birth certificate .
If one of the birth parents | ||||||
14 | named on the original birth certificate filed a Birth | ||||||
15 | Parent Preference Form and selected Option E, and there | ||||||
16 | is no proof of death in the Registry file for the birth | ||||||
17 | parent who filed said Birth Parent Preference Form, the | ||||||
18 | Registry shall inform the requesting adult adopted or | ||||||
19 | surrendered person or the requesting surviving adult | ||||||
20 | child or surviving spouse of a deceased adopted or | ||||||
21 | surrendered person that he or she may receive a | ||||||
22 | non-certified copy of the original birth certificate | ||||||
23 | from which identifying information pertaining to the | ||||||
24 | birth parent who completed the Birth Parent Preference | ||||||
25 | Form has been redacted per the birth parent's | ||||||
26 | specifications on the Form. The Registry shall forward |
| |||||||
| |||||||
1 | to the adult adopted or surrendered person or to the | ||||||
2 | surviving adult child or surviving spouse of a deceased | ||||||
3 | adopted or surrendered person a copy of the Birth | ||||||
4 | Parent Preference Form filed by the birth parent from | ||||||
5 | which identifying information has been redacted per | ||||||
6 | the birth parent's specifications on the Form. The | ||||||
7 | requesting adult adopted or surrendered person shall | ||||||
8 | also be informed in writing of his or her right to | ||||||
9 | petition the court for the appointment of a | ||||||
10 | confidential intermediary pursuant to Section 18.3a of | ||||||
11 | this Act, and, if applicable, to conduct a search | ||||||
12 | through an agency post-adoption search program once 5 | ||||||
13 | years have elapsed since the birth parent filed the | ||||||
14 | Birth Parent Preference Form, on which Option E was | ||||||
15 | selected, with the Registry. | ||||||
16 | (iii) Determine if a birth parent named on the | ||||||
17 | original birth certificate has filed an Information | ||||||
18 | Exchange Authorization. | ||||||
19 | (iv) If the Registry has confirmed that a | ||||||
20 | requesting adult adopted or surrendered person or the | ||||||
21 | parent of a requesting adult child of a deceased | ||||||
22 | adopted or surrendered person or the husband or wife of | ||||||
23 | a requesting surviving spouse was not the object of a | ||||||
24 | Denial of Information Exchange filed by a birth parent | ||||||
25 | on or before December 31, 2010, and that no birth | ||||||
26 | parent named on the original birth certificate has |
| |||||||
| |||||||
1 | filed a Birth Parent Preference Form where Option E was | ||||||
2 | selected prior to the receipt of a Request for a | ||||||
3 | Non-Certified Copy of an Original Birth Certificate, | ||||||
4 | the Registry shall provide the adult adopted or | ||||||
5 | surrendered person or his or her surviving adult child | ||||||
6 | or surviving spouse with an unaltered non-certified | ||||||
7 | copy of the adopted or surrendered person's original | ||||||
8 | birth certificate. | ||||||
9 | (3) In cases where the Registry receives a Birth Parent | ||||||
10 | Preference Form from a birth parent subsequent to the | ||||||
11 | release of the non-certified copy of the original birth | ||||||
12 | certificate to an adult adopted or surrendered person or to | ||||||
13 | the surviving adult child or surviving spouse of a deceased | ||||||
14 | adopted or surrendered person, the Birth Parent Preference | ||||||
15 | Form shall be immediately forwarded to the adult adopted or | ||||||
16 | surrendered person or to the surviving adult child or | ||||||
17 | surviving spouse of the deceased adopted or surrendered | ||||||
18 | person and the birth parent who filed the form shall be | ||||||
19 | informed that the relevant original birth certificate has | ||||||
20 | already been released. | ||||||
21 | (4) A copy of the original birth certificate shall only | ||||||
22 | be released to adopted or surrendered persons who were born | ||||||
23 | in Illinois; to surviving adult children or surviving | ||||||
24 | spouses of deceased adopted or surrendered persons who were | ||||||
25 | born in Illinois; or to 2 registered parties who have both | ||||||
26 | consented to the release of a non-certified copy of the |
| |||||||
| |||||||
1 | original birth certificate to one another through the | ||||||
2 | Registry when the birth of the relevant adopted or | ||||||
3 | surrendered person took place in Illinois. | ||||||
4 | (5) In cases where the Registry receives a Request for | ||||||
5 | a Non-Certified Copy of an Original Birth Certificate from | ||||||
6 | an adult adopted or surrendered person who has not | ||||||
7 | completed a Registry application and the file of that | ||||||
8 | adopted or surrendered person includes an Information | ||||||
9 | Exchange Authorization , Birth Parent Preference Form, or | ||||||
10 | Medical Information Exchange Questionnaire from one or | ||||||
11 | more of his or her birth relatives, the Registry shall so | ||||||
12 | inform the adult adopted or surrendered person and forward | ||||||
13 | Registry application forms to him or her along with a | ||||||
14 | non-certified copy of the original birth certificate | ||||||
15 | consistent with the procedures outlined in this subsection | ||||||
16 | (e). | ||||||
17 | (6) In cases where a birth parent registered with the | ||||||
18 | Registry and filed a Medical Information Exchange | ||||||
19 | Questionnaire prior to the effective date of this | ||||||
20 | amendatory Act of the 96th General Assembly but gave no | ||||||
21 | indication as to his or her wishes regarding contact or the | ||||||
22 | sharing of identifying information, the Registry shall | ||||||
23 | contact the birth parent by written letter prior to January | ||||||
24 | 1, 2011, and provide him or her with the opportunity to | ||||||
25 | indicate his or her preference regarding contact and the | ||||||
26 | sharing of identifying information by submitting a Birth |
| |||||||
| |||||||
1 | Parent Preference Form to the Registry prior to November 1, | ||||||
2 | 2011. | ||||||
3 | (7) In cases where the Registry cannot locate a copy of | ||||||
4 | the original birth certificate in the Registry file, they | ||||||
5 | shall be authorized to request a copy of the original birth | ||||||
6 | certificate from the Illinois county where the birth took | ||||||
7 | place for placement in the Registry file. | ||||||
8 | (8) Adopted and surrendered persons who wish to have | ||||||
9 | their names placed with the Illinois Adoption Registry and | ||||||
10 | Medical Information Exchange may do so by completing a | ||||||
11 | Registry application at any time, but completing a Registry | ||||||
12 | application shall not be required for adopted and | ||||||
13 | surrendered persons who seek only to obtain a copy of their | ||||||
14 | original birth certificate or any relevant Birth Parent | ||||||
15 | Preference Forms through the Registry. | ||||||
16 | (9) In cases where a birth parent filed a Denial of | ||||||
17 | Information Exchange with the Registry prior to January 1, | ||||||
18 | 2011, or filed a Birth Parent Preference Form with the | ||||||
19 | Registry and selected Option E after January 1, 2011, and a | ||||||
20 | proof of death for the birth parent who filed the Denial or | ||||||
21 | the Birth Parent Preference Form has been filed with the | ||||||
22 | Registry by either a confidential intermediary , or a | ||||||
23 | surviving relative of the deceased birth parent, or a birth | ||||||
24 | child of the deceased birth parent, the Registry shall be | ||||||
25 | authorized to release an unaltered non-certified copy of | ||||||
26 | the original birth certificate to an adult adopted or |
| |||||||
| |||||||
1 | surrendered person or to the surviving adult child or | ||||||
2 | surviving spouse of a deceased adopted or surrendered | ||||||
3 | person who has filed a Request for a Non-Certified Copy of | ||||||
4 | the Original Birth Certificate with the Registry. | ||||||
5 | (10) On and after the effective date of this amendatory | ||||||
6 | Act of the 96th General Assembly, in cases where all birth | ||||||
7 | parents named on the original birth certificate of an | ||||||
8 | adopted or surrendered person born after January 1, 1946, | ||||||
9 | are deceased and copies of death certificates for all birth | ||||||
10 | parents named on the original birth certificate have been | ||||||
11 | filed with the Registry by either a confidential | ||||||
12 | intermediary , or a surviving relative of the deceased birth | ||||||
13 | parent, or a birth child of the deceased birth parent, the | ||||||
14 | Registry shall be authorized to release a non-certified | ||||||
15 | copy of the original birth certificate to the adopted or | ||||||
16 | surrendered person upon receipt of his or her Request for a | ||||||
17 | Non-Certified Copy of an Original Birth Certificate. | ||||||
18 | (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 |
| |||||||
| |||||||
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 | ||||||
16 | Illinois Adoption
Registry Application. All Illinois Adoption | ||||||
17 | Registry Applications, Information
Exchange
Authorizations, | ||||||
18 | Denials of Information Exchange, requests to revoke an
| ||||||
19 | Information
Exchange Authorization or Denial of Information | ||||||
20 | Exchange, Birth Parent Preference Forms, and affidavits
| ||||||
21 | submitted
to the Registry shall be
accompanied by proof of | ||||||
22 | identification.
| ||||||
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.
|
| |||||||
| |||||||
1 | (a) The Department shall develop the Illinois Adoption | ||||||
2 | Registry forms as provided in this Section. The General | ||||||
3 | Assembly shall reexamine the content of the form as requested | ||||||
4 | by the Department, in consultation with the Registry Advisory | ||||||
5 | Council. The form of the Birth Parent Registration
| ||||||
6 | Identification Form shall be substantially as follows:
| ||||||
7 | BIRTH PARENT REGISTRATION IDENTIFICATION
| ||||||
8 | (Insert all known information)
| ||||||
9 | I, ....., state that I am the ...... (mother or father) of the
| ||||||
10 | following 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).
| ||||||
21 | That I surrendered my child to: ............. (name of agency), | ||||||
22 | .....
(city and state of agency), ..... (approximate date | ||||||
23 | child surrendered).
| ||||||
24 | That I placed my child by private adoption: ..... (date),
| ||||||
25 | ...... (city
and state).
| ||||||
26 | Name of adoptive parents, if known: ......
|
| |||||||
| |||||||
1 | Other identifying information: .....
| ||||||
2 | ........................
| ||||||
3 | (Signature of parent)
| ||||||
4 | ............ ........................
| ||||||
5 | (date) (printed name of parent)
| ||||||
6 | (b) The form of the Adopted Person
Registration | ||||||
7 | Identification shall be substantially
as follows:
| ||||||
8 | ADOPTED PERSON
| ||||||
9 | REGISTRATION IDENTIFICATION
| ||||||
10 | (Insert all known information)
| ||||||
11 | I, ....., 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 |
| |||||||
| |||||||
1 | with adoptee
(if known): ..... (first) ..... (middle) | ||||||
2 | ..... (last), ..... (race), and name
of common birth | ||||||
3 | parent: ..... (first) ..... (middle) .....
(last),
| ||||||
4 | ..... (race).
| ||||||
5 | I was adopted through: ..... (name of agency).
| ||||||
6 | I was adopted privately: ..... (state "yes" if known).
| ||||||
7 | I was adopted in ..... (city and state), ..... (approximate | ||||||
8 | date).
| ||||||
9 | Other identifying information: .............
| ||||||
10 | ......................
| ||||||
11 | (signature of adoptee)
| ||||||
12 | ........... .........................
| ||||||
13 | (date) (printed name of adoptee)
| ||||||
14 | (c) The form of the Surrendered Person Registration | ||||||
15 | Identification shall be
substantially as follows:
| ||||||
16 | SURRENDERED PERSON REGISTRATION
| ||||||
17 | IDENTIFICATION
| ||||||
18 | (Insert all known information)
| ||||||
19 | I, ....., state the following:
| ||||||
20 | Surrendered Person's present name: ..... (first) .....
| ||||||
21 | (middle) ..... (last).
| ||||||
22 | Surrendered Person's name at birth (if known): ..... | ||||||
23 | (first)
.....
(middle) ..... (last), .....(birth | ||||||
24 | date), ..... (city and state of
birth), ...... (sex), | ||||||
25 | ..... (race).
|
| |||||||
| |||||||
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).
| ||||||
14 | I was surrendered for adoption to: ..... (name of agency).
| ||||||
15 | I was surrendered for adoption in ..... (city and state), ..... | ||||||
16 | (approximate
date).
| ||||||
17 | Other 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 | ||||||
24 | Surviving Relatives of Deceased Birth Parents shall be | ||||||
25 | substantially as follows:
|
| |||||||
| |||||||
1 | REGISTRATION IDENTIFICATION FORM
| ||||||
2 | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| ||||||
3 | (Insert all known information)
| ||||||
4 | I, ....., 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).
| ||||||
12 | My relationship to the adopted or surrendered person (check | ||||||
13 | one): (birth parent's non-surrendered child) (birth parent's | ||||||
14 | sister) (birth parent's brother).
| ||||||
15 | If you are a non-surrendered child of the birth parent, provide | ||||||
16 | name(s) at birth and age(s) of non-surrendered siblings having | ||||||
17 | a common parent with the birth parent. If more than one | ||||||
18 | sibling, please give information requested below on reverse | ||||||
19 | side of this form. If you are a sibling or parent of the birth | ||||||
20 | parent, provide name(s) at birth and age(s) of the sibling(s) | ||||||
21 | of the birth parent. If more than one sibling, please give | ||||||
22 | information requested below on reverse side of this form.
| ||||||
23 | Name (First) ..... (middle) ..... (last), .....(birth | ||||||
24 | date), ..... (city and state of birth), ...... (sex), | ||||||
25 | ..... (race).
|
| |||||||
| |||||||
1 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
2 | (last), .....(race), (first) ..... (middle) ..... | ||||||
3 | (last), .....(race).
| ||||||
4 | My birth sibling/child of my brother/child of my sister/ was | ||||||
5 | surrendered for adoption to ..... (name of agency) City and | ||||||
6 | state of agency ..... Date .....(approximate) Other | ||||||
7 | identifying information ..... (Please note that you must: (i) | ||||||
8 | be at least 21 years of age to register; (ii) submit with your | ||||||
9 | registration a certified copy of the birth parent's birth | ||||||
10 | certificate; (iii) submit a certified copy of the birth | ||||||
11 | parent's death certificate; and (iv) if you are a | ||||||
12 | non-surrendered birth sibling or a sibling of the deceased | ||||||
13 | birth parent, also submit a certified copy of your birth | ||||||
14 | certificate with this registration. No application from a | ||||||
15 | surviving relative of a deceased birth parent can be accepted | ||||||
16 | if the birth parent filed a Denial of Information Exchange | ||||||
17 | prior 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 | ||||||
24 | Surviving Relatives of Deceased Adopted or Surrendered Persons |
| |||||||
| |||||||
1 | shall be substantially as follows:
| ||||||
2 | REGISTRATION IDENTIFICATION FORM FOR
| ||||||
3 | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||||||
4 | (Insert all known information)
| ||||||
5 | I, ....., 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:
| ||||||
11 | My relationship to the deceased adopted or surrendered | ||||||
12 | person(check one): (adoptive mother) (adoptive father) (adult | ||||||
13 | child) (surviving spouse).
| ||||||
14 | If you are an adult child or surviving spouse of the adopted or | ||||||
15 | surrendered person, provide name(s) at birth and age(s) of the | ||||||
16 | children of the adopted or surrendered person. If the adopted | ||||||
17 | or surrendered person had more than one child, please give | ||||||
18 | information 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 |
| |||||||
| |||||||
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 | ||||||
22 | shall be
substantially
as follows:
| ||||||
23 | INFORMATION EXCHANGE AUTHORIZATION
|
| |||||||
| |||||||
1 | I, ....., state that I am the person who completed the | ||||||
2 | Registration
Identification; that I am of the age of ..... | ||||||
3 | years; that I hereby
authorize the Department of Public Health | ||||||
4 | to give to the following person(s)
(birth mother
)
(birth | ||||||
5 | father) (birth sibling) (adopted or surrendered person
) | ||||||
6 | (adoptive mother) (adoptive father) (legal guardian of an | ||||||
7 | adopted 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
| ||||||
11 | information
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
| ||||||
22 | information about an individual or individuals who have
duly
| ||||||
23 | executed an Information Exchange Authorization that
has
not | ||||||
24 | been revoked or, if I am an adopted or surrendered person who | ||||||
25 | was born on or after January 1, 1946 , from a birth parent who | ||||||
26 | completed a Birth Parent Preference Form and did not prohibit |
| |||||||
| |||||||
1 | the release of his or her identity to me; that I can be | ||||||
2 | contacted by writing to: ..... (own name or
name of person to | ||||||
3 | contact) (address) (phone number).
| ||||||
4 | NOTE: New IARMIE registrants who do not complete a Medical | ||||||
5 | Information Exchange Questionnaire and release a copy of their | ||||||
6 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
7 | registration fee. | ||||||
8 | Dated (insert date).
| ||||||
9 | .............. | ||||||
10 | (signature)
| ||||||
11 | (e) The form of the Denial of Information Exchange shall be
| ||||||
12 | substantially as follows:
| ||||||
13 | DENIAL OF INFORMATION EXCHANGE
| ||||||
14 | I, ....., state that I am the person who completed the | ||||||
15 | Registration
Identification; that I am of the age of ..... | ||||||
16 | years; that I hereby
instruct the Department of Public Health | ||||||
17 | not to give any identifying
information about me to the | ||||||
18 | following person(s)
(birth mother) (birth father) (birth | ||||||
19 | sibling)(adopted or surrendered person)(adoptive mother) | ||||||
20 | (adoptive father)(legal guardian of an adopted or surrendered | ||||||
21 | person)(birth aunt)(birth uncle)(adult child of a deceased | ||||||
22 | adopted or surrendered person) (surviving spouse of a deceased | ||||||
23 | adopted or surrendered person) (all eligible relatives). | ||||||
24 | IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER | ||||||
25 | JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH |
| |||||||
| |||||||
1 | PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH | ||||||
2 | CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH | ||||||
3 | PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING | ||||||
4 | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT | ||||||
5 | ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT | ||||||
6 | PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A | ||||||
7 | BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH | ||||||
8 | OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING | ||||||
9 | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN | ||||||
10 | ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT | ||||||
11 | CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED | ||||||
12 | PERSON.
| ||||||
13 | I do/do not (circle appropriate response) authorize the | ||||||
14 | Registry to release a copy of my completed Medical Information | ||||||
15 | Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||||||
16 | New IARMIE registrants who do not complete a Medical | ||||||
17 | Information Exchange Questionnaire and release a copy of their | ||||||
18 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
19 | registration fee.
Birth parents filing a Denial of Information | ||||||
20 | Exchange are advised that, under Illinois law, an adult adopted | ||||||
21 | person may initiate a search for a birth parent who has filed a | ||||||
22 | Denial of Information Exchange through the State confidential | ||||||
23 | intermediary program once 5 years have elapsed since the filing | ||||||
24 | of the Denial of Information Exchange.
| ||||||
25 | Dated (insert date).
| ||||||
26 | ............... |
| |||||||
| |||||||
1 | (signature)
| ||||||
2 | (f) The form of the Birth Parent Preference Form shall be | ||||||
3 | substantially as follows: | ||||||
4 | In recognition of the basic right of all persons to access | ||||||
5 | their birth records, Illinois law now provides for the release | ||||||
6 | of original birth certificates to adopted and surrendered | ||||||
7 | persons 21 years of age or older upon request. While many birth | ||||||
8 | parents are comfortable sharing their identities or initiating | ||||||
9 | contact with their birth sons and daughters once they have | ||||||
10 | reached adulthood, Illinois law also recognizes that there may | ||||||
11 | be unique situations where a birth parent might have a | ||||||
12 | compelling reason for not wishing to establish contact with a | ||||||
13 | birth son or daughter or for not wishing to release identifying | ||||||
14 | information that appears on the original birth certificate of a | ||||||
15 | birth son or daughter who has reached adulthood. The Illinois | ||||||
16 | Adoption Registry and Medical Information Exchange (IARMIE) | ||||||
17 | has therefore established this form to allow birth parents | ||||||
18 | whose birth son or daughter was born on or after January 1, | ||||||
19 | 1946, to express their preferences wishes regarding contact ; | ||||||
20 | and , if their child was born on or after January 1, 1946, to | ||||||
21 | prohibit the release the sharing of identifying information | ||||||
22 | listed on the original birth certificate during his or her | ||||||
23 | lifetime to with an adult adopted or surrendered person who has | ||||||
24 | reached the age of 21 or his or her surviving relatives . | ||||||
25 | In selecting one of the 5 options below, birth parents |
| |||||||
| |||||||
1 | should keep in mind that the decision to deny an adult adopted | ||||||
2 | or surrendered person access to identifying information on his | ||||||
3 | or her original birth record and/or information about | ||||||
4 | genetically-transmitted diseases is an important one that can | ||||||
5 | impact the adopted or surrendered person's life in many ways. A | ||||||
6 | request for anonymity on this form only pertains to information | ||||||
7 | that is provided to an adult adopted or surrendered person or | ||||||
8 | his or her surviving relatives through the Registry and does | ||||||
9 | not prevent the disclosure of identifying information that may | ||||||
10 | be available to the adoptee through his or her adoptive parents | ||||||
11 | and/or other means available to him or her. Birth parents who | ||||||
12 | would prefer not to be contacted by their surrendered son or | ||||||
13 | daughter are strongly urged to complete both the | ||||||
14 | Non-Identifying Information Section included on the final page | ||||||
15 | of this document and the Medical Questionnaire in order to | ||||||
16 | provide their surrendered son or daughter with the background | ||||||
17 | information their surrendered son or daughter may need to | ||||||
18 | better understand himself or herself and his or her origins. | ||||||
19 | Furthermore, birth parents whose surrendered son or daughter is | ||||||
20 | under 21 years of age at the time of completion of this form | ||||||
21 | are reminded that, since Since no original birth certificates | ||||||
22 | are released by the IARMIE before an adoptee has reached the | ||||||
23 | age of 21, birth parents whose surrendered son or daughter is | ||||||
24 | under 21 years of age and birth parents are encouraged to take | ||||||
25 | as much time as they need to weigh the options available to | ||||||
26 | them before completing this form. Should you need additional |
| |||||||
| |||||||
1 | assistance in completing this form, please contact the agency | ||||||
2 | that handled the adoption, if applicable, or the Illinois | ||||||
3 | Adoption Registry and Medical Information Exchange at | ||||||
4 | 217-557-5159. | ||||||
5 | After careful consideration, I, (insert your name) ......, | ||||||
6 | have made the following decision regarding contact with my | ||||||
7 | birth son/birth daughter, (insert birth son's/birth daughter's | ||||||
8 | name at birth, if applicable) ......, who was born in (insert | ||||||
9 | city/town of birth) ...... on (insert date of birth)...... and | ||||||
10 | the release of my identifying information as it appears on | ||||||
11 | his/her original birth certificate when he/she reaches the age | ||||||
12 | of 21, and I have chosen Option ...... (insert A, B, C, D, or E, | ||||||
13 | as applicable). I realize that this form must be accompanied by | ||||||
14 | a completed IARMIE application form as well as a Medical | ||||||
15 | Information Exchange Questionnaire or the $15 registration | ||||||
16 | fee. I am also aware that I may revoke this decision at any | ||||||
17 | time by completing a new Birth Parent Preference Form and | ||||||
18 | filing it with the IARMIE. I understand that it is my | ||||||
19 | responsibility to update the IARMIE with any changes to contact | ||||||
20 | information provided below. I also understand that, while | ||||||
21 | preferences regarding the release of identifying information | ||||||
22 | through the Registry are binding unless the law should change | ||||||
23 | in the future, any selection I have made regarding my preferred | ||||||
24 | method of contact is not. | ||||||
25 | .................................... | ||||||
26 | (Signature/Date) |
| |||||||
| |||||||
1 | (Please insert your signature and today's date above, as well | ||||||
2 | as under your chosen option, A, B, C, D, or E below.) | ||||||
3 | Option A. My birth son or birth daughter was born on or after | ||||||
4 | January 1, 1946, and I agree to the release of my identifying | ||||||
5 | information as it appears on my birth son's/birth daughter's | ||||||
6 | original birth certificate, OR my birth son or birth daughter | ||||||
7 | was born prior to January 1, 1946. I would welcome direct | ||||||
8 | contact with my birth son/birth daughter when he or she has | ||||||
9 | reached the age of 21 and I wish to be contacted at the | ||||||
10 | following mailing address, email address or phone number: | ||||||
11 | ... | ||||||
12 | ............................................................. | ||||||
13 | ............................................................. | ||||||
14 | ............................................................. | ||||||
15 | (Signature/Date) | ||||||
16 | Option B. My birth son or birth daughter was born on or after | ||||||
17 | January 1, 1946, and I agree to the release of my identifying | ||||||
18 | information as it appears on my birth son's/birth daughter's | ||||||
19 | original birth certificate, OR my birth son or birth daughter | ||||||
20 | was born prior to January 1, 1946. I would welcome contact with | ||||||
21 | my birth son/birth daughter when he or she has reached the age | ||||||
22 | of 21, but I would prefer to be contacted through the following | ||||||
23 | person. (Insert name and mailing address, email address or |
| |||||||
| |||||||
1 | phone number of chosen contact person.) | ||||||
2 | ..................... | ||||||
3 | ............................................................. | ||||||
4 | (Signature/Date) | ||||||
5 | Option C. My birth son or birth daughter was born on or after | ||||||
6 | January 1, 1946, and I agree to the release of my identifying | ||||||
7 | information name as it appears on my birth son's/birth | ||||||
8 | daughter's original birth certificate, OR my birth son or birth | ||||||
9 | daughter was born prior to January 1, 1946. I would welcome | ||||||
10 | contact with my birth son/birth daughter when he or she has | ||||||
11 | reached the age of 21, but I would prefer to be contacted | ||||||
12 | through the Illinois confidential intermediary program (please | ||||||
13 | call 800-526-9022 for additional information) or through the | ||||||
14 | agency that handled the adoption. (Insert agency name, address | ||||||
15 | and phone number, if applicable.) | ||||||
16 | ........................... | ||||||
17 | ............................................................. | ||||||
18 | (Signature/Date) | ||||||
19 | Option D. My birth son or birth daughter was born on or after | ||||||
20 | January 1, 1946, and I agree to the release of my identifying | ||||||
21 | information name as it appears on my birth son's/birth | ||||||
22 | daughter's original birth certificate, OR my birth son or birth | ||||||
23 | daughter was born prior to January 1, 1946. but I would prefer | ||||||
24 | not to be contacted by my birth son/birth daughter when he or |
| |||||||
| |||||||
1 | she has reached the age of 21. | ||||||
2 | .............................. | ||||||
3 | (Signature/Date) | ||||||
4 | Option E. My birth son or birth daughter was born on or after | ||||||
5 | January 1, 1946, and I wish to prohibit the release of my | ||||||
6 | (circle ALL applicable options) first name, last name, last | ||||||
7 | known address, birth son/birth daughter's last name (if last | ||||||
8 | name listed is same as mine), as they appear on my birth | ||||||
9 | son's/birth daughter's original birth certificate and do not | ||||||
10 | wish to be contacted by my birth son/birth daughter when he or | ||||||
11 | she has reached the age of 21. If there were any special | ||||||
12 | circumstances that played a role in your decision to remain | ||||||
13 | anonymous which you would like to share with your birth | ||||||
14 | son/birth daughter, please list them in the space provided | ||||||
15 | below (optional). | ||||||
16 | ........................................... | ||||||
17 | ............................................................. | ||||||
18 | I understand that, although I have chosen to prohibit the | ||||||
19 | release of my identity on the non-certified copy of the | ||||||
20 | original birth certificate released to my birth son/birth | ||||||
21 | daughter, he or she may request that a court-appointed | ||||||
22 | confidential intermediary contact me to request updated | ||||||
23 | medical information and/or confirm my desire to remain | ||||||
24 | anonymous once 5 years have elapsed since the signing of this | ||||||
25 | form; at the time of this subsequent search, I wish to be |
| |||||||
| |||||||
1 | contacted through the person named below. (Insert in blank area | ||||||
2 | below the name and phone number of the contact person, or leave | ||||||
3 | it blank if you wish to be contacted directly.) I also | ||||||
4 | understand that this request for anonymity shall expire upon my | ||||||
5 | death. | ||||||
6 | ...................................................... | ||||||
7 | ............................................................. | ||||||
8 | (Signature/Date) | ||||||
9 | NOTE: A copy of this form will be forwarded to your birth son | ||||||
10 | or birth daughter should he or she file a request for his or | ||||||
11 | her original birth certificate with the IARMIE. However, if you | ||||||
12 | have selected Option E, identifying information, per your | ||||||
13 | specifications above, will be deleted from the copy of this | ||||||
14 | form forwarded to your birth son or daughter during your | ||||||
15 | lifetime. In the event that an adopted or surrendered person is | ||||||
16 | deceased, his or her surviving adult children may request a | ||||||
17 | copy of the adopted or surrendered person's original birth | ||||||
18 | certificate providing they have registered with the IARMIE; the | ||||||
19 | copy of this form and the non-certified copy of the original | ||||||
20 | birth certificate forwarded to the surviving child of the | ||||||
21 | adopted or surrendered person shall be redacted per your | ||||||
22 | specifications on this form during your lifetime. | ||||||
23 | Non-Identifying Information Section
| ||||||
24 | I wish to voluntarily provide the following non-identifying | ||||||
25 | information to my birth son or birth daughter surrendered son |
| |||||||
| |||||||
1 | or daughter :
| ||||||
2 | My age at the time of my child's birth was .........
| ||||||
3 | My race is best described as: .......................... | ||||||
4 | My height is: ......... | ||||||
5 | My body type is best described as (circle one): slim, average, | ||||||
6 | muscular, a few extra pounds, or more than a few extra pounds.
| ||||||
7 | My natural hair color is/was: .................. | ||||||
8 | My eye color is: .................. | ||||||
9 | My religion is best described as: ..................
| ||||||
10 | My ethnic background is best described as: ..................
| ||||||
11 | My educational level is closest to (circle applicable | ||||||
12 | response): completed elementary school, graduated from | ||||||
13 | high school, attended college, earned bachelor's degree, | ||||||
14 | earned master's degree, earned doctoral degree.
| ||||||
15 | My occupation is best described as .................. | ||||||
16 | My hobbies include .................. | ||||||
17 | My interests include .................. | ||||||
18 | My talents include .................. | ||||||
19 | In addition to my surrendered son or daughter, I also | ||||||
20 | am the biological parent of (insert number) ....... boys and | ||||||
21 | (insert number) ....... girls, of whom (insert number) ....... | ||||||
22 | are still living.
| ||||||
23 | The relationship between me and my child's birth mother/birth | ||||||
24 | father would best be described as (circle appropriate | ||||||
25 | response): husband and wife, ex-spouses, boyfriend and | ||||||
26 | girlfriend, casual acquaintances, other (please specify) |
| |||||||
| |||||||
1 | .............. | ||||||
2 | (g) The form of the Request for a Non-Certified Copy of an | ||||||
3 | Original 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 | ||||||
7 | non-certified copy of (check appropriate option) ..... my | ||||||
8 | original birth certificate ..... the original birth | ||||||
9 | certificate of my deceased adopted or surrendered parent ..... | ||||||
10 | the original birth certificate of my deceased adopted or | ||||||
11 | surrendered spouse (insert deceased parent's/deceased spouse's | ||||||
12 | name at adoption) ...... I/my deceased parent/my deceased | ||||||
13 | spouse was born in (insert city and county of adopted or | ||||||
14 | surrendered person's birth) ..... on ..... (insert adopted or | ||||||
15 | surrendered person's date of birth). In the event that one or | ||||||
16 | both of my/my deceased parent's/my deceased spouse's birth | ||||||
17 | parents has requested that their identity not be released to | ||||||
18 | me/to my deceased parent/to my deceased spouse, I wish to | ||||||
19 | (check appropriate option) ..... a. receive a non-certified | ||||||
20 | copy of the original birth certificate from which identifying | ||||||
21 | information pertaining to the birth parent who requested | ||||||
22 | anonymity has been deleted; or ..... b. I do not wish to | ||||||
23 | received an altered copy of the original birth certificate. | ||||||
24 | Dated (insert date). | ||||||
25 | ................... | ||||||
26 | (signature)
|
| |||||||
| |||||||
1 | (h) Any Information Exchange Authorization, Denial of | ||||||
2 | Information
Exchange, or Birth Parent Preference Form filed | ||||||
3 | with the Registry, or Request for a Non-Certified Copy of an | ||||||
4 | Original Birth Certificate filed with the Registry by a | ||||||
5 | surviving adult child or surviving spouse of a deceased adopted | ||||||
6 | or surrendered person, shall be acknowledged by the person who | ||||||
7 | filed it before a notary
public, in form
substantially as | ||||||
8 | follows:
| ||||||
9 | State of ..............
| ||||||
10 | County of .............
| ||||||
11 | I, a Notary Public, in and for the said County, in the | ||||||
12 | State aforesaid,
do hereby certify that ............... | ||||||
13 | personally known to me to be the
same person whose name is | ||||||
14 | subscribed to the foregoing certificate of
acknowledgement, | ||||||
15 | appeared before me in person and acknowledged that (he or
she) | ||||||
16 | signed such certificate as (his or her) free and voluntary act | ||||||
17 | and
that the statements in such certificate are true.
| ||||||
18 | Given under my hand and notarial seal on (insert date).
| ||||||
19 | .........................
| ||||||
20 | (signature)
| ||||||
21 | (i) When the execution of an Information Exchange
| ||||||
22 | Authorization, Denial of Information Exchange, or Birth Parent | ||||||
23 | Preference Form or Request for a Non-Certified Copy of an | ||||||
24 | Original Birth Certificate completed by a surviving adult child |
| |||||||
| |||||||
1 | or surviving spouse of a deceased adopted or surrendered person | ||||||
2 | is acknowledged before a
representative of an agency, such | ||||||
3 | representative shall have his signature
on said Certificate | ||||||
4 | acknowledged before a notary public, in form substantially
as | ||||||
5 | follows:
| ||||||
6 | State of..........
| ||||||
7 | County of.........
| ||||||
8 | I, a Notary Public, in and for the said County, in the | ||||||
9 | State aforesaid,
do hereby certify that ..... personally known | ||||||
10 | to me to be the same person
whose name is subscribed to the | ||||||
11 | foregoing certificate of acknowledgement,
appeared before me | ||||||
12 | in person and acknowledged that (he or she) signed such
| ||||||
13 | certificate as (his or her) free and voluntary act and that the | ||||||
14 | statements
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,
| ||||||
19 | Information
Exchange Authorization, Denial of
Information | ||||||
20 | Exchange, Birth Parent Preference Form, or Request for a | ||||||
21 | Non-Certified Copy of an Original Birth Certificate completed | ||||||
22 | by a surviving adult child or surviving spouse of a deceased | ||||||
23 | adopted or surrendered person is executed in a foreign country, | ||||||
24 | the
execution of such
document shall be acknowledged or | ||||||
25 | affirmed before an officer of the United
States consular |
| |||||||
| |||||||
1 | services.
| ||||||
2 | (k) If the person signing an Information Exchange
| ||||||
3 | Authorization, Denial of Information, Birth Parent Preference | ||||||
4 | Form, or Request for a Non-Certified Copy of an Original Birth | ||||||
5 | Certificate completed by a surviving adult child or surviving | ||||||
6 | spouse of a deceased adopted or surrendered person is in the | ||||||
7 | military service of the
United States, the execution of such | ||||||
8 | document may be acknowledged before a
commissioned officer and | ||||||
9 | the signature of such officer on such certificate
shall be | ||||||
10 | verified or acknowledged before a notary public or by such | ||||||
11 | other
procedure as is then in effect for such division or | ||||||
12 | branch of the armed forces.
| ||||||
13 | (l) An adopted or surrendered person who completes a | ||||||
14 | Request For a Non-Certified Copy of the Original Birth | ||||||
15 | Certificate shall meet the same filing requirements and pay the | ||||||
16 | same filing fees as a non-adopted person seeking to obtain a | ||||||
17 | copy 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 | ||||||
22 | of
this Act, any
adopted or surrendered person 21 years of age | ||||||
23 | or over, any adoptive parent or legal guardian
of
an adopted or | ||||||
24 | surrendered person under the age of 21, or any birth parent of | ||||||
25 | an adopted
or surrendered person who is 21 years of age or over |
| |||||||
| |||||||
1 | may petition the court in any county in
the
State of Illinois | ||||||
2 | for appointment of a confidential intermediary as provided in
| ||||||
3 | this Section for the purpose of exchanging medical information | ||||||
4 | with one or
more mutually consenting biological relatives, | ||||||
5 | obtaining identifying
information about one or more mutually | ||||||
6 | consenting biological relatives, or
arranging contact with one | ||||||
7 | or more mutually consenting biological relatives.
| ||||||
8 | Additionally, in cases where an adopted or surrendered person | ||||||
9 | is deceased,
an adult child of the adopted
or surrendered | ||||||
10 | person or his or her adoptive parents or surviving spouse may | ||||||
11 | file a petition under this Section and in cases
where the birth | ||||||
12 | parent is deceased,
an adult birth sibling of the adopted or | ||||||
13 | surrendered person or of the deceased birth parent
may
file a | ||||||
14 | petition under this Section for the purpose of exchanging | ||||||
15 | medical
information with one or more mutually consenting | ||||||
16 | biological relatives of the adopted or surrendered person,
| ||||||
17 | obtaining identifying information about one or more mutually | ||||||
18 | consenting
biological relatives of the adopted or surrendered | ||||||
19 | person, or arranging contact with one or more mutually
| ||||||
20 | consenting biological relatives of the adopted or surrendered | ||||||
21 | person. Beginning January 1, 2006, any adopted or surrendered | ||||||
22 | person 21 years of age or over; any adoptive parent or legal | ||||||
23 | guardian of an adopted or surrendered person under the age of | ||||||
24 | 21; any birth parent, birth sibling, birth aunt, or birth uncle | ||||||
25 | of an adopted or surrendered person over the age of 21; any | ||||||
26 | surviving child, adoptive parent, or surviving spouse of a |
| |||||||
| |||||||
1 | deceased adopted or surrendered person who wishes to petition | ||||||
2 | the court for the appointment of a confidential intermediary | ||||||
3 | shall be required to accompany their petition with proof of | ||||||
4 | registration with the Illinois Adoption Registry and Medical | ||||||
5 | Information Exchange.
| ||||||
6 | (b) Petition. Upon petition by an adopted or surrendered
| ||||||
7 | person 21 years of age or over (an "adult adopted or | ||||||
8 | surrendered person"), an
adoptive parent or legal guardian of | ||||||
9 | an adopted or surrendered person under the age of 21,
or a | ||||||
10 | birth parent of an adopted or surrendered person who is 21 | ||||||
11 | years of age or over, the
court
shall appoint a confidential | ||||||
12 | intermediary. Upon petition by
an adult child, adoptive parent | ||||||
13 | or surviving spouse of an adopted or surrendered person who is | ||||||
14 | deceased, by an adult birth sibling of an adopted or | ||||||
15 | surrendered person
whose common birth parent is deceased
and | ||||||
16 | whose adopted or surrendered birth sibling is 21 years of age | ||||||
17 | or over, or by an adult sibling of a birth parent who is | ||||||
18 | deceased,
and whose surrendered child is 21 years of age or | ||||||
19 | over, the court may appoint a confidential
intermediary if the | ||||||
20 | court finds that the disclosure is of greater benefit than
| ||||||
21 | nondisclosure.
The petition shall state which biological | ||||||
22 | relative
or
relatives are being sought and shall indicate if | ||||||
23 | the petitioner wants to do any
one or more of the following: | ||||||
24 | exchange medical information with the
biological relative or | ||||||
25 | relatives, obtain identifying information from the
biological | ||||||
26 | relative or relatives, or to arrange contact with the |
| |||||||
| |||||||
1 | biological
relative.
| ||||||
2 | (c) Order. The order appointing the confidential | ||||||
3 | intermediary shall allow
that
intermediary to conduct a search | ||||||
4 | for the sought-after relative by accessing
those records | ||||||
5 | described in subsection (g) of this Section.
| ||||||
6 | (d) Fees and expenses. The court shall condition the | ||||||
7 | appointment of the
confidential intermediary on the | ||||||
8 | petitioner's payment of the intermediary's
fees and expenses in | ||||||
9 | advance of the commencement of the work of the
confidential | ||||||
10 | intermediary. However, no fee shall be charged if the | ||||||
11 | petitioner is an adult adopted or surrendered person and the | ||||||
12 | sought-after relative is a birth parent who filed a Denial with | ||||||
13 | the Registry prior to January 1, 2011, or filed a Birth Parent | ||||||
14 | Preference Form on which Option E was selected after January 1, | ||||||
15 | 2011 and more than 5 years have transpired since the birth | ||||||
16 | parent filed the Denial of Information Exchange or Birth Parent | ||||||
17 | Preference Form on which Option E was selected.
| ||||||
18 | (e) Eligibility of intermediary. The court may appoint as | ||||||
19 | confidential
intermediary any
person certified by the | ||||||
20 | Department of Children and Family Services as qualified to | ||||||
21 | serve as a confidential
intermediary.
Certification shall be | ||||||
22 | dependent upon the
confidential intermediary completing a | ||||||
23 | course of training including, but not
limited to, applicable | ||||||
24 | federal and State privacy laws.
| ||||||
25 | (f) Confidential Intermediary Council. There shall be | ||||||
26 | established under the
Department of Children and Family
|
| |||||||
| |||||||
1 | Services a Confidential Intermediary Advisory Council. One | ||||||
2 | member shall be an
attorney representing the Attorney General's | ||||||
3 | Office appointed by the Attorney
General. One member shall be a | ||||||
4 | currently certified confidential intermediary
appointed by the | ||||||
5 | Director of the Department of Children and Family Services.
The | ||||||
6 | Director shall also appoint 5 additional members. When making | ||||||
7 | those
appointments, the Director shall consider advocates for | ||||||
8 | adopted persons,
adoptive parents, birth parents, lawyers who | ||||||
9 | represent clients in private
adoptions, lawyers specializing | ||||||
10 | in privacy law, and representatives of agencies
involved in | ||||||
11 | adoptions. The Director shall appoint one of the 7 members as
| ||||||
12 | the chairperson. An attorney from the Department of Children | ||||||
13 | and Family
Services
and the person directly responsible for | ||||||
14 | administering the confidential
intermediary program shall | ||||||
15 | serve as ex-officio, non-voting advisors to the
Council. | ||||||
16 | Council members shall serve at the discretion of the Director | ||||||
17 | and
shall receive no compensation other than reasonable | ||||||
18 | expenses approved by the
Director. The Council shall meet no | ||||||
19 | less than twice yearly and shall meet at least once yearly with | ||||||
20 | the Registry Advisory Council, and shall make
recommendations | ||||||
21 | to the Director regarding the development of rules, procedures,
| ||||||
22 | and forms that will ensure efficient and effective operation of | ||||||
23 | the
confidential intermediary process, including:
| ||||||
24 | (1) Standards for certification for confidential | ||||||
25 | intermediaries.
| ||||||
26 | (2) Oversight of methods used to verify that |
| |||||||
| |||||||
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) | ||||||
13 | of this
Section, the
confidential
intermediary shall have | ||||||
14 | access to vital records or a comparable public entity that | ||||||
15 | maintains vital records in another state in accordance with | ||||||
16 | that state's laws, maintained by the Department of
Public | ||||||
17 | Health and its local designees for the maintenance of vital | ||||||
18 | records or a comparable public entity that maintains vital | ||||||
19 | records in another state in accordance with that state's laws | ||||||
20 | and
all records of the court or any adoption agency,
public
or | ||||||
21 | private, as limited in this Section, which relate to the | ||||||
22 | adoption or the identity and location of an
adopted or | ||||||
23 | surrendered person, of an adult child or surviving spouse of a | ||||||
24 | deceased adopted or surrendered person, or of a birth
parent, | ||||||
25 | birth sibling, or the sibling of a deceased birth parent. The
| ||||||
26 | confidential intermediary shall not have access to any personal |
| |||||||
| |||||||
1 | health
information protected by the Standards for Privacy of | ||||||
2 | Individually
Identifiable Health Information adopted by the | ||||||
3 | U.S. Department of Health and
Human Services under the Health | ||||||
4 | Insurance Portability and Accountability Act of
1996 unless the | ||||||
5 | confidential intermediary has obtained written consent from | ||||||
6 | the
person whose information is being sought by an adult | ||||||
7 | adopted or surrendered person or, if that person is a minor | ||||||
8 | child,
that person's parent or guardian. Confidential
| ||||||
9 | intermediaries shall be authorized to inspect confidential | ||||||
10 | relinquishment and
adoption records. The confidential | ||||||
11 | intermediary shall not be authorized to
access medical
records, | ||||||
12 | financial records, credit records, banking records, home | ||||||
13 | studies,
attorney file records, or other personal records.
In | ||||||
14 | cases where a birth parent is being sought, an adoption agency | ||||||
15 | shall inform
the confidential intermediary of any statement | ||||||
16 | filed pursuant to Section 18.3, hereinafter referred to as "the | ||||||
17 | 18.3 statement",
indicating a desire of the surrendering birth | ||||||
18 | parent to have identifying
information shared or to not have | ||||||
19 | identifying information shared. If there was
a clear statement | ||||||
20 | of intent by the sought-after birth parent not to have
| ||||||
21 | identifying information shared, the confidential intermediary | ||||||
22 | shall discontinue
the search and inform the petitioning party | ||||||
23 | of the sought-after relative's
intent unless the birth parent | ||||||
24 | filed the 18.3 statement prior to the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly and more than 5 | ||||||
26 | years have elapsed since the filing of the 18.3 statement. If |
| |||||||
| |||||||
1 | the adult adopted or surrendered person is the subject of an | ||||||
2 | 18.3 statement indicating a desire not to establish contact | ||||||
3 | which was filed more than 5 years prior to the search request, | ||||||
4 | the confidential intermediary shall confirm the petitioner's | ||||||
5 | desire to continue the search. Information
provided to the | ||||||
6 | confidential intermediary by an adoption agency shall be
| ||||||
7 | restricted to the full name, date of birth, place of birth, | ||||||
8 | last known address,
last known telephone number of the | ||||||
9 | sought-after relative or, if applicable,
of the children or | ||||||
10 | siblings of the sought-after relative, and the 18.3 statement.
| ||||||
11 | (h) Adoption agency disclosure of medical information. If | ||||||
12 | the petitioner is
an adult adopted or surrendered person or the | ||||||
13 | adoptive parent of a
minor and if the petitioner has signed a | ||||||
14 | written authorization to disclose
personal medical | ||||||
15 | information, an adoption agency disclosing information to a
| ||||||
16 | confidential intermediary shall disclose available medical | ||||||
17 | information about
the adopted or surrendered person from birth | ||||||
18 | through adoption.
| ||||||
19 | (i) Duties of confidential intermediary in conducting a | ||||||
20 | search. In
conducting
a search under this Section, the | ||||||
21 | confidential intermediary shall first confirm
that there is no | ||||||
22 | Denial of Information Exchange on file with the Illinois
| ||||||
23 | Adoption Registry. If the petitioner is an adult child of an | ||||||
24 | adopted or surrendered person
who is deceased, the
confidential | ||||||
25 | intermediary shall additionally confirm that the adopted or | ||||||
26 | surrendered person
did not file a Denial of Information |
| |||||||
| |||||||
1 | Exchange or a Birth Parent Preference Form with Option E | ||||||
2 | selected with the Illinois Adoption
Registry during his or her | ||||||
3 | life. If there is a Denial on file with the Registry, the | ||||||
4 | confidential intermediary must discontinue the search unless | ||||||
5 | the petitioner is an adult adopted or surrendered person and | ||||||
6 | the sought-after birth relative filed the Denial 5 years or | ||||||
7 | more prior to the search or the birth parent has not been the | ||||||
8 | object of a search through the State confidential intermediary | ||||||
9 | program for 10 or more years. If the petitioner is an adult | ||||||
10 | adopted or surrendered person and there is a Birth Parent | ||||||
11 | Preference Form on file with the Registry and the birth parent | ||||||
12 | who completed the form selected Option E, the confidential | ||||||
13 | intermediary must discontinue the search unless 5 years or more | ||||||
14 | have elapsed since the filing of the Birth Parent Preference | ||||||
15 | Form. If the petitioner is an adult birth sibling of
an
adopted
| ||||||
16 | or surrendered person or an adult sibling of a birth parent who | ||||||
17 | is deceased,
the confidential intermediary shall
additionally | ||||||
18 | confirm that the birth parent did not file a Denial of | ||||||
19 | Information
Exchange or a Birth Parent Preference Form with | ||||||
20 | Option E selected with the Registry during his or her life. If | ||||||
21 | the confidential
intermediary learns that a sought-after birth | ||||||
22 | parent signed an 18.3 statement
indicating his or her intent | ||||||
23 | not to have identifying information shared, and
did not later | ||||||
24 | file an Information Exchange Authorization or a Birth Parent | ||||||
25 | Preference Form with the
Registry, the confidential | ||||||
26 | intermediary shall discontinue the search and inform
the |
| |||||||
| |||||||
1 | petitioning party of the birth parent's intent, unless the | ||||||
2 | petitioner is an adult adopted or surrendered person and 5 | ||||||
3 | years or more have elapsed since the birth parent signed the | ||||||
4 | statement indicating his or her intent not to have identifying | ||||||
5 | information shared. In cases where the birth parent filed a | ||||||
6 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
7 | where Option E was selected, or statement indicating his or her | ||||||
8 | intent not to have identifying information shared less than 5 | ||||||
9 | years prior to the search request and the petitioner is an | ||||||
10 | adult adopted or surrendered person, the confidential | ||||||
11 | intermediary shall inform the petitioner of the need to | ||||||
12 | discontinue the search until 5 years have elapsed since the | ||||||
13 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
14 | where Option E was selected, or statement
was filed; in cases | ||||||
15 | where a birth parent was previously the subject of a search | ||||||
16 | through the State confidential intermediary program, the | ||||||
17 | confidential intermediary shall inform the petitioner of the | ||||||
18 | need to discontinue the search until 10 years or more have | ||||||
19 | elapsed since the initial search was closed. In cases where a | ||||||
20 | birth parent has been the object of 2 searches through the | ||||||
21 | State confidential intermediary program, no subsequent search | ||||||
22 | for the birth parent shall be authorized absent a court order | ||||||
23 | to the contrary.
| ||||||
24 | In conducting a search under this Section, the confidential | ||||||
25 | intermediary
shall attempt to locate the relative or relatives | ||||||
26 | from whom the petitioner has
requested information. If the |
| |||||||
| |||||||
1 | sought-after relative is deceased
or cannot be located after a | ||||||
2 | diligent search, the
confidential intermediary may contact | ||||||
3 | other adult relatives of the
sought-after relative.
| ||||||
4 | The confidential intermediary shall contact a sought-after | ||||||
5 | relative on
behalf of the petitioner in a manner that respects | ||||||
6 | the sought-after relative's
privacy and shall inform the | ||||||
7 | sought-after relative of the petitioner's request
for medical | ||||||
8 | information, identifying information or contact as stated in | ||||||
9 | the
petition. Based upon the terms of the petitioner's request, | ||||||
10 | the confidential
intermediary shall contact a sought-after | ||||||
11 | relative on behalf of the petitioner
and inform the | ||||||
12 | sought-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
|
| |||||||
| |||||||
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 | ||||||
25 | of
confidentiality substantially as follows: "I, .........., | ||||||
26 | being duly sworn, on
oath depose and say: As a condition of |
| |||||||
| |||||||
1 | appointment 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.
................................
| ||||||
8 | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| ||||||
9 | date)
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | provision
of this Act, if the confidential intermediary | ||||||
8 | discovers that the person
being sought has died, he or she | ||||||
9 | shall report this fact to the court,
along with a copy of the | ||||||
10 | death certificate. If the sought-after relative is a birth | ||||||
11 | parent, the confidential intermediary shall also forward a copy | ||||||
12 | of the birth parent's death certificate, if available, to the | ||||||
13 | Registry for inclusion in the Registry file.
| ||||||
14 | (m) Any confidential information obtained by the | ||||||
15 | confidential intermediary
during the course of his or her | ||||||
16 | search shall be kept strictly confidential
and shall be used | ||||||
17 | for the purpose of arranging contact between the
petitioner and | ||||||
18 | the sought-after birth relative. At the time the case is
| ||||||
19 | closed, all identifying information shall be returned to the | ||||||
20 | court for
inclusion in the impounded adoption file.
| ||||||
21 | (n) If the petitioner is an adopted or surrendered person | ||||||
22 | 21 years of age or over or the
adoptive parent or legal | ||||||
23 | guardian of an adopted or surrendered person under the age
of | ||||||
24 | 21, any
non-identifying information, as defined in Section | ||||||
25 | 18.4, that is
ascertained during the course of the search may | ||||||
26 | be given in writing to
the petitioner at any time during the |
| |||||||
| |||||||
1 | search before the case is closed.
| ||||||
2 | (o) Except as provided in subsection (k) of this Section, | ||||||
3 | no liability shall
accrue to
the State, any State agency, any | ||||||
4 | judge, any officer or employee of the
court, any certified | ||||||
5 | confidential intermediary, or any agency designated
to oversee | ||||||
6 | confidential intermediary services for acts, omissions, or
| ||||||
7 | efforts made in good faith within the scope of this Section.
| ||||||
8 | (p) An adoption agency that has received a request from a | ||||||
9 | confidential intermediary for the full name, date of birth, | ||||||
10 | last known address, or last known telephone number of a | ||||||
11 | sought-after relative pursuant to subsection (g) of Section | ||||||
12 | 18.3a, or for medical information regarding a sought-after | ||||||
13 | relative pursuant to subsection (h) of Section 18.3a, must | ||||||
14 | satisfactorily comply with this court order within a period of | ||||||
15 | 45 days. The court shall order the adoption agency to reimburse | ||||||
16 | the petitioner in an amount equal to all payments made by the | ||||||
17 | petitioner to the confidential intermediary, and the adoption | ||||||
18 | agency shall be subject to a civil monetary penalty of $1,000 | ||||||
19 | to be paid to the Department of Children and Family Services. | ||||||
20 | Following the issuance of a court order finding that the | ||||||
21 | adoption agency has not complied with Section 18.3, the | ||||||
22 | adoption agency shall be subject to a monetary penalty of $500 | ||||||
23 | per day for each subsequent day of non-compliance. Proceeds | ||||||
24 | from such fines shall be utilized by the Department of Children | ||||||
25 | and Family Services to subsidize the fees of petitioners as | ||||||
26 | referenced in subsection (d) of this Section. |
| |||||||
| |||||||
1 | (q) Provide information to eligible petitioner. The | ||||||
2 | confidential intermediary may provide to eligible petitioners | ||||||
3 | as described in subsections (a) and (b) of this Section, the | ||||||
4 | name of the child welfare agency which had legal custody of the | ||||||
5 | surrendered person or responsibility for placing the | ||||||
6 | surrendered person and any available contact information for | ||||||
7 | such agency. In addition, the confidential intermediary may | ||||||
8 | provide to such petitioners the name of the state in which the | ||||||
9 | surrender occurred or in which the adoption was finalized. | ||||||
10 | Any reimbursements and fines, notwithstanding any | ||||||
11 | reimbursement directly to the petitioner, paid under this | ||||||
12 | subsection are in addition to other remedies a court may | ||||||
13 | otherwise impose by law. | ||||||
14 | The Department of Children and Family Services shall submit | ||||||
15 | reports to the Confidential Intermediary Advisory Council by | ||||||
16 | July 1 and January 1 of each year in order to report the | ||||||
17 | penalties assessed and collected under this subsection, the | ||||||
18 | amounts of related deposits into the DCFS Children's Services | ||||||
19 | Fund, 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 | ||||||
23 | shall levy a
fee for each
registrant under Sections 18.05 | ||||||
24 | through 18.5.
A $15 fee shall be charged for registering with | ||||||
25 | the Illinois Adoption
Registry and Medical Information |
| |||||||
| |||||||
1 | Exchange. However, this fee shall be
waived for all adopted or | ||||||
2 | surrendered persons, surviving children and spouses of | ||||||
3 | deceased adopted persons, adoptive parents,
legal guardians, | ||||||
4 | birth parents, birth aunts, birth uncles, and
birth siblings | ||||||
5 | who complete a Medical Information Exchange Questionnaire at | ||||||
6 | the
time of registration and authorize its release to specified | ||||||
7 | registered parties,
and for adoptive parents
registering | ||||||
8 | within 12 months of the finalization of the
adoption. All | ||||||
9 | persons who were registered with the Illinois Adoption Registry
| ||||||
10 | prior to the effective date of this amendatory Act of 1999
and | ||||||
11 | who wish to
update their registration may do so without charge.
| ||||||
12 | No charge of any
kind shall be made for the withdrawal of any | ||||||
13 | form 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 | ||||||
16 | becoming law.".
|