Rep. Sara Feigenholtz

Filed: 11/29/2010

 

 


 

 


 
09600HB1445ham002LRB096 05030 AJO 44197 a

1
AMENDMENT TO HOUSE BILL 1445

2    AMENDMENT NO. ______. Amend House Bill 1445 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Vital Records Act is amended by changing
5Section 17 as follows:
 
6    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
7    Sec. 17. (1) For a person born in this State, the State
8Registrar of Vital Records shall establish a new certificate of
9birth when he receives any of the following:
10        (a) A certificate of adoption as provided in Section 16
11    or a certified copy of the order of adoption together with
12    the information necessary to identify the original
13    certificate of birth and to establish the new certificate
14    of birth; except that a new certificate of birth shall not
15    be established if so requested by the court ordering the
16    adoption, the adoptive parents, or the adopted person.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1and Medical Information Exchange denying the release of
2identifying information which has been filed with the Registry.
3    "Information Exchange Authorization" means an affidavit
4completed by a registrant with the Illinois Adoption Registry
5and Medical Information Exchange authorizing the release of
6identifying information which has been filed with the Registry.
7    "Medical Information Exchange Questionnaire" means the
8medical history questionnaire completed by a registrant of the
9Illinois Adoption Registry and Medical Information Exchange.
10    "Non-certified Copy of the Original Birth Certificate"
11means a non-certified copy of the original certificate of live
12birth of an adult adopted or surrendered person who was born in
13Illinois.
14    "Proof of death" means a death certificate.
15    "Registrant" or "Registered Party" means a birth parent,
16birth sibling, birth aunt, birth uncle, adopted or surrendered
17person 21 years of age or over, adoptive parent or legal
18guardian of an adopted or surrendered person under the age of
1921, or adoptive parent, surviving spouse, or adult child of a
20deceased adopted or surrendered person who has filed an
21Illinois Adoption Registry Application or Registration
22Identification Form with the Registry.
23    "Registry" means the Illinois Adoption Registry and
24Medical Information Exchange.
25    "Request for a Non-Certified Copy of an Original Birth
26Certificate" means an affidavit completed by an adult adopted

 

 

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1or surrendered person or by the surviving adult child or
2surviving spouse of a deceased adopted or surrendered person
3and filed with the Registry requesting a non-certified copy of
4an adult adopted or surrendered person's original certificate
5of live birth in Illinois.
6    "Surrendered person" means a person whose parents' rights
7have been surrendered or terminated but who has not been
8adopted.
9    "Surviving spouse" means the wife or husband, 21 years of
10age or older, of a deceased adopted or surrendered person who
11would be 21 years of age or older if still alive and who has one
12or more surviving biological children who are under the age of
1321.
14    "18.3 Statement" means a statement regarding the
15disclosure of identifying information signed by a birth parent
16under Section 18.3 of this Act as it existed immediately prior
17to the effective date of this amendatory Act of the 96th
18General Assembly.
19(Source: P.A. 96-895, eff. 5-21-10.)
 
20    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
21    Sec. 18.1. Disclosure of identifying information.
22    (a) The Department of Public Health shall establish and
23maintain a Registry for the purpose of allowing mutually
24consenting members of birth and adoptive families to exchange
25identifying and medical information. Identifying information

 

 

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

 

 

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

 

 

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

 

 

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1or surrendered person, or one of his or her adoptive parents,
2legal guardians, adult children or his or her surviving spouse,
3and the birth parents have filed with the Registry an
4Information Exchange Authorization or a Birth Parent
5Preference Form on which Option A, B, or C was selected and the
6information at the Registry indicates that the consenting
7adopted or surrendered person, the child of the consenting
8adoptive parents or legal guardians, the parent of the
9consenting adult child of the adopted or surrendered person, or
10the deceased wife or husband of the consenting surviving spouse
11is the child of the consenting birth parents, except
12identifying information that appears on a non-certified copy of
13an original birth certificate may be provided to an adult
14adopted or surrendered person or to the surviving adult child
15or surviving spouse of a deceased adopted or surrendered person
16pursuant to the procedures outlined in Section 18.1b(e) of this
17Act.
18    The Department of Public Health shall supply to adopted or
19surrendered persons who are birth siblings identifying
20information only if both siblings have filed with the Registry
21an Information Exchange Authorization and the information at
22the Registry indicates that the consenting siblings have one or
23both birth parents in common. Identifying information shall be
24supplied to consenting birth siblings who were adopted or
25surrendered if any such sibling is 21 years of age or over.
26Identifying information shall be supplied to consenting birth

 

 

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1siblings who were not adopted or surrendered if any such
2sibling is 21 years of age or over and has proof of death of the
3common birth parent and such birth parent did not file a Denial
4of Information Exchange or a Birth Parent Preference Form on
5which Option E was selected with the Registry prior to his or
6her death.
7    (k) The Department of Public Health shall supply to the
8adopted or surrendered person or his or her adoptive parents,
9legal guardians, adult children or surviving spouse, and to a
10birth aunt identifying information only if both the adopted or
11surrendered person or one of his or her adoptive parents, legal
12guardians, adult children or his or her surviving spouse, and
13the birth aunt have filed with the Registry an Information
14Exchange Authorization and the information at the Registry
15indicates that the consenting adopted or surrendered person, or
16the child of the consenting adoptive parents or legal
17guardians, or the parent of the consenting adult child, or the
18deceased wife or husband of the consenting surviving spouse of
19the adopted or surrendered person is or was the child of the
20brother or sister of the consenting birth aunt.
21    (l) The Department of Public Health shall supply to the
22adopted or surrendered person or his or her adoptive parents,
23legal guardians, adult children or surviving spouse, and to a
24birth uncle identifying information only if both the adopted or
25surrendered person or one of his or her adoptive parents, legal
26guardians, adult children or his or her surviving spouse, and

 

 

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

 

 

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1Court Order, which order shall name the person or persons
2entitled to the information, or (2) to a registrant who is the
3subject of an Information Exchange Authorization or, if
4applicable, a Birth Parent Preference Form that was completed
5by another registrant and filed with the Illinois Adoption
6Registry and Medical Information Exchange, or (3) as authorized
7under subsection (h) of Section 18.3 of this Act, or (4)
8pursuant to the procedures outlined in Section 18.1b(e) of this
9Act. Any person who willfully provides unauthorized disclosure
10of any information filed with the Registry or who knowingly or
11intentionally files false information with the Registry shall
12be guilty of a Class A misdemeanor and shall be liable for
13damages.
14    (o) If information is disclosed pursuant to this Act, the
15Department shall redact it to remove any identifying
16information about any party who has not consented to the
17disclosure of such identifying information, or, in the case of
18identifying information on the original birth certificate,
19pursuant to Section 18.1b(e) of this Act.
20(Source: P.A. 96-895, eff. 5-21-10.)
 
21    (750 ILCS 50/18.1a)
22    Sec. 18.1a. Registry matches.
23    (a) The Registry shall release identifying information, as
24specified on the applicant's Information Exchange
25Authorization or, if applicable, a Birth Parent Preference

 

 

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1Form, to the following mutually consenting registered parties
2and provide them with any photographs or correspondence which
3have been placed in the Adoption/Surrender Records File and are
4specifically intended for the registered parties:
5        (i) an adult adopted or surrendered person and one of
6    his or her birth relatives who have both filed an
7    applicable Information Exchange Authorization or, if
8    applicable, a Birth Parent Preference Form specifying the
9    other consenting party with the Registry, if information
10    available to the Registry confirms that the consenting
11    adopted or surrendered person is biologically related to
12    the consenting birth relative;
13        (ii) the adoptive parent or legal guardian of an
14    adopted or surrendered person under the age of 21 and one
15    of the adopted or surrendered person's birth relatives who
16    have both filed an Information Exchange Authorization
17    specifying the other consenting party with the Registry,
18    or, if applicable, a Birth Parent Preference Form, with the
19    Registry, if information available to the Registry
20    confirms that the child of the consenting adoptive parent
21    or legal guardian is biologically related to the consenting
22    birth relative; and
23        (iii) the adoptive parent, adult child or surviving
24    spouse of a deceased adopted or surrendered person, and one
25    of the adopted or surrendered person's birth relatives who
26    have both filed an applicable Information Exchange

 

 

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

 

 

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1his or her Illinois Adoption Registry Application, if
2information available to the Registry confirms that the
3consenting parties are biologically related, that the
4consenting birth relative and the child of the consenting
5adoptive parents or legal guardians are birth relatives, or
6that the consenting birth relative and the deceased wife or
7husband of the consenting surviving spouse are birth relatives.
8(Source: P.A. 96-895, eff. 5-21-10.)
 
9    (750 ILCS 50/18.1b)
10    Sec. 18.1b. The Illinois Adoption Registry Application.
11The Illinois Adoption Registry Application shall substantially
12include the following:
13    (a) General Information. The Illinois Adoption Registry
14Application shall include the space to provide Information
15about the registrant including his or her surname, given name
16or names, social security number (optional), mailing address,
17home telephone number, gender, date and place of birth, and the
18date of registration. If applicable and known to the
19registrant, he or she may include the maiden surname of the
20birth mother, any subsequent surnames of the birth mother, the
21surname of the birth father, the given name or names of the
22birth parents, the dates and places of birth of the birth
23parents, the surname and given name or names of the adopted
24person prior to adoption, the gender and date and place of
25birth of the adopted or surrendered person, the name of the

 

 

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1adopted person following his or her adoption and the state and
2county where the judgment of adoption was finalized.
3    (b) Medical Information Exchange Questionnaire. In
4recognition of the importance of medical information and of
5recent discoveries regarding the genetic origin of many medical
6conditions and diseases all registrants shall be asked to
7voluntarily complete a Medical Information Exchange
8Questionnaire. The Medical Information Exchange Questionnaire
9shall include a comprehensive check-list of medical conditions
10and diseases including those of genetic origin.
11        (1) For birth relatives, the Medical Information
12    Exchange Questionnaire shall include a comprehensive
13    check-list of medical conditions and diseases including
14    those of genetic origin. Birth relatives shall be asked to
15    indicate all genetically-inherited diseases and conditions
16    on this list which are known to exist in the adopted or
17    surrendered person's birth family at the time of
18    registration. In addition, all birth relatives shall be
19    apprised of the Registry's provisions for voluntarily
20    submitting information about their and their family's
21    medical histories on a confidential, ongoing basis.
22        (2) Adopted and surrendered persons and their adoptive
23    parents, legal guardians, adult children, and surviving
24    spouses shall be asked to indicate all
25    genetically-inherited diseases and medical conditions with
26    which the adopted or surrendered person or, if applicable,

 

 

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1    his or her children have been diagnosed since birth.
2        (3) The Medical Information Exchange Questionnaire
3    shall include a space where the registrant may authorize
4    the release of the Medical Information Exchange
5    Questionnaire to specified registered parties and a
6    disclaimer informing registrants that the Department of
7    Public Health cannot guarantee the accuracy of medical
8    information exchanged through the Registry.
9    (c) Written statement. All registrants shall be given the
10opportunity to voluntarily file a written statement with the
11Registry. This statement shall be submitted in the space
12provided. No written statement submitted to the Registry shall
13include identifying information pertaining to any person other
14than the registrant who submitted it. Any such identifying
15information shall be redacted by the Department or returned for
16removal of identifying information.
17    (d) Exchange of information. All registrants except birth
18parents may indicate their wishes regarding contact and the
19exchange of identifying and/or medical information with any
20other registrant by completing an Information Exchange
21Authorization or a Denial of Information Exchange. Birth
22parents may indicate their wishes regarding contact by filing a
23Birth Parent Preference Form pursuant to the procedures
24outlined in this Section.
25        (1) Information Exchange Authorization. Adopted or
26    surrendered persons 21 years of age or over who are

 

 

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1    interested in exchanging identifying and/or medical
2    information or would welcome contact with one or more of
3    their birth relatives; birth parents who are interested in
4    exchanging identifying and/or medical information or would
5    welcome contact with an adopted or surrendered person 21
6    years of age or over, or one or more of his or her adoptive
7    parents, legal guardians, adult children, or a surviving
8    spouse; birth siblings 21 years of age or over who were
9    adopted or surrendered and who are interested in exchanging
10    identifying and/or medical information or would welcome
11    contact with an adopted or surrendered person, or one or
12    more of his or her adoptive parents, legal guardians, adult
13    children, or a surviving spouse; birth siblings 21 years of
14    age or over who were not surrendered and who have submitted
15    proof of death for any common birth parent who did not file
16    a Denial of Information Exchange or a Birth Parent
17    Preference Form on which Option E was selected prior to his
18    or her death, and who are interested in exchanging
19    identifying and/or medical information or would welcome
20    contact with an adopted or surrendered person, or one or
21    more of his or her adoptive parents, legal guardians, adult
22    children, or a surviving spouse; birth aunts and birth
23    uncles 21 years of age or over who have submitted birth
24    certificates for themselves and a deceased birth parent
25    naming at least one common biological parent as well as
26    proof of death for a deceased birth parent and who are

 

 

09600HB1445ham002- 22 -LRB096 05030 AJO 44197 a

1    interested in exchanging identifying and/or medical
2    information or would welcome contact with an adopted or
3    surrendered person 21 years of age or over, or one or more
4    of his or her adoptive parents, legal guardians, adult
5    children or a surviving spouse; adoptive parents or legal
6    guardians of adopted or surrendered persons under the age
7    of 21 who are interested in exchanging identifying and/or
8    medical information or would welcome contact with one or
9    more of the adopted or surrendered person's birth
10    relatives; adoptive parents and legal guardians of
11    deceased adopted or surrendered persons 21 years of age or
12    over who have submitted proof of death for a deceased
13    adopted or surrendered person who did not file a Denial of
14    Information Exchange prior to his or her death and who are
15    interested in exchanging identifying and/or medical
16    information or would welcome contact with one or more of
17    the adopted or surrendered person's birth relatives; adult
18    children of deceased adopted or surrendered persons who
19    have submitted a birth certificate naming the adopted or
20    surrendered person as their biological parent and proof of
21    death for an adopted or surrendered person who did not file
22    a Denial of Information Exchange prior to his or her death;
23    and surviving spouses of deceased adopted or surrendered
24    persons who have submitted a marriage certificate naming an
25    adopted or surrendered person as their deceased wife or
26    husband and proof of death for an adopted or surrendered

 

 

09600HB1445ham002- 23 -LRB096 05030 AJO 44197 a

1    person who did not file a Denial of Information Exchange
2    prior to his or her death and who are interested in
3    exchanging identifying and/or medical information or would
4    welcome contact with one or more of the adopted or
5    surrendered person's birth relatives may specify with whom
6    they wish to exchange identifying information by filing an
7    Information Exchange Authorization.
8        (2) Denial of Information Exchange. Adopted or
9    surrendered persons 21 years of age or over who do not wish
10    to exchange identifying information or establish contact
11    with one or more of their birth relatives may specify with
12    whom they do not wish to exchange identifying information
13    or do not wish to establish contact by filing a Denial of
14    Information Exchange. Birth relatives other than birth
15    parents who do not wish to establish contact with an
16    adopted or surrendered person or one or more of his or her
17    adoptive parents, legal guardians, or adult children may
18    specify with whom they do not wish to exchange identifying
19    information or do not wish to establish contact by filing a
20    Denial of Information Exchange. Birth parents who wish to
21    prohibit the release of their identifying information on
22    the original birth certificate released to an adult adopted
23    or surrendered person who was born after January 1, 1946,
24    or to the surviving adult child or surviving spouse of a
25    deceased adopted or surrendered person who was born after
26    January 1, 1946, may do so by filing a Denial with the

 

 

09600HB1445ham002- 24 -LRB096 05030 AJO 44197 a

1    Registry on or before December 31, 2010. As of January 1,
2    2011, birth parents who wish to prohibit the release of
3    identifying information on the non-certified copy of the
4    original birth certificate released to an adult adopted
5    surrendered person or to the surviving adult child or
6    surviving spouse of a deceased adopted or surrendered
7    person may do so by selecting Option E on a Birth Parent
8    Preference Form and filing the Form with the Registry.
9    Adoptive parents or legal guardians of adopted or
10    surrendered persons under the age of 21 who do not wish to
11    establish contact with one or more of the adopted or
12    surrendered person's birth relatives may specify with whom
13    they do not wish to exchange identifying information by
14    filing a Denial of Information Exchange. Adoptive parents,
15    adult children, and surviving spouses of deceased adoptees
16    who do not wish to exchange identifying information or
17    establish contact with one or more of the adopted or
18    surrendered person's birth relatives may specify with whom
19    they do not wish to exchange identifying information or do
20    not wish to establish contact by filing a Denial of
21    Information Exchange.
22        (3) Birth Parent Preference Form. Beginning January 1,
23    2011, birth parents who are eligible to register with the
24    Illinois Adoption Registry and Medical Information
25    Exchange and whose birth child was born on or after January
26    1, 1946 may who wish to communicate their wishes regarding

 

 

09600HB1445ham002- 25 -LRB096 05030 AJO 44197 a

1    contact or may prohibit and/or the release of their
2    identifying information on the non-certified copy of the
3    original birth certificate released under subsection (e)
4    of this Section by filing to an adult adopted or
5    surrendered person or the surviving adult child or
6    surviving spouse of a deceased adopted or surrendered
7    person who has requested a copy of the adopted or
8    surrendered person's original birth certificate by filing
9    a Request for a Non-Certified Copy of an Original Birth
10    Certificate pursuant to subsection (e) of this Section, may
11    file a Birth Parent Preference Form with the Registry.
12    Birth parents whose birth child was born before January 1,
13    1946, may communicate their wishes regarding contact by
14    completing a Birth Parent Preference Form, selecting
15    Option A, B, C, or D, and filing the form with the
16    Registry, but may not prohibit the release of identifying
17    information. All Birth Parent Preference Forms on file with
18    the Registry at the time of receipt of a Request for a
19    Non-Certified Copy of an Original Birth Certificate from an
20    adult adopted or surrendered person or the surviving adult
21    child or surviving spouse of a deceased adopted or
22    surrendered person shall be forwarded to the relevant
23    adopted or surrendered person or surviving adult child or
24    surviving spouse of a deceased adopted or surrendered
25    person along with a non-certified copy of the adopted or
26    surrendered person's original birth certificate as

 

 

09600HB1445ham002- 26 -LRB096 05030 AJO 44197 a

1    outlined in subsection (e) of this Section.
2    (e) Procedures for requesting a non-certified copy of an
3original birth certificate by an adult adopted or surrendered
4person or by a surviving adult child or surviving spouse of a
5deceased adopted or surrendered person:
6        (1) On or after the effective date of this amendatory
7    Act of the 96th General Assembly, any adult adopted or
8    surrendered person who was born in Illinois prior to
9    January 1, 1946, may complete and file with the Registry a
10    Request for a Non-Certified Copy of an Original Birth
11    Certificate. The Registry shall provide such adult adopted
12    or surrendered person with an unaltered, non-certified
13    copy of his or her original birth certificate upon receipt
14    of the Request for a Non-Certified Copy of an Original
15    Birth Certificate. Additionally, in cases where an adopted
16    or surrendered person born in Illinois prior to January 1,
17    1946, is deceased, and one of his or her surviving adult
18    children or his or her surviving spouse has registered with
19    the Registry, he or she may complete and file with the
20    Registry a Request for a Non-Certified Copy of an Original
21    Birth Certificate. The Registry shall provide such
22    surviving adult child or surviving spouse with an
23    unaltered, non-certified copy of the adopted or
24    surrendered person's original birth certificate upon
25    receipt of the Request for a Non-Certified Copy of an
26    Original Birth Certificate.

 

 

09600HB1445ham002- 27 -LRB096 05030 AJO 44197 a

1        (2) Beginning November 15, 2011, any adult adopted or
2    surrendered person who was born in Illinois on or after
3    January 1, 1946, may complete and file with the Registry a
4    Request for a Non-certified Copy of an Original Birth
5    Certificate. Additionally, in cases where the adopted or
6    surrendered person is deceased and one of his or her
7    surviving adult children or his or her surviving spouse has
8    registered with the Registry, he or she may complete and
9    file with the Registry a Request for a Non-Certified Copy
10    of an Original Birth Certificate. Upon receipt of such
11    request from an adult adopted or surrendered person or from
12    one of his or her surviving adult children or his or her
13    surviving spouse, the Registry shall:
14            (i) Determine if there is a Denial of Information
15        Exchange which was filed by a birth parent named on the
16        original birth certificate prior to January 1, 2011. If
17        a Denial was filed by a birth parent named on the
18        original birth certificate prior to January 1, 2011,
19        and there is no proof of death in the Registry file for
20        the birth parent who filed said Denial, the Registry
21        shall inform the requesting adult adopted or
22        surrendered person or the requesting surviving adult
23        child or surviving spouse of a deceased adopted or
24        surrendered person that they may receive a
25        non-certified copy of the original birth certificate
26        from which all identifying information pertaining to

 

 

09600HB1445ham002- 28 -LRB096 05030 AJO 44197 a

1        the birth parent who filed the Denial has been
2        redacted. A requesting adult adopted or surrendered
3        person shall also be informed in writing of his or her
4        right to petition the court for the appointment of a
5        confidential intermediary pursuant to Section 18.3a of
6        this Act and, if applicable, to conduct a search
7        through an agency post-adoption search program once 5
8        years have elapsed since the birth parent filed the
9        Denial of Information Exchange with the Registry.
10            (ii) Determine if a birth parent named on the
11        original birth certificate has filed a Birth Parent
12        Preference Form. If one of the birth parents named on
13        the original birth certificate filed a Birth Parent
14        Preference Form and selected Option A, B, C, or D, the
15        Registry shall forward to the adult adopted or
16        surrendered person or to the surviving adult child or
17        surviving spouse of a deceased adopted or surrendered
18        person a copy of the Birth Parent Preference Form along
19        with an unaltered non-certified copy of his or her
20        original birth certificate. If one of the birth parents
21        named on the original birth certificate filed a Birth
22        Parent Preference Form and selected Option E, and there
23        is no proof of death in the Registry file for the birth
24        parent who filed said Birth Parent Preference Form, the
25        Registry shall inform the requesting adult adopted or
26        surrendered person or the requesting surviving adult

 

 

09600HB1445ham002- 29 -LRB096 05030 AJO 44197 a

1        child or surviving spouse of a deceased adopted or
2        surrendered person that he or she may receive a
3        non-certified copy of the original birth certificate
4        from which identifying information pertaining to the
5        birth parent who completed the Birth Parent Preference
6        Form has been redacted per the birth parent's
7        specifications on the Form. The Registry shall forward
8        to the adult adopted or surrendered person or to the
9        surviving adult child or surviving spouse of a deceased
10        adopted or surrendered person a copy of the Birth
11        Parent Preference Form filed by the birth parent from
12        which identifying information has been redacted per
13        the birth parent's specifications on the Form. The
14        requesting adult adopted or surrendered person shall
15        also be informed in writing of his or her right to
16        petition the court for the appointment of a
17        confidential intermediary pursuant to Section 18.3a of
18        this Act, and, if applicable, to conduct a search
19        through an agency post-adoption search program once 5
20        years have elapsed since the birth parent filed the
21        Birth Parent Preference Form, on which Option E was
22        selected, with the Registry.
23            (iii) Determine if a birth parent named on the
24        original birth certificate has filed an Information
25        Exchange Authorization.
26            (iv) If the Registry has confirmed that a

 

 

09600HB1445ham002- 30 -LRB096 05030 AJO 44197 a

1        requesting adult adopted or surrendered person or the
2        parent of a requesting adult child of a deceased
3        adopted or surrendered person or the husband or wife of
4        a requesting surviving spouse was not the object of a
5        Denial of Information Exchange filed by a birth parent
6        on or before December 31, 2010, and that no birth
7        parent named on the original birth certificate has
8        filed a Birth Parent Preference Form where Option E was
9        selected prior to the receipt of a Request for a
10        Non-Certified Copy of an Original Birth Certificate,
11        the Registry shall provide the adult adopted or
12        surrendered person or his or her surviving adult child
13        or surviving spouse with an unaltered non-certified
14        copy of the adopted or surrendered person's original
15        birth certificate.
16        (3) In cases where the Registry receives a Birth Parent
17    Preference Form from a birth parent subsequent to the
18    release of the non-certified copy of the original birth
19    certificate to an adult adopted or surrendered person or to
20    the surviving adult child or surviving spouse of a deceased
21    adopted or surrendered person, the Birth Parent Preference
22    Form shall be immediately forwarded to the adult adopted or
23    surrendered person or to the surviving adult child or
24    surviving spouse of the deceased adopted or surrendered
25    person and the birth parent who filed the form shall be
26    informed that the relevant original birth certificate has

 

 

09600HB1445ham002- 31 -LRB096 05030 AJO 44197 a

1    already been released.
2        (4) A copy of the original birth certificate shall only
3    be released to adopted or surrendered persons who were born
4    in Illinois; to surviving adult children or surviving
5    spouses of deceased adopted or surrendered persons who were
6    born in Illinois; or to 2 registered parties who have both
7    consented to the release of a non-certified copy of the
8    original birth certificate to one another through the
9    Registry when the birth of the relevant adopted or
10    surrendered person took place in Illinois.
11        (5) In cases where the Registry receives a Request for
12    a Non-Certified Copy of an Original Birth Certificate from
13    an adult adopted or surrendered person who has not
14    completed a Registry application and the file of that
15    adopted or surrendered person includes an Information
16    Exchange Authorization, Birth Parent Preference Form, or
17    Medical Information Exchange Questionnaire from one or
18    more of his or her birth relatives, the Registry shall so
19    inform the adult adopted or surrendered person and forward
20    Registry application forms to him or her along with a
21    non-certified copy of the original birth certificate
22    consistent with the procedures outlined in this subsection
23    (e).
24        (6) In cases where a birth parent registered with the
25    Registry and filed a Medical Information Exchange
26    Questionnaire prior to the effective date of this

 

 

09600HB1445ham002- 32 -LRB096 05030 AJO 44197 a

1    amendatory Act of the 96th General Assembly but gave no
2    indication as to his or her wishes regarding contact or the
3    sharing of identifying information, the Registry shall
4    contact the birth parent by written letter prior to January
5    1, 2011, and provide him or her with the opportunity to
6    indicate his or her preference regarding contact and the
7    sharing of identifying information by submitting a Birth
8    Parent Preference Form to the Registry prior to November 1,
9    2011.
10        (7) In cases where the Registry cannot locate a copy of
11    the original birth certificate in the Registry file, they
12    shall be authorized to request a copy of the original birth
13    certificate from the Illinois county where the birth took
14    place for placement in the Registry file.
15        (8) Adopted and surrendered persons who wish to have
16    their names placed with the Illinois Adoption Registry and
17    Medical Information Exchange may do so by completing a
18    Registry application at any time, but completing a Registry
19    application shall not be required for adopted and
20    surrendered persons who seek only to obtain a copy of their
21    original birth certificate or any relevant Birth Parent
22    Preference Forms through the Registry.
23        (9) In cases where a birth parent filed a Denial of
24    Information Exchange with the Registry prior to January 1,
25    2011, or filed a Birth Parent Preference Form with the
26    Registry and selected Option E after January 1, 2011, and a

 

 

09600HB1445ham002- 33 -LRB096 05030 AJO 44197 a

1    proof of death for the birth parent who filed the Denial or
2    the Birth Parent Preference Form has been filed with the
3    Registry by either a confidential intermediary, or a
4    surviving relative of the deceased birth parent, or a birth
5    child of the deceased birth parent, the Registry shall be
6    authorized to release an unaltered non-certified copy of
7    the original birth certificate to an adult adopted or
8    surrendered person or to the surviving adult child or
9    surviving spouse of a deceased adopted or surrendered
10    person who has filed a Request for a Non-Certified Copy of
11    the Original Birth Certificate with the Registry.
12        (10) On and after the effective date of this amendatory
13    Act of the 96th General Assembly, in cases where all birth
14    parents named on the original birth certificate of an
15    adopted or surrendered person born after January 1, 1946,
16    are deceased and copies of death certificates for all birth
17    parents named on the original birth certificate have been
18    filed with the Registry by either a confidential
19    intermediary, or a surviving relative of the deceased birth
20    parent, or a birth child of the deceased birth parent, the
21    Registry shall be authorized to release a non-certified
22    copy of the original birth certificate to the adopted or
23    surrendered person upon receipt of his or her Request for a
24    Non-Certified Copy of an Original Birth Certificate.
25    (f) A registrant may complete all or any part of the
26Illinois Adoption Registry Application. All Illinois Adoption

 

 

09600HB1445ham002- 34 -LRB096 05030 AJO 44197 a

1Registry Applications, Information Exchange Authorizations,
2Denials of Information Exchange, requests to revoke an
3Information Exchange Authorization or Denial of Information
4Exchange, Birth Parent Preference Forms, and affidavits
5submitted to the Registry shall be accompanied by proof of
6identification.
7(Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
 
8    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
9    Sec. 18.2. Forms.
10    (a) The Department shall develop the Illinois Adoption
11Registry forms as provided in this Section. The General
12Assembly shall reexamine the content of the form as requested
13by the Department, in consultation with the Registry Advisory
14Council. The form of the Birth Parent Registration
15Identification Form shall be substantially as follows:
16
BIRTH PARENT REGISTRATION IDENTIFICATION
17
(Insert all known information)
18I, ....., state that I am the ...... (mother or father) of the
19following child:
20    Child's original name: ..... (first) ..... (middle) .....
21        (last), ..... (hour of birth), ..... (date of birth),
22        ..... (city and state of birth), ..... (name of
23        hospital).
24    Father's full name: ...... (first) ...... (middle) .....
25        (last), ..... (date of birth), ..... (city and state of

 

 

09600HB1445ham002- 35 -LRB096 05030 AJO 44197 a

1        birth).
2    Name of mother inserted on birth certificate: ..... (first)
3        ..... (middle) ..... (last), ..... (race), ..... (date
4        of birth), ...... (city and state of birth).
5That I surrendered my child to: ............. (name of agency),
6    ..... (city and state of agency), ..... (approximate date
7    child surrendered).
8That I placed my child by private adoption: ..... (date),
9    ...... (city and state).
10Name of adoptive parents, if known: ......
11Other identifying information: .....
12
........................
13
(Signature of parent)
14............                        ........................
15(date)                               (printed name of parent)
 
16    (b) The form of the Adopted Person Registration
17Identification shall be substantially as follows:
18
ADOPTED PERSON
19
REGISTRATION IDENTIFICATION
20
(Insert all known information)
21I, ....., state the following:
22    Adopted Person's present name: ..... (first) .....
23        (middle) ..... (last).
24    Adopted Person's name at birth (if known): ..... (first)
25        ..... (middle) ..... (last), ..... (birth date), .....

 

 

09600HB1445ham002- 36 -LRB096 05030 AJO 44197 a

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

 

 

09600HB1445ham002- 37 -LRB096 05030 AJO 44197 a

1
SURRENDERED PERSON REGISTRATION
2
IDENTIFICATION
3
(Insert all known information)
4I, ....., state the following:
5    Surrendered Person's present name: ..... (first) .....
6        (middle) ..... (last).
7    Surrendered Person's name at birth (if known): .....
8        (first) ..... (middle) ..... (last), .....(birth
9        date), ..... (city and state of birth), ...... (sex),
10        ..... (race).
11    Name of guardian father: ..... (first) ..... (middle) .....
12        (last), ..... (race).
13    Maiden name of guardian mother: ..... (first) .....
14        (middle) ..... (last), ..... (race).
15    Name of birth mother (if known): ..... (first) .....
16        (middle) ..... (last) ..... (race).
17    Name of birth father (if known): ..... (first) .....
18        (middle) ..... (last), .....(race).
19    Name(s) at birth of sibling(s) having a common birth parent
20        with surrendered person (if known): ..... (first)
21        ..... (middle) ..... (last), ..... (race), and name of
22        common birth parent: ..... (first) ..... (middle)
23        ..... (last), ..... (race).
24I was surrendered for adoption to: ..... (name of agency).
25I was surrendered for adoption in ..... (city and state), .....
26    (approximate date).

 

 

09600HB1445ham002- 38 -LRB096 05030 AJO 44197 a

1Other identifying information: ............
2
................................
3
(signature of surrendered person)
4............                          ......................
5(date)                (printed name of person
6                                                             surrendered for adoption)
 
7    (c-3) The form of the Registration Identification Form for
8Surviving Relatives of Deceased Birth Parents shall be
9substantially as follows:
10
REGISTRATION IDENTIFICATION FORM
11
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
12
(Insert all known information)
13I, ....., state the following:
14    Name of deceased birth parent at time of surrender:
15    Deceased birth parent's date of birth:
16    Deceased birth parent's date of death:
17    Adopted or surrendered person's name at birth (if known):
18        .....(first) ..... (middle) ..... (last), .....(birth
19        date), ..... (city and state of birth), ...... (sex),
20        ..... (race).
21My relationship to the adopted or surrendered person (check
22one): (birth parent's non-surrendered child) (birth parent's
23sister) (birth parent's brother).
 
24If you are a non-surrendered child of the birth parent, provide

 

 

09600HB1445ham002- 39 -LRB096 05030 AJO 44197 a

1name(s) at birth and age(s) of non-surrendered siblings having
2a common parent with the birth parent. If more than one
3sibling, please give information requested below on reverse
4side of this form. If you are a sibling or parent of the birth
5parent, provide name(s) at birth and age(s) of the sibling(s)
6of the birth parent. If more than one sibling, please give
7information requested below on reverse side of this form.
8    Name (First) ..... (middle) ..... (last), .....(birth
9        date), ..... (city and state of birth), ...... (sex),
10        ..... (race).
11    Name(s) of common parent(s) (first) ..... (middle) .....
12        (last), .....(race), (first) ..... (middle) .....
13        (last), .....(race).
14My birth sibling/child of my brother/child of my sister/ was
15surrendered for adoption to ..... (name of agency) City and
16state of agency ..... Date .....(approximate) Other
17identifying information ..... (Please note that you must: (i)
18be at least 21 years of age to register; (ii) submit with your
19registration a certified copy of the birth parent's birth
20certificate; (iii) submit a certified copy of the birth
21parent's death certificate; and (iv) if you are a
22non-surrendered birth sibling or a sibling of the deceased
23birth parent, also submit a certified copy of your birth
24certificate with this registration. No application from a
25surviving relative of a deceased birth parent can be accepted
26if the birth parent filed a Denial of Information Exchange

 

 

09600HB1445ham002- 40 -LRB096 05030 AJO 44197 a

1prior to his or her death.)
2
................................
3
(signature of birth parent's surviving relative)

 
4............                                     ............
5(date)                                (printed name of birth 
6                parent's surviving relative)
 
7    (c-5) The form of the Registration Identification Form for
8Surviving Relatives of Deceased Adopted or Surrendered Persons
9shall be substantially as follows:
10
REGISTRATION IDENTIFICATION FORM FOR
11
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
12
(Insert all known information)
13I, ....., state the following:
14    Adopted or surrendered person's name at birth (if known):
15        (first) ..... (middle) ..... (last), .....(birth
16        date), ..... (city and state of birth), ...... (sex),
17        ..... (race).
18    Adopted or surrendered person's date of death:
19My relationship to the deceased adopted or surrendered
20person(check one): (adoptive mother) (adoptive father) (adult
21child) (surviving spouse).
22If you are an adult child or surviving spouse of the adopted or
23surrendered person, provide name(s) at birth and age(s) of the
24children of the adopted or surrendered person. If the adopted

 

 

09600HB1445ham002- 41 -LRB096 05030 AJO 44197 a

1or surrendered person had more than one child, please give
2information requested below on reverse side of this form.
3    Name (first) ..... (middle) ..... (last), .....(birth
4        date), ..... (city and state of birth), ...... (sex),
5        ..... (race).
6    Name(s) of common parent(s) (first) ..... (middle) .....
7        (last), .....(race), (first) ..... (middle) .....
8        (last), .....(race).
9    My child/parent/deceased spouse was surrendered for
10    adoption to .....(name of agency) City and state of agency
11    ..... Date ..... (approximate) Other identifying
12    information ..... (Please note that you must: (i) be at
13    least 21 years of age to register; (ii) submit with your
14    registration a certified copy of the adopted or surrendered
15    person's death certificate; (iii) if you are the child of a
16    deceased adopted or surrendered person, also submit a
17    certified copy of your birth certificate with this
18    registration; and (iv) if you are the surviving wife or
19    husband of a deceased adopted or surrendered person, also
20    submit a copy of your marriage certificate with this
21    registration. No application from a surviving relative of a
22    deceased adopted or surrendered person can be accepted if
23    the adopted or surrendered person filed a Denial of
24    Information Exchange prior to his or her death.)
25
................................
26
(signature of adopted or surrendered person's surviving

 

 

09600HB1445ham002- 42 -LRB096 05030 AJO 44197 a

1        relative)
 
2............                                     ............
3(date)               (printed name of adopted
4                                                             person's surviving relative)
 
5    (d) The form of the Information Exchange Authorization
6shall be substantially as follows:
7
INFORMATION EXCHANGE AUTHORIZATION
8    I, ....., state that I am the person who completed the
9Registration Identification; that I am of the age of .....
10years; that I hereby authorize the Department of Public Health
11to give to the following person(s) (birth mother ) (birth
12father) (birth sibling) (adopted or surrendered person )
13(adoptive mother) (adoptive father) (legal guardian of an
14adopted or surrendered person) (birth aunt) (birth uncle)
15(adult child of a deceased adopted or surrendered person)
16(surviving spouse of a deceased adopted or surrendered person)
17(all eligible relatives) the following (please check the
18information authorized for exchange):
19        [  ]  1. Only my name and last known address.
20        [  ]  2. A copy of my Illinois Adoption Registry
21    Application.
22        [  ]  3. A non-certified copy of the adopted or
23    surrendered person's original certificate of live birth

 

 

09600HB1445ham002- 43 -LRB096 05030 AJO 44197 a

1    (check only if you are an adopted or surrendered person or
2    the surviving adult child or surviving spouse of a deceased
3    adopted or surrendered person).
4        [  ]  4. A copy of my completed medical questionnaire.
5    I am fully aware that I can only be supplied with
6information about an individual or individuals who have duly
7executed an Information Exchange Authorization that has not
8been revoked or, if I am an adopted or surrendered person, from
9a birth parent who completed a Birth Parent Preference Form and
10did not prohibit the release of his or her identity to me; that
11I can be contacted by writing to: ..... (own name or name of
12person to contact) (address) (phone number).
13NOTE: New IARMIE registrants who do not complete a Medical
14Information Exchange Questionnaire and release a copy of their
15questionnaire to at least one Registry applicant must pay a $15
16registration fee.
17    Dated (insert date).
18                                                             ..............
19                                               (signature)
 
20    (e) The form of the Denial of Information Exchange shall be
21substantially as follows:
22
DENIAL OF INFORMATION EXCHANGE
23    I, ....., state that I am the person who completed the
24Registration Identification; that I am of the age of .....
25years; that I hereby instruct the Department of Public Health

 

 

09600HB1445ham002- 44 -LRB096 05030 AJO 44197 a

1not to give any identifying information about me to the
2following person(s) (birth mother) (birth father) (birth
3sibling)(adopted or surrendered person)(adoptive mother)
4(adoptive father)(legal guardian of an adopted or surrendered
5person)(birth aunt)(birth uncle)(adult child of a deceased
6adopted or surrendered person) (surviving spouse of a deceased
7adopted or surrendered person) (all eligible relatives).
8IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER
9JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH
10PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH
11CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH
12PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING
13INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT
14ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT
15PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A
16BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH
17OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING
18INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN
19ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT
20CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED
21PERSON.
22    I do/do not (circle appropriate response) authorize the
23Registry to release a copy of my completed Medical Information
24Exchange Questionnaire to qualified Registry applicants. NOTE:
25New IARMIE registrants who do not complete a Medical
26Information Exchange Questionnaire and release a copy of their

 

 

09600HB1445ham002- 45 -LRB096 05030 AJO 44197 a

1questionnaire to at least one Registry applicant must pay a $15
2registration fee. Birth parents filing a Denial of Information
3Exchange are advised that, under Illinois law, an adult adopted
4person may initiate a search for a birth parent who has filed a
5Denial of Information Exchange or Birth Parent Preference Form
6on which Option E was selected through the State confidential
7intermediary program once 5 years have elapsed since the filing
8of the Denial of Information Exchange or Birth Parent
9Preference Form.
10    Dated (insert date).
11                                                             ...............        
12                                      (signature)
 
13    (f) The form of the Birth Parent Preference Form shall be
14substantially as follows:
15    In recognition of the basic right of all persons to access
16their birth records, Illinois law now provides for the release
17of original birth certificates to adopted and surrendered
18persons 21 years of age or older upon request. While many birth
19parents are comfortable sharing their identities or initiating
20contact with their birth sons and daughters once they have
21reached adulthood, Illinois law also recognizes that there may
22be unique situations where a birth parent might have a
23compelling reason for not wishing to establish contact with a
24birth son or birth daughter or for not wishing to release
25identifying information that appears on the original birth

 

 

09600HB1445ham002- 46 -LRB096 05030 AJO 44197 a

1certificate of a birth son or birth daughter who has reached
2adulthood. The Illinois Adoption Registry and Medical
3Information Exchange (IARMIE) has therefore established the
4attached this form to allow birth parents whose birth son or
5daughter was born on or after January 1, 1946, to express their
6preferences wishes regarding contact; and, if their birth child
7was born on or after January 1, 1946, to express their wishes
8regarding the sharing of identifying information listed on the
9original birth certificate with an adult adopted or surrendered
10person who has reached the age of 21 or his or her surviving
11relatives.
12    In selecting one of the 5 options below, birth parents
13should keep in mind that the decision to deny an adult adopted
14or surrendered person access to identifying information on his
15or her original birth record and/or information about
16genetically-transmitted diseases is an important decision one
17that may can impact the adopted or surrendered person's life in
18many ways. A request for anonymity on this form only pertains
19to information that is provided to an adult adopted or
20surrendered person or his or her surviving relatives through
21the Registry. This will and does not prevent the disclosure of
22identifying information that may be available to the adoptee
23through his or her adoptive parents and/or other means
24available to him or her. Birth parents who would prefer not to
25be contacted by their surrendered son or daughter are strongly
26urged to complete both the Non-Identifying Information Section

 

 

09600HB1445ham002- 47 -LRB096 05030 AJO 44197 a

1included on the final page of the attached form this document
2and the Medical Questionnaire in order to provide their
3surrendered son or daughter with the background information he
4or she their surrendered son or daughter may need to better
5understand himself or herself and his or her origins. Birth
6parents whose birth son or birth daughter is under 21 years of
7age at the time of the completion of this form are reminded
8that no original birth certificate will be released by the
9IARMIE before an adoptee his reached the age of 21.
10Furthermore, birth parents whose surrendered son or daughter is
11under 21 years of age at the time of completion of this form
12are reminded that, since no original birth certificates are
13released by the IARMIE before an adoptee has reached the age of
1421, and birth parents are encouraged to take as much time as
15they need to weigh the options available to them before
16completing this form. Should you need additional assistance in
17completing this form, please contact the agency that handled
18the adoption, if applicable, or the Illinois Adoption Registry
19and Medical Information Exchange at 877-323-5299 217-557-5159.
20    After careful consideration, I, (insert your name) ......,
21have made the following decision regarding contact with my
22birth son/birth daughter, (insert birth son's/birth daughter's
23name at birth, if applicable) ......, who was born in (insert
24city/town of birth) ...... on (insert date of birth)...... and
25the release of my identifying information as it appears on
26his/her original birth certificate when he/she reaches the age

 

 

09600HB1445ham002- 48 -LRB096 05030 AJO 44197 a

1of 21, and I have chosen Option ...... (insert A, B, C, D, or E,
2as applicable). I realize that this form must be accompanied by
3a completed IARMIE application form as well as a Medical
4Information Exchange Questionnaire or the $15 registration
5fee. I am also aware that I may revoke this decision at any
6time by completing a new Birth Parent Preference Form and
7filing it with the IARMIE. I understand that it is my
8responsibility to update the IARMIE with any changes to contact
9information provided below. I also understand that, while
10preferences regarding the release of identifying information
11through the Registry are binding unless the law should change
12in the future, any selection I have made regarding my preferred
13method of contact is not.
14....................................
15(Signature/Date)
 
16(Please insert your signature and today's date above, as well
17as under your chosen option, A, B, C, D, or E below.)
 
18Option A. My birth son or birth daughter was born on or after
19January 1, 1946, and I agree to the release of my identifying
20information as it appears on my birth son's/birth daughter's
21original birth certificate, OR my birth son or birth daughter
22was born prior to January 1, 1946. I would welcome direct
23contact with my birth son/birth daughter when he or she has
24reached the age of 21. In addition, before my birth son or

 

 

09600HB1445ham002- 49 -LRB096 05030 AJO 44197 a

1birth daughter has reached the age of 21 or in the event of his
2or her death, I would welcome contact with the following
3relatives of my birth child (circle all that apply): adoptive
4mother, adoptive father, surviving spouse, surviving adult
5child. and I wish to be contacted at the following mailing
6address, email address or phone number:
7.....................
8.............................................................
9.............................................................
10.............................................................
11(Signature/Date)
 
12Option B. My birth son or birth daughter was born on or after
13January 1, 1946, and I agree to the release of my identifying
14information as it appears on my birth son's/birth daughter's
15original birth certificate, OR my birth son or birth daughter
16was born prior to January 1, 1946. I would welcome contact with
17my birth son/birth daughter when he or she has reached the age
18of 21. In addition, before my birth son or birth daughter has
19reached the age of 21 or in the event of his or her death, I
20would welcome contact with the following relatives of my birth
21child (circle all that apply): adoptive mother, adoptive
22father, surviving spouse, surviving adult child. , but I would
23prefer to be contacted through the following person. (Insert
24name and mailing address, email address or phone number of
25chosen contact person.)

 

 

09600HB1445ham002- 50 -LRB096 05030 AJO 44197 a

1.....................................
2.............................................................
3(Signature/Date)
 
4Option C. My birth son or birth daughter was born on or after
5January 1, 1946, and I agree to the release of my identifying
6information name as it appears on my birth son's/birth
7daughter's original birth certificate, OR my birth son or birth
8daughter was born prior to January 1, 1946. I would welcome
9contact with my birth son/birth daughter when he or she has
10reached the age of 21. In addition, before my birth son or
11birth daughter has reached the age of 21 or in the event of his
12or her death, I would welcome contact with the following
13relatives of my birth child (circle all that apply): adoptive
14mother, adoptive father, surviving spouse, surviving adult
15child. , but I would prefer to be contacted through the
16Illinois Confidential Intermediary Program confidential
17intermediary program (please call 800-526-9022 for additional
18information) or through the agency that handled the adoption.
19(Insert agency name, address and phone number, if applicable.)
20.
21.............................................................
22(Signature/Date)
 
23Option D. My birth son or birth daughter was born on or after
24January 1, 1946, and I agree to the release of my identifying

 

 

09600HB1445ham002- 51 -LRB096 05030 AJO 44197 a

1information name as it appears on my birth son's/birth
2daughter's original birth certificate when he or she has
3reached the age of 21, OR my birth son or birth daughter was
4born prior to January 1, 1946. but I would prefer not to be
5contacted by my birth son/birth daughter or his or her adoptive
6parents or surviving relatives when he or she has reached the
7age of 21.
8...................
9(Signature/Date)
 
10Option E. My birth son or birth daughter was born on or after
11January 1, 1946, and I wish to prohibit the release of my
12(circle ALL applicable options) first name, last name, last
13known address, birth son/birth daughter's last name (if last
14name listed is same as mine), as they appear on my birth
15son's/birth daughter's original birth certificate and do not
16wish to be contacted by my birth son/birth daughter when he or
17she has reached the age of 21. If there were any special
18circumstances that played a role in your decision to remain
19anonymous which you would like to share with your birth
20son/birth daughter, please list them in the space provided
21below (optional).
22...........................................
23.............................................................
24I understand that, although I have chosen to prohibit the
25release of my identity on the non-certified copy of the

 

 

09600HB1445ham002- 52 -LRB096 05030 AJO 44197 a

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

 

 

09600HB1445ham002- 53 -LRB096 05030 AJO 44197 a

1birth certificate forwarded to the surviving child of the
2adopted or surrendered person shall be redacted per your
3specifications on this form during your lifetime.
4Non-Identifying Information Section
5I wish to voluntarily provide the following non-identifying
6information to my birth son or birth daughter surrendered son
7or daughter:
8My age at the time of my child's birth was .........
9My race is best described as: ..........................
10My height is: .........
11My body type is best described as (circle one): slim, average,
12muscular, a few extra pounds, or more than a few extra pounds.
13My natural hair color is/was: ..................
14My eye color is: ..................
15My religion is best described as: ..................
16My ethnic background is best described as: ..................
17My educational level is closest to (circle applicable
18response): completed elementary school, graduated from
19high school, attended college, earned bachelor's degree,
20earned master's degree, earned doctoral degree.
21My occupation is best described as ..................
22My hobbies include ..................
23My interests include ..................
24My talents include ..................
25In addition to my surrendered son or daughter, I also
26am the biological parent of (insert number) ....... boys and

 

 

09600HB1445ham002- 54 -LRB096 05030 AJO 44197 a

1(insert number) ....... girls, of whom (insert number) .......
2are still living.
3The relationship between me and my child's birth mother/birth
4father would best be described as (circle appropriate
5response): husband and wife, ex-spouses, boyfriend and
6girlfriend, casual acquaintances, other (please specify)
7..............
8    (g) The form of the Request for a Non-Certified Copy of an
9Original Birth Certificate shall be substantially as follows:
10
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
11
CERTIFICATE
12    I, (requesting party's full name) ....., hereby request a
13non-certified copy of (check appropriate option) ..... my
14original birth certificate ..... the original birth
15certificate of my deceased adopted or surrendered parent .....
16the original birth certificate of my deceased adopted or
17surrendered spouse (insert deceased parent's/deceased spouse's
18name at adoption) ...... I/my deceased parent/my deceased
19spouse was born in (insert city and county of adopted or
20surrendered person's birth) ..... on ..... (insert adopted or
21surrendered person's date of birth). In the event that one or
22both of my/my deceased parent's/my deceased spouse's birth
23parents has requested that their identity not be released to
24me/to my deceased parent/to my deceased spouse, I wish to
25(check appropriate option) ..... a. receive a non-certified
26copy of the original birth certificate from which identifying

 

 

09600HB1445ham002- 55 -LRB096 05030 AJO 44197 a

1information pertaining to the birth parent who requested
2anonymity has been deleted; or ..... b. I do not wish to
3received an altered copy of the original birth certificate.
4    Dated (insert date).
5        ...................
6
(signature)
     

 
7    (h) Any Information Exchange Authorization, Denial of
8Information Exchange, or Birth Parent Preference Form filed
9with the Registry, or Request for a Non-Certified Copy of an
10Original Birth Certificate filed with the Registry by a
11surviving adult child or surviving spouse of a deceased adopted
12or surrendered person, shall be acknowledged by the person who
13filed it before a notary public, in form substantially as
14follows:
15State of ..............
16County of .............
17    I, a Notary Public, in and for the said County, in the
18State aforesaid, do hereby certify that ...............
19personally known to me to be the same person whose name is
20subscribed to the foregoing certificate of acknowledgement,
21appeared before me in person and acknowledged that (he or she)
22signed such certificate as (his or her) free and voluntary act
23and that the statements in such certificate are true.
24    Given under my hand and notarial seal on (insert date).
25
.........................

 

 

09600HB1445ham002- 56 -LRB096 05030 AJO 44197 a

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

 

 

09600HB1445ham002- 57 -LRB096 05030 AJO 44197 a

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

 

 

09600HB1445ham002- 58 -LRB096 05030 AJO 44197 a

1    Sec. 18.3a. Confidential intermediary.
2    (a) General purposes. Notwithstanding any other provision
3of this Act, any adopted or surrendered person 21 years of age
4or over, any adoptive parent or legal guardian of an adopted or
5surrendered person under the age of 21, or any birth parent of
6an adopted or surrendered person who is 21 years of age or over
7may petition the court in any county in the State of Illinois
8for appointment of a confidential intermediary as provided in
9this Section for the purpose of exchanging medical information
10with one or more mutually consenting biological relatives,
11obtaining identifying information about one or more mutually
12consenting biological relatives, or arranging contact with one
13or more mutually consenting biological relatives.
14Additionally, in cases where an adopted or surrendered person
15is deceased, an adult child of the adopted or surrendered
16person or his or her adoptive parents or surviving spouse may
17file a petition under this Section and in cases where the birth
18parent is deceased, an adult birth sibling of the adopted or
19surrendered person or of the deceased birth parent may file a
20petition under this Section for the purpose of exchanging
21medical information with one or more mutually consenting
22biological relatives of the adopted or surrendered person,
23obtaining identifying information about one or more mutually
24consenting biological relatives of the adopted or surrendered
25person, or arranging contact with one or more mutually
26consenting biological relatives of the adopted or surrendered

 

 

09600HB1445ham002- 59 -LRB096 05030 AJO 44197 a

1person. Beginning January 1, 2006, any adopted or surrendered
2person 21 years of age or over; any adoptive parent or legal
3guardian of an adopted or surrendered person under the age of
421; any birth parent, birth sibling, birth aunt, or birth uncle
5of an adopted or surrendered person over the age of 21; any
6surviving child, adoptive parent, or surviving spouse of a
7deceased adopted or surrendered person who wishes to petition
8the court for the appointment of a confidential intermediary
9shall be required to accompany their petition with proof of
10registration with the Illinois Adoption Registry and Medical
11Information Exchange.
12    (b) Petition. Upon petition by an adopted or surrendered
13person 21 years of age or over (an "adult adopted or
14surrendered person"), an adoptive parent or legal guardian of
15an adopted or surrendered person under the age of 21, or a
16birth parent of an adopted or surrendered person who is 21
17years of age or over, the court shall appoint a confidential
18intermediary. Upon petition by an adult child, adoptive parent
19or surviving spouse of an adopted or surrendered person who is
20deceased, by an adult birth sibling of an adopted or
21surrendered person whose common birth parent is deceased and
22whose adopted or surrendered birth sibling is 21 years of age
23or over, or by an adult sibling of a birth parent who is
24deceased, and whose surrendered child is 21 years of age or
25over, the court may appoint a confidential intermediary if the
26court finds that the disclosure is of greater benefit than

 

 

09600HB1445ham002- 60 -LRB096 05030 AJO 44197 a

1nondisclosure. The petition shall state which biological
2relative or relatives are being sought and shall indicate if
3the petitioner wants to do any one or more of the following:
4exchange medical information with the biological relative or
5relatives, obtain identifying information from the biological
6relative or relatives, or to arrange contact with the
7biological relative.
8    (c) Order. The order appointing the confidential
9intermediary shall allow that intermediary to conduct a search
10for the sought-after relative by accessing those records
11described in subsection (g) of this Section.
12    (d) Fees and expenses. The court shall condition the
13appointment of the confidential intermediary on the
14petitioner's payment of the intermediary's fees and expenses in
15advance of the commencement of the work of the confidential
16intermediary. However, no fee shall be charged if the
17petitioner is an adult adopted or surrendered person and the
18sought-after relative is a birth parent who filed a Denial with
19the Registry prior to January 1, 2011, or filed a Birth Parent
20Preference Form on which Option E was selected after January 1,
212011 and more than 5 years have transpired since the birth
22parent filed the Denial of Information Exchange or Birth Parent
23Preference Form on which Option E was selected.
24    (e) Eligibility of intermediary. The court may appoint as
25confidential intermediary any person certified by the
26Department of Children and Family Services as qualified to

 

 

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1serve as a confidential intermediary. Certification shall be
2dependent upon the confidential intermediary completing a
3course of training including, but not limited to, applicable
4federal and State privacy laws.
5    (f) Confidential Intermediary Council. There shall be
6established under the Department of Children and Family
7Services a Confidential Intermediary Advisory Council. One
8member shall be an attorney representing the Attorney General's
9Office appointed by the Attorney General. One member shall be a
10currently certified confidential intermediary appointed by the
11Director of the Department of Children and Family Services. The
12Director shall also appoint 5 additional members. When making
13those appointments, the Director shall consider advocates for
14adopted persons, adoptive parents, birth parents, lawyers who
15represent clients in private adoptions, lawyers specializing
16in privacy law, and representatives of agencies involved in
17adoptions. The Director shall appoint one of the 7 members as
18the chairperson. An attorney from the Department of Children
19and Family Services and the person directly responsible for
20administering the confidential intermediary program shall
21serve as ex-officio, non-voting advisors to the Council.
22Council members shall serve at the discretion of the Director
23and shall receive no compensation other than reasonable
24expenses approved by the Director. The Council shall meet no
25less than twice yearly and shall meet at least once yearly with
26the Registry Advisory Council, and shall make recommendations

 

 

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1to the Director regarding the development of rules, procedures,
2and forms that will ensure efficient and effective operation of
3the confidential intermediary process, including:
4        (1) Standards for certification for confidential
5    intermediaries.
6        (2) Oversight of methods used to verify that
7    intermediaries are complying with the appropriate laws.
8        (3) Training for confidential intermediaries,
9    including training with respect to federal and State
10    privacy laws.
11        (4) The relationship between confidential
12    intermediaries and the court system, including the
13    development of sample orders defining the scope of the
14    intermediaries' access to information.
15        (5) Any recent violations of policy or procedures by
16    confidential intermediaries and remedial steps, including
17    decertification, to prevent future violations.
18    (g)  Access. Subject to the limitations of subsection (i)
19of this Section, the confidential intermediary shall have
20access to vital records or a comparable public entity that
21maintains vital records in another state in accordance with
22that state's laws, maintained by the Department of Public
23Health and its local designees for the maintenance of vital
24records or a comparable public entity that maintains vital
25records in another state in accordance with that state's laws
26and all records of the court or any adoption agency, public or

 

 

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1private, as limited in this Section, which relate to the
2adoption or the identity and location of an adopted or
3surrendered person, of an adult child or surviving spouse of a
4deceased adopted or surrendered person, or of a birth parent,
5birth sibling, or the sibling of a deceased birth parent. The
6confidential intermediary shall not have access to any personal
7health information protected by the Standards for Privacy of
8Individually Identifiable Health Information adopted by the
9U.S. Department of Health and Human Services under the Health
10Insurance Portability and Accountability Act of 1996 unless the
11confidential intermediary has obtained written consent from
12the person whose information is being sought by an adult
13adopted or surrendered person or, if that person is a minor
14child, that person's parent or guardian. Confidential
15intermediaries shall be authorized to inspect confidential
16relinquishment and adoption records. The confidential
17intermediary shall not be authorized to access medical records,
18financial records, credit records, banking records, home
19studies, attorney file records, or other personal records. In
20cases where a birth parent is being sought, an adoption agency
21shall inform the confidential intermediary of any statement
22filed pursuant to Section 18.3, hereinafter referred to as "the
2318.3 statement", indicating a desire of the surrendering birth
24parent to have identifying information shared or to not have
25identifying information shared. If there was a clear statement
26of intent by the sought-after birth parent not to have

 

 

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1identifying information shared, the confidential intermediary
2shall discontinue the search and inform the petitioning party
3of the sought-after relative's intent unless the birth parent
4filed the 18.3 statement prior to the effective date of this
5amendatory Act of the 96th General Assembly and more than 5
6years have elapsed since the filing of the 18.3 statement. If
7the adult adopted or surrendered person is the subject of an
818.3 statement indicating a desire not to establish contact
9which was filed more than 5 years prior to the search request,
10the confidential intermediary shall confirm the petitioner's
11desire to continue the search. Information provided to the
12confidential intermediary by an adoption agency shall be
13restricted to the full name, date of birth, place of birth,
14last known address, last known telephone number of the
15sought-after relative or, if applicable, of the children or
16siblings of the sought-after relative, and the 18.3 statement.
17    (h) Adoption agency disclosure of medical information. If
18the petitioner is an adult adopted or surrendered person or the
19adoptive parent of a minor and if the petitioner has signed a
20written authorization to disclose personal medical
21information, an adoption agency disclosing information to a
22confidential intermediary shall disclose available medical
23information about the adopted or surrendered person from birth
24through adoption.
25    (i) Duties of confidential intermediary in conducting a
26search. In conducting a search under this Section, the

 

 

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1confidential intermediary shall first confirm that there is no
2Denial of Information Exchange on file with the Illinois
3Adoption Registry. If the petitioner is an adult child of an
4adopted or surrendered person who is deceased, the confidential
5intermediary shall additionally confirm that the adopted or
6surrendered person did not file a Denial of Information
7Exchange or a Birth Parent Preference Form with Option E
8selected with the Illinois Adoption Registry during his or her
9life. If there is a Denial on file with the Registry, the
10confidential intermediary must discontinue the search unless
11the petitioner is an adult adopted or surrendered person and
12the sought-after birth relative filed the Denial 5 years or
13more prior to the search or the birth parent has not been the
14object of a search through the State confidential intermediary
15program for 10 or more years. If the petitioner is an adult
16adopted or surrendered person and there is a Birth Parent
17Preference Form on file with the Registry and the birth parent
18who completed the form selected Option E, the confidential
19intermediary must discontinue the search unless 5 years or more
20have elapsed since the filing of the Birth Parent Preference
21Form. If the petitioner is an adult birth sibling of an adopted
22or surrendered person or an adult sibling of a birth parent who
23is deceased, the confidential intermediary shall additionally
24confirm that the birth parent did not file a Denial of
25Information Exchange or a Birth Parent Preference Form with
26Option E selected with the Registry during his or her life. If

 

 

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1the confidential intermediary learns that a sought-after birth
2parent signed an 18.3 statement indicating his or her intent
3not to have identifying information shared, and did not later
4file an Information Exchange Authorization or a Birth Parent
5Preference Form with the Registry, the confidential
6intermediary shall discontinue the search and inform the
7petitioning party of the birth parent's intent, unless the
8petitioner is an adult adopted or surrendered person and 5
9years or more have elapsed since the birth parent signed the
10statement indicating his or her intent not to have identifying
11information shared. In cases where the birth parent filed a
12Denial of Information Exchange or Birth Parent Preference Form
13where Option E was selected, or statement indicating his or her
14intent not to have identifying information shared less than 5
15years prior to the search request and the petitioner is an
16adult adopted or surrendered person, the confidential
17intermediary shall inform the petitioner of the need to
18discontinue the search until 5 years have elapsed since the
19Denial of Information Exchange or Birth Parent Preference Form
20where Option E was selected, or statement was filed; in cases
21where a birth parent was previously the subject of a search
22through the State confidential intermediary program, the
23confidential intermediary shall inform the petitioner of the
24need to discontinue the search until 10 years or more have
25elapsed since the initial search was closed. In cases where a
26birth parent has been the object of 2 searches through the

 

 

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1State confidential intermediary program, no subsequent search
2for the birth parent shall be authorized absent a court order
3to the contrary.
4    In conducting a search under this Section, the confidential
5intermediary shall attempt to locate the relative or relatives
6from whom the petitioner has requested information. If the
7sought-after relative is deceased or cannot be located after a
8diligent search, the confidential intermediary may contact
9other adult relatives of the sought-after relative.
10    The confidential intermediary shall contact a sought-after
11relative on behalf of the petitioner in a manner that respects
12the sought-after relative's privacy and shall inform the
13sought-after relative of the petitioner's request for medical
14information, identifying information or contact as stated in
15the petition. Based upon the terms of the petitioner's request,
16the confidential intermediary shall contact a sought-after
17relative on behalf of the petitioner and inform the
18sought-after relative of the following options:
19        (1) The sought-after relative may totally reject one or
20    all of the requests for medical information, identifying
21    information or contact. The sought-after relative shall be
22    informed that they can provide a medical questionnaire to
23    be forwarded to the petitioner without releasing any
24    identifying information. The confidential intermediary
25    shall inform the petitioner of the sought-after relative's
26    decision to reject the sharing of information or contact.

 

 

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1        (2) The sought-after relative may consent to
2    completing a medical questionnaire only. In this case, the
3    confidential intermediary shall provide the questionnaire
4    and ask the sought-after relative to complete it. The
5    confidential intermediary shall forward the completed
6    questionnaire to the petitioner and inform the petitioner
7    of the sought-after relative's desire to not provide any
8    additional information.
9        (3) The sought-after relative may communicate with the
10    petitioner without having his or her identity disclosed. In
11    this case, the confidential intermediary shall arrange the
12    desired communication in a manner that protects the
13    identity of the sought-after relative. The confidential
14    intermediary shall inform the petitioner of the
15    sought-after relative's decision to communicate but not
16    disclose his or her identity.
17        (4) The sought-after sought after relative may consent
18    to initiate contact with the petitioner. If both the
19    petitioner and the sought-after relative or relatives are
20    eligible to register with the Illinois Adoption Registry,
21    the confidential intermediary shall provide the necessary
22    application forms and request that the sought-after
23    relative register with the Illinois Adoption Registry. If
24    either the petitioner or the sought-after relative or
25    relatives are ineligible to register with the Illinois
26    Adoption Registry, the confidential intermediary shall

 

 

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1    obtain written consents from both parties that they wish to
2    disclose their identities to each other and to have contact
3    with each other.
4    (j) Oath. The confidential intermediary shall sign an oath
5of confidentiality substantially as follows: "I, ..........,
6being duly sworn, on oath depose and say: As a condition of
7appointment as a confidential intermediary, I affirm that:
8        (1) I will not disclose to the petitioner, directly or
9    indirectly, any confidential information except in a
10    manner consistent with the law.
11        (2) I recognize that violation of this oath subjects me
12    to civil liability and to a potential finding of contempt
13    of court. ................................
14SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
15date)
16................................."
17    (k) Sanctions.
18        (1) Any confidential intermediary who improperly
19    discloses confidential information identifying a
20    sought-after relative shall be liable to the sought-after
21    relative for damages and may also be found in contempt of
22    court.
23        (2) Any person who learns a sought-after relative's
24    identity, directly or indirectly, through the use of
25    procedures provided in this Section and who improperly
26    discloses information identifying the sought-after

 

 

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1    relative shall be liable to the sought-after relative for
2    actual damages plus minimum punitive damages of $10,000.
3        (3) The Department shall fine any confidential
4    intermediary who improperly discloses confidential
5    information in violation of item (1) or (2) of this
6    subsection (k) an amount up to $2,000 per improper
7    disclosure. This fine does not affect civil liability under
8    item (2) of this subsection (k). The Department shall
9    deposit all fines and penalties collected under this
10    Section into the Illinois Adoption Registry and Medical
11    Information Fund.
12    (l) Death of person being sought. Notwithstanding any other
13provision of this Act, if the confidential intermediary
14discovers that the person being sought has died, he or she
15shall report this fact to the court, along with a copy of the
16death certificate. If the sought-after relative is a birth
17parent, the confidential intermediary shall also forward a copy
18of the birth parent's death certificate, if available, to the
19Registry for inclusion in the Registry file.
20    (m) Any confidential information obtained by the
21confidential intermediary during the course of his or her
22search shall be kept strictly confidential and shall be used
23for the purpose of arranging contact between the petitioner and
24the sought-after birth relative. At the time the case is
25closed, all identifying information shall be returned to the
26court for inclusion in the impounded adoption file.

 

 

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1    (n) If the petitioner is an adopted or surrendered person
221 years of age or over or the adoptive parent or legal
3guardian of an adopted or surrendered person under the age of
421, any non-identifying information, as defined in Section
518.4, that is ascertained during the course of the search may
6be given in writing to the petitioner at any time during the
7search before the case is closed.
8    (o) Except as provided in subsection (k) of this Section,
9no liability shall accrue to the State, any State agency, any
10judge, any officer or employee of the court, any certified
11confidential intermediary, or any agency designated to oversee
12confidential intermediary services for acts, omissions, or
13efforts made in good faith within the scope of this Section.
14    (p) An adoption agency that has received a request from a
15confidential intermediary for the full name, date of birth,
16last known address, or last known telephone number of a
17sought-after relative pursuant to subsection (g) of Section
1818.3a, or for medical information regarding a sought-after
19relative pursuant to subsection (h) of Section 18.3a, must
20satisfactorily comply with this court order within a period of
2145 days. The court shall order the adoption agency to reimburse
22the petitioner in an amount equal to all payments made by the
23petitioner to the confidential intermediary, and the adoption
24agency shall be subject to a civil monetary penalty of $1,000
25to be paid to the Department of Children and Family Services.
26Following the issuance of a court order finding that the

 

 

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1adoption agency has not complied with Section 18.3, the
2adoption agency shall be subject to a monetary penalty of $500
3per day for each subsequent day of non-compliance. Proceeds
4from such fines shall be utilized by the Department of Children
5and Family Services to subsidize the fees of petitioners as
6referenced in subsection (d) of this Section.
7    (q) Provide information to eligible petitioner. The
8confidential intermediary may provide to eligible petitioners
9as described in subsections (a) and (b) of this Section, the
10name of the child welfare agency which had legal custody of the
11surrendered person or responsibility for placing the
12surrendered person and any available contact information for
13such agency. In addition, the confidential intermediary may
14provide to such petitioners the name of the state in which the
15surrender occurred or in which the adoption was finalized.
16    Any reimbursements and fines, notwithstanding any
17reimbursement directly to the petitioner, paid under this
18subsection are in addition to other remedies a court may
19otherwise impose by law.
20    The Department of Children and Family Services shall submit
21reports to the Confidential Intermediary Advisory Council by
22July 1 and January 1 of each year in order to report the
23penalties assessed and collected under this subsection, the
24amounts of related deposits into the DCFS Children's Services
25Fund, and any expenditures from such deposits.
26(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)
 

 

 

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1    (750 ILCS 50/18.6)  (from Ch. 40, par. 1522.6)
2    Sec. 18.6. Registry fees. The Department of Public Health
3shall levy a fee for each registrant under Sections 18.05
4through 18.5. A $15 fee shall be charged for registering with
5the Illinois Adoption Registry and Medical Information
6Exchange. However, this fee shall be waived for all adopted or
7surrendered persons, surviving children and spouses of
8deceased adopted persons, adoptive parents, legal guardians,
9birth parents, birth aunts, birth uncles, and birth siblings
10who complete a Medical Information Exchange Questionnaire at
11the time of registration and authorize its release to specified
12registered parties, and for adoptive parents registering
13within 12 months of the finalization of the adoption. All
14persons who were registered with the Illinois Adoption Registry
15prior to the effective date of this amendatory Act of 1999 and
16who wish to update their registration may do so without charge.
17No charge of any kind shall be made for the withdrawal of any
18form provided in Section 18.2.
19(Source: P.A. 96-895, eff. 5-21-10.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".