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| | HB5501 Engrossed | | LRB097 18378 AJO 63604 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Adoption Act is amended by changing Section |
| 5 | | 18 as follows:
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| 6 | | (750 ILCS 50/18) (from Ch. 40, par. 1522)
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| 7 | | Sec. 18. Records confidential.
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| 8 | | (a) The word "illegitimate", the words "born out of
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| 9 | | wedlock", and words of similar import shall not be used in any |
| 10 | | adoption
proceeding in any respect.
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| 11 | | (b) The court call of adoption proceedings shall not |
| 12 | | identify any of
the parties by name. The parties may be |
| 13 | | identified by initials or
pseudonyms. The case shall be |
| 14 | | identified by its general number. The names
of the lawyers |
| 15 | | representing the parties may appear on the court call, and
the |
| 16 | | type of application that is being made to the court may also be |
| 17 | | identified.
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| 18 | | (c) All adoption records maintained by each circuit clerk |
| 19 | | shall be
impounded in accordance with the procedures provided |
| 20 | | by the Illinois
Supreme Court's General Administrative Order on |
| 21 | | Recordkeeping and shall be
opened for examination only upon |
| 22 | | specific order of the court, which order
shall name the person |
| 23 | | or persons who are to be permitted to examine the
file. |
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| | HB5501 Engrossed | - 2 - | LRB097 18378 AJO 63604 b |
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| 1 | | Certified copies of all papers and documents contained in
any |
| 2 | | file so impounded shall be made only on like order.
The |
| 3 | | guardian ad litem for a minor sought to be adopted shall have |
| 4 | | the
right to inspect the court file without leave of court |
| 5 | | during the pendency
of the proceeding. The attorney of record |
| 6 | | for the petitioners and other
parties may inspect the file only |
| 7 | | with leave of court. The petitioners to
the adoption, the |
| 8 | | attorney of record for the petitioners, and the guardian
ad |
| 9 | | litem of the person who is the subject of the proceeding shall |
| 10 | | be
entitled to receive certified copies of the order of |
| 11 | | adoption in the
proceeding at any time within 30 days after the |
| 12 | | entry of the judgment of
adoption without order of court. After |
| 13 | | 30 days from the entry of the
judgment of adoption, no copies |
| 14 | | may be obtained without prior order of
court, but good cause is |
| 15 | | not necessary to be shown: |
| 16 | | (1) by one of the
petitioners to the adoption; .
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| 17 | | (2) by the adopted person over the age of 21 who was |
| 18 | | the subject of the petition to the adoption, provided that |
| 19 | | the adopted person submits to the court a non-certified |
| 20 | | copy of the adopted person's original birth certificate |
| 21 | | issued by the Department of Public Health pursuant to |
| 22 | | paragraphs (1) and (2) of subsection (e) of Section 18.1b |
| 23 | | of this Act with no identifying information redacted |
| 24 | | pursuant to subparagraphs (i) or (ii) of paragraph (2) of |
| 25 | | subsection (e) of Section 18.1b of this Act as reflected on |
| 26 | | the non-certified copy of the original birth certificate; |
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| | HB5501 Engrossed | - 3 - | LRB097 18378 AJO 63604 b |
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| 1 | | or |
| 2 | | (3) by the adopted person who was the subject of the |
| 3 | | adoption petition if the adopted person was born before |
| 4 | | January 1, 1946, and submits to the court a letter from the |
| 5 | | Department of Public Health confirming that no copy of the |
| 6 | | adopted person's original birth certificate was located in |
| 7 | | Illinois under paragraph (2) of subsection (e) of Section |
| 8 | | 18.1b. |
| 9 | | The court shall require proof of the authenticity of the |
| 10 | | documents submitted pursuant to court rule and applicable rules |
| 11 | | of civil procedure. |
| 12 | | (d) If an appeal is taken from an adoption proceeding, the |
| 13 | | papers filed
in the court of review and the opinion of the |
| 14 | | reviewing court shall not
identify the true names of the |
| 15 | | parties; instead, initials or pseudonyms
shall be used to |
| 16 | | identify the parties.
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| 17 | | (Source: P.A. 86-493; 87-620.)
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