093_HB2504sam001











                                     LRB093 07707 LCB 16793 a

 1                    AMENDMENT TO HOUSE BILL 2504

 2        AMENDMENT NO.     .  Amend House Bill 2504,  AS  AMENDED,
 3    by  replacing  the title with "AN ACT concerning confidential
 4    intermediaries."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section  5.  The  Adoption  Act  is  amended by changing
 8    Sections 18.2, 18.3a, and 18.4 as follows:

 9        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
10        Sec. 18.2. Forms.
11        (a)  The  form   of   the   Birth   Parent   Registration
12    Identification Form shall be substantially as follows:
13              BIRTH PARENT REGISTRATION IDENTIFICATION
14                   (Insert all known information)
15    I,  .....,  state  that I am the ...... (mother or father) of
16    the following child:
17        Child's original name: ..... (first) ..... (middle) .....
18             (last),  .....  (hour  of  birth),  .....  (date  of
19             birth), ..... (city and state of birth), ..... (name
20             of hospital).
21        Father's full name: ...... (first) ...... (middle)  .....
 
                            -2-      LRB093 07707 LCB 16793 a
 1             (last), ..... (date of birth), ..... (city and state
 2             of birth).
 3        Name  of  mother  inserted  on  birth  certificate: .....
 4             (first) ..... (middle) ..... (last),  .....  (race),
 5             .....  (date  of  birth),  ...... (city and state of
 6             birth).
 7    That I  surrendered  my  child  to:  .............  (name  of
 8        agency),   .....   (city  and  state  of  agency),  .....
 9        (approximate date child surrendered).
10    That I placed my child by  private  adoption:  .....  (date),
11        ...... (city and state).
12    Name of adoptive parents, if known: ......
13    Other identifying information: .....
14                                         ........................
15                                            (Signature of parent)
16    ............                         ........................
17    (date)                               (printed name of parent)

18        (b)  The   form   of   the  Adopted  Person  Registration
19    Identification shall be substantially as follows:
20                           ADOPTED PERSON
21                     REGISTRATION IDENTIFICATION
22                   (Insert all known information)
23    I, ....., state the following:
24        Adopted  Person's  present  name:  .....  (first)   .....
25             (middle) ..... (last).
26        Adopted  Person's name at birth (if known): ..... (first)
27             ..... (middle) .....  (last),  .....  (birth  date),
28             ..... (city and state of birth), ...... (sex), .....
29             (race).
30        Name  of  adoptive  father:  ..... (first) ..... (middle)
31             ..... (last), ..... (race).
32        Maiden name  of  adoptive  mother:  .....  (first)  .....
33             (middle) ..... (last), ..... (race).
34        Name  of  birth  mother  (if  known): ..... (first) .....
 
                            -3-      LRB093 07707 LCB 16793 a
 1             (middle) ..... (last), ..... (race).
 2        Name of birth father  (if  known):  .....  (first)  .....
 3             (middle) ..... (last), ..... (race).
 4        Name(s)  at  birth  of  sibling(s)  having a common birth
 5             parent with adoptee (if known): ..... (first)  .....
 6             (middle)  .....  (last),  .....  (race), and name of
 7             common birth parent: .....  (first)  .....  (middle)
 8             ..... (last), ..... (race).
 9    I was adopted through: ..... (name of agency).
10    I was adopted privately: ..... (state "yes" if known).
11    I  was  adopted in ..... (city and state), ..... (approximate
12        date).
13    Other identifying information: .............
14                                           ......................
15                                           (signature of adoptee)
16    ...........                         .........................
17    (date)                              (printed name of adoptee)

18        (c)  The form  of  the  Surrendered  Person  Registration
19    Identification shall be substantially as follows:
20                   SURRENDERED PERSON REGISTRATION
21                           IDENTIFICATION
22                   (Insert all known information)
23    I, ....., state the following:
24        Surrendered  Person's  present  name: ..... (first) .....
25             (middle) ..... (last).
26        Surrendered Person's name  at  birth  (if  known):  .....
27             (first)  .....  (middle)  .....  (last), .....(birth
28             date), .....  (city  and  state  of  birth),  ......
29             (sex), ..... (race).
30        Name  of  guardian  father:  ..... (first) ..... (middle)
31             ..... (last), ..... (race).
32        Maiden name  of  guardian  mother:  .....  (first)  .....
33             (middle) ..... (last), ..... (race).
34        Name  of  birth  mother  (if  known): ..... (first) .....
 
                            -4-      LRB093 07707 LCB 16793 a
 1             (middle) ..... (last) ..... (race).
 2        Name of birth father  (if  known):  .....  (first)  .....
 3             (middle) ..... (last), .....(race).
 4        Name(s)  at  birth  of  sibling(s)  having a common birth
 5             parent with surrendered  person  (if  known):  .....
 6             (first)  .....  (middle) ..... (last), ..... (race),
 7             and name of common birth parent: ..... (first) .....
 8             (middle) ..... (last), ..... (race).
 9    I was surrendered for adoption to: ..... (name of agency).
10    I was surrendered for adoption in  .....  (city  and  state),
11        ..... (approximate date).
12    Other identifying information: ............
13                                 ................................
14                                (signature of surrendered person)
15    ............                           ......................
16    (date)                                (printed name of person
17                                        surrendered for adoption)

18        (d)  The  form  of the Information Exchange Authorization
19    shall be substantially as follows:
20                 INFORMATION EXCHANGE AUTHORIZATION
21        I, ....., state that I am the person  who  completed  the
22    Registration  Identification;  that  I am of the age of .....
23    years; that I  hereby  authorize  the  Department  of  Public
24    Health   to   give  to  my  (birth  parent)  (birth  sibling)
25    (surrendered  child)  the   following   (please   check   the
26    information authorized for exchange):
27             [  ]  1.  Only my name and last known address.
28             [  ]  2.  A  copy  of  my Illinois Adoption Registry
29        Application.
30             [  ]  3.  A copy of the original certificate of live
31        birth.
32        I am fully aware that I can only  be  supplied  with  any
33    information   about   my   (birth   parent)  (birth  sibling)
34    (surrendered child) if  such  person  has  duly  executed  an
 
                            -5-      LRB093 07707 LCB 16793 a
 1    Information Exchange Authorization for such information which
 2    has  not been revoked; that I can be contacted by writing to:
 3    ..... (own name or  name  of  person  to  contact)  (address)
 4    (phone number).
 5        Dated (insert date).
 6    ............                                   ..............
 7    (witness)                                         (signature)

 8        (e)  The form of the Denial of Information Exchange shall
 9    be substantially as follows:
10                   DENIAL OF INFORMATION EXCHANGE
11        I,  .....,  state  that I am the person who completed the
12    Registration Identification; that I am of the  age  of  .....
13    years; that I hereby instruct the Department of Public Health
14    not to give any identifying information about me to my (birth
15    parent)  (birth  sibling)  (surrendered child); that I do not
16    wish to be contacted.
17        Dated (insert date).
18    .............                                 ...............
19    (witness)                                         (signature)

20        (f)  The  Information  Exchange  Authorization  and   the
21    Denial  of  Information Exchange shall be acknowledged by the
22    birth parent, birth sibling, adopted or  surrendered  person,
23    adoptive parent, or legal guardian before a notary public, in
24    form substantially as follows:
25    State of ..............
26    County of .............
27        I,  a  Notary  Public, in and for the said County, in the
28    State  aforesaid,  do  hereby  certify  that  ...............
29    personally known to me to be the same person  whose  name  is
30    subscribed  to  the foregoing certificate of acknowledgement,
31    appeared before me in person and  acknowledged  that  (he  or
32    she)  signed  such  certificate  as  (his  or  her)  free and
33    voluntary act and that the statements in such certificate are
 
                            -6-      LRB093 07707 LCB 16793 a
 1    true.
 2        Given under my hand and notarial seal on (insert date).
 3                                        .........................
 4                                                 (signature)

 5        (g)  When  the  execution  of  an  Information   Exchange
 6    Authorization   or   a  Denial  of  Information  Exchange  is
 7    acknowledged before  a  representative  of  an  agency,  such
 8    representative  shall  have his signature on said Certificate
 9    acknowledged before a notary public, in form substantially as
10    follows:
11    State of..........
12    County of.........
13        I, a Notary Public, in and for the said  County,  in  the
14    State  aforesaid,  do  hereby  certify  that ..... personally
15    known to me to be the same person whose name is subscribed to
16    the foregoing certificate of acknowledgement, appeared before
17    me in person and acknowledged that (he or  she)  signed  such
18    certificate  as  (his or her) free and voluntary act and that
19    the statements in such certificate are true.
20        Given under my hand and notarial seal on (insert date).
21                                          .......................
22                                                   (signature)

23        (h)  When  an  Illinois  Adoption  Registry  Application,
24    Information Exchange Authorization or a Denial of Information
25    Exchange is executed in a foreign country, the  execution  of
26    such  document  shall  be  acknowledged or affirmed before an
27    officer of the United States consular services.
28        (i)  If  the  person  signing  an  Information   Exchange
29    Authorization  or  a Denial of Information is in the military
30    service of the United States, the execution of such  document
31    may  be  acknowledged  before  a commissioned officer and the
32    signature of  such  officer  on  such  certificate  shall  be
33    verified  or  acknowledged  before a notary public or by such
 
                            -7-      LRB093 07707 LCB 16793 a
 1    other procedure as is then in effect  for  such  division  or
 2    branch of the armed forces.
 3        (j)  The Department shall modify these forms as necessary
 4    to  implement  the  provisions of this amendatory Act of 1999
 5    including  creating  Registration  Identification  Forms  for
 6    non-surrendered birth siblings, adoptive  parents  and  legal
 7    guardians.
 8    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

 9        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
10        Sec.   18.3a.  Confidential  intermediary.   (a)  General
11    purposes. Notwithstanding any other provision  of  this  Act,
12    any  adopted  person  21  years  of age or over, any adoptive
13    parent or legal guardian of an adopted person under  the  age
14    of  21,  or  any  birth parent of an adopted person who is 21
15    years of age or over may petition the court in any county  in
16    the  State  of  Illinois  for  appointment  of a confidential
17    intermediary as provided in this Section for the  purpose  of
18    exchanging  medical  information  with  one  or more mutually
19    consenting  biological   relatives,   obtaining   identifying
20    information  about one or more mutually consenting biological
21    relatives, or arranging contact with  one  or  more  mutually
22    consenting biological relatives. Additionally, in cases where
23    an  adopted or surrendered person is deceased, an adult child
24    of the adopted or surrendered  person  may  file  a  petition
25    under  this  Section  and  in cases where the birth parent is
26    deceased,  an adult birth sibling of the adopted person or of
27    the deceased birth parent may  file  a  petition  under  this
28    Section  for  the  purpose  of exchanging medical information
29    with one or more mutually  consenting  biological  relatives,
30    obtaining  identifying information about one or more mutually
31    consenting biological relatives, or  arranging  contact  with
32    one or more mutually consenting biological relatives.
33        (b)  Petition.  Upon  petition  by  an  adopted person 21
 
                            -8-      LRB093 07707 LCB 16793 a
 1    years of age or over, an adoptive parent or legal guardian of
 2    an adopted person under the age of 21, or a birth  parent  of
 3    an  adopted  person who is 21 years of age or over, the court
 4    shall appoint a confidential intermediary.  Upon petition  by
 5    an  adult child of an adopted person who is deceased or by an
 6    adult birth sibling of an adopted person whose  birth  parent
 7    is  deceased  or by an adult sibling of a birth parent who is
 8    deceased, the court may appoint a  confidential  intermediary
 9    if  the court finds that the disclosure is of greater benefit
10    than nondisclosure. The petition shall state which biological
11    relative or relatives are being sought and shall indicate  if
12    the  petitioner wants to do any one or more of the following:
13    exchange medical information with the biological relative  or
14    relatives, obtain identifying information from the biological
15    relative  or  relatives,  or  to  arrange  contact  with  the
16    biological relative.
17        (c)  Order.  The   order   appointing   the  confidential
18    intermediary shall  allow  that  intermediary  to  conduct  a
19    search  for  the  sought-after  relative  by  accessing those
20    records described in subsection (g) of this Section.
21        (d)  Fees and expenses. The  court  shall  condition  the
22    appointment   of   the   confidential   intermediary  on  the
23    petitioner's payment of the intermediary's fees and  expenses
24    in   advance   of   the  commencement  of  the  work  of  the
25    confidential intermediary.
26        (e)  Eligibility of intermediary. The court  may  appoint
27    as  confidential  intermediary  either  an  employee  of  the
28    Illinois   Department   of   Children   and  Family  Services
29    designated by the Department to  serve  as  such,  any  other
30    person certified by the Department as qualified to serve as a
31    confidential  intermediary,  or  any  employee  of a licensed
32    child welfare agency certified by the agency as qualified  to
33    serve as a confidential intermediary.  Certification shall be
34    dependent  upon  the  confidential  intermediary completing a
 
                            -9-      LRB093 07707 LCB 16793 a
 1    course of training including, but not limited to,  applicable
 2    federal and State privacy laws.
 3        (f)  Confidential  Intermediary  Council.  There shall be
 4    established under  the  Department  of  Children  and  Family
 5    Services  a  Confidential Intermediary Advisory Council.  One
 6    member  shall  be  an  attorney  representing  the   Attorney
 7    General's  Office  appointed  by  the  Attorney General.  One
 8    member  shall   be   a   currently   certified   confidential
 9    intermediary  appointed  by the Director of the Department of
10    Children and  Family  Services.    The  Director  shall  also
11    appoint    5   additional   members.    When   making   those
12    appointments,  the  Director  shall  consider  advocates  for
13    adopted persons, adoptive parents, birth parents, lawyers who
14    represent clients in private adoptions, lawyers  specializing
15    in  privacy  law, and representatives of agencies involved in
16    adoptions.  The Director shall appoint one of the  7  members
17    as  the  chairperson.   An  attorney  from  the Department of
18    Children  and  Family  Services  and  the   person   directly
19    responsible  for  administering the confidential intermediary
20    program shall serve as ex-officio, non-voting advisors to the
21    Council.  Council members shall serve at  the  discretion  of
22    the  Director  and  shall  receive no compensation other than
23    reasonable expenses approved by the  Director.   The  Council
24    shall  meet  no  less  than  twice  yearly,  and  shall  make
25    recommendations  to the Director regarding the development of
26    rules, procedures, and forms that will ensure  efficient  and
27    effective operation of the confidential intermediary process,
28    including:
29             (1)  Standards  for  certification  for confidential
30        intermediaries.
31             (2)  Oversight  of  methods  used  to  verify   that
32        intermediaries are complying with the appropriate laws.
33             (3)  Training   for   confidential   intermediaries,
34        including  training  with  respect  to  federal and State
 
                            -10-     LRB093 07707 LCB 16793 a
 1        privacy laws.
 2             (4)  The    relationship    between     confidential
 3        intermediaries   and  the  court  system,  including  the
 4        development of sample orders defining the  scope  of  the
 5        intermediaries' access to information.
 6             (5)  Any  recent  violations of policy or procedures
 7        by  confidential  intermediaries  and   remedial   steps,
 8        including decertification, to prevent future violations.
 9        (g)  Access.  Subject  to  the  limitations of subsection
10    (i) of this Section, the confidential intermediary shall have
11    access to vital  records  maintained  by  the  Department  of
12    Public  Health and its local designees for the maintenance of
13    vital records and all records of the court  or  any  adoption
14    agency,  public  or  private, which relate to the adoption or
15    the identity and location of an adopted person, of  an  adult
16    child  of  a  deceased  adopted person, or of a birth parent,
17    birth sibling, or the sibling of  a  deceased  birth  parent.
18    The  confidential  intermediary  shall not have access to any
19    personal health information protected by  the  Standards  for
20    Privacy   of  Individually  Identifiable  Health  Information
21    adopted by the U.S. Department of Health and  Human  Services
22    under the Health Insurance Portability and Accountability Act
23    of  1996  unless  the  confidential intermediary has obtained
24    written consent from the person whose  information  is  being
25    sought  or,  if  that  person is a minor child, that person's
26    parent or guardian.   Confidential  intermediaries  shall  be
27    authorized   to   inspect   confidential  relinquishment  and
28    adoption records.  The confidential intermediary shall not be
29    authorized to  access  medical  records,  financial  records,
30    credit  records, banking records, home studies, attorney file
31    records, or other personal records. In cases  where  a  birth
32    parent  is  being sought, an adoption agency shall inform the
33    confidential intermediary of any statement filed pursuant  to
34    Section  18.3  indicating  a desire of the surrendering birth
 
                            -11-     LRB093 07707 LCB 16793 a
 1    parent to have identifying information shared or to not  have
 2    identifying   information  shared.   If  there  was  a  clear
 3    statement of intent by the sought-after birth parent  not  to
 4    have   identifying   information   shared,  the  confidential
 5    intermediary shall discontinue  the  search  and  inform  the
 6    petitioning  party  of  the  sought-after  relative's intent.
 7    Additional   information   provided   to   the   confidential
 8    intermediary by an adoption agency shall be restricted to the
 9    full name, date of birth, place of birth, last known address,
10    and last known telephone number of the sought-after  relative
11    or,  if  applicable,  of  the  children  or  siblings  of the
12    sought-after relative.
13        (h)  Adoption    agency     disclosure     of     medical
14    information.  If the petitioner is an adult adopted person or
15    the  adoptive  parent  of  a  minor and if the petitioner has
16    signed a written authorization to disclose  personal  medical
17    information,  an  adoption agency disclosing information to a
18    confidential intermediary shall  disclose  available  medical
19    information  about  the  adopted  person  from  birth through
20    adoption.
21        (i)  Duties of confidential intermediary in conducting  a
22    search.  In  conducting  a  search  under  this  Section, the
23    confidential intermediary shall first confirm that  there  is
24    no  Denial  of Information Exchange on file with the Illinois
25    Adoption Registry. If the petitioner is an adult child of  an
26    adopted person who is deceased, the confidential intermediary
27    shall  additionally  confirm  that the adopted person did not
28    file a Denial  of  Information  Exchange  with  the  Illinois
29    Adoption  Registry  during his or her life. If the petitioner
30    is an adult birth sibling of an adopted person  or  an  adult
31    sibling  of  a birth parent who is deceased, the confidential
32    intermediary shall additionally confirm that the birth parent
33    did not file  a  Denial  of  Information  Exchange  with  the
34    Registry  during  his  or  her  life.   If  the  confidential
 
                            -12-     LRB093 07707 LCB 16793 a
 1    intermediary learns that a sought-after birth parent signed a
 2    statement   indicating   his   or  her  intent  not  to  have
 3    identifying information shared, and did  not  later  file  an
 4    Information   Exchange   Authorization   with   the  Adoption
 5    Registry, the confidential intermediary shall discontinue the
 6    search and inform the petitioning party of the birth parent's
 7    intent.
 8        In  conducting  a  search   under   this   Section,   the
 9    confidential   intermediary   shall  attempt  to  locate  the
10    relative or relatives from whom the petitioner has  requested
11    information.  If  the  sought-after  relative  is deceased or
12    cannot be located after a diligent search,  the  confidential
13    intermediary  may  contact  adult biological relatives of the
14    sought-after relative.
15        The   confidential   intermediary   shall    contact    a
16    sought-after relative on behalf of the petitioner in a manner
17    that  respects  the sought-after relative's privacy and shall
18    inform the sought-after relative of the petitioner's  request
19    for  medical  information, identifying information or contact
20    as stated in the  petition.  Based  upon  the  terms  of  the
21    petitioner's  request,  the  confidential  intermediary shall
22    contact a sought-after relative on behalf of  the  petitioner
23    and   inform  the  sought-after  relative  of  the  following
24    options:
25        (1)  The sought-after relative may totally reject one  or
26    all  of  the  requests  for  medical information, identifying
27    information or contact. The sought-after  relative  shall  be
28    informed  that they can provide a medical questionnaire to be
29    forwarded to the petitioner without releasing any identifying
30    information. The confidential intermediary shall  inform  the
31    petitioner  of the sought-after relative's decision to reject
32    the sharing of information or contact.
33        (2)  The sought-after relative may consent to  completing
34    a  medical questionnaire only. In this case, the confidential
 
                            -13-     LRB093 07707 LCB 16793 a
 1    intermediary shall provide  the  questionnaire  and  ask  the
 2    sought-after   relative  to  complete  it.  The  confidential
 3    intermediary shall forward the completed questionnaire to the
 4    petitioner and inform  the  petitioner  of  the  sought-after
 5    relative's desire to not provide any additional information.
 6        (3)  The  sought-after  relative may communicate with the
 7    petitioner without having his or her identity  disclosed.  In
 8    this  case,  the  confidential intermediary shall arrange the
 9    desired communication in a manner that protects the  identity
10    of  the  sought-after relative. The confidential intermediary
11    shall inform the petitioner of  the  sought-after  relative's
12    decision to communicate but not disclose his or her identity.
13        (4)  The  sought  after  relative may consent to initiate
14    contact with the petitioner. If both the petitioner  and  the
15    sought-after  relative  or relatives are eligible to register
16    with  the  Illinois  Adoption  Registry,   the   confidential
17    intermediary  shall  provide  the necessary application forms
18    and request that the sought-after relative register with  the
19    Illinois  Adoption  Registry. If either the petitioner or the
20    sought-after relative or relatives are ineligible to register
21    with  the  Illinois  Adoption  Registry,   the   confidential
22    intermediary  shall obtain written consents from both parties
23    that they wish to disclose their identities to each other and
24    to have contact with each other.
25        (j)  Oath. The confidential intermediary  shall  sign  an
26    oath   of   confidentiality  substantially  as  follows:  "I,
27    .........., being duly sworn, on oath depose and  say:  As  a
28    condition  of  appointment  as a confidential intermediary, I
29    affirm that:
30             (1)  I will not disclose to the petitioner, directly
31        or indirectly, any confidential information except  in  a
32        manner consistent with the law.
33             (2)  I   recognize   that  violation  of  this  oath
34        subjects me to civil liability and to a potential finding
 
                            -14-     LRB093 07707 LCB 16793 a
 1        of contempt of court. ................................
 2    SUBSCRIBED AND SWORN  to  before  me,  a  Notary  Public,  on
 3    (insert date)
 4    ................................."
 5        (k)  Sanctions.
 6             (1)  Any  confidential  intermediary  who improperly
 7        discloses   confidential   information   identifying    a
 8        sought-after relative shall be liable to the sought-after
 9        relative for damages and may also be found in contempt of
10        court.
11             (2)  Any person who learns a sought-after relative's
12        identity,  directly  or  indirectly,  through  the use of
13        procedures provided in this Section  and  who  improperly
14        discloses   information   identifying   the  sought-after
15        relative shall be liable to the sought-after relative for
16        actual damages plus minimum punitive damages of $10,000.
17             (3)  The  Department  shall  fine  any  confidential
18        intermediary  who   improperly   discloses   confidential
19        information  in  violation  of  item  (1)  or (2) of this
20        subsection (k)  an  amount  up  to  $2,000  per  improper
21        disclosure.   This  fine  does not affect civil liability
22        under item (2) of this subsection  (k).   The  Department
23        shall  deposit  all  fines  and penalties collected under
24        this Section into  the  Illinois  Adoption  Registry  and
25        Medical Information Fund.
26        (l)  Death  of  person  being sought. Notwithstanding any
27    other provision of this Act, if the confidential intermediary
28    discovers that the person being sought has died,  he  or  she
29    shall report this fact to the court, along with a copy of the
30    death certificate.
31        (m)  Any   confidential   information   obtained  by  the
32    confidential intermediary during the course  of  his  or  her
33    search  shall be kept strictly confidential and shall be used
34    for the purpose of arranging contact between  the  petitioner
 
                            -15-     LRB093 07707 LCB 16793 a
 1    and  the sought-after birth relative. At the time the case is
 2    closed, all identifying information shall be returned to  the
 3    court for inclusion in the impounded adoption file.
 4        (n)  If  the  petitioner is an adopted person 21 years of
 5    age or over or the adoptive parent or legal  guardian  of  an
 6    adopted  person  under  the  age  of  21, any non-identifying
 7    information, as defined in Section 18.4, that is  ascertained
 8    during  the  course  of the search may be given in writing to
 9    the petitioner before the case is closed.
10        (o)  Except  as  provided  in  subsection  (k)  of   this
11    Section,  no  liability  shall accrue to the State, any State
12    agency, any judge, any officer or employee of the court,  any
13    certified confidential intermediary, or any agency designated
14    to  oversee  confidential  intermediary  services  for  acts,
15    omissions,  or efforts made in good faith within the scope of
16    this Section.
17        (a)  General   purposes.    Notwithstanding   any   other
18    provision of this Act, any adopted person over the age of  21
19    or any adoptive parent or legal guardian of an adopted person
20    under the age of 21 may petition the court for appointment of
21    a  confidential  intermediary as provided in this Section for
22    the purpose of obtaining from one or both birth parents or  a
23    sibling   or  siblings  of  the  adopted  person  information
24    concerning   the   background   of   a    psychological    or
25    genetically-based medical problem experienced or which may be
26    expected  to  be  experienced  in  the  future by the adopted
27    person or obtaining assistance in treating such a problem.
28        (b)  Petition.  The court shall  appoint  a  confidential
29    intermediary  for the purposes described in subsection (f) if
30    the petitioner shows the following:
31             (1)  the adopted  person  is  suffering  or  may  be
32        expected  to suffer in the future from a life-threatening
33        or substantially incapacitating physical illness  of  any
34        nature,   or   a   psychological   disturbance  which  is
 
                            -16-     LRB093 07707 LCB 16793 a
 1        substantially incapacitating but not life-threatening, or
 2        a mental illness which, in the  opinion  of  a  physician
 3        licensed  to practice medicine in all its branches, is or
 4        could be genetically based to a significant degree;
 5             (2)  the treatment of the  adopted  person,  in  the
 6        opinion  of  a physician licensed to practice medicine in
 7        all of its branches,  would  be  materially  assisted  by
 8        information  obtainable  from  the birth parents or might
 9        benefit from the provision  of  organs  or  other  bodily
10        tissues,  materials,  or  fluids  by the birth parents or
11        other close biological relatives; and
12             (3)  there  is  neither  an   Information   Exchange
13        Authorization  nor a Denial of Information Exchange filed
14        in the Registry as provided in Section 18.1.
15        The affidavit or  testimony  of  the  treating  physician
16    shall  be  conclusive  on the issue of the utility of contact
17    with the birth  parents  unless  the  court  finds  that  the
18    relationship  between  the  illness  to  be  treated  and the
19    alleged need for contact is totally without foundation.
20        (c)  Fees and expenses.  The court  shall  condition  the
21    appointment  of  the confidential intermediary on the payment
22    of the intermediary's fees and expenses  in  advance,  unless
23    the  intermediary waives the right to full advance payment or
24    to any reimbursement at all.
25        (d)  Eligibility of intermediary.  The court may  appoint
26    as  confidential  intermediary  either  an  employee  of  the
27    Illinois   Department   of   Children   and  Family  Services
28    designated by the Department to  serve  as  such,  any  other
29    person certified by the Department as qualified to serve as a
30    confidential  intermediary,  or  any  employee  of a licensed
31    child welfare agency certified by the agency as qualified  to
32    serve as a confidential intermediary.
33        (e)  Access.  Notwithstanding any other provision of law,
34    the  confidential  intermediary  shall  have  access  to  all
 
                            -17-     LRB093 07707 LCB 16793 a
 1    records  of the court or any agency, public or private, which
 2    relate to the adoption or the identity and  location  of  any
 3    birth parent.
 4        (f)  Purposes  of contact.  The confidential intermediary
 5    has only the following powers and duties:
 6             (1)  To contact one or both  birth  parents,  inform
 7        the parent or parents of the basic medical problem of the
 8        adopted  person  and  the  nature  of  the information or
 9        assistance sought from the birth parent, and  inform  the
10        parent or parents of the following options:
11                  (A)  The  birth  parent  may totally reject the
12             request for assistance or information, or both,  and
13             no  disclosure of identity or location shall be made
14             to the petitioner.
15                  (B)  The birth parent may file  an  Information
16             Exchange  Authorization as provided in Section 18.1.
17             The confidential intermediary shall explain  to  the
18             birth  parent  the  consequences  of  such a filing,
19             including that the birth parent's identity  will  be
20             available  for  discovery  by the adopted person. If
21             the  birth  parent  agrees  to  this   option,   the
22             confidential  intermediary  shall  supply the parent
23             with the appropriate forms, shall be responsible for
24             their immediate filing with the Registry, and  shall
25             inform the petitioner of their filing.
26                  (C)  If  the birth parent wishes to provide the
27             information or assistance sought but does  not  wish
28             his  or  her  identity  disclosed,  the confidential
29             intermediary shall arrange for the disclosure of the
30             information or the provision  of  assistance  in  as
31             confidential  a  manner as possible so as to protect
32             the privacy of the birth  parent  and  minimize  the
33             likelihood  of  disclosure  of  the  birth  parent's
34             identity.
 
                            -18-     LRB093 07707 LCB 16793 a
 1             (2)  If  a birth parent so desires, to arrange for a
 2        confidential communication with the treating physician to
 3        discuss  the  need  for  the  requested  information   or
 4        assistance.
 5             (3)  If   a  birth  parent  agrees  to  provide  the
 6        information or assistance sought but wishes  to  maintain
 7        his  or  her privacy, to arrange for the provision of the
 8        information  or  assistance  to  the  physician   in   as
 9        confidential  a  manner  as possible so as to protect the
10        privacy of the birth parent and minimize  the  likelihood
11        of disclosure of the birth parent's identity.
12        (g)  Oath.   The  confidential intermediary shall sign an
13    oath of confidentiality substantially as follows:
14             "I, .........., being duly sworn, on oath depose and
15        say:  As a condition of  appointment  as  a  confidential
16        intermediary, I affirm that:
17             (1)  I will not disclose to the petitioner, directly
18        or  indirectly,  any  information  about  the identity or
19        location of the birth parent whose  assistance  is  being
20        sought  for medical reasons except in a manner consistent
21        with the law.
22             (2)  I  recognize  that  violation  of   this   oath
23        subjects  me  to  civil  liability  and to being found in
24        contempt of court.
25                                 ................................

26             SUBSCRIBED AND SWORN to before me, a Notary  Public,
27        on (insert date).
28                                ................................"
29        (h)  Sanctions.
30             (1)  Any  confidential  intermediary  who improperly
31        discloses information identifying a birth parent shall be
32        liable to the birth parent for damages and  may  also  be
33        found in contempt of court.
34             (2)  Any   person   who   learns  a  birth  parent's
 
                            -19-     LRB093 07707 LCB 16793 a
 1        identity, directly or  indirectly,  through  the  use  of
 2        procedures  provided  in  this Section and who improperly
 3        discloses information identifying the birth parent  shall
 4        be  liable  to  the  birth parent for actual damages plus
 5        minimum punitive damages of $10,000.
 6        (i)  Death of birth  parent.  Notwithstanding  any  other
 7    provision  of  this  Act,  if  the  confidential intermediary
 8    discovers that the person  whose  assistance  is  sought  has
 9    died,  he  or  she shall report this fact to the court, along
10    with a copy of the death certificate.
11    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

12        (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
13        Sec. 18.4.  (a) The agency, Department  of  Children  and
14    Family Services, Court Supportive Services, Juvenile Division
15    of  the  Circuit  Court,  or  the  Probation  Officers of the
16    Circuit Court involved in the adoption proceedings shall give
17    in writing  the  following  non-identifying  information,  if
18    known,  to  the  adoptive  parents not later than the date of
19    placement with the petitioning adoptive parents:  (i) age  of
20    biological  parents;  (ii)  their  race,  religion and ethnic
21    background; (iii) general physical appearance  of  biological
22    parents; (iv) their education, occupation, hobbies, interests
23    and  talents; (v) existence of any other children born to the
24    biological  parents;  (vi)   information   about   biological
25    grandparents;  reason  for emigrating into the United States,
26    if applicable, and  country  of  origin;  (vii)  relationship
27    between  biological  parents; and (viii) detailed medical and
28    mental health histories of the child, the biological parents,
29    and their immediate relatives; and (ix) the actual  date  and
30    place   of   birth   of  the  adopted  person.   However,  no
31    information provided under this subsection shall disclose the
32    name  or  last  known  address  of  the  biological  parents,
33    grandparents, the siblings of  the  biological  parents,  the
 
                            -20-     LRB093 07707 LCB 16793 a
 1    adopted person, or any other relative of the adopted person.
 2        (b)  Any  adoptee  18 years of age or over shall be given
 3    the information in subsection (a) upon request.
 4        (c)  The Illinois Adoption  Registry  shall  release  any
 5    non-identifying  information  listed  in  (a) of this Section
 6    that appears on the certified  copy  of  the  original  birth
 7    certificate  or  the  Certificate  of  Adoption to an adopted
 8    person,  adoptive  parent,  or  legal  guardian  who   is   a
 9    registrant of the Illinois Adoption Registry.
10        (d)  The  Illinois  Adoption  Registry  shall release the
11    actual date and place of birth of an adopted person who is 21
12    years of age or over  to the birth parent if the birth parent
13    is a registrant of the Illinois  Adoption  Registry  and  has
14    completed a Medical Information Exchange Authorization.
15        (e)  The   Illinois   Adoption   Registry  shall  release
16    information regarding the date the adoption was finalized and
17    the county in which the adoption was finalized to a certified
18    confidential intermediary upon submission of a court order.
19        (f)  In  cases  where  the  Illinois  Adoption   Registry
20    possesses  information  indicating that an adopted person who
21    is 21 years of age or over was adopted in a state other  than
22    Illinois  or  a  country  other  than  the United States, the
23    Illinois Adoption Registry shall  release  the  name  of  the
24    state  or  country  where  the adoption was finalized and, if
25    available,  the  agency  involved  in  the  adoption   to   a
26    registrant  of  the  Illinois Adoption Registry, provided the
27    registrant is not the subject  of  a  Denial  of  Information
28    Exchange   and   the   registrant  has  completed  a  Medical
29    Information Exchange Authorization.
30        (g) (c)  Any of the above available information  for  any
31    adoption  proceedings  completed before the effective date of
32    this Act shall be supplied to  the  adoptive  parents  or  an
33    adoptee 18 years of age or over upon request.
34        (h)  (d)  The  agency,  Department of Children and Family
 
                            -21-     LRB093 07707 LCB 16793 a
 1    Services, Court Supportive Services, Juvenile Division of the
 2    Circuit Court, the Probation Officers of  the  Circuit  Court
 3    and  any  other  governmental  bodies having any of the above
 4    information shall retain the file  until  the  adoptee  would
 5    have reached the age of 99 years.
 6    (Source: P.A. 87-617.)".