Full Text of HB4623 95th General Assembly
HB4623eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by changing Sections | 5 |
| 18.04, 18.05, 18.06, 18.07, 18.1, 18.1a, 18.1b, 18.2, 18.3, | 6 |
| 18.3a, 18.5, and 18.6 as follows:
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| (750 ILCS 50/18.04)
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| Sec. 18.04. Original Birth Certificate Access The Illinois | 9 |
| Adoption Registry and Medical Information
Exchange ; | 10 |
| legislative intent. The General Assembly recognizes that it is | 11 |
| the basic right of all persons to access their birth records, | 12 |
| and, to this end, supports public policy that allows an adult | 13 |
| adoptee to access his or her original birth certificate. The | 14 |
| General Assembly further recognizes that there are | 15 |
| circumstances under which a birth parent may have compelling | 16 |
| reasons for wishing to remain anonymous to a child he or she | 17 |
| surrendered for adoption. In an effort to balance these | 18 |
| interests, the General Assembly supports public policy that | 19 |
| releases a non-certified copy of the original birth certificate | 20 |
| to an adult adopted person upon request unless a specific | 21 |
| request for anonymity has been filed with the Registry by a | 22 |
| birth parent named on the original birth certificate the | 23 |
| importance
of creating a procedure by which mutually consenting |
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| adult members of birth
and adoptive
families, and adult adopted | 2 |
| or
surrendered persons may voluntarily exchange vital medical | 3 |
| information
throughout the life of the adopted or surrendered | 4 |
| person. The General Assembly
supports public policy that | 5 |
| requires explicit mutual consent prior to the
release of | 6 |
| confidential information. The General Assembly
further | 7 |
| recognizes that it is in the best interest of adopted and | 8 |
| surrendered
persons that birth family medical histories and the | 9 |
| preferences regarding
contact of all parties to an adoption be | 10 |
| compiled, preserved and provided
to mutually consenting | 11 |
| members of birth and adoptive families .
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| (Source: P.A. 94-173, eff. 1-1-06.)
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| (750 ILCS 50/18.05)
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| Sec. 18.05. The Illinois Adoption Registry and Medical | 15 |
| Information
Exchange. | 16 |
| (a) General function. Subject to appropriation, the | 17 |
| Department of Public
Health shall administer the Illinois | 18 |
| Adoption Registry and
Medical Information Exchange in the | 19 |
| manner outlined in subsections
(b) and (c) for the purpose of | 20 |
| facilitating the voluntary exchange of identifying and
medical | 21 |
| information between mutually consenting members of birth and | 22 |
| adoptive families.
The Department shall establish rules for the | 23 |
| confidential operation of the
Illinois Adoption
Registry. The | 24 |
| Department shall conduct a public
information campaign through | 25 |
| public service announcements
and other forms of media coverage |
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| and, until December 31, 2010, through
notices enclosed with | 2 |
| driver's
license renewal applications, shall inform
the public | 3 |
| of
the Illinois Adoption Registry and Medical Information | 4 |
| Exchange. From October 1, 2008, to April 1, 2009, such | 5 |
| information campaign shall expressly inform the public of the | 6 |
| circumstances under which an adult adopted or surrendered | 7 |
| person may receive a non-certified copy of his or her original | 8 |
| birth certificate and any procedures pursuant to which a birth | 9 |
| parent may file a Birth Parent Preference Form to express his | 10 |
| or her preferences with respect to contact and the release of | 11 |
| identifying information that appears on the original birth | 12 |
| certificate. The Illinois
Adoption
Registry shall also
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| maintain an informational Internet site where interested | 14 |
| parties may access
information about the Illinois Adoption | 15 |
| Registry and Medical Information
Exchange and download all | 16 |
| necessary application forms. The Illinois Adoption
Registry
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| shall maintain statistical records regarding Registry | 18 |
| participation and publish
and circulate to the public
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| informational material
about the function and operation of the | 20 |
| Registry.
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| (b) Establishment of the Adoption/Surrender Records File. | 22 |
| When a person has
voluntarily registered with
the Illinois | 23 |
| Adoption Registry and completed an Illinois Adoption Registry
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| Application or a Registration Identification Form, the | 25 |
| Registry shall establish
a
new Adoption/Surrender Records | 26 |
| File. Such file may concern
an adoption that was finalized by a |
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| court action in the State of Illinois, an
adoption of a person | 2 |
| born in Illinois finalized
by a court action in a state other | 3 |
| than Illinois or in a foreign country, a
surrender taken in the | 4 |
| State of Illinois, or an adoption filed according to Section | 5 |
| 16.1 of the Vital Records Act under a Record of Foreign Birth | 6 |
| that was not finalized by a court action in the State of | 7 |
| Illinois. Such file may be established for
adoptions or | 8 |
| surrenders finalized prior to as well as after the effective | 9 |
| date
of this amendatory Act. A file may be created in
any | 10 |
| manner to preserve documents including but not limited to | 11 |
| microfilm,
optical imaging, or electronic documents.
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| (c) Contents of the Adoption/Surrender Records File. An | 13 |
| established
Adoption/Surrender
Records File shall be limited | 14 |
| to the following items, to the extent that they
are
available:
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| (1) The General Information Section and Medical | 16 |
| Information Exchange
Questionnaire of any Illinois | 17 |
| Adoption Registry Application or a Registration
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| Identification
Form which
has been voluntarily completed | 19 |
| by any registered party.
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| (2) Any photographs
voluntarily provided
by any | 21 |
| registrant for any other registered party at the
time of | 22 |
| registration or any time thereafter.
All such photographs | 23 |
| shall be submitted in an unsealed
envelope no larger than 8 | 24 |
| 1/2" x 11", and shall not include identifying
information | 25 |
| pertaining to any person other than the registrant
who | 26 |
| submitted them.
Any such identifying information shall be |
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| redacted by the Department or the
information shall be | 2 |
| returned for removal of identifying information.
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| (3) Any Information Exchange Authorization , or Denial | 4 |
| of Information
Exchange , or Birth Parent Preference Form
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| which has been filed by a registrant.
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| (4) For all adoptions finalized after January 1, 2000, | 7 |
| copies of the
original certificate of live birth and the | 8 |
| certificate
of adoption.
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| (5) Any updated address submitted by any registered | 10 |
| party about himself or
herself.
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| (6) Any proof of death that which has been submitted by | 12 |
| a registrant.
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| (7) Any birth certificate that has been submitted by a | 14 |
| registrant.
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| (8) Any marriage certificate that has been submitted by | 16 |
| a registrant.
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| (9) Any proof of guardianship that has been submitted | 18 |
| by a registrant.
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| (10) Any Request for a Non-Certified Copy of an | 20 |
| Original Birth Certificate that has been filed with the | 21 |
| Registry by an adult adopted or surrendered person or by a | 22 |
| surviving adult child or surviving spouse of a deceased | 23 |
| adopted or surrendered person who has registered with the | 24 |
| Registry. | 25 |
| (d) An established Adoption/Surrender Records File for an | 26 |
| adoption filed in Illinois under a Record of Foreign Birth that |
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| was not finalized in a court action in the State of Illinois | 2 |
| shall be limited to the following items submitted to the State | 3 |
| Registrar of Vital Records under Section 16.1 of the Vital | 4 |
| Records Act, to the extent that they are available: | 5 |
| (1) Evidence as to the child's birth date and | 6 |
| birthplace (including the country of birth and, if | 7 |
| available, the city and province of birth) provided by the | 8 |
| original birth certificate, or by a certified copy, | 9 |
| extract, or translation thereof or by other document | 10 |
| essentially equivalent thereto (the records of the U.S. | 11 |
| Immigration and Naturalization Service or of the U.S. | 12 |
| Department of State to be considered essentially | 13 |
| equivalent thereto). | 14 |
| (2) A certified copy, extract, or translation of the | 15 |
| adoption decree or other document essentially equivalent | 16 |
| thereto (the records of the U.S. Immigration and | 17 |
| Naturalization Service or of the U.S. Department of State | 18 |
| to be considered essentially equivalent thereto). | 19 |
| (3) A copy of the IR-3 visa. | 20 |
| (4) The name and address of the adoption agency that | 21 |
| handled the adoption.
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| (Source: P.A. 94-173, eff. 1-1-06; 94-430, eff. 8-2-05; 95-331, | 23 |
| eff. 8-21-07.)
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| (750 ILCS 50/18.06)
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| Sec. 18.06. Definitions. When used in Sections
18.05 |
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| through Section 18.6, for the purposes of the Registry:
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| "Adopted person" means a person who was adopted
pursuant to | 3 |
| the laws in effect at the time of the adoption.
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| "Adoptive parent" means a person who has become a parent | 5 |
| through the legal
process of adoption.
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| "Adult child" means the biological child 21 years of age or | 7 |
| over of a deceased adopted or surrendered person.
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| "Adult Adopted or Surrendered Person" means an adopted or | 9 |
| surrendered person 21 years of age or over. | 10 |
| "Agency" means a public child welfare agency or a licensed | 11 |
| child welfare
agency.
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| "Birth aunt" means the adult full or half sister of a | 13 |
| deceased birth parent.
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| "Birth father" means the biological father of an adopted or | 15 |
| surrendered
person who is named on the original certificate of | 16 |
| live birth or on a consent
or surrender document, or a | 17 |
| biological father whose paternity has been
established by a | 18 |
| judgment or order of the court, pursuant to the Illinois
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| Parentage Act of 1984.
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| "Birth mother" means the biological mother of an adopted or | 21 |
| surrendered
person.
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| "Birth parent" means a birth mother or birth father of an | 23 |
| adopted or
surrendered person.
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| "Birth Parent Preference Form" means the form prepared by | 25 |
| the Department of Public Health pursuant to Section 18.2 | 26 |
| completed by a birth parent registrant and filed with the |
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| Registry that indicates the birth parent's preferences | 2 |
| regarding contact and the release of his or her identifying | 3 |
| information on the non-certified copy of the original birth | 4 |
| certificate released to an adult adopted or surrendered person | 5 |
| or to the surviving adult child or surviving spouse of a | 6 |
| deceased adopted or surrendered person who has filed a Request | 7 |
| for a Non-Certified Copy of an Original Birth Certificate. | 8 |
| "Birth relative" means a birth mother, birth father, birth | 9 |
| sibling, birth aunt, or birth uncle.
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| "Birth sibling" means the adult full or half sibling
of an | 11 |
| adopted or
surrendered person.
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| "Birth uncle" means the adult full or half brother of a | 13 |
| deceased birth parent.
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| "Confidential Intermediary" means an individual certified | 15 |
| by the Department of Children and Family Services pursuant to | 16 |
| Sec. 18.3a(e). | 17 |
| "Denial of Information Exchange" means an affidavit | 18 |
| completed by a
registrant with the Illinois Adoption Registry | 19 |
| and Medical Information Exchange
denying the release of | 20 |
| identifying information which has been filed with the Registry .
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| "Information Exchange Authorization" means
an affidavit | 22 |
| completed by a registrant with the Illinois Adoption Registry | 23 |
| and
Medical Information Exchange authorizing the release of | 24 |
| identifying
information which has been filed with the Registry .
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| "Medical Information Exchange Questionnaire" means the | 26 |
| medical
history
questionnaire completed by a registrant of the |
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| Illinois Adoption Registry and
Medical Information Exchange.
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| "Non-certified Copy of the Original Birth Certificate" | 3 |
| means a non-certified copy of the original certificate of live | 4 |
| birth of an adult adopted or surrendered person who was born in | 5 |
| Illinois. | 6 |
| "Proof of death" means a death certificate.
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| "Registrant" or "Registered Party" means a birth parent, | 8 |
| birth sibling,
birth aunt, birth uncle, adopted or surrendered | 9 |
| person 21 years of age or over, adoptive parent or legal
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| guardian of an adopted or surrendered person under the age of | 11 |
| 21, or adoptive parent, surviving spouse, or adult child of a | 12 |
| deceased adopted or surrendered person who has filed
an | 13 |
| Illinois Adoption Registry Application or Registration | 14 |
| Identification Form
with the Registry.
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| "Registry" means the Illinois Adoption Registry and | 16 |
| Medical Information Exchange. | 17 |
| "Request for a Non-Certified Copy of an Original Birth | 18 |
| Certificate" means an affidavit completed by an adult adopted | 19 |
| or surrendered person or by the surviving adult child or | 20 |
| surviving spouse of a deceased adopted or surrendered person | 21 |
| and filed with the Registry requesting a non-certified copy of | 22 |
| an adult adopted or surrendered person's original certificate | 23 |
| of live birth in Illinois. | 24 |
| "Surrendered person" means a person whose parents' rights | 25 |
| have been
surrendered or terminated but who has not been | 26 |
| adopted.
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| "Surviving spouse" means the wife or husband of a deceased | 2 |
| adopted or surrendered person who has one or more biological | 3 |
| children under the age of 21.
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| "18.3 Statement" means a statement regarding the | 5 |
| disclosure of identifying information signed by a birth parent | 6 |
| under former Section 18.3 of the Adoption Act prior to the | 7 |
| enactment of this Section. | 8 |
| (Source: P.A. 94-173, eff. 1-1-06.)
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| (750 ILCS 50/18.07)
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| Sec. 18.07. Adoption Registry Advisory Council. There is | 11 |
| established an
Adoption Registry Advisory Council. The Council | 12 |
| shall meet twice yearly, and at least once yearly jointly with | 13 |
| the Confidential Intermediary Advisory Council. The Council | 14 |
| shall be chaired by the
Director of the Department of Public | 15 |
| Health or his designee. The Council shall
include the Director | 16 |
| of the Department of Children and Family Services or his
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| designee. The Council shall also include one representative | 18 |
| from each of the
following organizations:
Adoption Advocates of | 19 |
| Illinois, Adoptive Families Today, American Adoption
Congress, | 20 |
| Catholic Conference of Illinois, Chicago Area Families for | 21 |
| Adoption,
Chicago Bar Association, Child Care Association of | 22 |
| Illinois, Children
Remembered, Inc., Children's Home and Aid | 23 |
| Society of Illinois, Child Welfare
Advisory Council, The | 24 |
| Cradle, Healing Hearts, Illinois Foster Parents
Association, | 25 |
| Illinois State Bar Association, Illinois State Medical |
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| Society,
Jewish Children's Bureau, Kids Help Foundation, LDS | 2 |
| Social Services, Lutheran
Social Services of Illinois, | 3 |
| Maryville Academy, Midwest Adoption Center, St.
Mary's | 4 |
| Services, Stars of David, and Truthseekers in Adoption.
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| If any one of the above named organizations notifies the | 6 |
| Director of the
Department of Public Health in writing that the | 7 |
| organization does not wish to
participate on the Advisory | 8 |
| Council or that the organization is no longer
functioning, the | 9 |
| Director shall appoint another organization that represents
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| the same constituency as the named organization to replace the | 11 |
| named
organization on the Council.
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| The Council's responsibilities shall include the
following:
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| 1) Advising the Department on the development of rules, | 14 |
| procedures, and
forms
utilized by the
Illinois Adoption | 15 |
| Registry and Medical Information Exchange;
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| 2) Making recommendations regarding the procedures, | 17 |
| tools and technology
that
will ensure efficient and | 18 |
| effective operation of the Registry;
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| 3) Submitting a report to the Governor and the General | 20 |
| Assembly no later
than
January 1, 2001, on the status of | 21 |
| the Registry, an evaluation of the
effectiveness of the | 22 |
| Registry, and pertinent statistics regarding the Registry;
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| 3) 4) Assisting the Department with the development, | 24 |
| publication, and
circulation
of an informational pamphlet | 25 |
| that describes the purpose, function, and
mechanics of the | 26 |
| Illinois Adoption Registry and Medical Information |
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| Exchange,
including information about who is eligible to | 2 |
| register and how to register;
information about the | 3 |
| questions and concerns that registrants may
develop when | 4 |
| they register or when they receive information from the | 5 |
| Registry;
and a list of services, programs, groups, and | 6 |
| informational websites
that are available to assist | 7 |
| registrants with their questions and concerns ; .
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| 4) Collecting statistical data and empirical | 9 |
| information concerning the procedures in the Registry | 10 |
| including, but not limited to, data concerning the filing | 11 |
| of Denials of Information Exchange, Information Exchange | 12 |
| Authorizations, Requests for a Non-Certified Copy of an | 13 |
| Original Birth Certificate and Birth Parent Preference | 14 |
| Forms. | 15 |
| (Source: P.A. 91-417, eff. 1-1-00.)
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| (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
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| Sec. 18.1. Disclosure of identifying information.
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| (a) The Department of Public Health shall establish and | 19 |
| maintain a
Registry for the purpose of allowing providing | 20 |
| identifying information to mutually
consenting members of | 21 |
| birth and adoptive families to exchange identifying and medical | 22 |
| information . Identifying information for
the purpose of this | 23 |
| Act shall mean any one or more of the following:
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| (1) The name and last known address of the consenting | 25 |
| person or persons.
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| (2) A copy of the Illinois Adoption Registry | 2 |
| Application of the
consenting person or persons.
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| (3) A non-certified copy of the original birth | 4 |
| certificate of live birth of an adult the adopted
or | 5 |
| surrendered person.
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| (b) Written authorization from all parties identified must | 7 |
| be received prior
to disclosure of any identifying information , | 8 |
| with the exception of non-certified copies of original birth | 9 |
| certificates released to adult adopted or surrendered persons | 10 |
| or to surviving adult children and surviving spouses of | 11 |
| deceased adopted or surrendered persons pursuant to the | 12 |
| procedures outlined in Section 18.1b(e) .
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| (c) (b) At any time after a child is surrendered for | 14 |
| adoption, or at any
time during the adoption proceedings or at | 15 |
| any time thereafter, either
birth parent or both of them may | 16 |
| file with the Registry a Birth
Parent Registration | 17 |
| Identification Form and an Information Exchange
Authorization | 18 |
| or a Denial of Information Exchange.
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| (d) (b-5) A birth sibling 21 years of age or over who was | 20 |
| not surrendered for
adoption and who has submitted a copy of | 21 |
| his or her birth certificate as well as proof of death for a | 22 |
| deceased birth parent
and such birth parent did not file a | 23 |
| Denial of Information Exchange with the
Registry prior to his | 24 |
| or her death may file a Registration Identification Form
and an | 25 |
| Information Exchange Authorization or a Denial of Information | 26 |
| Exchange.
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| (e) (b-7) A birth aunt or birth uncle who has submitted | 2 |
| birth certificates for himself or herself and for a deceased | 3 |
| birth parent naming at least one common biological parent as | 4 |
| well as proof of death for the deceased birth parent and such | 5 |
| birth parent did not file a Denial of Information Exchange with | 6 |
| the Registry prior to his or her death may file a Registration | 7 |
| Identification Form and an Information Exchange Authorization | 8 |
| or a Denial of Information Exchange.
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| (f) (c) Any adopted person 21 years of age or over, any | 10 |
| surrendered person
21 years of age or over, or any adoptive | 11 |
| parent or legal guardian of an
adopted or surrendered person | 12 |
| under the age of 21 may file with the Registry
a Registration | 13 |
| Identification Form and an Information Exchange Authorization
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| or a Denial of Information Exchange.
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| (g) (c-3) Any adult child 21 years of age or over of a | 16 |
| deceased adopted or surrendered person who has submitted a copy | 17 |
| of his or her birth certificate naming an adopted or | 18 |
| surrendered person as his or her biological parent as well as | 19 |
| proof of death for the deceased adopted or surrendered person | 20 |
| and such adopted or surrendered person did not file a Denial of | 21 |
| Information Exchange with the Registry prior to his or her | 22 |
| death may file a Registration Identification Form and an | 23 |
| Information Exchange Authorization or a Denial of Information | 24 |
| Exchange.
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| (h) (c-5) Any surviving spouse of a deceased adopted or | 26 |
| surrendered person 21 years of age or over who has submitted |
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| proof of death for the deceased adopted or surrendered person | 2 |
| and such adopted or surrendered person did not file a Denial of | 3 |
| Information Exchange with the Registry prior to his or her | 4 |
| death as well as a birth certificate naming themselves and the | 5 |
| adopted or surrendered person as the parents of a minor child | 6 |
| under the age of 21 may file a Registration Identification Form | 7 |
| and an Information Exchange Authorization or a Denial of | 8 |
| Information Exchange.
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| (i) (c-7) Any adoptive parent or legal guardian of a | 10 |
| deceased adopted or surrendered person 21 years of age or over | 11 |
| who has submitted proof of death as well as proof of parentage | 12 |
| or guardianship for the deceased adopted or surrendered person | 13 |
| and such adopted or surrendered person did not file a Denial of | 14 |
| Information Exchange with the Registry prior to his or her | 15 |
| death may file a Registration Identification Form and an | 16 |
| Information Exchange Authorization or a Denial of Information | 17 |
| Exchange.
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| (j) (d) The Department of Public Health shall supply to the | 19 |
| adopted or
surrendered person or his or her adoptive parents, | 20 |
| legal guardians, adult children or surviving spouse, and
to the | 21 |
| birth parents identifying information only if both the adopted | 22 |
| or
surrendered person, or one of his or her adoptive parents, | 23 |
| legal guardians, adult children or his or her surviving spouse, | 24 |
| and
the birth parents have filed with the Registry an | 25 |
| Information Exchange
Authorization and the information at the | 26 |
| Registry indicates that the
consenting adopted or surrendered |
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| person, the child of the consenting
adoptive parents or legal | 2 |
| guardians, the parent of the consenting adult child of the | 3 |
| adopted or surrendered person, or the deceased wife or husband | 4 |
| of the consenting surviving spouse
is the child of the | 5 |
| consenting birth
parents , except identifying information that | 6 |
| appears on a non-certified copy of an original birth | 7 |
| certificate may be provided to an adult adopted or surrendered | 8 |
| person or to the surviving adult child or surviving spouse of a | 9 |
| deceased adopted or surrendered person pursuant to the | 10 |
| procedures outlined in Section 18.1b(e) of this Act .
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| The Department of Public Health shall supply to adopted or | 12 |
| surrendered
persons who are birth siblings identifying | 13 |
| information only if both siblings
have filed with the Registry | 14 |
| an Information Exchange Authorization and the
information at | 15 |
| the Registry indicates that the consenting siblings have one
or | 16 |
| both birth parents in common. Identifying information shall be | 17 |
| supplied to
consenting birth siblings who were adopted or | 18 |
| surrendered if any such sibling
is 21 years of age or over. | 19 |
| Identifying information shall be supplied to
consenting birth | 20 |
| siblings who were not adopted or surrendered if any such
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| sibling is 21 years of age or over and has proof of death of the | 22 |
| common birth
parent and such birth parent did not file a Denial | 23 |
| of Information Exchange
with the Registry prior to his or her | 24 |
| death.
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| (k) (d-3) The Department of Public Health shall supply to | 26 |
| the adopted or surrendered person or his or her adoptive |
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| parents, legal guardians, adult children or surviving spouse, | 2 |
| and to a birth aunt identifying information only if both the | 3 |
| adopted or surrendered person or one of his or her adoptive | 4 |
| parents, legal guardians, adult children or his or her | 5 |
| surviving spouse, and the birth aunt have filed with the | 6 |
| Registry an Information Exchange Authorization and the | 7 |
| information at the Registry indicates that the consenting | 8 |
| adopted or surrendered person, or the child of the consenting | 9 |
| adoptive parents or legal guardians, or the parent of the | 10 |
| consenting adult child, or the deceased wife or husband of the | 11 |
| consenting surviving spouse of the adopted or surrendered | 12 |
| person is or was the child of the brother or sister of the | 13 |
| consenting birth aunt.
| 14 |
| (l) (d-5) The Department of Public Health shall supply to | 15 |
| the adopted or surrendered person or his or her adoptive | 16 |
| parents, legal guardians, adult children or surviving spouse, | 17 |
| and to a birth uncle identifying information only if both the | 18 |
| adopted or surrendered person or one of his or her adoptive | 19 |
| parents, legal guardians, adult children or his or her | 20 |
| surviving spouse, and the birth uncle have filed with the | 21 |
| Registry an Information Exchange Authorization and the | 22 |
| information at the Registry indicates that the consenting | 23 |
| adopted or surrendered person, or the child of the consenting | 24 |
| adoptive parents or legal guardians, or the parent of the | 25 |
| consenting adult child, or the deceased wife or husband of the | 26 |
| consenting surviving spouse of the adopted or surrendered |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| person is or was the child of the brother or sister of the | 2 |
| consenting birth uncle.
| 3 |
| (m) (e) A registrant
may notify the Registry of his or her
| 4 |
| desire not to have identifying information his or her identity | 5 |
| revealed or may revoke any previously
filed Information | 6 |
| Exchange Authorization by completing and filing with the
| 7 |
| Registry a Registry Identification Form along with a Denial of | 8 |
| Information
Exchange. The Illinois Adoption Registry | 9 |
| Application does not need to be
completed in order to file a | 10 |
| Denial of Information Exchange. Any registrant , except a birth | 11 |
| parent, may revoke his or her Denial of Information Exchange by | 12 |
| filing
an Information Exchange Authorization. A birth parent | 13 |
| may revoke a Denial of Information Exchange by filing a Birth | 14 |
| Parent Preference Form. Any birth parent who has previously | 15 |
| filed a Birth Parent Preference Form where Option E was | 16 |
| selected may revoke such preference by filing a subsequent | 17 |
| Birth Parent Preference Form and selecting Option A, B, C, or | 18 |
| D. The Department of Public Health shall
act in accordance with | 19 |
| the most recently filed affidavit Authorization .
| 20 |
| (n) (f) Identifying information ascertained from the | 21 |
| Registry shall be
confidential and may be disclosed only (1) | 22 |
| upon a Court Order, which order
shall name the person or | 23 |
| persons entitled to the information, or (2) to a registrant who | 24 |
| is the subject of an Information Exchange
Authorization that | 25 |
| was completed by another registrant and filed with the Illinois | 26 |
| Adoption Registry and Medical Information Exchange, or (3) as |
|
|
|
HB4623 Engrossed |
- 19 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| authorized under subsection (h) of Section 18.3 of
this Act , or | 2 |
| (4) pursuant to the procedures outlined in Section 18.1b(e) of | 3 |
| this Act . A copy of the certificate of live birth shall only be | 4 |
| released
to an adopted or surrendered
person who was born in | 5 |
| Illinois and who is the subject of an
Information Exchange | 6 |
| Authorization filed by one of his or her birth relatives. Any | 7 |
| person who willfully provides unauthorized
disclosure of any | 8 |
| information filed with the Registry or who knowingly or
| 9 |
| intentionally files false information with the Registry shall | 10 |
| be guilty of
a Class A misdemeanor and shall be liable for | 11 |
| damages.
| 12 |
| (o) (g) If information is disclosed pursuant to this Act, | 13 |
| the Department shall
redact it to remove any identifying | 14 |
| information about any party who has not
consented to the | 15 |
| disclosure of such identifying information , and in the case of | 16 |
| identifying information on the original birth certificate, | 17 |
| pursuant to Section 18.1b(e) of this Act .
| 18 |
| (Source: P.A. 94-173, eff. 1-1-06.)
| 19 |
| (750 ILCS 50/18.1a)
| 20 |
| Sec. 18.1a. Registry matches.
| 21 |
| (a) The Registry shall release identifying information, as | 22 |
| specified on
the applicant's Information Exchange | 23 |
| Authorization, to the following
mutually consenting registered | 24 |
| parties
and provide them with any photographs or correspondence | 25 |
| which have been placed in the
Adoption/Surrender Records File |
|
|
|
HB4623 Engrossed |
- 20 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| and
are specifically intended for the registered parties:
| 2 |
| (i) an adult adopted or surrendered person and one of | 3 |
| his or her birth
relatives who have both filed an | 4 |
| applicable Information
Exchange Authorization specifying | 5 |
| the other consenting party with the Registry,
if
| 6 |
| information available to the Registry
confirms that the | 7 |
| consenting adopted or surrendered person is biologically | 8 |
| related to the consenting birth relative;
| 9 |
| (ii) the adoptive parent or legal guardian of an | 10 |
| adopted or surrendered
person under the age of 21
and one | 11 |
| of the adopted or surrendered person's birth relatives who
| 12 |
| have both filed an Information Exchange Authorization | 13 |
| specifying the other
consenting party with the Registry, if
| 14 |
| information available to the Registry confirms that the | 15 |
| child of the consenting
adoptive parent or legal guardian | 16 |
| is biologically related to the
consenting
birth relative; | 17 |
| and
| 18 |
| (iii) the adoptive parent, adult child or surviving | 19 |
| spouse of a deceased adopted or surrendered person, and one | 20 |
| of the adopted or surrendered person's birth relatives who | 21 |
| have both filed an applicable Information Exchange | 22 |
| Authorization specifying the other consenting party with | 23 |
| the Registry, if information available to the Registry | 24 |
| confirms that child of the consenting adoptive parent, the | 25 |
| parent of the consenting adult child or the deceased wife | 26 |
| or husband of the consenting surviving spouse of the |
|
|
|
HB4623 Engrossed |
- 21 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| adopted or surrendered person was biologically related to | 2 |
| the consenting birth relative.
| 3 |
| (b) If a registrant is the subject of a Denial of
| 4 |
| Information Exchange filed by another registered party, the | 5 |
| Registry shall
not release identifying information to either | 6 |
| registrant with the exception of non-certified copies of the | 7 |
| original birth certificate released under Section 18.1b(e), | 8 |
| and as to a birth parent who has prohibited release of | 9 |
| identifying information on the original birth certificate to | 10 |
| the adult adopted or surrendered person, upon the death of said | 11 |
| birth parent .
| 12 |
| (c) If a registrant has completed a Medical Information | 13 |
| Exchange
Questionnaire and has consented to its disclosure, | 14 |
| that Questionnaire shall be
released to any registered party | 15 |
| who has indicated their desire to receive such
information on | 16 |
| his or her Illinois Adoption Registry Application, if
| 17 |
| information available to the Registry
confirms that the | 18 |
| consenting parties are biologically related, that the | 19 |
| consenting
birth relative and the child of the consenting | 20 |
| adoptive parents or legal
guardians are birth relatives, or | 21 |
| that the consenting birth relative and the deceased wife or | 22 |
| husband of the consenting surviving spouse are birth relatives.
| 23 |
| (Source: P.A. 94-173, eff. 1-1-06.)
| 24 |
| (750 ILCS 50/18.1b)
| 25 |
| Sec. 18.1b. The Illinois Adoption Registry Application. |
|
|
|
HB4623 Engrossed |
- 22 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| The Illinois
Adoption Registry Application shall substantially | 2 |
| include the following:
| 3 |
| (a) General Information. The Illinois Adoption Registry
| 4 |
| Application shall include the space to provide Information | 5 |
| about the registrant
including his or her
surname, given name | 6 |
| or names, social security number (optional), mailing
address, | 7 |
| home telephone number, gender, date and place of birth, and the | 8 |
| date
of registration. If applicable and known
to the | 9 |
| registrant, he or she may include the maiden surname of the
| 10 |
| birth mother, any subsequent surnames of the birth mother, the | 11 |
| surname of the
birth father, the given name or names of the | 12 |
| birth parents, the dates and
places of birth of the birth | 13 |
| parents, the surname and given name or names of
the adopted | 14 |
| person prior to adoption, the gender and date and place of | 15 |
| birth of
the adopted or surrendered person, the name of the | 16 |
| adopted person following
his or her adoption and the state and | 17 |
| county where the judgment of adoption was
finalized.
| 18 |
| (b) Medical Information Exchange Questionnaire. In | 19 |
| recognition of
the importance of medical information and of | 20 |
| recent discoveries regarding the
genetic origin of many medical | 21 |
| conditions and diseases all registrants shall be
asked to | 22 |
| voluntarily complete a Medical
Information Exchange | 23 |
| Questionnaire.
| 24 |
| (1) For birth relatives, the Medical Information | 25 |
| Exchange
Questionnaire
shall
include a comprehensive | 26 |
| check-list of medical
conditions and diseases including |
|
|
|
HB4623 Engrossed |
- 23 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| those of genetic origin. Birth relatives shall be asked to | 2 |
| indicate all genetically-inherited diseases
and
conditions | 3 |
| on this
list which are known to exist in the adopted or | 4 |
| surrendered person's birth
family at the time of | 5 |
| registration.
In addition, all birth relatives
shall be | 6 |
| apprised of the Registry's provisions for voluntarily | 7 |
| submitting
information about their and their family's | 8 |
| medical
histories on a confidential, ongoing basis.
| 9 |
| (2) Adopted and surrendered persons and their adoptive | 10 |
| parents, legal
guardians, adult children, and surviving | 11 |
| spouses shall be asked to indicate all
| 12 |
| genetically-inherited diseases and medical conditions with | 13 |
| which the adopted or
surrendered person or, if applicable, | 14 |
| his or her children have been diagnosed
since birth.
| 15 |
| (3) The Medical Information Exchange Questionnaire
| 16 |
| shall include a space where the registrant may authorize | 17 |
| the release of the
Medical Information Exchange | 18 |
| Questionnaire to specified registered parties and a
| 19 |
| disclaimer
informing registrants that the Department of | 20 |
| Public Health cannot guarantee the
accuracy of medical | 21 |
| information exchanged through the Registry.
| 22 |
| (c) Written statement. All registrants shall be given the
| 23 |
| opportunity to voluntarily file a written statement with the | 24 |
| Registry. This
statement
shall be submitted in the space | 25 |
| provided.
No written statement submitted to the Registry
shall | 26 |
| include identifying information pertaining to any person other |
|
|
|
HB4623 Engrossed |
- 24 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| than the
registrant who submitted it.
Any such identifying | 2 |
| information shall be redacted by the Department or
returned for | 3 |
| removal of identifying information.
| 4 |
| (d) Exchange of Contact information. All registrants may | 5 |
| indicate their
wishes regarding contact and the exchange of | 6 |
| identifying and/or medical information with any other | 7 |
| registrant by completing an
Information Exchange Authorization | 8 |
| or a Denial of Information Exchange.
| 9 |
| (1) Information Exchange Authorization. Adopted or | 10 |
| surrendered persons 21
years of age or over who are | 11 |
| interested in exchanging identifying and/or medical | 12 |
| information or would welcome contact with one or more of | 13 |
| their
birth relatives; birth parents
who are interested in | 14 |
| exchanging identifying and/or medical information or would | 15 |
| welcome contact with an adopted or surrendered
person 21 | 16 |
| years of age or over, or one or more of his or her adoptive | 17 |
| parents, legal guardians, adult children, or a surviving | 18 |
| spouse;
birth siblings 21 years of age or over who were | 19 |
| adopted or surrendered and who
are interested in exchanging | 20 |
| identifying and/or medical information or would welcome | 21 |
| contact with an adopted or surrendered person, or one or | 22 |
| more of
his or her adoptive parents, legal guardians, adult | 23 |
| children, or a surviving spouse; birth siblings 21 years of | 24 |
| age
or
over who were not surrendered and who have submitted | 25 |
| proof of death for any
common
birth parent
who did not file | 26 |
| a Denial of Information Exchange prior to his or her death,
|
|
|
|
HB4623 Engrossed |
- 25 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| and who are interested in exchanging identifying and/or | 2 |
| medical information or would welcome contact with an | 3 |
| adopted or surrendered person, or one or
more of his or her | 4 |
| adoptive parents,
legal guardians, adult children, or a | 5 |
| surviving spouse; birth aunts and birth uncles 21 years of | 6 |
| age or over who have submitted birth certificates for | 7 |
| themselves and a deceased birth parent naming at least one | 8 |
| common biological parent as well as proof of death for a | 9 |
| deceased birth parent who did not file a Denial of | 10 |
| Information Exchange prior to his or her death and who are | 11 |
| interested in exchanging identifying and/or medical | 12 |
| information or would welcome contact with an adopted or | 13 |
| surrendered person 21 years of age or over, or one or more | 14 |
| of his or her adoptive parents, legal guardians, adult | 15 |
| children or a surviving spouse;
adoptive parents or
legal | 16 |
| guardians of
adopted or surrendered persons under the age | 17 |
| of 21 who are interested in exchanging identifying and/or | 18 |
| medical information or would welcome
contact with one or | 19 |
| more of the adopted or surrendered person's birth | 20 |
| relatives; adoptive parents and legal guardians of | 21 |
| deceased adopted or surrendered persons 21 years of age or | 22 |
| over who have submitted proof of death for a deceased | 23 |
| adopted or surrendered person who did not file a Denial of | 24 |
| Information Exchange prior to his or her death and who are | 25 |
| interested in exchanging identifying and/or medical | 26 |
| information or would welcome contact with one or more of |
|
|
|
HB4623 Engrossed |
- 26 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| the adopted or surrendered person's birth relatives; adult | 2 |
| children of deceased adopted or surrendered persons who | 3 |
| have submitted a birth certificate naming the adopted or | 4 |
| surrendered person as their biological parent and proof of | 5 |
| death for an adopted or surrendered person who did not file | 6 |
| a Denial of Information Exchange prior to his or her death; | 7 |
| and surviving spouses of deceased adopted or surrendered | 8 |
| persons who have submitted a marriage certificate naming an | 9 |
| adopted or surrendered person as their deceased wife or | 10 |
| husband and proof of death for an adopted or surrendered | 11 |
| person who did not file a Denial of Information Exchange | 12 |
| prior to his or her death and who are interested in | 13 |
| exchanging identifying and/or medical information or would | 14 |
| welcome contact with one or more of the adopted or | 15 |
| surrendered person's birth relatives may specify with whom | 16 |
| they
wish to exchange identifying information by
filing an | 17 |
| Information Exchange Authorization.
| 18 |
| (2) Denial of Information Exchange. Adopted or | 19 |
| surrendered persons 21
years of age or over who do not wish | 20 |
| to exchange identifying information or establish contact | 21 |
| with one or
more of their birth relatives may specify
with | 22 |
| whom they do not wish to exchange
identifying information | 23 |
| or do not wish to establish contact by filing a Denial of
| 24 |
| Information Exchange. Birth relatives who do not wish to
| 25 |
| establish contact with an
adopted or surrendered person or | 26 |
| one or more of his or her adoptive parents,
legal |
|
|
|
HB4623 Engrossed |
- 27 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| guardians, or adult children may specify with whom they do | 2 |
| not wish to exchange identifying
information or do not wish | 3 |
| to establish contact by filing a Denial of Information | 4 |
| Exchange. Birth parents who wish to prohibit the release of | 5 |
| their identifying information on the original birth | 6 |
| certificate released to an adult adopted or surrendered | 7 |
| person who was born after January 1, 1946, or to the | 8 |
| surviving adult child or surviving spouse of a deceased | 9 |
| adopted or surrendered person who was born after January 1, | 10 |
| 1946, may do so by filing a Denial with the Registry on or | 11 |
| before December 31, 2008. As of January 1, 2009, birth | 12 |
| parents who wish to prohibit the release of identifying | 13 |
| information on the non-certified copy of the original birth | 14 |
| certificate released to an adult adopted or surrendered | 15 |
| person or to the surviving adult child or surviving spouse | 16 |
| of a deceased adopted or surrendered person may do so by | 17 |
| selecting Option E on a Birth Parent Preference Form and | 18 |
| filing the Form with the Registry. Adoptive parents or
| 19 |
| legal guardians of adopted or surrendered persons under the | 20 |
| age of 21 who do
not wish to establish contact with one or | 21 |
| more of the adopted or
surrendered person's birth relatives | 22 |
| may specify with whom they
do not wish to exchange | 23 |
| identifying
information by filing a Denial of Information | 24 |
| Exchange. Adoptive parents, adult children, and surviving | 25 |
| spouses of deceased adoptees who do not wish to exchange | 26 |
| identifying information or establish contact with one or |
|
|
|
HB4623 Engrossed |
- 28 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| more of the adopted or surrendered person's birth relatives | 2 |
| may specify with whom they do not wish to exchange | 3 |
| identifying information or do not wish to establish contact | 4 |
| by filing a Denial of Information Exchange. The Illinois | 5 |
| Adoption
Registry Application does not need to be completed | 6 |
| in order to file a Denial
of Information Exchange.
| 7 |
| (3) Birth Parent Preference Form. Beginning January 1, | 8 |
| 2009, birth parents who are eligible to register with the | 9 |
| Illinois Adoption Registry and Medical Information | 10 |
| Exchange and who wish to communicate their wishes regarding | 11 |
| contact and/or the release of their identifying | 12 |
| information on the non-certified copy of the original birth | 13 |
| certificate released to an adult adopted or surrendered | 14 |
| person or the surviving adult child or surviving spouse of | 15 |
| a deceased adopted or surrendered person who has requested | 16 |
| a copy of the adopted or surrendered person's original | 17 |
| birth certificate by filing a Request for a Non-Certified | 18 |
| Copy of an Original Birth Certificate pursuant to | 19 |
| subsection (e) of this Section, may file a Birth Parent | 20 |
| Preference Form with the Registry. All Birth Parent | 21 |
| Preference Forms on file with the Registry at the time of | 22 |
| receipt of a Request for a Non-Certified Copy of an | 23 |
| Original Birth Certificate from an adult adopted or | 24 |
| surrendered person or the surviving adult child or | 25 |
| surviving spouse of a deceased adopted or surrendered | 26 |
| person shall be forwarded to the relevant adopted or |
|
|
|
HB4623 Engrossed |
- 29 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| surrendered person or surviving adult child or surviving | 2 |
| spouse of a deceased adopted or surrendered person along | 3 |
| with a non-certified copy of the adopted or surrendered | 4 |
| person's original birth certificate as outlined in | 5 |
| subsection (e) of this Section. | 6 |
| (e) Procedures for requesting a non-certified copy of an | 7 |
| original birth certificate by an adult adopted or surrendered | 8 |
| person or by a surviving adult child or surviving spouse of a | 9 |
| deceased adopted or surrendered person: | 10 |
| (1) Effective immediately, any adult adopted or | 11 |
| surrendered person who was born in Illinois prior to | 12 |
| January 1, 1946, may complete and file with the Registry a | 13 |
| Request for a Non-Certified Copy of an Original Birth | 14 |
| Certificate. The Registry shall provide such adult adopted | 15 |
| or surrendered person with an unaltered, non-certified | 16 |
| copy of his or her original birth certificate upon receipt | 17 |
| of the Request for a Non-Certified Copy of an Original | 18 |
| Birth Certificate. Additionally, in cases where an adopted | 19 |
| or surrendered person born in Illinois prior to January 1, | 20 |
| 1946, is deceased, and one of his or her surviving adult | 21 |
| children or his or her surviving spouse has registered with | 22 |
| the Registry, he or she may complete and file with the | 23 |
| Registry a Request for a Non-Certified Copy of an Original | 24 |
| Birth Certificate. The Registry shall provide such | 25 |
| surviving adult child or surviving spouse with an | 26 |
| unaltered, non-certified copy of the adopted or |
|
|
|
HB4623 Engrossed |
- 30 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| surrendered person's original birth certificate upon | 2 |
| receipt of the Request for a Non-Certified Copy of an | 3 |
| Original Birth Certificate. | 4 |
| (2) Beginning April 1, 2009, any adult adopted or | 5 |
| surrendered person who was born in Illinois on or after | 6 |
| January 1, 1946, may complete and file with the Registry a | 7 |
| Request for a Non-certified Copy of an Original Birth | 8 |
| Certificate. Additionally, in cases where the adopted or | 9 |
| surrendered person is deceased and one of his or her | 10 |
| surviving adult children or his or her surviving spouse has | 11 |
| registered with the Registry, he or she may complete and | 12 |
| file with the Registry a Request for a Non-Certified Copy | 13 |
| of an Original Birth Certificate.
Upon receipt of such | 14 |
| request from an adult adopted or surrendered person or from | 15 |
| one of his or her surviving adult children or his or her | 16 |
| surviving spouse, the Registry shall: | 17 |
| (i) Determine if there is a Denial of Information | 18 |
| Exchange which was filed by a birth parent named on the | 19 |
| original birth certificate prior to January 1, 2009. If | 20 |
| a Denial was filed by a birth parent named on the | 21 |
| original birth certificate prior to January 1, 2009, | 22 |
| and there is no proof of death in the Registry file for | 23 |
| the birth parent who filed said Denial, the Registry | 24 |
| shall inform the requesting adult adopted or | 25 |
| surrendered person or the requesting surviving adult | 26 |
| child or surviving spouse of a deceased adopted or |
|
|
|
HB4623 Engrossed |
- 31 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| surrendered person that they may receive a | 2 |
| non-certified copy of the original birth certificate | 3 |
| from which all identifying information pertaining to | 4 |
| the birth parent who filed the Denial has been | 5 |
| redacted. A requesting adult adopted or surrendered | 6 |
| person shall also be informed in writing of his or her | 7 |
| right to petition the court for the appointment of a | 8 |
| Confidential Intermediary pursuant to Section 18.3a of | 9 |
| this Act and, if applicable, to conduct a search | 10 |
| through an agency post-adoption search program. | 11 |
| (ii) Determine if a birth parent named on the | 12 |
| original birth certificate has filed a Birth Parent | 13 |
| Preference Form and selected Option E. If one of the | 14 |
| birth parents named on the original birth certificate | 15 |
| filed a Birth Parent Preference Form and selected | 16 |
| Option E, and there is no proof of death in the | 17 |
| Registry file for the birth parent who filed said Birth | 18 |
| Parent Preference Form, the Registry shall inform the | 19 |
| requesting adult adopted or surrendered person or the | 20 |
| requesting surviving adult child or surviving spouse | 21 |
| of a deceased adopted or surrendered person that he or | 22 |
| she may receive a non-certified copy of the original | 23 |
| birth certificate from which identifying information | 24 |
| pertaining to the birth parent who completed the Birth | 25 |
| Parent Preference Form has been redacted per the birth | 26 |
| parent's specifications on the Form. The Registry |
|
|
|
HB4623 Engrossed |
- 32 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| shall forward to the adult adopted or surrendered | 2 |
| person or to the surviving adult child or surviving | 3 |
| spouse of a deceased adopted or surrendered person a | 4 |
| copy of the Birth Parent Preference Form filed by the | 5 |
| birth parent from which identifying information has | 6 |
| been redacted per the birth parent's specifications on | 7 |
| the Form. The requesting adult adopted or surrendered | 8 |
| person shall also be informed in writing of his or her | 9 |
| right to petition the court for the appointment of a | 10 |
| Confidential Intermediary pursuant to Section 18.3a of | 11 |
| this Act, and, if applicable, to conduct a search | 12 |
| through an agency post-adoption search program. | 13 |
| (iii) Determine if a birth parent named on the | 14 |
| original birth certificate has filed an Information | 15 |
| Exchange Authorization. | 16 |
| (iv) If the Registry has confirmed that a | 17 |
| requesting adult adopted or surrendered person or the | 18 |
| parent of a requesting adult child of a deceased | 19 |
| adopted or surrendered person or the husband or wife of | 20 |
| a requesting surviving spouse was not the object of a | 21 |
| Denial of Information Exchange filed by a birth parent | 22 |
| on or before December 31, 2008, and that no birth | 23 |
| parent named on the original birth certificate has | 24 |
| filed a Birth Parent Preference Form where Option E was | 25 |
| selected prior to the receipt of a Request for a | 26 |
| Non-Certified Copy of an Original Birth Certificate, |
|
|
|
HB4623 Engrossed |
- 33 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| the Registry shall provide the adult adopted or | 2 |
| surrendered person or his or her surviving adult child | 3 |
| or surviving spouse with an unaltered non-certified | 4 |
| copy of the adopted or surrendered person's original | 5 |
| birth certificate. In addition, the adult adopted or | 6 |
| surrendered person or surviving adult child or | 7 |
| surviving spouse of a deceased adopted or surrendered | 8 |
| person shall receive any Birth Parent Preference Forms | 9 |
| which are on file with the Registry. | 10 |
| (3) In cases where the Registry receives a Birth Parent | 11 |
| Preference Form from a birth parent subsequent to the | 12 |
| release of the non-certified copy of the original birth | 13 |
| certificate to an adult adopted or surrendered person or to | 14 |
| the surviving adult child or surviving spouse of a deceased | 15 |
| adopted or surrendered person, the Birth Parent Preference | 16 |
| Form shall be immediately forwarded to the adult adopted or | 17 |
| surrendered person or to the surviving adult child or | 18 |
| surviving spouse of the deceased adopted or surrendered | 19 |
| person and the birth parent who filed the form shall be | 20 |
| informed that the relevant original birth certificate has | 21 |
| already been released. | 22 |
| (4) A copy of the original birth certificate shall only | 23 |
| be released to adopted or surrendered persons who were born | 24 |
| in Illinois; to surviving adult children or surviving | 25 |
| spouses of deceased adopted or surrendered persons who were | 26 |
| born in Illinois; or to two registered parties who have |
|
|
|
HB4623 Engrossed |
- 34 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| both consented to the release of a non-certified copy of | 2 |
| the original birth certificate to one another through the | 3 |
| Registry when the birth of the relevant adopted or | 4 |
| surrendered person took place in Illinois. | 5 |
| (5) In cases where the Registry receives a Request for | 6 |
| a Non-Certified Copy of an Original Birth Certificate from | 7 |
| an adult adopted or surrendered person who has not | 8 |
| completed a Registry application and the file of that | 9 |
| adopted or surrendered person includes an Information | 10 |
| Exchange Authorization or Medical Information Exchange | 11 |
| Questionnaire from one or more of his or her birth | 12 |
| relatives, the Registry shall so inform the adult adopted | 13 |
| or surrendered person and forward Registry application | 14 |
| forms to him or her along with a non-certified copy of the | 15 |
| original birth certificate consistent with the procedures | 16 |
| outlined in this subsection (e). | 17 |
| (6) In cases where a birth parent registered with the | 18 |
| Registry and filed a Medical Information Exchange | 19 |
| Questionnaire prior to the enactment of this Section but | 20 |
| gave no indication as to his or her wishes regarding | 21 |
| contact or the sharing of identifying information, the | 22 |
| Registry shall contact the birth parent by written letter | 23 |
| prior to January 1, 2009, and provide him or her with the | 24 |
| opportunity to indicate his or her preference regarding | 25 |
| contact and the sharing of identifying information by | 26 |
| submitting a Birth Parent Preference Form to the Registry |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| prior to April 1, 2009. | 2 |
| (7) In cases where the Registry cannot locate a copy of | 3 |
| the original birth certificate in the Registry file, they | 4 |
| shall be authorized to request a copy of the original birth | 5 |
| certificate from the Illinois county where the birth took | 6 |
| place for placement in the Registry file. | 7 |
| (8) Adopted and surrendered persons who wish to have | 8 |
| their names placed with the Illinois Adoption Registry and | 9 |
| Medical Information Exchange may do so by completing a | 10 |
| Registry application at any time, but completing a Registry | 11 |
| application shall not be required for adopted and | 12 |
| surrendered persons who seek only to obtain a copy of their | 13 |
| original birth certificate or any relevant Birth Parent | 14 |
| Preference Forms through the Registry. | 15 |
| (9) In cases where a birth parent filed a Denial with | 16 |
| the Registry prior to January 1, 2009, or filed a Birth | 17 |
| Parent Preference Form with the Registry and selected | 18 |
| Option E after January 1, 2009, and a proof of death for | 19 |
| the birth parent who filed the Denial or the Birth Parent | 20 |
| Preference Form has been filed with the Registry, the | 21 |
| Registry shall be authorized to release an unaltered | 22 |
| non-certified copy of the original birth certificate to an | 23 |
| adult adopted or surrendered person or to the surviving | 24 |
| adult child or surviving spouse of a deceased adopted or | 25 |
| surrendered person who has filed a Request for a | 26 |
| Non-Certified Copy of the Original Birth Certificate with |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| the Registry. | 2 |
| (f) (e) A registrant may complete all or any part of the | 3 |
| Illinois Adoption
Registry Application. All Illinois Adoption | 4 |
| Registry Applications, Information
Exchange
Authorizations, | 5 |
| Denials of Information Exchange, requests to revoke an
| 6 |
| Information
Exchange Authorization , or Denial of Information | 7 |
| Exchange, and affidavits
submitted
to the Registry shall be
| 8 |
| accompanied by proof of identification.
| 9 |
| (g) Notwithstanding any other rulemaking authority that | 10 |
| may exist, neither the Governor nor any agency or agency head | 11 |
| under the jurisdiction of the Governor has any authority to | 12 |
| make or promulgate rules to implement or enforce the provisions | 13 |
| of this Section of this amendatory Act of the 95th General | 14 |
| Assembly. If, however, the Governor believes that rules are | 15 |
| necessary to implement or enforce the provisions of this | 16 |
| Section of this amendatory Act of the 95th General Assembly, | 17 |
| the Governor may suggest rules to the General Assembly by | 18 |
| filing them with the Clerk of the House and the Secretary of | 19 |
| the Senate and by requesting that the General Assembly | 20 |
| authorize such rulemaking by law, enact those suggested rules | 21 |
| into law, or take any other appropriate action in the General | 22 |
| Assembly's discretion. Nothing contained in this amendatory | 23 |
| Act of the 95th General Assembly shall be interpreted to grant | 24 |
| rulemaking authority under any other Illinois statute where | 25 |
| such authority is not otherwise explicitly given. For the | 26 |
| purposes of this Section, "rules" is given the meaning |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| contained in Section 1-70 of the Illinois Administrative | 2 |
| Procedure Act, and "agency" and "agency head" are given the | 3 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 4 |
| Administrative Procedure Act to the extent that such | 5 |
| definitions apply to agencies or agency heads under the | 6 |
| jurisdiction of the Governor. (f) The Department shall | 7 |
| establish the Illinois Adoption Registry
Application
form | 8 |
| including the Medical Information Exchange Questionnaire by | 9 |
| rule .
| 10 |
| (Source: P.A. 94-173, eff. 1-1-06.)
| 11 |
| (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| 12 |
| Sec. 18.2. Forms.
| 13 |
| (a) The Department shall develop the Illinois Adoption | 14 |
| Registry forms as provided in this Section. The General | 15 |
| Assembly shall reexamine the content of the form as requested | 16 |
| by the Department, in consultation with the Advisory Council. | 17 |
| The form of the Birth Parent Registration
Identification Form | 18 |
| shall be substantially as follows:
| 19 |
| BIRTH PARENT REGISTRATION IDENTIFICATION
| 20 |
| (Insert all known information)
| 21 |
| I, ....., state that I am the ...... (mother or father) of the
| 22 |
| following child:
| 23 |
| Child's original name: ..... (first) ..... (middle) ..... | 24 |
| (last),
..... (hour of birth), ..... (date of birth), | 25 |
| ..... (city and state of
birth), ..... (name of |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| hospital).
| 2 |
| Father's full name: ...... (first) ...... (middle) ..... | 3 |
| (last),
..... (date of birth), ..... (city and state of | 4 |
| birth).
| 5 |
| Name of mother inserted on birth certificate: ..... (first) | 6 |
| .....
(middle) ..... (last), ..... (race), ..... (date | 7 |
| of birth), ......
(city and state of birth).
| 8 |
| That I surrendered my child to: ............. (name of agency), | 9 |
| .....
(city and state of agency), ..... (approximate date | 10 |
| child surrendered).
| 11 |
| That I placed my child by private adoption: ..... (date),
| 12 |
| ...... (city
and state).
| 13 |
| Name of adoptive parents, if known: ......
| 14 |
| Other identifying information: .....
| 15 |
| ........................
| 16 |
| (Signature of parent)
| 17 |
| ............ ........................
| 18 |
| (date) (printed name of parent)
| 19 |
| (b) The form of the Adopted Person
Registration | 20 |
| Identification shall be substantially
as follows:
| 21 |
| ADOPTED PERSON
| 22 |
| REGISTRATION IDENTIFICATION
| 23 |
| (Insert all known information)
| 24 |
| I, ....., state the following:
| 25 |
| Adopted Person's present name: ..... (first) ..... |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| (middle)
..... (last).
| 2 |
| Adopted Person's name at birth (if known): ..... (first)
| 3 |
| ..... (middle) .....
(last), ..... (birth date), ..... | 4 |
| (city and state of birth), ......
(sex), ..... (race).
| 5 |
| Name of adoptive father: ..... (first) ..... (middle) ..... | 6 |
| (last), .....
(race).
| 7 |
| Maiden name of adoptive mother: ..... (first) ..... | 8 |
| (middle) .....
(last), ..... (race).
| 9 |
| Name of birth mother (if known): ..... (first) .....
| 10 |
| (middle)
..... (last), ..... (race).
| 11 |
| Name of birth father (if known): ..... (first) .....
| 12 |
| (middle)
..... (last), ..... (race).
| 13 |
| Name(s) at birth of sibling(s) having a common birth
parent | 14 |
| with adoptee
(if known): ..... (first) ..... (middle) | 15 |
| ..... (last), ..... (race), and name
of common birth | 16 |
| parent: ..... (first) ..... (middle) .....
(last),
| 17 |
| ..... (race).
| 18 |
| I was adopted through: ..... (name of agency).
| 19 |
| I was adopted privately: ..... (state "yes" if known).
| 20 |
| I was adopted in ..... (city and state), ..... (approximate | 21 |
| date).
| 22 |
| Other identifying information: .............
| 23 |
| ......................
| 24 |
| (signature of adoptee)
| 25 |
| ........... .........................
| 26 |
| (date) (printed name of adoptee)
|
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| (c) The form of the Surrendered Person Registration | 2 |
| Identification shall be
substantially as follows:
| 3 |
| SURRENDERED PERSON REGISTRATION
| 4 |
| IDENTIFICATION
| 5 |
| (Insert all known information)
| 6 |
| I, ....., state the following:
| 7 |
| Surrendered Person's present name: ..... (first) .....
| 8 |
| (middle) ..... (last).
| 9 |
| Surrendered Person's name at birth (if known): ..... | 10 |
| (first)
.....
(middle) ..... (last), .....(birth | 11 |
| date), ..... (city and state of
birth), ...... (sex), | 12 |
| ..... (race).
| 13 |
| Name of guardian father: ..... (first) ..... (middle) ..... | 14 |
| (last), .....
(race).
| 15 |
| Maiden name of guardian mother: ..... (first) ..... | 16 |
| (middle) .....
(last), ..... (race).
| 17 |
| Name of birth mother (if known): ..... (first) .....
| 18 |
| (middle) .....
(last) ..... (race).
| 19 |
| Name of birth father (if known): ..... (first) .....
| 20 |
| (middle) .....
(last), .....(race).
| 21 |
| Name(s) at birth of sibling(s) having a common birth
parent | 22 |
| with surrendered person
(if known): ..... (first) | 23 |
| ..... (middle) ..... (last), ..... (race), and name
of | 24 |
| common birth parent: ..... (first) ..... (middle) | 25 |
| .....
(last),
..... (race).
|
|
|
|
HB4623 Engrossed |
- 41 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| I was surrendered for adoption to: ..... (name of agency).
| 2 |
| I was surrendered for adoption in ..... (city and state), ..... | 3 |
| (approximate
date).
| 4 |
| Other identifying information: ............
| 5 |
| ................................
| 6 |
| (signature of surrendered person)
| 7 |
| ............ ......................
| 8 |
| (date) (printed name of person
| 9 |
| surrendered for adoption)
| 10 |
| (c-3) The form of the Registration Identification Form for | 11 |
| Surviving Relatives of Deceased Birth Parents shall be | 12 |
| substantially as follows:
| 13 |
| REGISTRATION IDENTIFICATION FORM
| 14 |
| FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| 15 |
| (Insert all known information)
| 16 |
| I, ....., state the following:
| 17 |
| Name of deceased birth parent at time of surrender:
| 18 |
| Deceased birth parent's date of birth:
| 19 |
| Deceased birth parent's date of death:
| 20 |
| Adopted or surrendered person's name at birth (if known): | 21 |
| .....(first) ..... (middle) ..... (last), .....(birth | 22 |
| date), ..... (city and state of birth), ...... (sex), | 23 |
| ..... (race).
| 24 |
| My relationship to the adopted or surrendered person (check | 25 |
| one): (birth parent's non-surrendered child) (birth parent's |
|
|
|
HB4623 Engrossed |
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LRB095 15988 AJO 42000 b |
|
| 1 |
| sister) (birth parent's brother).
| 2 |
| If you are a non-surrendered child of the birth parent, provide | 3 |
| name(s) at birth and age(s) of non-surrendered siblings having | 4 |
| a common parent with the birth parent. If more than one | 5 |
| sibling, please give information requested below on reverse | 6 |
| side of this form. If you are a sibling or parent of the birth | 7 |
| parent, provide name(s) at birth and age(s) of the sibling(s) | 8 |
| of the birth parent. If more than one sibling, please give | 9 |
| information requested below on reverse side of this form.
| 10 |
| Name (First) ..... (middle) ..... (last), .....(birth | 11 |
| date), ..... (city and state of birth), ...... (sex), | 12 |
| ..... (race).
| 13 |
| Name(s) of common parent(s) (first) ..... (middle) ..... | 14 |
| (last), .....(race), (first) ..... (middle) ..... | 15 |
| (last), .....(race).
| 16 |
| My birth sibling/child of my brother/child of my sister/ was | 17 |
| surrendered for adoption to ..... (name of agency) City and | 18 |
| state of agency ..... Date .....(approximate) Other | 19 |
| identifying information ..... (Please note that you must: (i) | 20 |
| be at least 21 years of age to register; (ii) submit with your | 21 |
| registration a certified copy of the birth parent's birth | 22 |
| certificate; (iii) submit a certified copy of the birth | 23 |
| parent's death certificate; and (iv) if you are a | 24 |
| non-surrendered birth sibling or a sibling of the deceased | 25 |
| birth parent, also submit a certified copy of your birth |
|
|
|
HB4623 Engrossed |
- 43 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| certificate with this registration. No application from a | 2 |
| surviving relative of a deceased birth parent can be accepted | 3 |
| if the birth parent filed a Denial of Information Exchange | 4 |
| prior to his or her death.)
| 5 |
| ................................
| 6 |
| (signature of birth parent's surviving relative)
| 7 |
| ............ ............ | 8 |
| (date) (printed name of birth | 9 |
| parent's surviving relative) | 10 |
| (c-5) The form of the Registration Identification Form for | 11 |
| Surviving Relatives of Deceased Adopted or Surrendered Persons | 12 |
| shall be substantially as follows:
| 13 |
| REGISTRATION IDENTIFICATION FORM FOR
| 14 |
| SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| 15 |
| (Insert all known information)
| 16 |
| I, ....., state the following:
| 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). | 21 |
| Adopted or surrendered person's date of death:
| 22 |
| My relationship to the deceased adopted or surrendered | 23 |
| person(check one): (adoptive mother) (adoptive father) (adult | 24 |
| child) (surviving spouse).
|
|
|
|
HB4623 Engrossed |
- 44 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| If you are an adult child or surviving spouse of the adopted or | 2 |
| surrendered person, provide name(s) at birth and age(s) of the | 3 |
| children of the adopted or surrendered person. If the adopted | 4 |
| or surrendered person had more than one child, please give | 5 |
| information requested below on reverse side of this form. | 6 |
| Name (first) ..... (middle) ..... (last), .....(birth | 7 |
| date), ..... (city and state of birth), ...... (sex), | 8 |
| ..... (race). | 9 |
| Name(s) of common parent(s) (first) ..... (middle) ..... | 10 |
| (last), .....(race), (first) ..... (middle) ..... | 11 |
| (last), .....(race).
| 12 |
| My child/parent/deceased spouse was surrendered for | 13 |
| adoption to .....(name of agency) City and state of agency | 14 |
| ..... Date ..... (approximate) Other identifying | 15 |
| information ..... (Please note that you must: (i) be at | 16 |
| least 21 years of age to register; (ii) submit with your | 17 |
| registration a certified copy of the adopted or surrendered | 18 |
| person's death certificate; (iii) if you are the child of a | 19 |
| deceased adopted or surrendered person, also submit a | 20 |
| certified copy of your birth certificate with this | 21 |
| registration; and (iv) if you are the surviving wife or | 22 |
| husband of a deceased adopted or surrendered person, also | 23 |
| submit a copy of your marriage certificate with this | 24 |
| registration. No application from a surviving relative of a | 25 |
| deceased adopted or surrendered person can be accepted if | 26 |
| the adopted or surrendered person filed a Denial of |
|
|
|
HB4623 Engrossed |
- 45 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Information Exchange prior to his or her death.)
| 2 |
| ................................
| 3 |
| (signature of adopted or surrendered person's surviving
| 4 |
| relative)
| 5 |
| ............ ............ | 6 |
| (date) (printed name of adopted
| 7 |
| person's surviving relative)
| 8 |
| (d) The form of the Information Exchange Authorization | 9 |
| shall be
substantially
as follows:
| 10 |
| INFORMATION EXCHANGE AUTHORIZATION
| 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
authorize the Department of Public Health | 14 |
| to give to the following person(s)
(birth mother
)
(birth | 15 |
| father) (birth sibling) (adopted or surrendered person
) | 16 |
| (adoptive mother) (adoptive father) (legal guardian of an | 17 |
| adopted or surrendered person) (birth aunt) (birth uncle) | 18 |
| (adult child of a deceased adopted or surrendered person) | 19 |
| (surviving spouse of a deceased adopted or surrendered person) | 20 |
| (all eligible relatives) the following
(please check the
| 21 |
| information
authorized for exchange):
| 22 |
| [ ] 1. Only my name and last known address.
| 23 |
| [ ] 2. A copy of my Illinois Adoption Registry |
|
|
|
HB4623 Engrossed |
- 46 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Application.
| 2 |
| [ ] 3. A copy of the adopted or surrendered person's | 3 |
| original certificate of live birth (check only if you are | 4 |
| an adopted or surrendered person or the surviving adult | 5 |
| child or surviving spouse of a deceased adopted or | 6 |
| surrendered person) .
| 7 |
| [ ] 4. A copy of my completed medical questionnaire.
| 8 |
| I am fully aware that I can only be supplied with
| 9 |
| information about an individual or individuals who have
duly
| 10 |
| executed an Information Exchange Authorization that
has
not | 11 |
| been revoked or, if I am an adopted or surrendered person, from | 12 |
| a birth parent who completed a Birth Parent Preference Form and | 13 |
| did not prohibit the release of his or her identity to me ; that | 14 |
| I can be contacted by writing to: ..... (own name or
name of | 15 |
| person to contact) (address) (phone number).
| 16 |
| NOTE: New IARMIE registrants who do not complete a Medical | 17 |
| Information Exchange Questionnaire and release a copy of their | 18 |
| questionnaire to at least one Registry applicant must pay a $40 | 19 |
| registration fee. | 20 |
| Dated (insert date).
| 21 |
| .............. | 22 |
| (signature)
| 23 |
| (e) The form of the Denial of Information Exchange shall be
| 24 |
| substantially as follows:
| 25 |
| DENIAL OF INFORMATION EXCHANGE
|
|
|
|
HB4623 Engrossed |
- 47 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| I, ....., state that I am the person who completed the | 2 |
| Registration
Identification; that I am of the age of ..... | 3 |
| years; that I hereby
instruct the Department of Public Health | 4 |
| not to give any identifying
information about me to the | 5 |
| following person(s)
(birth mother) (birth father) (birth | 6 |
| sibling)(adopted or surrendered person)(adoptive mother) | 7 |
| (adoptive father)(legal guardian of an adopted or surrendered | 8 |
| person)(birth aunt)(birth uncle)(adult child of a deceased | 9 |
| adopted or surrendered person) (surviving spouse of a deceased | 10 |
| adopted or surrendered person) (all eligible relatives) . | 11 |
| IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER | 12 |
| JANUARY 1, 2009, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH | 13 |
| PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH | 14 |
| CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH | 15 |
| PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING | 16 |
| INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT | 17 |
| ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT | 18 |
| PREFERENCE FORM ON OR AFTER JANUARY 1, 2009. DENIALS FILED BY A | 19 |
| BIRTH PARENT BEFORE JANUARY 1, 2009, WILL EXPIRE UPON THE DEATH | 20 |
| OF THE BIRTH PARENT WITH RESPECT TO AN ADULT ADOPTED OR | 21 |
| SURRENDERED PERSON'S ACCESS TO IDENTIFYING INFORMATION ON HIS | 22 |
| OR HER ORIGINAL BIRTH CERTIFICATE.
| 23 |
| I do/do not (circle appropriate response) authorize the | 24 |
| Registry to release a copy of my completed Medical Information | 25 |
| Exchange Questionnaire to qualified Registry applicants.
NOTE: | 26 |
| New IARMIE registrants who do not complete a Medical |
|
|
|
HB4623 Engrossed |
- 48 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Information Exchange Questionnaire and release a copy of their | 2 |
| questionnaire to at least one Registry applicant must pay a $40 | 3 |
| registration fee.
Birth parents filing a Denial of Information | 4 |
| Exchange are advised that, under Illinois law, an adult adopted | 5 |
| person may initiate a search for a birth parent who has filed a | 6 |
| Denial of Information Exchange through the state confidential | 7 |
| intermediary program once five years have elapsed since the | 8 |
| filing of the Denial of Information Exchange ;
that I do not | 9 |
| wish to be contacted .
| 10 |
| Dated (insert date).
| 11 |
| ............... | 12 |
| (signature)
| 13 |
| (f) The form of the Birth Parent Preference Form shall be | 14 |
| as follows: | 15 |
| In recognition of the basic right of all persons to access | 16 |
| their birth records, Illinois law now provides for the release | 17 |
| of original birth certificates to adopted and surrendered | 18 |
| persons 21 years of age or older upon request. While many birth | 19 |
| parents are comfortable sharing their identities or initiating | 20 |
| contact with their birth sons and daughters once they have | 21 |
| reached adulthood, Illinois law also recognizes that there may | 22 |
| be unique situations where a birth parent might have a | 23 |
| compelling reason for not wishing to establish contact with a | 24 |
| birth son or daughter or for not wishing to release identifying | 25 |
| information that appears on the original birth certificate of a |
|
|
|
HB4623 Engrossed |
- 49 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| birth son or daughter who has reached adulthood. The Illinois | 2 |
| Adoption Registry and Medical Information Exchange (IARMIE) | 3 |
| has therefore established this form to allow birth parents | 4 |
| whose birth son or daughter was born on or after January 1, | 5 |
| 1946, to express their wishes regarding contact and the sharing | 6 |
| of identifying information listed on the original birth | 7 |
| certificate with an adult adopted or surrendered person who has | 8 |
| reached the age of 21. | 9 |
| In selecting one of the five options below, birth parents | 10 |
| should keep in mind that the decision to deny an adult adopted | 11 |
| or surrendered person access to his or her original birth | 12 |
| record is an important one that can impact the adopted or | 13 |
| surrendered person's life in many ways. Since no original birth | 14 |
| certificates are released by the IARMIE before an adoptee has | 15 |
| reached the age of 21, birth parents are encouraged to take as | 16 |
| much time as they need to weigh the options available to them | 17 |
| before completing this form. Should you need additional | 18 |
| assistance in completing this form, please contact the agency | 19 |
| that handled the adoption, if applicable, or the Illinois | 20 |
| Adoption Registry and Medical Information Exchange at | 21 |
| 217-557-5159. | 22 |
| After careful consideration, I, (insert your name) ......, | 23 |
| have made the following decision regarding contact with my | 24 |
| birth son/birth daughter, (insert birth son's/birth daughter's | 25 |
| name at birth, if applicable) ......, who was born in (insert | 26 |
| city/town of birth) ...... on (insert date of birth)...... and |
|
|
|
HB4623 Engrossed |
- 50 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| the release of my identifying information as it appears on | 2 |
| his/her original birth certificate when he/she reaches the age | 3 |
| of 21, and I have chosen Option ...... (insert A, B, C, D or E, | 4 |
| as applicable). I realize that this form must be accompanied by | 5 |
| a completed IARMIE application form as well as a Medical | 6 |
| Information Exchange Questionnaire or the $40 registration | 7 |
| fee. I am also aware that I may revoke this decision at any | 8 |
| time by completing a new Birth Parent Preference Form and | 9 |
| filing it with the IARMIE. I understand that it is my | 10 |
| responsibility to update the IARMIE with any changes to contact | 11 |
| information provided below. I also understand that, while | 12 |
| preferences regarding the release of identifying information | 13 |
| through the Registry are binding unless the law should change | 14 |
| in the future, any selection I have made regarding my preferred | 15 |
| method of contact is not. | 16 |
| ............................................................. | 17 |
| (Signature/Date) | 18 |
| (Please insert your signature and today's date above, as well | 19 |
| as under your chosen option, A, B, C, D, or E below.) | 20 |
| Option A. I agree to the release of my identifying information | 21 |
| as it appears on my birth son's/birth daughter's original birth | 22 |
| certificate, would welcome direct contact with my birth | 23 |
| son/birth daughter when he or she has reached the age of 21 and | 24 |
| I wish to be contacted at the following mailing address, email |
|
|
|
HB4623 Engrossed |
- 51 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| address or phone number: | 2 |
| ............................................................. | 3 |
| ............................................................. | 4 |
| ............................................................. | 5 |
| ............................................................. | 6 |
| (Signature/Date) | 7 |
| Option B. I agree to the release of my identifying information | 8 |
| as it appears on my birth son's/birth daughter's original birth | 9 |
| certificate, would welcome contact with my birth son/birth | 10 |
| daughter when he or she has reached the age of 21, but I would | 11 |
| prefer to be contacted through the following person (insert | 12 |
| name and mailing address, email address or phone number of | 13 |
| chosen contact person) | 14 |
| ............................................................. | 15 |
| ............................................................. | 16 |
| (Signature/Date) | 17 |
| Option C. I agree to the release of my name as it appears on my | 18 |
| birth son's/birth daughter's original birth certificate, would | 19 |
| welcome contact with my birth son/birth daughter when he or she | 20 |
| has reached the age of 21, but I would prefer to be contacted | 21 |
| through the Illinois confidential intermediary program (please | 22 |
| call 800-526-9022 for additional information) or through the | 23 |
| agency that handled the adoption. (insert agency name, address | 24 |
| and phone number, if applicable.) |
|
|
|
HB4623 Engrossed |
- 52 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| ............................................................. | 2 |
| ............................................................. | 3 |
| (Signature/Date) | 4 |
| Option D. I agree to the release of my name as it appears on my | 5 |
| birth son's/birth daughter's original birth certificate, but I | 6 |
| would prefer not to be contacted by my birth son/birth daughter | 7 |
| when he or she has reached the age of 21. | 8 |
| ............................................................. | 9 |
| (Signature/Date) | 10 |
| Option E. I wish to prohibit the release of my (circle ALL | 11 |
| applicable options) first name, last name, last known address, | 12 |
| birth son's/birth daughter's last name (if last name listed is | 13 |
| same as mine), as they appear on my birth son's/birth | 14 |
| daughter's original birth certificate and do not wish to be | 15 |
| contacted by my birth son/birth daughter when he or she has | 16 |
| reached the age of 21. If there were any special circumstances | 17 |
| that played a role in your decision to remain anonymous which | 18 |
| you would like to share with your birth son/birth daughter, | 19 |
| please list them in the space provided below (optional). | 20 |
| ............................................................. | 21 |
| ............................................................. | 22 |
| I understand that, although I have chosen to prohibit the | 23 |
| release of my identity on the copy of the original birth | 24 |
| certificate released to my birth son/birth daughter, he or she |
|
|
|
HB4623 Engrossed |
- 53 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| may request that a court-appointed confidential intermediary | 2 |
| contact me to request updated medical information and/or | 3 |
| confirm my desire to remain anonymous once five years have | 4 |
| elapsed since the signing of this form. I also understand that | 5 |
| this request for anonymity shall expire upon my death. | 6 |
| ............................................................. | 7 |
| ............................................................. | 8 |
| (Signature/Date) | 9 |
| NOTE: A copy of this form will be forwarded to your birth son | 10 |
| or daughter should he or she file a request for his or her | 11 |
| original birth certificate with the IARMIE. However, if you | 12 |
| have selected Option E, identifying information, per your | 13 |
| specifications above, will be deleted from the copy of this | 14 |
| form forwarded to your birth son or daughter during your | 15 |
| lifetime. In the event that an adopted or surrendered person is | 16 |
| deceased, his or her surviving adult children may request a | 17 |
| copy of the adopted or surrendered person's original birth | 18 |
| certificate providing they have registered with the IARMIE; the | 19 |
| copy of this form and the non-certified copy of the original | 20 |
| birth certificate forwarded to the surviving child of the | 21 |
| adopted or surrendered person shall be redacted per your | 22 |
| specifications on this form during your lifetime. | 23 |
| (g) The form of the Request for a Non-Certified Copy of an | 24 |
| Original Birth Certificate shall be as follows: | 25 |
| REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH |
|
|
|
HB4623 Engrossed |
- 54 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| CERTIFICATE | 2 |
| I, (requesting party's full name) ....., hereby request a | 3 |
| non-certified copy of (check appropriate option) ..... my | 4 |
| original birth certificate ..... the original birth | 5 |
| certificate of my deceased adopted or surrendered parent ..... | 6 |
| the original birth certificate of my deceased adopted or | 7 |
| surrendered spouse (insert deceased parent's/deceased spouse's | 8 |
| name at adoption) ...... I/my deceased parent/my deceased | 9 |
| spouse was born in (insert city and county of adopted or | 10 |
| surrendered person's birth) ..... on ..... (insert adopted or | 11 |
| surrendered person's date of birth). In the event that one or | 12 |
| both of my/my deceased parent's/my deceased spouse's birth | 13 |
| parents has requested that their identity not be released to | 14 |
| me/to my deceased parent/to my deceased spouse, I wish to | 15 |
| (check appropriate option) ..... a. receive a non-certified | 16 |
| copy of the original birth certificate from which identifying | 17 |
| information pertaining to the birth parent who requested | 18 |
| anonymity has been deleted; or ..... b. I do not wish to | 19 |
| receive an altered copy of the original birth certificate. | 20 |
| Dated (insert date). | 21 |
| ................... | 22 |
| (signature)
| 23 |
| (h) Any (f) The Information Exchange Authorization , and the | 24 |
| Denial of Information
Exchange , Birth Parent Preference Form, | 25 |
| or Request for a Non-Certified Copy of an Original Birth |
|
|
|
HB4623 Engrossed |
- 55 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Certificate filed with the Registry, shall be acknowledged by | 2 |
| the person who filed it birth parent,
birth sibling, adopted or | 3 |
| surrendered
person, adoptive parent, or legal guardian before a | 4 |
| notary
public, in form
substantially as follows:
| 5 |
| State of ..............
| 6 |
| County of .............
| 7 |
| I, a Notary Public, in and for the said County, in the | 8 |
| State aforesaid,
do hereby certify that ............... | 9 |
| personally known to me to be the
same person whose name is | 10 |
| subscribed to the foregoing certificate of
acknowledgement, | 11 |
| appeared before me in person and acknowledged that (he or
she) | 12 |
| signed such certificate as (his or her) free and voluntary act | 13 |
| and
that the statements in such certificate are true.
| 14 |
| Given under my hand and notarial seal on (insert date).
| 15 |
| .........................
| 16 |
| (signature)
| 17 |
| (i) (g) When the execution of an Information Exchange
| 18 |
| Authorization , or a Denial of Information Exchange , Birth | 19 |
| Parent Preference Form or Request for a Non-Certified Copy of | 20 |
| an Original Birth Certificate is acknowledged before a
| 21 |
| representative of an agency, such representative shall have his | 22 |
| signature
on said Certificate acknowledged before a notary | 23 |
| public, in form substantially
as follows:
| 24 |
| State of..........
| 25 |
| County of.........
|
|
|
|
HB4623 Engrossed |
- 56 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| I, a Notary Public, in and for the said County, in the | 2 |
| State aforesaid,
do hereby certify that ..... personally known | 3 |
| to me to be the same person
whose name is subscribed to the | 4 |
| foregoing certificate of acknowledgement,
appeared before me | 5 |
| in person and acknowledged that (he or she) signed such
| 6 |
| certificate as (his or her) free and voluntary act and that the | 7 |
| statements
in such certificate are true.
| 8 |
| Given under my hand and notarial seal on (insert date).
| 9 |
| .......................
| 10 |
| (signature)
| 11 |
| (j) (h) When an Illinois Adoption Registry Application,
| 12 |
| Information
Exchange Authorization , or a Denial of
Information | 13 |
| Exchange , Birth Parent Preference Form, or Request for a | 14 |
| Non-Certified Copy of an Original Birth Certificate is executed | 15 |
| in a foreign country, the
execution of such
document shall be | 16 |
| acknowledged or affirmed before an officer of the United
States | 17 |
| consular services.
| 18 |
| (k) (i) If the person signing an Information Exchange
| 19 |
| Authorization , or a Denial of Information , Birth Parent | 20 |
| Preference Form or Request for a Non-Certified Copy of an | 21 |
| Original Birth Certificate is in the military service of the
| 22 |
| United States, the execution of such document may be | 23 |
| acknowledged before a
commissioned officer and the signature of | 24 |
| such officer on such certificate
shall be verified or | 25 |
| acknowledged before a notary public or by such other
procedure |
|
|
|
HB4623 Engrossed |
- 57 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| as is then in effect for such division or branch of the armed | 2 |
| forces.
| 3 |
| (j) The Department shall modify these forms as necessary to | 4 |
| 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. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06.)
| 9 |
| (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
| 10 |
| Sec. 18.3. (a) The agency, Department of Children and | 11 |
| Family Services,
Court Supportive Services, Juvenile Division | 12 |
| of the Circuit Court, and any
other party to the
surrender of a | 13 |
| child for adoption or in an adoption proceeding shall inform | 14 |
| obtain
from any birth parent or parents relinquishing giving up | 15 |
| a child for
purposes of
adoption after the effective date of | 16 |
| this Act of the opportunity to register with the Illinois | 17 |
| Adoption Registry and Medical Information Exchange and to | 18 |
| utilize the Illinois confidential intermediary program and | 19 |
| shall obtain a written confirmation that acknowledges the birth | 20 |
| parent's receipt of such information. a written statement which
| 21 |
| indicates: (1) a desire to have identifying information shared | 22 |
| with the
adopted or surrendered person at a later date; (2) a | 23 |
| desire not
to have
identifying information revealed; or (3) | 24 |
| that no decision is made at
that time. In addition, the agency, | 25 |
| Department of Children and Family
Services, Court
Supportive |
|
|
|
HB4623 Engrossed |
- 58 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Services, Juvenile Division of the Circuit Court, and any other
| 2 |
| organization involved in the surrender of a child for adoption | 3 |
| in an adoption
proceeding shall inform the birth parent or | 4 |
| parents of a child born, adopted or
surrendered in Illinois of | 5 |
| the existence of the Illinois Adoption Registry and
Medical | 6 |
| Information Exchange and provide them with the necessary | 7 |
| application
forms and if requested, assistance with completing | 8 |
| the forms.
| 9 |
| (b) When the written statement is signed, the birth
parent | 10 |
| or
parents shall be informed in writing that their decision | 11 |
| regarding the
sharing of identifying information can be made or | 12 |
| changed by such
birth parent or parents at any future date.
| 13 |
| (c) The birth parent shall be informed in writing that if | 14 |
| contact or exchange of identifying
sharing
of identifying | 15 |
| information with the adult adopted or surrendered person
is to | 16 |
| occur, that adult adopted or surrendered person he or she must | 17 |
| be 21 years of age or
over.
| 18 |
| (d) If the birth parent or parents indicate a desire to
| 19 |
| share
identifying information with the adopted or surrendered | 20 |
| person,
the birth parent shall complete an
Information Exchange | 21 |
| Authorization.
| 22 |
| (e) Any birth parent or parents requesting that no
| 23 |
| identifying
information be revealed to the adopted or | 24 |
| surrendered
person shall be
informed that such request will be | 25 |
| conveyed to the adopted or
surrendered person if he or she | 26 |
| requests such information; and
such identifying information |
|
|
|
HB4623 Engrossed |
- 59 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| shall not be revealed.
| 2 |
| (f) Any adopted or surrendered person 21 years
of age or | 3 |
| over may also indicate in writing his or her desire or
lack of
| 4 |
| desire to share identifying information with the birth
parent | 5 |
| or
parents or with one or more of his or her birth relatives. | 6 |
| Any adopted or
surrendered person requesting that no | 7 |
| identifying information be
revealed to the
birth parent or to | 8 |
| one or more of his or her birth relatives shall be
informed | 9 |
| that such request
shall be conveyed to the birth parent or
| 10 |
| birth
relative if he or she requests such information; and such | 11 |
| identifying information shall
not be revealed.
| 12 |
| (b) (g) Any birth parent, birth sibling,
adopted or | 13 |
| surrendered person, adoptive parent, or legal
guardian | 14 |
| indicating their desire to receive
identifying or medical | 15 |
| information shall be informed
of the existence of the Registry | 16 |
| and assistance shall be given to such
person to
legally
record | 17 |
| his or her
name with the Registry.
| 18 |
| (c) (h) The agency, Department of Children and Family | 19 |
| Services, Court
Supportive Services, Juvenile Division of the | 20 |
| Circuit Court, and any other organization involved in the
| 21 |
| surrender of a child for adoption in an adoption proceeding | 22 |
| which has
written statements from an adopted or surrendered | 23 |
| person and the birth
parent or a birth sibling indicating a | 24 |
| desire to share receive
identifying information or establish | 25 |
| contact shall supply such information to the mutually
| 26 |
| consenting parties, except that no identifying information |
|
|
|
HB4623 Engrossed |
- 60 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| shall be
supplied to consenting birth siblings if any such | 2 |
| sibling is
under 21
years of age. However, both the Registry | 3 |
| having an Information Exchange
Authorization and the | 4 |
| organization having a written statement requesting the sharing | 5 |
| of
identifying information or contact shall communicate with | 6 |
| each other to determine if
the adopted or surrendered person or | 7 |
| the
birth parent or
birth
sibling has signed a form at a later | 8 |
| date indicating a change in his or
her desires regarding the | 9 |
| sharing of information or contact . The agreement of the
birth | 10 |
| parent shall be binding.
| 11 |
| (d) (i) On and after January 1, 2000, any licensed child | 12 |
| welfare agency which
provides post-adoption search assistance | 13 |
| to adoptive parents, adopted persons,
surrendered persons,
| 14 |
| birth parents, or other birth relatives shall require that any | 15 |
| person requesting
post-adoption search assistance complete an | 16 |
| Illinois Adoption Registry
Application prior to the | 17 |
| commencement of the search.
| 18 |
| (Source: P.A. 94-173, eff. 1-1-06.)
| 19 |
| (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| 20 |
| Sec. 18.3a. Confidential intermediary.
| 21 |
| (a) General purposes.
Notwithstanding any other provision | 22 |
| of
this Act, any
adopted or surrendered person 21 years of age | 23 |
| or over, any adoptive parent or legal guardian
of
an adopted or | 24 |
| surrendered person under the age of 21, or any birth parent of | 25 |
| an adopted
or surrendered person who is 21 years of age or over |
|
|
|
HB4623 Engrossed |
- 61 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| may petition the court in any county in
the
State of Illinois | 2 |
| for appointment of a confidential intermediary as provided in
| 3 |
| this Section for the purpose of exchanging medical information | 4 |
| with one or
more mutually consenting biological relatives, | 5 |
| obtaining identifying
information about one or more mutually | 6 |
| consenting biological relatives, or
arranging contact with one | 7 |
| or more mutually consenting biological relatives.
| 8 |
| Additionally, in cases where an adopted or surrendered person | 9 |
| is deceased,
an adult child of the adopted
or surrendered | 10 |
| person or his or her adoptive parents or surviving spouse may | 11 |
| file a petition under this Section and in cases
where the birth | 12 |
| parent is deceased,
an adult birth sibling of the adopted or | 13 |
| surrendered person or of the deceased birth parent
may
file a | 14 |
| petition under this Section for the purpose of exchanging | 15 |
| medical
information with one or more mutually consenting | 16 |
| biological relatives of the adopted or surrendered person,
| 17 |
| obtaining identifying information about one or more mutually | 18 |
| consenting
biological relatives of the adopted or surrendered | 19 |
| person, or arranging contact with one or more mutually
| 20 |
| consenting biological relatives of the adopted or surrendered | 21 |
| person. Beginning January 1, 2006, any adopted or surrendered | 22 |
| person 21 years of age or over; any adoptive parent or legal | 23 |
| guardian of an adopted or surrendered person under the age of | 24 |
| 21; any birth parent, birth sibling, birth aunt, or birth uncle | 25 |
| of an adopted or surrendered person over the age of 21; any | 26 |
| surviving child, adoptive parent, or surviving spouse of a |
|
|
|
HB4623 Engrossed |
- 62 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| deceased adopted or surrendered person who wishes to petition | 2 |
| the court for the appointment of a confidential intermediary | 3 |
| shall be required to accompany their petition with proof of | 4 |
| registration with the Illinois Adoption Registry and Medical | 5 |
| Information Exchange.
| 6 |
| (b) Petition. Upon petition by an adopted or surrendered
| 7 |
| person 21 years of age or over (an "adult adopted or | 8 |
| surrendered person") , an
adoptive parent or legal guardian of | 9 |
| an adopted or surrendered person under the age of 21,
or a | 10 |
| birth parent of an adopted or surrendered person who is 21 | 11 |
| years of age or over, the
court
shall appoint a confidential | 12 |
| intermediary. Upon petition by
an adult child, adoptive parent | 13 |
| or surviving spouse of an adopted or surrendered person who is | 14 |
| deceased, by an adult birth sibling of an adopted or | 15 |
| surrendered person
whose common birth parent is deceased
and | 16 |
| whose adopted or surrendered birth sibling is 21 years of age | 17 |
| or over, or by an adult sibling of a birth parent who is | 18 |
| deceased,
and whose surrendered child is 21 years of age or | 19 |
| over, the court may appoint a confidential
intermediary if the | 20 |
| court finds that the disclosure is of greater benefit than
| 21 |
| nondisclosure.
The petition shall state which biological | 22 |
| relative
or
relatives are being sought and shall indicate if | 23 |
| the petitioner wants to do any
one or more of the following: | 24 |
| exchange medical information with the
biological relative or | 25 |
| relatives, obtain identifying information from the
biological | 26 |
| relative or relatives, or to arrange contact with the |
|
|
|
HB4623 Engrossed |
- 63 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| biological
relative.
| 2 |
| (c) Order. The order appointing the confidential | 3 |
| intermediary shall allow
that
intermediary to conduct a search | 4 |
| for the sought-after relative by accessing
those records | 5 |
| described in subsection (g) of this Section.
| 6 |
| (d) Fees and expenses. The court shall condition the | 7 |
| appointment of the
confidential intermediary on the | 8 |
| petitioner's payment of the intermediary's
fees and expenses in | 9 |
| advance of the commencement of the work of the
confidential | 10 |
| intermediary. However, no fee shall be charged if the | 11 |
| petitioner is an adult adopted or surrendered person and the | 12 |
| sought-after relative is a birth parent who filed a Denial with | 13 |
| the Registry prior to January 1, 2009, or filed a Birth Parent | 14 |
| Preference Form on which Option E was selected after January 1, | 15 |
| 2009.
| 16 |
| (e) Eligibility of intermediary. The court may appoint as | 17 |
| confidential
intermediary any
person certified by the | 18 |
| Department of Children and Family Services as qualified to | 19 |
| serve as a confidential
intermediary.
Certification shall be | 20 |
| dependent upon the
confidential intermediary completing a | 21 |
| course of training including, but not
limited to, applicable | 22 |
| federal and State privacy laws.
| 23 |
| (f) Confidential Intermediary Council. There shall be | 24 |
| established under the
Department of Children and Family
| 25 |
| Services a Confidential Intermediary Advisory Council. One | 26 |
| member shall be an
attorney representing the Attorney General's |
|
|
|
HB4623 Engrossed |
- 64 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Office appointed by the Attorney
General. One member shall be a | 2 |
| currently certified confidential intermediary
appointed by the | 3 |
| Director of the Department of Children and Family Services.
The | 4 |
| Director shall also appoint 5 additional members. When making | 5 |
| those
appointments, the Director shall consider advocates for | 6 |
| adopted persons,
adoptive parents, birth parents, lawyers who | 7 |
| represent clients in private
adoptions, lawyers specializing | 8 |
| in privacy law, and representatives of agencies
involved in | 9 |
| adoptions. The Director shall appoint one of the 7 members as
| 10 |
| the chairperson. An attorney from the Department of Children | 11 |
| and Family
Services
and the person directly responsible for | 12 |
| administering the confidential
intermediary program shall | 13 |
| serve as ex-officio, non-voting advisors to the
Council. | 14 |
| Council members shall serve at the discretion of the Director | 15 |
| and
shall receive no compensation other than reasonable | 16 |
| expenses approved by the
Director. The Council shall meet no | 17 |
| less than twice yearly and shall meet at least once yearly with | 18 |
| the Registry Advisory Council , and shall make
recommendations | 19 |
| to the Director regarding the development of rules, procedures,
| 20 |
| and forms that will ensure efficient and effective operation of | 21 |
| the
confidential intermediary process, including:
| 22 |
| (1) Standards for certification for confidential | 23 |
| intermediaries.
| 24 |
| (2) Oversight of methods used to verify that | 25 |
| intermediaries are complying
with the appropriate laws.
| 26 |
| (3) Training for confidential intermediaries, |
|
|
|
HB4623 Engrossed |
- 65 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| including training with
respect to federal and State | 2 |
| privacy laws.
| 3 |
| (4) The relationship between confidential | 4 |
| intermediaries and the court
system, including the | 5 |
| development of sample orders defining the scope of the
| 6 |
| intermediaries' access to information.
| 7 |
| (5) Any recent violations of policy or procedures by | 8 |
| confidential
intermediaries and remedial steps, including | 9 |
| decertification, to prevent future
violations.
| 10 |
| (g) Access. Subject to the limitations of subsection (i) of | 11 |
| this
Section, the
confidential
intermediary shall have access | 12 |
| to vital records maintained by the Department of
Public Health | 13 |
| and its local designees for the maintenance of vital records or | 14 |
| a comparable public entity that maintains vital records in | 15 |
| another state in accordance with that state's laws, and
all | 16 |
| records of the court or any adoption agency,
public
or private, | 17 |
| as limited in this Section, which relate to the adoption or the | 18 |
| identity and location of an
adopted or surrendered person, of | 19 |
| an adult child or surviving spouse of a deceased adopted or | 20 |
| surrendered person, or of a birth
parent, birth sibling, or the | 21 |
| sibling of a deceased birth parent. The
confidential | 22 |
| intermediary shall not have access to any personal health
| 23 |
| information protected by the Standards for Privacy of | 24 |
| Individually
Identifiable Health Information adopted by the | 25 |
| U.S. Department of Health and
Human Services under the Health | 26 |
| Insurance Portability and Accountability Act of
1996 unless the |
|
|
|
HB4623 Engrossed |
- 66 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| confidential intermediary has obtained written consent from | 2 |
| the
person whose information is being sought or, if that person | 3 |
| is a minor child,
that person's parent or guardian. | 4 |
| Confidential
intermediaries shall be authorized to inspect | 5 |
| confidential relinquishment and
adoption records. The | 6 |
| confidential intermediary shall not be authorized to
access | 7 |
| medical
records, financial records, credit records, banking | 8 |
| records, home studies,
attorney file records, or other personal | 9 |
| records.
In cases where a birth parent is being sought by an | 10 |
| adult adopted or surrendered person , an adoption agency shall | 11 |
| inform
the confidential intermediary of any statement filed | 12 |
| pursuant to Section 18.3, hereinafter referred to as "the 18.3 | 13 |
| statement",
indicating a desire of the surrendering birth | 14 |
| parent to have identifying
information shared or to not have | 15 |
| identifying information shared. If there was
a clear statement | 16 |
| of intent by the sought-after birth parent not to have
| 17 |
| identifying information shared, the confidential intermediary | 18 |
| shall discontinue
the search and inform the petitioning party | 19 |
| of the sought-after relative's
intent unless the birth parent | 20 |
| filed the 18.3 statement prior to the enactment of this Section | 21 |
| and more than five years have elapsed since the filing of the | 22 |
| 18.3 statement. If the adult adopted or surrendered person is | 23 |
| the subject of an 18.3 statement indicating a desire not to | 24 |
| establish contact which was filed more than five years prior to | 25 |
| the search request, the confidential intermediary shall | 26 |
| confirm the petitioner's desire to continue the search . |
|
|
|
HB4623 Engrossed |
- 67 - |
LRB095 15988 AJO 42000 b |
|
| 1 |
| Information
provided to the confidential intermediary by an | 2 |
| adoption agency shall be
restricted to the full name, date of | 3 |
| birth, place of birth, last known address,
last known telephone | 4 |
| number of the sought-after relative or, if applicable,
of the | 5 |
| children or siblings of the sought-after relative, and the 18.3 | 6 |
| statement.
| 7 |
| (h) Adoption agency disclosure of medical information. If | 8 |
| the petitioner is
an adult adopted or surrendered person or the | 9 |
| adoptive parent of a
minor and if the petitioner has signed a | 10 |
| written authorization to disclose
personal medical | 11 |
| information, an adoption agency disclosing information to a
| 12 |
| confidential intermediary shall disclose available medical | 13 |
| information about
the adopted or surrendered person from birth | 14 |
| through adoption.
| 15 |
| (i) Duties of confidential intermediary in conducting a | 16 |
| search. In
conducting
a search under this Section, the | 17 |
| confidential intermediary shall first confirm
that there is no | 18 |
| Denial of Information Exchange on file with the Illinois
| 19 |
| Adoption Registry. If the petitioner is an adult child of an | 20 |
| adopted or surrendered person
who is deceased, the
confidential | 21 |
| intermediary shall additionally confirm that the adopted or | 22 |
| surrendered person
did not file a Denial of Information | 23 |
| Exchange with the Illinois Adoption
Registry during his or her | 24 |
| life. If the petitioner is an adult birth sibling of
an
adopted
| 25 |
| or surrendered person or an adult sibling of a birth parent who | 26 |
| is deceased,
the confidential intermediary shall
additionally |
|
|
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| 1 |
| confirm that the birth parent did not file a Denial of | 2 |
| Information
Exchange with the Registry during his or her life. | 3 |
| If there is a Denial on file with the Registry, the | 4 |
| confidential intermediary must discontinue the search unless | 5 |
| the petitioner is an adult adopted or surrendered person and | 6 |
| the sought-after birth relative filed the Denial five years or | 7 |
| more prior to the search or the birth parent has not been the | 8 |
| object of a search through the state confidential intermediary | 9 |
| program for ten or more years. If the petitioner is an adult | 10 |
| adopted or surrendered person and there is a Birth Parent | 11 |
| Preference Form on file with the Registry and the birth parent | 12 |
| who completed the form selected Option E, the confidential | 13 |
| intermediary must discontinue the search unless 5 years or more | 14 |
| have elapsed since the filing of the Birth Parent Preference | 15 |
| Form. If the confidential
intermediary learns that a | 16 |
| sought-after birth parent signed an 18.3 a statement
indicating | 17 |
| his or her intent not to have identifying information shared | 18 |
| prior to the enactment of this Section , and
did not later file | 19 |
| an Information Exchange Authorization or a Birth Parent | 20 |
| Preference Form with the Adoption
Registry, the confidential | 21 |
| intermediary shall discontinue the search and inform
the | 22 |
| petitioning party of the birth parent's intent unless the | 23 |
| petitioner is an adult adopted or surrendered person and five | 24 |
| years or more have elapsed since the birth parent signed the | 25 |
| statement indicating his or her intent not to have identifying | 26 |
| information shared. In cases where the birth parent filed a |
|
|
|
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| 1 |
| Denial of Information Exchange or statement indicating his or | 2 |
| her intent not to have identifying information shared less than | 3 |
| five years prior to the search request and the petitioner is an | 4 |
| adult adopted or surrendered person, the confidential | 5 |
| intermediary shall inform the petitioner of the need to | 6 |
| discontinue the search until five years have elapsed since the | 7 |
| Denial of Information Exchange was filed; in cases where a | 8 |
| birth parent was previously the subject of a search through the | 9 |
| state confidential intermediary program, the confidential | 10 |
| intermediary shall inform the petitioner of the need to | 11 |
| discontinue the search until ten years or more have elapsed | 12 |
| since the initial search was closed. In cases where a birth | 13 |
| parent has been the object of two searches through the state | 14 |
| confidential intermediary program, no subsequent search for | 15 |
| the birth parent shall be authorized absent a court order to | 16 |
| the contrary .
| 17 |
| In conducting a search under this Section, the confidential | 18 |
| intermediary
shall attempt to locate the relative or relatives | 19 |
| from whom the petitioner has
requested information. If the | 20 |
| sought-after relative is deceased
or cannot be located after a | 21 |
| diligent search, the
confidential intermediary may contact | 22 |
| other adult relatives of the
sought-after relative.
| 23 |
| The confidential intermediary shall contact a sought-after | 24 |
| relative on
behalf of the petitioner in a manner that respects | 25 |
| the sought-after relative's
privacy and shall inform the | 26 |
| sought-after relative of the petitioner's request
for medical |
|
|
|
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| information, identifying information or contact as stated in | 2 |
| the
petition. Based upon the terms of the petitioner's request, | 3 |
| the confidential
intermediary shall contact a sought-after | 4 |
| relative on behalf of the petitioner
and inform the | 5 |
| sought-after relative of the following options:
| 6 |
| (1) The sought-after relative may totally reject one or | 7 |
| all of the
requests for medical information, identifying | 8 |
| information or
contact. The sought-after relative shall be | 9 |
| informed that they can
provide a medical questionnaire to | 10 |
| be forwarded to the petitioner
without releasing any | 11 |
| identifying information. The confidential
intermediary | 12 |
| shall inform the petitioner of the sought-after
relative's | 13 |
| decision to reject the sharing of information or contact.
| 14 |
| (2) The sought-after relative may consent to | 15 |
| completing a medical
questionnaire only. In this case, the | 16 |
| confidential intermediary
shall provide the questionnaire | 17 |
| and ask the sought-after relative to
complete it. The | 18 |
| confidential intermediary shall forward the
completed | 19 |
| questionnaire to the petitioner and inform the petitioner
| 20 |
| of the sought-after relative's desire to not provide any | 21 |
| additional
information.
| 22 |
| (3) The sought-after relative may communicate with the | 23 |
| petitioner
without having his or her identity disclosed. In | 24 |
| this case, the
confidential intermediary shall arrange the | 25 |
| desired communication
in a manner that protects the | 26 |
| identity of the sought-after relative.
The confidential |
|
|
|
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| 1 |
| intermediary shall inform the petitioner of the
| 2 |
| sought-after relative's decision to communicate but not | 3 |
| disclose
his or her identity.
| 4 |
| (4) The sought after relative may consent to initiate | 5 |
| contact with the
petitioner. If both the petitioner and the | 6 |
| sought-after relative or
relatives are eligible to | 7 |
| register with the Illinois Adoption Registry,
the | 8 |
| confidential intermediary shall provide the necessary
| 9 |
| application forms and request that the sought-after | 10 |
| relative
register with the Illinois Adoption Registry. If | 11 |
| either the petitioner
or the sought-after relative or | 12 |
| relatives are ineligible to register
with the Illinois | 13 |
| Adoption Registry, the confidential intermediary
shall | 14 |
| obtain written consents from both parties that they wish to
| 15 |
| disclose their identities to each other and to have contact | 16 |
| with
each other.
| 17 |
| (j) Oath. The confidential intermediary shall sign an oath | 18 |
| of
confidentiality substantially as follows: "I, .........., | 19 |
| being duly sworn, on
oath depose and say: As a condition of | 20 |
| appointment as a confidential
intermediary, I affirm that:
| 21 |
| (1) I will not disclose to the petitioner,
directly or | 22 |
| indirectly, any confidential information
except in a | 23 |
| manner consistent with the
law.
| 24 |
| (2) I recognize that violation of this oath subjects me | 25 |
| to civil liability
and to a potential finding of contempt | 26 |
| of court.
................................
|
|
|
|
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| 1 |
| SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| 2 |
| date)
| 3 |
| ................................."
| 4 |
| (k) Sanctions.
| 5 |
| (1) Any confidential intermediary who improperly | 6 |
| discloses
confidential information identifying a | 7 |
| sought-after relative shall be liable to
the sought-after | 8 |
| relative for damages and may also be found in contempt of
| 9 |
| court.
| 10 |
| (2) Any person who learns a sought-after
relative's | 11 |
| identity, directly or indirectly, through the use of | 12 |
| procedures
provided in this Section and who improperly | 13 |
| discloses information identifying
the sought-after | 14 |
| relative shall be liable to the sought-after relative for
| 15 |
| actual damages plus minimum punitive damages of $10,000.
| 16 |
| (3) The Department shall fine any confidential | 17 |
| intermediary who improperly
discloses
confidential | 18 |
| information in violation of item (1) or (2) of this | 19 |
| subsection (k)
an amount up to $2,000 per improper | 20 |
| disclosure. This fine does not affect
civil liability under | 21 |
| item (2) of this subsection (k). The Department shall
| 22 |
| deposit all fines and penalties collected under this | 23 |
| Section into the Illinois
Adoption Registry and Medical | 24 |
| Information Fund.
| 25 |
| (l) Death of person being sought. Notwithstanding any other | 26 |
| provision
of this Act, if the confidential intermediary |
|
|
|
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| 1 |
| discovers that the person
being sought has died, he or she | 2 |
| shall report this fact to the court,
along with a copy of the | 3 |
| death certificate. If the sought-after relative is a birth | 4 |
| parent, the confidential intermediary shall also forward a copy | 5 |
| of the birth parent's death certificate or obituary to the | 6 |
| Registry for inclusion in the Registry file.
| 7 |
| (m) Any confidential information obtained by the | 8 |
| confidential intermediary
during the course of his or her | 9 |
| search shall be kept strictly confidential
and shall be used | 10 |
| for the purpose of arranging contact between the
petitioner and | 11 |
| the sought-after birth relative. At the time the case is
| 12 |
| closed, all identifying information shall be returned to the | 13 |
| court for
inclusion in the impounded adoption file.
| 14 |
| (n) If the petitioner is an adopted or surrendered person | 15 |
| 21 years of age or over or the
adoptive parent or legal | 16 |
| guardian of an adopted or surrendered person under the age
of | 17 |
| 21, any
non-identifying information, as defined in Section | 18 |
| 18.4, that is
ascertained during the course of the search may | 19 |
| be given in writing to
the petitioner at any time during the | 20 |
| search before the case is closed.
| 21 |
| (o) Except as provided in subsection (k) of this Section, | 22 |
| no liability shall
accrue to
the State, any State agency, any | 23 |
| judge, any officer or employee of the
court, any certified | 24 |
| confidential intermediary, or any agency designated
to oversee | 25 |
| confidential intermediary services for acts, omissions, or
| 26 |
| efforts made in good faith within the scope of this Section.
|
|
|
|
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| 1 |
| (p) An adoption agency that has received a request from a | 2 |
| confidential intermediary for the full name, date of birth, | 3 |
| last known address, or last known telephone number of a | 4 |
| sought-after relative pursuant to subsection (g) of Section | 5 |
| 18.3a 18.3 , or for medical information regarding a sought-after | 6 |
| relative pursuant to subsection (h) of Section 18.3a 18.3 , must | 7 |
| satisfactorily comply with this court order within a period of | 8 |
| 45 days. The court shall order the adoption agency to reimburse | 9 |
| the petitioner in an amount equal to all payments made by the | 10 |
| petitioner to the confidential intermediary, and the adoption | 11 |
| agency shall be subject to a civil monetary penalty of $1,000 | 12 |
| to be paid to the Department of Children and Family Services. | 13 |
| Following the issuance of a court order finding that the | 14 |
| adoption agency has not complied with Section 18.3, the | 15 |
| adoption agency shall be subject to a monetary penalty of $500 | 16 |
| per day for each subsequent day of non-compliance. Proceeds | 17 |
| from such fines shall be utilized by the Department of Children | 18 |
| and Family Services to subsidize the fees of petitioners as | 19 |
| referenced in subsection (d) of this Section. | 20 |
| (q) Provide information to eligible petitioners. The | 21 |
| confidential intermediary may provide to eligible petitioners | 22 |
| as described in subsections (a) and (b) of this Section, the | 23 |
| name of the child welfare agency which had legal custody of the | 24 |
| surrendered person or responsibility for placing the | 25 |
| surrendered person and any available contact information for | 26 |
| such agency. In addition, the confidential intermediary may |
|
|
|
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| 1 |
| provide to such petitioners the name of the state in which the | 2 |
| surrender occurred or in which the adoption was finalized. | 3 |
| Any reimbursements and fines, notwithstanding any | 4 |
| reimbursement directly to the petitioner, paid under this | 5 |
| subsection are in addition to other remedies a court may | 6 |
| otherwise impose by law. | 7 |
| Proceeds from the penalties paid to the Department of | 8 |
| Children and Family Services shall be deposited into the DCFS | 9 |
| Children's Services Fund. The Department of Children and Family | 10 |
| Services shall submit reports to the Confidential Intermediary | 11 |
| Advisory Council by July 1 and January 1 of each year in order | 12 |
| to report the penalties assessed and collected under this | 13 |
| subsection, the amounts of related deposits into the DCFS | 14 |
| Children's Services Fund, and any expenditures from such | 15 |
| deposits.
| 16 |
| (Source: P.A. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06; | 17 |
| 94-1010, eff. 10-1-06.)
| 18 |
| (750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
| 19 |
| Sec. 18.5. Liability. No liability shall attach to the | 20 |
| State, any
agency thereof,
any licensed agency, any judge, any | 21 |
| officer or employee of the court, or
any party or employee | 22 |
| thereof involved in the surrender of a child for
adoption or in | 23 |
| an adoption proceeding for acts or efforts made within the
| 24 |
| scope of Sections 18.05 thru 18.5, inclusive, of this Act and
| 25 |
| under
its provisions, except for subsection (n) (f) of Section |
|
|
|
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| 1 |
| 18.1.
| 2 |
| (Source: P.A. 91-417, eff. 1-1-00.)
| 3 |
| (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
| 4 |
| Sec. 18.6. Registry fees. The Department of Public Health | 5 |
| shall levy a
fee for each
registrant under Sections 18.05 | 6 |
| through 18.5.
A $40 fee shall be charged for registering with | 7 |
| the Illinois Adoption
Registry and Medical Information | 8 |
| Exchange. However, this fee shall be
waived for all adopted or | 9 |
| surrendered persons, surviving children and spouses of | 10 |
| deceased adopted persons, adoptive parents,
legal guardians, | 11 |
| birth parents, and
birth siblings who complete a Medical | 12 |
| Information Exchange Questionnaire at the
time of registration | 13 |
| and authorize its release to specified registered parties,
and | 14 |
| for adoptive parents
registering within 12 months of the | 15 |
| finalization of the
adoption. All persons who were registered | 16 |
| with the Illinois Adoption Registry
prior to the effective date | 17 |
| of this amendatory Act of 1999
and who wish to
update their | 18 |
| registration may do so without charge.
No charge of any
kind | 19 |
| shall be made for the withdrawal of any form provided in | 20 |
| Section 18.2.
| 21 |
| (Source: P.A. 91-417, eff. 1-1-00.)
|
|