Illinois General Assembly - Full Text of HB2136
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Full Text of HB2136  93rd General Assembly

HB2136sam002 93rd General Assembly


093_HB2136sam002











                                     LRB093 07705 LCB 14962 a

 1                    AMENDMENT TO HOUSE BILL 2136

 2        AMENDMENT NO.     .  Amend House Bill 2136  by  replacing
 3    everything after the enacting clause with the following:

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

 6        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
 7        Sec. 18.2. Forms.
 8        (a)  The  form   of   the   Birth   Parent   Registration
 9    Identification Form shall be substantially as follows:
10              BIRTH PARENT REGISTRATION IDENTIFICATION
11                   (Insert all known information)
12    I,  .....,  state  that I am the ...... (mother or father) of
13    the following child:
14        Child's original name: ..... (first) ..... (middle) .....
15             (last),  .....  (hour  of  birth),  .....  (date  of
16             birth), ..... (city and state of birth), ..... (name
17             of hospital).
18        Father's full name: ...... (first) ...... (middle)  .....
19             (last), ..... (date of birth), ..... (city and state
20             of birth).
21        Name  of  mother  inserted  on  birth  certificate: .....
22             (first) ..... (middle) ..... (last),  .....  (race),
 
                            -2-      LRB093 07705 LCB 14962 a
 1             .....  (date  of  birth),  ...... (city and state of
 2             birth).
 3    That I  surrendered  my  child  to:  .............  (name  of
 4        agency),   .....   (city  and  state  of  agency),  .....
 5        (approximate date child surrendered).
 6    That I placed my child by  private  adoption:  .....  (date),
 7        ...... (city and state).
 8    Name of adoptive parents, if known: ......
 9    Other identifying information: .....
10                                         ........................
11                                            (Signature of parent)
12    ............                         ........................
13    (date)                               (printed name of parent)

14        (b)  The   form   of   the  Adopted  Person  Registration
15    Identification shall be substantially as follows:
16                           ADOPTED PERSON
17                     REGISTRATION IDENTIFICATION
18                   (Insert all known information)
19    I, ....., state the following:
20        Adopted  Person's  present  name:  .....  (first)   .....
21             (middle) ..... (last).
22        Adopted  Person's name at birth (if known): ..... (first)
23             ..... (middle) .....  (last),  .....  (birth  date),
24             ..... (city and state of birth), ...... (sex), .....
25             (race).
26        Name  of  adoptive  father:  ..... (first) ..... (middle)
27             ..... (last), ..... (race).
28        Maiden name  of  adoptive  mother:  .....  (first)  .....
29             (middle) ..... (last), ..... (race).
30        Name  of  birth  mother  (if  known): ..... (first) .....
31             (middle) ..... (last), ..... (race).
32        Name of birth father  (if  known):  .....  (first)  .....
33             (middle) ..... (last), ..... (race).
34        Name(s)  at  birth  of  sibling(s)  having a common birth
 
                            -3-      LRB093 07705 LCB 14962 a
 1             parent with adoptee (if known): ..... (first)  .....
 2             (middle)  .....  (last),  .....  (race), and name of
 3             common birth parent: .....  (first)  .....  (middle)
 4             ..... (last), ..... (race).
 5    I was adopted through: ..... (name of agency).
 6    I was adopted privately: ..... (state "yes" if known).
 7    I  was  adopted in ..... (city and state), ..... (approximate
 8        date).
 9    Other identifying information: .............
10                                           ......................
11                                           (signature of adoptee)
12    ...........                         .........................
13    (date)                              (printed name of adoptee)

14        (c)  The form  of  the  Surrendered  Person  Registration
15    Identification shall be substantially as follows:
16                   SURRENDERED PERSON REGISTRATION
17                           IDENTIFICATION
18                   (Insert all known information)
19    I, ....., state the following:
20        Surrendered  Person's  present  name: ..... (first) .....
21             (middle) ..... (last).
22        Surrendered Person's name  at  birth  (if  known):  .....
23             (first)  .....  (middle)  .....  (last), .....(birth
24             date), .....  (city  and  state  of  birth),  ......
25             (sex), ..... (race).
26        Name  of  guardian  father:  ..... (first) ..... (middle)
27             ..... (last), ..... (race).
28        Maiden name  of  guardian  mother:  .....  (first)  .....
29             (middle) ..... (last), ..... (race).
30        Name  of  birth  mother  (if  known): ..... (first) .....
31             (middle) ..... (last) ..... (race).
32        Name of birth father  (if  known):  .....  (first)  .....
33             (middle) ..... (last), .....(race).
34        Name(s)  at  birth  of  sibling(s)  having a common birth
 
                            -4-      LRB093 07705 LCB 14962 a
 1             parent with surrendered  person  (if  known):  .....
 2             (first)  .....  (middle) ..... (last), ..... (race),
 3             and name of common birth parent: ..... (first) .....
 4             (middle) ..... (last), ..... (race).
 5    I was surrendered for adoption to: ..... (name of agency).
 6    I was surrendered for adoption in  .....  (city  and  state),
 7        ..... (approximate date).
 8    Other identifying information: ............
 9                                 ................................
10                                (signature of surrendered person)
11    ............                           ......................
12    (date)                                (printed name of person
13                                        surrendered for adoption)

14        (d)  The  form  of the Information Exchange Authorization
15    shall be substantially as follows:
16                 INFORMATION EXCHANGE AUTHORIZATION
17        I, ....., state that I am the person  who  completed  the
18    Registration  Identification;  that  I am of the age of .....
19    years; that I  hereby  authorize  the  Department  of  Public
20    Health   to   give  to  my  (birth  parent)  (birth  sibling)
21    (surrendered  child)  the   following   (please   check   the
22    information authorized for exchange):
23             [  ]  1.  Only my name and last known address.
24             [  ]  2.  A  copy  of  my Illinois Adoption Registry
25        Application.
26             [  ]  3.  A copy of the original certificate of live
27        birth.
28        I am fully aware that I can only  be  supplied  with  any
29    information   about   my   (birth   parent)  (birth  sibling)
30    (surrendered child) if  such  person  has  duly  executed  an
31    Information Exchange Authorization for such information which
32    has  not been revoked; that I can be contacted by writing to:
33    ..... (own name or  name  of  person  to  contact)  (address)
34    (phone number).
 
                            -5-      LRB093 07705 LCB 14962 a
 1        Dated (insert date).
 2    ............                                   ..............
 3    (witness)                                         (signature)

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

16        (f)  The  Information  Exchange  Authorization  and   the
17    Denial  of  Information Exchange shall be acknowledged by the
18    birth parent, birth sibling, adopted or  surrendered  person,
19    adoptive parent, or legal guardian before a notary public, in
20    form substantially as follows:
21    State of ..............
22    County of .............
23        I,  a  Notary  Public, in and for the said County, in the
24    State  aforesaid,  do  hereby  certify  that  ...............
25    personally known to me to be the same person  whose  name  is
26    subscribed  to  the foregoing certificate of acknowledgement,
27    appeared before me in person and  acknowledged  that  (he  or
28    she)  signed  such  certificate  as  (his  or  her)  free and
29    voluntary act and that the statements in such certificate are
30    true.
31        Given under my hand and notarial seal on (insert date).
32                                        .........................
33                                                 (signature)
 
                            -6-      LRB093 07705 LCB 14962 a
 1        (g)  When  the  execution  of  an  Information   Exchange
 2    Authorization   or   a  Denial  of  Information  Exchange  is
 3    acknowledged before  a  representative  of  an  agency,  such
 4    representative  shall  have his signature on said Certificate
 5    acknowledged before a notary public, in form substantially as
 6    follows:
 7    State of..........
 8    County of.........
 9        I, a Notary Public, in and for the said  County,  in  the
10    State  aforesaid,  do  hereby  certify  that ..... personally
11    known to me to be the same person whose name is subscribed to
12    the foregoing certificate of acknowledgement, appeared before
13    me in person and acknowledged that (he or  she)  signed  such
14    certificate  as  (his or her) free and voluntary act and that
15    the statements in such certificate are true.
16        Given under my hand and notarial seal on (insert date).
17                                          .......................
18                                                   (signature)

19        (h)  When  an  Illinois  Adoption  Registry  Application,
20    Information Exchange Authorization or a Denial of Information
21    Exchange is executed in a foreign country, the  execution  of
22    such  document  shall  be  acknowledged or affirmed before an
23    officer of the United States consular services.
24        (i)  If  the  person  signing  an  Information   Exchange
25    Authorization  or  a Denial of Information is in the military
26    service of the United States, the execution of such  document
27    may  be  acknowledged  before  a commissioned officer and the
28    signature of  such  officer  on  such  certificate  shall  be
29    verified  or  acknowledged  before a notary public or by such
30    other procedure as is then in effect  for  such  division  or
31    branch of the armed forces.
32        (j)  The Department shall modify these forms as necessary
33    to  implement  the  provisions of this amendatory Act of 1999
34    including  creating  Registration  Identification  Forms  for
 
                            -7-      LRB093 07705 LCB 14962 a
 1    non-surrendered birth siblings, adoptive  parents  and  legal
 2    guardians.
 3    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

 4        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
 5        Sec.   18.3a.  Confidential  intermediary.   (a)  General
 6    purposes. Notwithstanding any other provision  of  this  Act,
 7    any  adopted  person  21  years  of age or over, any adoptive
 8    parent or legal guardian of an adopted person under  the  age
 9    of  21,  or  any  birth parent of an adopted person who is 21
10    years of age or over may petition the court in any county  in
11    the  State  of  Illinois  for  appointment  of a confidential
12    intermediary as provided in this Section for the  purpose  of
13    exchanging  medical  information  with  one  or more mutually
14    consenting  biological   relatives,   obtaining   identifying
15    information  about one or more mutually consenting biological
16    relatives, or arranging contact with  one  or  more  mutually
17    consenting biological relatives. Additionally, in cases where
18    an  adopted or surrendered person is deceased, an adult child
19    of the adopted or surrendered  person  may  file  a  petition
20    under  this  Section  and  in cases where the birth parent is
21    deceased,  an adult birth sibling of the adopted person or of
22    the deceased birth parent may  file  a  petition  under  this
23    Section  for  the  purpose  of exchanging medical information
24    with one or more mutually  consenting  biological  relatives,
25    obtaining  identifying information about one or more mutually
26    consenting biological relatives, or  arranging  contact  with
27    one or more mutually consenting biological relatives.
28        (b)  Petition.  Upon  petition  by  an  adopted person 21
29    years of age or over, an adoptive parent or legal guardian of
30    an adopted person under the age of 21, or a birth  parent  of
31    an  adopted  person who is 21 years of age or over, the court
32    shall appoint a confidential intermediary without a  hearing.
33    Upon  petition  by an adult child of an adopted person who is
 
                            -8-      LRB093 07705 LCB 14962 a
 1    deceased or by an adult birth sibling of  an  adopted  person
 2    whose  birth  parent  is deceased or by an adult sibling of a
 3    birth parent  who  is  deceased,  the  court  may  appoint  a
 4    confidential   intermediary  if  the  court  finds  that  the
 5    disclosure is of  greater  benefit  than  nondisclosure.  The
 6    petition  shall  state which biological relative or relatives
 7    are being sought and shall indicate if the  petitioner  wants
 8    to  do  any  one  or  more of the following: exchange medical
 9    information with the biological relative or relatives, obtain
10    identifying  information  from  the  biological  relative  or
11    relatives,  or  to  arrange  contact  with   the   biological
12    relative.
13        (c)  Fees  and  expenses.  The  court shall condition the
14    appointment  of  the   confidential   intermediary   on   the
15    petitioner's  payment of the intermediary's fees and expenses
16    in  advance  of  the  commencement  of  the   work   of   the
17    confidential intermediary.
18        (d)  Eligibility  of  intermediary. The court may appoint
19    as  confidential  intermediary  either  an  employee  of  the
20    Illinois  Department  of   Children   and   Family   Services
21    designated  by  the  Department  to  serve as such, any other
22    person certified by the Department as qualified to serve as a
23    confidential intermediary, or  any  employee  of  a  licensed
24    child  welfare agency certified by the agency as qualified to
25    serve as a confidential intermediary.
26        (e)   Access.  Notwithstanding  any  other  provision  of
27    State law, the confidential intermediary shall have access to
28    all  records of the court or any agency, school, or hospital,
29    public or private,  which  relate  to  the  adoption  or  the
30    identity  and  location  of  any adopted person or his or her
31    adoptive  parents,  legal  guardians,  adult  children  of  a
32    deceased adopted person,  birth  parent,  birth  sibling,  or
33    sibling    of   a   deceased   birth   parent.   Confidential
34    intermediaries shall be authorized  to  inspect  confidential
 
                            -9-      LRB093 07705 LCB 14962 a
 1    relinquishment, adoption, and other records.
 2        (f)  Duties  of confidential intermediary in conducting a
 3    search. In  conducting  a  search  under  this  Section,  the
 4    confidential  intermediary  shall first confirm that there is
 5    no Denial of Information Exchange on file with  the  Illinois
 6    Adoption  Registry. If the petitioner is an adult child of an
 7    adopted person who is deceased, the confidential intermediary
 8    shall additionally confirm that the adopted  person  did  not
 9    file  a  Denial  of  Information  Exchange  with the Illinois
10    Adoption Registry during his or her life. If  the  petitioner
11    is  an  adult  birth sibling of an adopted person or an adult
12    sibling of a birth parent who is deceased,  the  confidential
13    intermediary shall additionally confirm that the birth parent
14    did  not  file  a  Denial  of  Information  Exchange with the
15    Registry during his or her life.
16        In  conducting  a  search   under   this   Section,   the
17    confidential   intermediary   shall  attempt  to  locate  the
18    relative or relatives with whom the petitioner has  requested
19    contact.  If  the sought-after relative is deceased or cannot
20    be  located  after  a  diligent  search,   the   confidential
21    intermediary  may  contact  adult biological relatives of the
22    sought-after relative.
23        The   confidential   intermediary   shall    contact    a
24    sought-after relative on behalf of the petitioner in a manner
25    that  respects  the sought-after relative's privacy and shall
26    inform the sought-after relative of the petitioner's  request
27    for  medical  information, identifying information or contact
28    as stated in the  petition.  Based  upon  the  terms  of  the
29    petitioner's  request,  the  confidential  intermediary shall
30    contact a sought-after relative on behalf of  the  petitioner
31    and   inform  the  sought-after  relative  of  the  following
32    options:
33        (1)  The sought-after relative may totally reject one  or
34    all  of  the  requests  for  medical information, identifying
 
                            -10-     LRB093 07705 LCB 14962 a
 1    information or contact. The sought-after  relative  shall  be
 2    informed  that they can provide a medical questionnaire to be
 3    forwarded to the petitioner without releasing any identifying
 4    information. The confidential intermediary shall  inform  the
 5    petitioner  of the sought-after relative's decision to reject
 6    the sharing of information and contact.
 7        (2)  The sought-after relative may consent to  completing
 8    a  medical questionnaire only. In this case, the confidential
 9    intermediary shall provide  the  questionnaire  and  ask  the
10    sought-after   relative  to  complete  it.  The  confidential
11    intermediary shall forward the completed questionnaire to the
12    petitioner and inform  the  petitioner  of  the  sought-after
13    relative's desire to not provide any additional information.
14        (3)  The  sought-after  relative may communicate with the
15    petitioner without having his or her identity  disclosed.  In
16    this  case,  the  confidential intermediary shall arrange the
17    desired communication in a manner that protects the  identity
18    of  the  sought-after relative. The confidential intermediary
19    shall inform the petitioner of  the  sought-after  relative's
20    decision to communicate but not disclose his or her identity.
21        (4)  The  sought  after  relative may consent to initiate
22    contact with the petitioner. If both the petitioner  and  the
23    sought-after  relative  or relatives are eligible to register
24    with  the  Illinois  Adoption  Registry,   the   confidential
25    intermediary  shall  provide  the necessary application forms
26    and request that the sought-after relative register with  the
27    Illinois  Adoption  Registry. If either the petitioner or the
28    sought-after relative or relatives are ineligible to register
29    with  the  Illinois  Adoption  Registry,   the   confidential
30    intermediary  shall obtain written consents from both parties
31    that they wish to disclose their identities to each other and
32    to have contact with each other.
33        (g)  Oath. The confidential intermediary  shall  sign  an
34    oath   of   confidentiality  substantially  as  follows:  "I,
 
                            -11-     LRB093 07705 LCB 14962 a
 1    .........., being duly sworn, on oath depose and  say:  As  a
 2    condition  of  appointment  as a confidential intermediary, I
 3    affirm that:
 4             (1)  I will not disclose to the petitioner, directly
 5        or indirectly, any confidential information except  in  a
 6        manner consistent with the law.
 7             (2)  I   recognize   that  violation  of  this  oath
 8        subjects me to civil liability  and  to  being  found  in
 9        contempt of court. ................................
10    SUBSCRIBED  AND  SWORN  to  before  me,  a  Notary Public, on
11    (insert date)
12    ................................."
13        (h)  Sanctions.   Any   confidential   intermediary   who
14    improperly discloses confidential information  identifying  a
15    sought-after  relative  shall  be  liable to the sought-after
16    relative for damages and may also be  found  in  contempt  of
17    court.
18        (i)  Death  of  person  being sought. Notwithstanding any
19    other provision of this Act, if the confidential intermediary
20    discovers that the person being sought has died,  he  or  she
21    shall report this fact to the court, along with a copy of the
22    death certificate.
23        (j)  Any   confidential   information   obtained  by  the
24    confidential intermediary during the course  of  his  or  her
25    search  shall be kept strictly confidential and shall be used
26    for the purpose of arranging contact between  the  petitioner
27    and  the sought-after birth relative. At the time the case is
28    closed, all identifying information shall be returned to  the
29    court for inclusion in the impounded adoption file.
30        (k)  If  the  petitioner is an adopted person 21 years of
31    age or over or the adoptive parent or legal  guardian  of  an
32    adopted  person  under  the  age  of  21, any non-identifying
33    information, as defined in Section 18.4, that is  ascertained
34    during  the  course  of the search may be given in writing to
 
                            -12-     LRB093 07705 LCB 14962 a
 1    the petitioner before the case is closed.
 2        (l)  Except  as  provided  in  subsection  (h)  of   this
 3    Section,  no  liability  shall accrue to the State, any State
 4    agency, any judge, any officer or employee of the court,  any
 5    certified confidential intermediary, or any agency designated
 6    to  oversee  confidential  intermediary  services  for  acts,
 7    omissions,  or efforts made in good faith within the scope of
 8    this Section.
 9        (a)  General   purposes.    Notwithstanding   any   other
10    provision of this Act, any adopted person over the age of  21
11    or any adoptive parent or legal guardian of an adopted person
12    under the age of 21 may petition the court for appointment of
13    a  confidential  intermediary as provided in this Section for
14    the purpose of obtaining from one or both birth parents or  a
15    sibling   or  siblings  of  the  adopted  person  information
16    concerning   the   background   of   a    psychological    or
17    genetically-based medical problem experienced or which may be
18    expected  to  be  experienced  in  the  future by the adopted
19    person or obtaining assistance in treating such a problem.
20        (b)  Petition.  The court shall  appoint  a  confidential
21    intermediary  for the purposes described in subsection (f) if
22    the petitioner shows the following:
23             (1)  the adopted  person  is  suffering  or  may  be
24        expected  to suffer in the future from a life-threatening
25        or substantially incapacitating physical illness  of  any
26        nature,   or   a   psychological   disturbance  which  is
27        substantially incapacitating but not life-threatening, or
28        a mental illness which, in the  opinion  of  a  physician
29        licensed  to practice medicine in all its branches, is or
30        could be genetically based to a significant degree;
31             (2)  the treatment of the  adopted  person,  in  the
32        opinion  of  a physician licensed to practice medicine in
33        all of its branches,  would  be  materially  assisted  by
34        information  obtainable  from  the birth parents or might
 
                            -13-     LRB093 07705 LCB 14962 a
 1        benefit from the provision  of  organs  or  other  bodily
 2        tissues,  materials,  or  fluids  by the birth parents or
 3        other close biological relatives; and
 4             (3)  there  is  neither  an   Information   Exchange
 5        Authorization  nor a Denial of Information Exchange filed
 6        in the Registry as provided in Section 18.1.
 7        The affidavit or  testimony  of  the  treating  physician
 8    shall  be  conclusive  on the issue of the utility of contact
 9    with the birth  parents  unless  the  court  finds  that  the
10    relationship  between  the  illness  to  be  treated  and the
11    alleged need for contact is totally without foundation.
12        (c)  Fees and expenses.  The court  shall  condition  the
13    appointment  of  the confidential intermediary on the payment
14    of the intermediary's fees and expenses  in  advance,  unless
15    the  intermediary waives the right to full advance payment or
16    to any reimbursement at all.
17        (d)  Eligibility of intermediary.  The court may  appoint
18    as  confidential  intermediary  either  an  employee  of  the
19    Illinois   Department   of   Children   and  Family  Services
20    designated by the Department to  serve  as  such,  any  other
21    person certified by the Department as qualified to serve as a
22    confidential  intermediary,  or  any  employee  of a licensed
23    child welfare agency certified by the agency as qualified  to
24    serve as a confidential intermediary.
25        (e)  Access.  Notwithstanding any other provision of law,
26    the  confidential  intermediary  shall  have  access  to  all
27    records  of the court or any agency, public or private, which
28    relate to the adoption or the identity and  location  of  any
29    birth parent.
30        (f)  Purposes  of contact.  The confidential intermediary
31    has only the following powers and duties:
32             (1)  To contact one or both  birth  parents,  inform
33        the parent or parents of the basic medical problem of the
34        adopted  person  and  the  nature  of  the information or
 
                            -14-     LRB093 07705 LCB 14962 a
 1        assistance sought from the birth parent, and  inform  the
 2        parent or parents of the following options:
 3                  (A)  The  birth  parent  may totally reject the
 4             request for assistance or information, or both,  and
 5             no  disclosure of identity or location shall be made
 6             to the petitioner.
 7                  (B)  The birth parent may file  an  Information
 8             Exchange  Authorization as provided in Section 18.1.
 9             The confidential intermediary shall explain  to  the
10             birth  parent  the  consequences  of  such a filing,
11             including that the birth parent's identity  will  be
12             available  for  discovery  by the adopted person. If
13             the  birth  parent  agrees  to  this   option,   the
14             confidential  intermediary  shall  supply the parent
15             with the appropriate forms, shall be responsible for
16             their immediate filing with the Registry, and  shall
17             inform the petitioner of their filing.
18                  (C)  If  the birth parent wishes to provide the
19             information or assistance sought but does  not  wish
20             his  or  her  identity  disclosed,  the confidential
21             intermediary shall arrange for the disclosure of the
22             information or the provision  of  assistance  in  as
23             confidential  a  manner as possible so as to protect
24             the privacy of the birth  parent  and  minimize  the
25             likelihood  of  disclosure  of  the  birth  parent's
26             identity.
27             (2)  If  a birth parent so desires, to arrange for a
28        confidential communication with the treating physician to
29        discuss  the  need  for  the  requested  information   or
30        assistance.
31             (3)  If   a  birth  parent  agrees  to  provide  the
32        information or assistance sought but wishes  to  maintain
33        his  or  her privacy, to arrange for the provision of the
34        information  or  assistance  to  the  physician   in   as
 
                            -15-     LRB093 07705 LCB 14962 a
 1        confidential  a  manner  as possible so as to protect the
 2        privacy of the birth parent and minimize  the  likelihood
 3        of disclosure of the birth parent's identity.
 4        (g)  Oath.   The  confidential intermediary shall sign an
 5    oath of confidentiality substantially as follows:
 6             "I, .........., being duly sworn, on oath depose and
 7        say:  As a condition of  appointment  as  a  confidential
 8        intermediary, I affirm that:
 9             (1)  I will not disclose to the petitioner, directly
10        or  indirectly,  any  information  about  the identity or
11        location of the birth parent whose  assistance  is  being
12        sought  for medical reasons except in a manner consistent
13        with the law.
14             (2)  I  recognize  that  violation  of   this   oath
15        subjects  me  to  civil  liability  and to being found in
16        contempt of court.
17                                 ................................

18             SUBSCRIBED AND SWORN to before me, a Notary  Public,
19        on (insert date).
20                                ................................"
21        (h)  Sanctions.
22             (1)  Any  confidential  intermediary  who improperly
23        discloses information identifying a birth parent shall be
24        liable to the birth parent for damages and  may  also  be
25        found in contempt of court.
26             (2)  Any   person   who   learns  a  birth  parent's
27        identity, directly or  indirectly,  through  the  use  of
28        procedures  provided  in  this Section and who improperly
29        discloses information identifying the birth parent  shall
30        be  liable  to  the  birth parent for actual damages plus
31        minimum punitive damages of $10,000.
32        (i)  Death of birth  parent.  Notwithstanding  any  other
33    provision  of  this  Act,  if  the  confidential intermediary
34    discovers that the person  whose  assistance  is  sought  has
 
                            -16-     LRB093 07705 LCB 14962 a
 1    died,  he  or  she shall report this fact to the court, along
 2    with a copy of the death certificate.
 3    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

 4        (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
 5        Sec. 18.4.  (a) The agency, Department  of  Children  and
 6    Family Services, Court Supportive Services, Juvenile Division
 7    of  the  Circuit  Court,  or  the  Probation  Officers of the
 8    Circuit Court involved in the adoption proceedings shall give
 9    in writing  the  following  non-identifying  information,  if
10    known,  to  the  adoptive  parents not later than the date of
11    placement with the petitioning adoptive parents:  (i) age  of
12    biological  parents;  (ii)  their  race,  religion and ethnic
13    background; (iii) general physical appearance  of  biological
14    parents; (iv) their education, occupation, hobbies, interests
15    and  talents; (v) existence of any other children born to the
16    biological  parents;  (vi)   information   about   biological
17    grandparents;  reason  for emigrating into the United States,
18    if applicable, and  country  of  origin;  (vii)  relationship
19    between  biological  parents; and (viii) detailed medical and
20    mental health histories of the child, the biological parents,
21    and their immediate relatives; and (ix) the actual  date  and
22    place   of   birth   of  the  adopted  person.   However,  no
23    information provided under this subsection shall disclose the
24    name  or  last  known  address  of  the  biological  parents,
25    grandparents, the siblings of  the  biological  parents,  the
26    adopted person, or any other relative of the adopted person.
27        (b)  Any  adoptee  18 years of age or over shall be given
28    the information in subsection (a) upon request.
29        (c)  The Illinois Adoption  Registry  shall  release  any
30    non-identifying  information  listed  in  (a) of this Section
31    that  appears  on  the  original  birth  certificate  or  the
32    Certificate  of  Adoption  to  an  adopted  person,  adoptive
33    parent, or legal guardian who is a registrant of the Illinois
 
                            -17-     LRB093 07705 LCB 14962 a
 1    Adoption Registry.
 2        (d)  The Illinois Adoption  Registry  shall  release  the
 3    actual  date and place of birth of an adopted person over the
 4    age of 21 to the birth  parent  if  the  birth  parent  is  a
 5    registrant   of   the  Illinois  Adoption  Registry  and  has
 6    completed a Medical Information Exchange Authorization.
 7        (e)  The  Illinois  Adoption   Registry   shall   release
 8    information regarding the date of the adoption and the county
 9    in   which   the   adoption  was  finalized  to  a  certified
10    confidential intermediary upon submission of a court order.
11        (f)  In  cases  where  the  Illinois  Adoption   Registry
12    possesses  information indicating that an adopted person over
13    the age of 21 was adopted in a state other than Illinois or a
14    country other than the United States, the  Illinois  Adoption
15    Registry shall release the name of the state or country where
16    the  adoption  was  finalized  and,  if available, the agency
17    involved in the adoption to  a  registrant  of  the  Illinois
18    Adoption  Registry  who  has  completed a Medical Information
19    Exchange Authorization.
20        (g) (c)  Any of the above available information  for  any
21    adoption  proceedings  completed before the effective date of
22    this Act shall be supplied to  the  adoptive  parents  or  an
23    adoptee 18 years of age or over upon request.
24        (h)  (d)  The  agency,  Department of Children and Family
25    Services, Court Supportive Services, Juvenile Division of the
26    Circuit Court, the Probation Officers of  the  Circuit  Court
27    and  any  other  governmental  bodies having any of the above
28    information shall retain the file  until  the  adoptee  would
29    have reached the age of 99 years.
30    (Source: P.A. 87-617.)".