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

HB2136sam003 93rd General Assembly


093_HB2136sam003

 










                                     LRB093 07705 LCB 16119 a

 1                    AMENDMENT TO HOUSE BILL 2136

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

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

 7        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
 8        Sec. 18.2. Forms.
 9        (a)  The   form   of   the   Birth   Parent  Registration
10    Identification Form shall be substantially as follows:
11              BIRTH PARENT REGISTRATION IDENTIFICATION
12                   (Insert all known information)
13    I, ....., state that I am the ...... (mother  or  father)  of
14    the following child:
15        Child's original name: ..... (first) ..... (middle) .....
16             (last),  .....  (hour  of  birth),  .....  (date  of
17             birth), ..... (city and state of birth), ..... (name
18             of hospital).
19        Father's  full name: ...... (first) ...... (middle) .....
20             (last), ..... (date of birth), ..... (city and state
21             of birth).
22        Name of  mother  inserted  on  birth  certificate:  .....
 
                            -2-      LRB093 07705 LCB 16119 a
 1             (first)  .....  (middle) ..... (last), ..... (race),
 2             ..... (date of birth), ......  (city  and  state  of
 3             birth).
 4    That  I  surrendered  my  child  to:  .............  (name of
 5        agency),  .....  (city  and  state  of   agency),   .....
 6        (approximate date child surrendered).
 7    That  I  placed  my  child by private adoption: ..... (date),
 8        ...... (city and state).
 9    Name of adoptive parents, if known: ......
10    Other identifying information: .....
11                                         ........................
12                                            (Signature of parent)
13    ............                         ........................
14    (date)                               (printed name of parent)

15        (b)  The  form  of  the   Adopted   Person   Registration
16    Identification shall be substantially as follows:
17                           ADOPTED PERSON
18                     REGISTRATION IDENTIFICATION
19                   (Insert all known information)
20    I, ....., state the following:
21        Adopted   Person's  present  name:  .....  (first)  .....
22             (middle) ..... (last).
23        Adopted Person's name at birth (if known): .....  (first)
24             .....  (middle)  .....  (last),  ..... (birth date),
25             ..... (city and state of birth), ...... (sex), .....
26             (race).
27        Name of adoptive father:  .....  (first)  .....  (middle)
28             ..... (last), ..... (race).
29        Maiden  name  of  adoptive  mother:  .....  (first) .....
30             (middle) ..... (last), ..... (race).
31        Name of birth mother  (if  known):  .....  (first)  .....
32             (middle) ..... (last), ..... (race).
33        Name  of  birth  father  (if  known): ..... (first) .....
34             (middle) ..... (last), ..... (race).
 
                            -3-      LRB093 07705 LCB 16119 a
 1        Name(s) at birth of  sibling(s)  having  a  common  birth
 2             parent  with adoptee (if known): ..... (first) .....
 3             (middle) ..... (last), .....  (race),  and  name  of
 4             common  birth  parent:  ..... (first) ..... (middle)
 5             ..... (last), ..... (race).
 6    I was adopted through: ..... (name of agency).
 7    I was adopted privately: ..... (state "yes" if known).
 8    I was adopted in ..... (city and state),  .....  (approximate
 9        date).
10    Other identifying information: .............
11                                           ......................
12                                           (signature of adoptee)
13    ...........                         .........................
14    (date)                              (printed name of adoptee)

15        (c)  The  form  of  the  Surrendered  Person Registration
16    Identification shall be substantially as follows:
17                   SURRENDERED PERSON REGISTRATION
18                           IDENTIFICATION
19                   (Insert all known information)
20    I, ....., state the following:
21        Surrendered Person's present name:  .....  (first)  .....
22             (middle) ..... (last).
23        Surrendered  Person's  name  at  birth  (if known): .....
24             (first) .....  (middle)  .....  (last),  .....(birth
25             date),  .....  (city  and  state  of  birth), ......
26             (sex), ..... (race).
27        Name of guardian father:  .....  (first)  .....  (middle)
28             ..... (last), ..... (race).
29        Maiden  name  of  guardian  mother:  .....  (first) .....
30             (middle) ..... (last), ..... (race).
31        Name of birth mother  (if  known):  .....  (first)  .....
32             (middle) ..... (last) ..... (race).
33        Name  of  birth  father  (if  known): ..... (first) .....
34             (middle) ..... (last), .....(race).
 
                            -4-      LRB093 07705 LCB 16119 a
 1        Name(s) at birth of  sibling(s)  having  a  common  birth
 2             parent  with  surrendered  person  (if known): .....
 3             (first) ..... (middle) ..... (last),  .....  (race),
 4             and name of common birth parent: ..... (first) .....
 5             (middle) ..... (last), ..... (race).
 6    I was surrendered for adoption to: ..... (name of agency).
 7    I  was  surrendered  for  adoption in ..... (city and state),
 8        ..... (approximate date).
 9    Other identifying information: ............
10                                 ................................
11                                (signature of surrendered person)
12    ............                           ......................
13    (date)                                (printed name of person
14                                        surrendered for adoption)

15        (d)  The form of the Information  Exchange  Authorization
16    shall be substantially as follows:
17                 INFORMATION EXCHANGE AUTHORIZATION
18        I,  .....,  state  that I am the person who completed the
19    Registration Identification; that I am of the  age  of  .....
20    years;  that  I  hereby  authorize  the  Department of Public
21    Health  to  give  to  my  (birth  parent)   (birth   sibling)
22    (surrendered   child)   the   following   (please  check  the
23    information authorized for exchange):
24             [  ]  1.  Only my name and last known address.
25             [  ]  2.  A copy of my  Illinois  Adoption  Registry
26        Application.
27             [  ]  3.  A copy of the original certificate of live
28        birth.
29        I  am  fully  aware  that I can only be supplied with any
30    information  about  my   (birth   parent)   (birth   sibling)
31    (surrendered  child)  if  such  person  has  duly executed an
32    Information Exchange Authorization for such information which
33    has not been revoked; that I can be contacted by writing  to:
34    .....  (own  name  or  name  of  person to contact) (address)
 
                            -5-      LRB093 07705 LCB 16119 a
 1    (phone number).
 2        Dated (insert date).
 3    ............                                   ..............
 4    (witness)                                         (signature)

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

17        (f)  The   Information  Exchange  Authorization  and  the
18    Denial of Information Exchange shall be acknowledged  by  the
19    birth  parent,  birth sibling, adopted or surrendered person,
20    adoptive parent, or legal guardian before a notary public, in
21    form substantially as follows:
22    State of ..............
23    County of .............
24        I, a Notary Public, in and for the said  County,  in  the
25    State  aforesaid,  do  hereby  certify  that  ...............
26    personally  known  to  me to be the same person whose name is
27    subscribed to the foregoing certificate  of  acknowledgement,
28    appeared  before  me  in  person and acknowledged that (he or
29    she) signed  such  certificate  as  (his  or  her)  free  and
30    voluntary act and that the statements in such certificate are
31    true.
32        Given under my hand and notarial seal on (insert date).
33                                        .........................
 
                            -6-      LRB093 07705 LCB 16119 a
 1                                                 (signature)

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

20        (h)  When  an  Illinois  Adoption  Registry  Application,
21    Information Exchange Authorization or a Denial of Information
22    Exchange  is  executed in a foreign country, the execution of
23    such document shall be acknowledged  or  affirmed  before  an
24    officer of the United States consular services.
25        (i)  If   the  person  signing  an  Information  Exchange
26    Authorization or a Denial of Information is in  the  military
27    service  of the United States, the execution of such document
28    may be acknowledged before a  commissioned  officer  and  the
29    signature  of  such  officer  on  such  certificate  shall be
30    verified or acknowledged before a notary public  or  by  such
31    other  procedure  as  is  then in effect for such division or
32    branch of the armed forces.
33        (j)  The Department shall modify these forms as necessary
 
                            -7-      LRB093 07705 LCB 16119 a
 1    to implement the provisions of this amendatory  Act  of  1999
 2    including  creating  Registration  Identification  Forms  for
 3    non-surrendered  birth  siblings,  adoptive parents and legal
 4    guardians.
 5    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

 6        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
 7        Sec.  18.3a.  Confidential  intermediary.    (a)  General
 8    purposes.  Notwithstanding  any  other provision of this Act,
 9    any adopted person 21 years of  age  or  over,  any  adoptive
10    parent  or  legal guardian of an adopted person under the age
11    of 21, or any birth parent of an adopted  person  who  is  21
12    years  of age or over may petition the court in any county in
13    the State of  Illinois  for  appointment  of  a  confidential
14    intermediary  as  provided in this Section for the purpose of
15    exchanging medical information  with  one  or  more  mutually
16    consenting   biological   relatives,   obtaining  identifying
17    information about one or more mutually consenting  biological
18    relatives,  or  arranging  contact  with one or more mutually
19    consenting biological relatives. Additionally, in cases where
20    an adopted or surrendered person is deceased, an adult  child
21    of  the  adopted  or  surrendered  person may file a petition
22    under this Section and in cases where  the  birth  parent  is
23    deceased,  an adult birth sibling of the adopted person or of
24    the  deceased  birth  parent  may  file a petition under this
25    Section for the purpose  of  exchanging  medical  information
26    with  one  or  more mutually consenting biological relatives,
27    obtaining identifying information about one or more  mutually
28    consenting  biological  relatives,  or arranging contact with
29    one or more mutually consenting biological relatives.
30        (b)  Petition. Upon petition  by  an  adopted  person  21
31    years of age or over, an adoptive parent or legal guardian of
32    an  adopted  person under the age of 21, or a birth parent of
33    an adopted person who is 21 years of age or over,  the  court
 
                            -8-      LRB093 07705 LCB 16119 a
 1    shall  appoint a confidential intermediary.  Upon petition by
 2    an adult child of an adopted person who is deceased or by  an
 3    adult  birth  sibling of an adopted person whose birth parent
 4    is deceased or by an adult sibling of a birth parent  who  is
 5    deceased,  the  court may appoint a confidential intermediary
 6    if the court finds that the disclosure is of greater  benefit
 7    than nondisclosure. The petition shall state which biological
 8    relative  or relatives are being sought and shall indicate if
 9    the petitioner wants to do any one or more of the  following:
10    exchange  medical information with the biological relative or
11    relatives, obtain identifying information from the biological
12    relative  or  relatives,  or  to  arrange  contact  with  the
13    biological relative.
14        (c)  Fees and expenses. The  court  shall  condition  the
15    appointment   of   the   confidential   intermediary  on  the
16    petitioner's payment of the intermediary's fees and  expenses
17    in   advance   of   the  commencement  of  the  work  of  the
18    confidential intermediary.
19        (d)  Eligibility of intermediary. The court  may  appoint
20    as  confidential  intermediary  either  an  employee  of  the
21    Illinois   Department   of   Children   and  Family  Services
22    designated by the Department to  serve  as  such,  any  other
23    person certified by the Department as qualified to serve as a
24    confidential  intermediary,  or  any  employee  of a licensed
25    child welfare agency certified by the agency as qualified  to
26    serve as a confidential intermediary.
27        (e)  Access.  Subject  to  the  limitations of subsection
28    (f) of this Section, the confidential intermediary shall have
29    access to vital  records  maintained  by  the  Department  of
30    Public  Health and its local designees for the maintenance of
31    vital records and all records of the court  or  any  adoption
32    agency,  public  or  private, which relate to the adoption or
33    the identity and location of an adopted person, of  an  adult
34    child  of  a  deceased  adopted person, or of a birth parent,
 
                            -9-      LRB093 07705 LCB 16119 a
 1    birth sibling, or the sibling of  a  deceased  birth  parent.
 2    The  confidential  intermediary  shall not have access to any
 3    personal health information protected by  the  Standards  for
 4    Privacy   of  Individually  Identifiable  Health  Information
 5    adopted by the U.S. Department of Health and  Human  Services
 6    under the Health Insurance Portability and Accountability Act
 7    of  1996  unless  the  confidential intermediary has obtained
 8    written consent from the person whose  information  is  being
 9    sought  or,  if  that  person is a minor child, that person's
10    parent or guardian.   Confidential  intermediaries  shall  be
11    authorized   to   inspect   confidential  relinquishment  and
12    adoption records.  The confidential intermediary shall not be
13    authorized to  access  medical  records,  financial  records,
14    credit  records, banking records, home studies, attorney file
15    records, or other personal records that do  not  specifically
16    relate  to  the  identity  or  location  of  the sought-after
17    relative.    Information   provided   to   the   confidential
18    intermediary by an adoption agency shall be restricted to the
19    full name, date of birth, place of birth, last known address,
20    and last known telephone number of the sought-after  relative
21    or,  if  applicable,  of  the  children  or  siblings  of the
22    sought-after relative.
23        (f)  If the petitioner is an adult adopted person or  the
24    adoptive parent of a minor and if the petitioner has signed a
25    written    authorization   to   disclose   personal   medical
26    information, an adoption agency disclosing information  to  a
27    confidential  intermediary  shall  disclose available medical
28    information about  the  adopted  person  from  birth  through
29    adoption.
30        (g)  Duties  of confidential intermediary in conducting a
31    search. In  conducting  a  search  under  this  Section,  the
32    confidential  intermediary  shall first confirm that there is
33    no Denial of Information Exchange on file with  the  Illinois
34    Adoption  Registry. If the petitioner is an adult child of an
 
                            -10-     LRB093 07705 LCB 16119 a
 1    adopted person who is deceased, the confidential intermediary
 2    shall additionally confirm that the adopted  person  did  not
 3    file  a  Denial  of  Information  Exchange  with the Illinois
 4    Adoption Registry during his or her life. If  the  petitioner
 5    is  an  adult  birth sibling of an adopted person or an adult
 6    sibling of a birth parent who is deceased,  the  confidential
 7    intermediary shall additionally confirm that the birth parent
 8    did  not  file  a  Denial  of  Information  Exchange with the
 9    Registry during his or her life.
10        In  conducting  a  search   under   this   Section,   the
11    confidential   intermediary   shall  attempt  to  locate  the
12    relative or relatives from whom the petitioner has  requested
13    information.  If  the  sought-after  relative  is deceased or
14    cannot be located after a diligent search,  the  confidential
15    intermediary  may  contact  adult biological relatives of the
16    sought-after relative.
17        The   confidential   intermediary   shall    contact    a
18    sought-after relative on behalf of the petitioner in a manner
19    that  respects  the sought-after relative's privacy and shall
20    inform the sought-after relative of the petitioner's  request
21    for  medical  information, identifying information or contact
22    as stated in the  petition.  Based  upon  the  terms  of  the
23    petitioner's  request,  the  confidential  intermediary shall
24    contact a sought-after relative on behalf of  the  petitioner
25    and   inform  the  sought-after  relative  of  the  following
26    options:
27        (1)  The sought-after relative may totally reject one  or
28    all  of  the  requests  for  medical information, identifying
29    information or contact. The sought-after  relative  shall  be
30    informed  that they can provide a medical questionnaire to be
31    forwarded to the petitioner without releasing any identifying
32    information. The confidential intermediary shall  inform  the
33    petitioner  of the sought-after relative's decision to reject
34    the sharing of information or contact.
 
                            -11-     LRB093 07705 LCB 16119 a
 1        (2)  The sought-after relative may consent to  completing
 2    a  medical questionnaire only. In this case, the confidential
 3    intermediary shall provide  the  questionnaire  and  ask  the
 4    sought-after   relative  to  complete  it.  The  confidential
 5    intermediary shall forward the completed questionnaire to the
 6    petitioner and inform  the  petitioner  of  the  sought-after
 7    relative's desire to not provide any additional information.
 8        (3)  The  sought-after  relative may communicate with the
 9    petitioner without having his or her identity  disclosed.  In
10    this  case,  the  confidential intermediary shall arrange the
11    desired communication in a manner that protects the  identity
12    of  the  sought-after relative. The confidential intermediary
13    shall inform the petitioner of  the  sought-after  relative's
14    decision to communicate but not disclose his or her identity.
15        (4)  The  sought  after  relative may consent to initiate
16    contact with the petitioner. If both the petitioner  and  the
17    sought-after  relative  or relatives are eligible to register
18    with  the  Illinois  Adoption  Registry,   the   confidential
19    intermediary  shall  provide  the necessary application forms
20    and request that the sought-after relative register with  the
21    Illinois  Adoption  Registry. If either the petitioner or the
22    sought-after relative or relatives are ineligible to register
23    with  the  Illinois  Adoption  Registry,   the   confidential
24    intermediary  shall obtain written consents from both parties
25    that they wish to disclose their identities to each other and
26    to have contact with each other.
27        (h)  Oath. The confidential intermediary  shall  sign  an
28    oath   of   confidentiality  substantially  as  follows:  "I,
29    .........., being duly sworn, on oath depose and  say:  As  a
30    condition  of  appointment  as a confidential intermediary, I
31    affirm that:
32             (1)  I will not disclose to the petitioner, directly
33        or indirectly, any confidential information except  in  a
34        manner consistent with the law.
 
                            -12-     LRB093 07705 LCB 16119 a
 1             (2)  I   recognize   that  violation  of  this  oath
 2        subjects me to civil liability and to a potential finding
 3        of contempt of court. ................................
 4    SUBSCRIBED AND SWORN  to  before  me,  a  Notary  Public,  on
 5    (insert date)
 6    ................................."
 7        (i)  Sanctions.
 8             (1)  Any  confidential  intermediary  who improperly
 9        discloses   confidential   information   identifying    a
10        sought-after relative shall be liable to the sought-after
11        relative for damages and may also be found in contempt of
12        court.
13             (2)  Any person who learns a sought-after relative's
14        identity,  directly  or  indirectly,  through  the use of
15        procedures provided in this Section  and  who  improperly
16        discloses   information   identifying   the  sought-after
17        relative shall be liable to the sought-after relative for
18        actual damages plus minimum punitive damages of $10,000.
19             (3)  The  Department  shall  fine  any  confidential
20        intermediary  who   improperly   discloses   confidential
21        information  in  violation  of  item  (1)  or (2) of this
22        subsection (i)  an  amount  up  to  $2,000  per  improper
23        disclosure.   This  fine  does not affect civil liability
24        under item (2) of this subsection  (i).   The  Department
25        shall  deposit  all  fines  and penalties collected under
26        this Section into  the  Illinois  Adoption  Registry  and
27        Medical Information Fund.
28        (j)  Death  of  person  being sought. Notwithstanding any
29    other provision of this Act, if the confidential intermediary
30    discovers that the person being sought has died,  he  or  she
31    shall report this fact to the court, along with a copy of the
32    death certificate.
33        (k)  Any   confidential   information   obtained  by  the
34    confidential intermediary during the course  of  his  or  her
 
                            -13-     LRB093 07705 LCB 16119 a
 1    search  shall be kept strictly confidential and shall be used
 2    for the purpose of arranging contact between  the  petitioner
 3    and  the sought-after birth relative. At the time the case is
 4    closed, all identifying information shall be returned to  the
 5    court for inclusion in the impounded adoption file.
 6        (l)  If  the  petitioner is an adopted person 21 years of
 7    age or over or the adoptive parent or legal  guardian  of  an
 8    adopted  person  under  the  age  of  21, any non-identifying
 9    information, as defined in Section 18.4, that is  ascertained
10    during  the  course  of the search may be given in writing to
11    the petitioner before the case is closed.
12        (m)  Except  as  provided  in  subsection  (i)  of   this
13    Section,  no  liability  shall accrue to the State, any State
14    agency, any judge, any officer or employee of the court,  any
15    certified confidential intermediary, or any agency designated
16    to  oversee  confidential  intermediary  services  for  acts,
17    omissions,  or efforts made in good faith within the scope of
18    this Section.
19        (a)  General   purposes.    Notwithstanding   any   other
20    provision of this Act, any adopted person over the age of  21
21    or any adoptive parent or legal guardian of an adopted person
22    under the age of 21 may petition the court for appointment of
23    a  confidential  intermediary as provided in this Section for
24    the purpose of obtaining from one or both birth parents or  a
25    sibling   or  siblings  of  the  adopted  person  information
26    concerning   the   background   of   a    psychological    or
27    genetically-based medical problem experienced or which may be
28    expected  to  be  experienced  in  the  future by the adopted
29    person or obtaining assistance in treating such a problem.
30        (b)  Petition.  The court shall  appoint  a  confidential
31    intermediary  for the purposes described in subsection (f) if
32    the petitioner shows the following:
33             (1)  the adopted  person  is  suffering  or  may  be
34        expected  to suffer in the future from a life-threatening
 
                            -14-     LRB093 07705 LCB 16119 a
 1        or substantially incapacitating physical illness  of  any
 2        nature,   or   a   psychological   disturbance  which  is
 3        substantially incapacitating but not life-threatening, or
 4        a mental illness which, in the  opinion  of  a  physician
 5        licensed  to practice medicine in all its branches, is or
 6        could be genetically based to a significant degree;
 7             (2)  the treatment of the  adopted  person,  in  the
 8        opinion  of  a physician licensed to practice medicine in
 9        all of its branches,  would  be  materially  assisted  by
10        information  obtainable  from  the birth parents or might
11        benefit from the provision  of  organs  or  other  bodily
12        tissues,  materials,  or  fluids  by the birth parents or
13        other close biological relatives; and
14             (3)  there  is  neither  an   Information   Exchange
15        Authorization  nor a Denial of Information Exchange filed
16        in the Registry as provided in Section 18.1.
17        The affidavit or  testimony  of  the  treating  physician
18    shall  be  conclusive  on the issue of the utility of contact
19    with the birth  parents  unless  the  court  finds  that  the
20    relationship  between  the  illness  to  be  treated  and the
21    alleged need for contact is totally without foundation.
22        (c)  Fees and expenses.  The court  shall  condition  the
23    appointment  of  the confidential intermediary on the payment
24    of the intermediary's fees and expenses  in  advance,  unless
25    the  intermediary waives the right to full advance payment or
26    to any reimbursement at all.
27        (d)  Eligibility of intermediary.  The court may  appoint
28    as  confidential  intermediary  either  an  employee  of  the
29    Illinois   Department   of   Children   and  Family  Services
30    designated by the Department to  serve  as  such,  any  other
31    person certified by the Department as qualified to serve as a
32    confidential  intermediary,  or  any  employee  of a licensed
33    child welfare agency certified by the agency as qualified  to
34    serve as a confidential intermediary.
 
                            -15-     LRB093 07705 LCB 16119 a
 1        (e)  Access.  Notwithstanding any other provision of law,
 2    the  confidential  intermediary  shall  have  access  to  all
 3    records  of the court or any agency, public or private, which
 4    relate to the adoption or the identity and  location  of  any
 5    birth parent.
 6        (f)  Purposes  of contact.  The confidential intermediary
 7    has only the following powers and duties:
 8             (1)  To contact one or both  birth  parents,  inform
 9        the parent or parents of the basic medical problem of the
10        adopted  person  and  the  nature  of  the information or
11        assistance sought from the birth parent, and  inform  the
12        parent or parents of the following options:
13                  (A)  The  birth  parent  may totally reject the
14             request for assistance or information, or both,  and
15             no  disclosure of identity or location shall be made
16             to the petitioner.
17                  (B)  The birth parent may file  an  Information
18             Exchange  Authorization as provided in Section 18.1.
19             The confidential intermediary shall explain  to  the
20             birth  parent  the  consequences  of  such a filing,
21             including that the birth parent's identity  will  be
22             available  for  discovery  by the adopted person. If
23             the  birth  parent  agrees  to  this   option,   the
24             confidential  intermediary  shall  supply the parent
25             with the appropriate forms, shall be responsible for
26             their immediate filing with the Registry, and  shall
27             inform the petitioner of their filing.
28                  (C)  If  the birth parent wishes to provide the
29             information or assistance sought but does  not  wish
30             his  or  her  identity  disclosed,  the confidential
31             intermediary shall arrange for the disclosure of the
32             information or the provision  of  assistance  in  as
33             confidential  a  manner as possible so as to protect
34             the privacy of the birth  parent  and  minimize  the
 
                            -16-     LRB093 07705 LCB 16119 a
 1             likelihood  of  disclosure  of  the  birth  parent's
 2             identity.
 3             (2)  If  a birth parent so desires, to arrange for a
 4        confidential communication with the treating physician to
 5        discuss  the  need  for  the  requested  information   or
 6        assistance.
 7             (3)  If   a  birth  parent  agrees  to  provide  the
 8        information or assistance sought but wishes  to  maintain
 9        his  or  her privacy, to arrange for the provision of the
10        information  or  assistance  to  the  physician   in   as
11        confidential  a  manner  as possible so as to protect the
12        privacy of the birth parent and minimize  the  likelihood
13        of disclosure of the birth parent's identity.
14        (g)  Oath.   The  confidential intermediary shall sign an
15    oath of confidentiality substantially as follows:
16             "I, .........., being duly sworn, on oath depose and
17        say:  As a condition of  appointment  as  a  confidential
18        intermediary, I affirm that:
19             (1)  I will not disclose to the petitioner, directly
20        or  indirectly,  any  information  about  the identity or
21        location of the birth parent whose  assistance  is  being
22        sought  for medical reasons except in a manner consistent
23        with the law.
24             (2)  I  recognize  that  violation  of   this   oath
25        subjects  me  to  civil  liability  and to being found in
26        contempt of court.
27                                 ................................

28             SUBSCRIBED AND SWORN to before me, a Notary  Public,
29        on (insert date).
30                                ................................"
31        (h)  Sanctions.
32             (1)  Any  confidential  intermediary  who improperly
33        discloses information identifying a birth parent shall be
34        liable to the birth parent for damages and  may  also  be
 
                            -17-     LRB093 07705 LCB 16119 a
 1        found in contempt of court.
 2             (2)  Any   person   who   learns  a  birth  parent's
 3        identity, directly or  indirectly,  through  the  use  of
 4        procedures  provided  in  this Section and who improperly
 5        discloses information identifying the birth parent  shall
 6        be  liable  to  the  birth parent for actual damages plus
 7        minimum punitive damages of $10,000.
 8        (i)  Death of birth  parent.  Notwithstanding  any  other
 9    provision  of  this  Act,  if  the  confidential intermediary
10    discovers that the person  whose  assistance  is  sought  has
11    died,  he  or  she shall report this fact to the court, along
12    with a copy of the death certificate.
13    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

14        (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
15        Sec. 18.4.  (a) The agency, Department  of  Children  and
16    Family Services, Court Supportive Services, Juvenile Division
17    of  the  Circuit  Court,  or  the  Probation  Officers of the
18    Circuit Court involved in the adoption proceedings shall give
19    in writing  the  following  non-identifying  information,  if
20    known,  to  the  adoptive  parents not later than the date of
21    placement with the petitioning adoptive parents:  (i) age  of
22    biological  parents;  (ii)  their  race,  religion and ethnic
23    background; (iii) general physical appearance  of  biological
24    parents; (iv) their education, occupation, hobbies, interests
25    and  talents; (v) existence of any other children born to the
26    biological  parents;  (vi)   information   about   biological
27    grandparents;  reason  for emigrating into the United States,
28    if applicable, and  country  of  origin;  (vii)  relationship
29    between  biological  parents; and (viii) detailed medical and
30    mental health histories of the child, the biological parents,
31    and their immediate relatives; and (ix) the actual  date  and
32    place   of   birth   of  the  adopted  person.   However,  no
33    information provided under this subsection shall disclose the
 
                            -18-     LRB093 07705 LCB 16119 a
 1    name  or  last  known  address  of  the  biological  parents,
 2    grandparents, the siblings of  the  biological  parents,  the
 3    adopted person, or any other relative of the adopted person.
 4        (b)  Any  adoptee  18 years of age or over shall be given
 5    the information in subsection (a) upon request.
 6        (c)  The Illinois Adoption  Registry  shall  release  any
 7    non-identifying  information  listed  in  (a) of this Section
 8    that appears on the certified  copy  of  the  original  birth
 9    certificate  or  the  Certificate  of  Adoption to an adopted
10    person,  adoptive  parent,  or  legal  guardian  who   is   a
11    registrant of the Illinois Adoption Registry.
12        (d)  The  Illinois  Adoption  Registry  shall release the
13    actual date and place of birth of an adopted person who is 21
14    years of age or over  to the birth parent if the birth parent
15    is a registrant of the Illinois  Adoption  Registry  and  has
16    completed a Medical Information Exchange Authorization.
17        (e)  The   Illinois   Adoption   Registry  shall  release
18    information regarding the date the adoption was finalized and
19    the county in which the adoption was finalized to a certified
20    confidential intermediary upon submission of a court order.
21        (f)  In  cases  where  the  Illinois  Adoption   Registry
22    possesses  information  indicating that an adopted person who
23    is 21 years of age or over was adopted in a state other  than
24    Illinois  or  a  country  other  than  the United States, the
25    Illinois Adoption Registry shall  release  the  name  of  the
26    state  or  country  where  the adoption was finalized and, if
27    available,  the  agency  involved  in  the  adoption   to   a
28    registrant  of  the  Illinois Adoption Registry, provided the
29    registrant is not the subject  of  a  Denial  of  Information
30    Exchange   and   the   registrant  has  completed  a  Medical
31    Information Exchange Authorization.
32        (g) (c)  Any of the above available information  for  any
33    adoption  proceedings  completed before the effective date of
34    this Act shall be supplied to  the  adoptive  parents  or  an
 
                            -19-     LRB093 07705 LCB 16119 a
 1    adoptee 18 years of age or over upon request.
 2        (h)  (d)  The  agency,  Department of Children and Family
 3    Services, Court Supportive Services, Juvenile Division of the
 4    Circuit Court, the Probation Officers of  the  Circuit  Court
 5    and  any  other  governmental  bodies having any of the above
 6    information shall retain the file  until  the  adoptee  would
 7    have reached the age of 99 years.
 8    (Source: P.A. 87-617.)".