Full Text of SB1458 94th General Assembly
SB1458 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1458
Introduced 2/23/2005, by Sen. Dave Sullivan SYNOPSIS AS INTRODUCED: |
|
|
Amends the Adoption Act. Provides for the establishment of an Adoption/Surrender Records File for adoptions filed according to the listed Section of the Vital Records Act under a Record of Foreign Birth that was not finalized by a court action in the State of Illinois. Provides that an established Adoption/Surrender Records File for an adoption filed in Illinois under a Record of Foreign Birth that was not finalized in a court action in the State of Illinois shall be limited to the following items submitted to the State Registrar of Vital Records under the listed Section of the Vital Records Act, to the extent that they are available: (1) evidence as to the child's birth date and birthplace (including the country of birth and, if available, the city and province of birth) provided by the original birth certificate, or by a certified copy, extract, or translation thereof or by other document essentially equivalent thereto (the records of the U.S. Immigration and Naturalization Service or of the U.S. Department of State to be considered essentially equivalent thereto); (2) a certified copy, extract, or translation of the adoption decree or other document essentially equivalent thereto (the records of the U.S. Immigration and Naturalization Service or of the U.S. Department of State to be considered essentially equivalent thereto); (3) a copy of the IR-3 visa; or (4) the name and address of the adoption agency that handled the adoption. Effective July 1, 2005.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB1458 |
|
LRB094 10659 LCB 41019 b |
|
| 1 |
| AN ACT concerning adoption.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Adoption Act is amended by changing Section | 5 |
| 18.05 as follows:
| 6 |
| (750 ILCS 50/18.05)
| 7 |
| Sec. 18.05. The Illinois Adoption Registry and Medical | 8 |
| Information
Exchange.
| 9 |
| (a) General function. Subject to appropriation, the | 10 |
| Department of Public
Health shall redefine the function of the | 11 |
| Illinois Adoption Registry and
create the Medical Information | 12 |
| Exchange in the manner outlined in subsections
(b) and (c) for | 13 |
| the purpose of facilitating the voluntary exchange of
medical | 14 |
| information between mutually consenting birth parents or birth
| 15 |
| siblings
and mutually consenting adoptive parents or legal | 16 |
| guardians of
adopted or surrendered persons under the age of 21 | 17 |
| or adopted or
surrendered persons 21 years of age or over.
The | 18 |
| Department shall establish rules for the confidential | 19 |
| operation of the
Illinois Adoption
Registry. Beginning January | 20 |
| 1, 2000, the Department shall conduct a public
information | 21 |
| campaign through public service announcements
and other forms | 22 |
| of media coverage and, for a minimum of 4 years, through
| 23 |
| notices enclosed with driver's
license renewal applications, | 24 |
| shall inform
adopted and surrendered persons born, | 25 |
| surrendered, or adopted in Illinois and
their adoptive parents, | 26 |
| legal guardians, birth parents and birth siblings of
the | 27 |
| Illinois Adoption Registry and Medical Information Exchange. | 28 |
| The
Department shall notify all parties who registered with the | 29 |
| Illinois Adoption
Registry prior to January 1, 2000 of the | 30 |
| provisions of this amendatory Act of
1999. The Illinois
| 31 |
| Adoption
Registry shall also
maintain an informational | 32 |
| Internet site where interested parties may access
information |
|
|
|
SB1458 |
- 2 - |
LRB094 10659 LCB 41019 b |
|
| 1 |
| about the Illinois Adoption Registry and Medical Information
| 2 |
| Exchange and download all necessary application forms. The | 3 |
| Illinois Adoption
Registry
shall maintain statistical records | 4 |
| regarding Registry participation and publish
and circulate to | 5 |
| the public
informational material
about the function and | 6 |
| operation of the Registry.
| 7 |
| (b) Establishment of the Adoption/Surrender Records File. | 8 |
| When a person has
voluntarily registered with
the Illinois | 9 |
| Adoption Registry and completed an Illinois Adoption Registry
| 10 |
| Application or a Registration Identification Form, the | 11 |
| Registry shall establish
a
new Adoption/Surrender Records | 12 |
| File. Such file may concern
an adoption that was finalized by a | 13 |
| court action in the State of Illinois, an
adoption of a person | 14 |
| born in Illinois finalized
by a court action in a state other | 15 |
| than Illinois or in a foreign country, or a
surrender taken in | 16 |
| the State of Illinois , or an adoption filed according to | 17 |
| Section 16.1 of the Vital Records Act under a Record of Foreign | 18 |
| Birth that was not finalized by a court action in the State of | 19 |
| Illinois . Such file may be established for
adoptions or | 20 |
| surrenders finalized prior to as well as after the effective | 21 |
| date
of this amendatory Act of 1999. A file may be created in
| 22 |
| any manner to preserve documents including but not limited to | 23 |
| microfilm,
optical imaging, or electronic documents.
| 24 |
| (c) Contents of the Adoption/Surrender Records File. An | 25 |
| established
Adoption/Surrender
Records File shall be limited | 26 |
| to the following items, to the extent that they
are
available:
| 27 |
| (1) The General Information Section and Medical | 28 |
| Information Exchange
Questionnaire of any Illinois | 29 |
| Adoption Registry Application or a Registration
| 30 |
| Identification
Form which
has been voluntarily completed | 31 |
| by the adopted or surrendered person or his or
her adoptive
| 32 |
| parents, legal guardians, birth parents, or birth | 33 |
| siblings.
| 34 |
| (2) Any photographs
voluntarily provided
by any | 35 |
| registrant for the
adopted or surrendered person or his or | 36 |
| her adoptive parents, legal guardians,
birth parents, or |
|
|
|
SB1458 |
- 3 - |
LRB094 10659 LCB 41019 b |
|
| 1 |
| birth siblings at the
time of registration or any time | 2 |
| thereafter.
All such photographs shall be submitted in an | 3 |
| unsealed
envelope no larger than 8 1/2" x 11", and shall | 4 |
| not include identifying
information pertaining to any | 5 |
| person other than the registrant
who submitted them.
Any | 6 |
| such identifying information shall be redacted by the | 7 |
| Department or the
information shall be returned for removal | 8 |
| of identifying information.
| 9 |
| (3) Any Information Exchange Authorization or Denial | 10 |
| of Information
Exchange
which has been filed by a | 11 |
| registrant.
| 12 |
| (4) For all adoptions finalized after January 1, 2000, | 13 |
| copies of the
original certificate of live birth and the | 14 |
| certificate
of adoption.
| 15 |
| (5) Any updated address submitted by any registered | 16 |
| party about himself or
herself.
| 17 |
| (6) Any proof of death which has been submitted by an | 18 |
| adopted or
surrendered person,
adoptive parent,
legal | 19 |
| guardian,
birth parent, or birth sibling.
| 20 |
| (d) An established Adoption/Surrender Records File for an | 21 |
| adoption filed in Illinois under a Record of Foreign Birth that | 22 |
| was not finalized in a court action in the State of Illinois | 23 |
| shall be limited to the following items submitted to the State | 24 |
| Registrar of Vital Records under Section 16.1 of the Vital | 25 |
| Records Act, to the extent that they are available: | 26 |
| (1) Evidence as to the child's birth date and | 27 |
| birthplace (including the country of birth and, if | 28 |
| available, the city and province of birth) provided by the | 29 |
| original birth certificate, or by a certified copy, | 30 |
| extract, or translation thereof or by other document | 31 |
| essentially equivalent thereto (the records of the U.S. | 32 |
| Immigration and Naturalization Service or of the U.S. | 33 |
| Department of State to be considered essentially | 34 |
| equivalent thereto). | 35 |
| (2) A certified copy, extract, or translation of the | 36 |
| adoption decree or other document essentially equivalent |
|
|
|
SB1458 |
- 4 - |
LRB094 10659 LCB 41019 b |
|
| 1 |
| thereto (the records of the U.S. Immigration and | 2 |
| Naturalization Service or of the U.S. Department of State | 3 |
| to be considered essentially equivalent thereto). | 4 |
| (3) A copy of the IR-3 visa. | 5 |
| (4) The name and address of the adoption agency that | 6 |
| handled the adoption.
| 7 |
| (Source: P.A. 91-417, eff. 1-1-00.)
| 8 |
| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2005.
|
|