Full Text of SB1458 94th General Assembly
SB1458eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning adoption.
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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 Section | 5 |
| 18.05 as follows:
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| (750 ILCS 50/18.05)
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| Sec. 18.05. The Illinois Adoption Registry and Medical | 8 |
| Information
Exchange.
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| (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
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| 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
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| 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
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| Adoption
Registry shall also
maintain an informational | 32 |
| Internet site where interested parties may access
information |
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| about the Illinois Adoption Registry and Medical Information
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| 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.
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| (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
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| 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
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| any manner to preserve documents including but not limited to | 23 |
| microfilm,
optical imaging, or electronic documents.
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| (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:
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| (1) The General Information Section and Medical | 28 |
| Information Exchange
Questionnaire of any Illinois | 29 |
| Adoption Registry Application or a Registration
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| Identification
Form which
has been voluntarily completed | 31 |
| by the adopted or surrendered person or his or
her adoptive
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| parents, legal guardians, birth parents, or birth | 33 |
| siblings.
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| (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 |
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| 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.
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| (3) Any Information Exchange Authorization or Denial | 10 |
| of Information
Exchange
which has been filed by a | 11 |
| registrant.
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| (4) For all adoptions finalized after January 1, 2000, | 13 |
| copies of the
original certificate of live birth and the | 14 |
| certificate
of adoption.
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| (5) Any updated address submitted by any registered | 16 |
| party about himself or
herself.
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| (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.
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| (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 |
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| 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.
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| (Source: P.A. 91-417, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2005.
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