Full Text of HB1149 97th General Assembly
HB1149 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1149 Introduced 02/07/11, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 410 ILCS 535/16.1 | from Ch. 111 1/2, par. 73-16.1 |
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Amends the Vital Records Act to provide that the State Registrar of Vital Records may make and file a
Record of Foreign Birth for a person
born in a foreign country
who
has been granted an IR-3 or IH-3 visa (now, IR-3 visa) by the U.S. Immigration
and Naturalization
Service under the Immigration and Nationality Act
and who was adopted under the laws of a jurisdiction or
country other than
the United States by an adopting parent who is a resident of this State. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Section 16.1 as follows: | 6 | | (410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)
| 7 | | Sec. 16.1. When it appears from a certificate of adoption | 8 | | transmitted to
the State Registrar of Vital Records, pursuant | 9 | | to the provisions of Section
16 of this Act, that the child was | 10 | | born outside of the United States or
its Territories, then, | 11 | | upon submission to the State Registrar of Vital
Records of | 12 | | evidence as to the child's birth date and birthplace provided | 13 | | by
the original birth certificate, or by a certified copy, | 14 | | extract, or
translation thereof or by other document | 15 | | essentially equivalent thereto
(the records of the U.S. | 16 | | Immigration and Naturalization Service or of the
U.S. | 17 | | Department of State to be considered essentially equivalent | 18 | | thereto),
the State Registrar of Vital Records shall make and | 19 | | file a Record of
Foreign Birth. The State Registrar of Vital | 20 | | Records may make and file a
Record of Foreign Birth for a | 21 | | person
born in a foreign country
who
has been granted an IR-3 | 22 | | or IH-3 visa by the U.S. Immigration
and Naturalization
Service | 23 | | under the Immigration and Nationality Act
and who was adopted |
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| 1 | | under the laws of a jurisdiction or
country other than
the | 2 | | United States by an adopting parent who is a resident of this | 3 | | State
upon the submission to the State Registrar of Vital | 4 | | Records of: (1)
evidence as to the child's
birth date and | 5 | | birthplace (including the country of birth and if available, | 6 | | the
city and province of birth) provided by the original birth | 7 | | certificate, or
by a
certified copy, extract, or
translation | 8 | | thereof or by other document essentially equivalent thereto | 9 | | (the
records of the U.S.
Immigration and Naturalization Service | 10 | | or of the U.S. Department of State to be
considered
essentially | 11 | | equivalent thereto); (2) a certified copy, extract, or | 12 | | translation
of the adoption decree
or by other document | 13 | | essentially equivalent thereto (the
records of the U.S.
| 14 | | Immigration and Naturalization Service or of the U.S. | 15 | | Department of State to be
considered essentially equivalent | 16 | | thereto);
(3) a
copy of the IR-3 or IH-3 visa; and (4) the name | 17 | | and address of the adoption agency that
handled the adoption. | 18 | | The Record of Foreign Birth shall include the actual
place and | 19 | | date of birth, the child's name and parentage as ordered in the
| 20 | | judgment of adoption and any other necessary facts.
| 21 | | Upon the specific written request by the person to whom the | 22 | | Record of
Foreign Birth relates or by his or her legal | 23 | | representative, or by an agency of
local, state or federal | 24 | | government, or upon the order of a court of competent
| 25 | | jurisdiction
and upon payment of a fee of $5 by the applicant, | 26 | | the State Registrar of
Vital Records shall issue to such |
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| 1 | | applicant one certification or a certified
copy of the
| 2 | | specified Record of Foreign Birth.
| 3 | | Upon receipt of a certified copy of a court order of | 4 | | annulment of
adoption or a court order vacating a judgment of | 5 | | adoption of an adopted
person for whom a Record of Foreign | 6 | | Birth has been made and filed under the
provisions of this | 7 | | Section the State Registrar of Vital Records shall
nullify and | 8 | | void such Record of Foreign Birth by entering on its face the
| 9 | | statement "This Record is declared null and void upon the basis | 10 | | of a court
judgment annulling or vacating this adoption upon | 11 | | which this
Record is based"
and a notation identifying the | 12 | | court judgment.
| 13 | | The provisions of this Section shall also be applicable to, | 14 | | and shall
inure to the benefit of all persons for whom a | 15 | | judgment of
adoption has been
entered in a court in this State | 16 | | prior to August 26, 1963. In such cases
the applicant shall | 17 | | furnish the State Registrar of Vital Records with a
certified | 18 | | copy of the adoption judgment together with affidavits
as to | 19 | | the
personal particulars of the foster parents in lieu of the | 20 | | certificate of
adoption specified in Section 16 of this Act. In | 21 | | every case wherein the
State Registrar of Vital Records has | 22 | | previously been furnished with a
certificate of adoption | 23 | | involving a foreign born child adopted in Illinois,
a certified | 24 | | copy of the adoption judgment and affidavits of personal
| 25 | | particulars are not necessary, but the State Registrar of Vital | 26 | | Records
shall make and file a Record of Foreign Birth in the |
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| 1 | | same manner and
fashion as if the certificate of adoption has | 2 | | been furnished him after
August 26, 1963.
| 3 | | (Source: P.A. 93-645, eff. 12-31-03.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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