Full Text of HB1149 97th General Assembly
HB1149eng 97TH GENERAL ASSEMBLY |
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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 | | Citizenship and Immigration Services Immigration and | 17 | | Naturalization Service or of the
U.S. Department of State to be | 18 | | considered essentially equivalent thereto),
the State | 19 | | Registrar of Vital Records shall make and file a Record of
| 20 | | Foreign Birth. The State Registrar of Vital Records may make | 21 | | and file a
Record of Foreign Birth for a person
born in a | 22 | | foreign country
who
has been granted an IR-3 or IH-3 visa by | 23 | | the U.S. Citizenship and Immigration Services Immigration
and |
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| 1 | | Naturalization
Service under the Immigration and Nationality | 2 | | Act
and who was adopted under the laws of a jurisdiction or
| 3 | | country other than
the United States by an adopting parent who | 4 | | is a resident of this State
upon the submission to the State | 5 | | Registrar of Vital Records of: (1)
evidence as to the child's
| 6 | | birth date and birthplace (including the country of birth and | 7 | | if available, the
city and province of birth) provided by the | 8 | | original birth certificate, or
by a
certified copy, extract, or
| 9 | | translation thereof or by other document essentially | 10 | | equivalent thereto (the
records of the U.S.
Citizenship and | 11 | | Immigration Services Immigration and Naturalization Service or | 12 | | of the U.S. Department of State to be
considered
essentially | 13 | | equivalent thereto); (2) a certified copy, extract, or | 14 | | translation
of the adoption decree
or by other document | 15 | | essentially equivalent thereto (the
records of the U.S.
| 16 | | Citizenship and Immigration Services Immigration and | 17 | | Naturalization Service or of the U.S. Department of State to be
| 18 | | considered essentially equivalent thereto);
(3) a
copy of the | 19 | | IR-3 or IH-3 visa; and (4) the name and address of the adoption | 20 | | agency that
handled the adoption. The Record of Foreign Birth | 21 | | shall include the actual
place and date of birth, the child's | 22 | | name and parentage as ordered in the
judgment of adoption and | 23 | | any other necessary facts.
| 24 | | Upon the specific written request by the person to whom the | 25 | | Record of
Foreign Birth relates or by his or her legal | 26 | | representative, or by an agency of
local, state or federal |
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| 1 | | government, or upon the order of a court of competent
| 2 | | jurisdiction
and upon payment of a fee of $5 by the applicant, | 3 | | the State Registrar of
Vital Records shall issue to such | 4 | | applicant one certification or a certified
copy of the
| 5 | | specified Record of Foreign Birth.
| 6 | | Upon receipt of a certified copy of a court order of | 7 | | annulment of
adoption or a court order vacating a judgment of | 8 | | adoption of an adopted
person for whom a Record of Foreign | 9 | | Birth has been made and filed under the
provisions of this | 10 | | Section the State Registrar of Vital Records shall
nullify and | 11 | | void such Record of Foreign Birth by entering on its face the
| 12 | | statement "This Record is declared null and void upon the basis | 13 | | of a court
judgment annulling or vacating this adoption upon | 14 | | which this
Record is based"
and a notation identifying the | 15 | | court judgment.
| 16 | | The provisions of this Section shall also be applicable to, | 17 | | and shall
inure to the benefit of all persons for whom a | 18 | | judgment of
adoption has been
entered in a court in this State | 19 | | prior to August 26, 1963. In such cases
the applicant shall | 20 | | furnish the State Registrar of Vital Records with a
certified | 21 | | copy of the adoption judgment together with affidavits
as to | 22 | | the
personal particulars of the foster parents in lieu of the | 23 | | certificate of
adoption specified in Section 16 of this Act. In | 24 | | every case wherein the
State Registrar of Vital Records has | 25 | | previously been furnished with a
certificate of adoption | 26 | | involving a foreign born child adopted in Illinois,
a certified |
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| 1 | | copy of the adoption judgment and affidavits of personal
| 2 | | particulars are not necessary, but the State Registrar of Vital | 3 | | Records
shall make and file a Record of Foreign Birth in the | 4 | | same manner and
fashion as if the certificate of adoption has | 5 | | been furnished him after
August 26, 1963.
| 6 | | (Source: P.A. 93-645, eff. 12-31-03.)
| 7 | | Section 10. The Adoption Act is amended by changing Section | 8 | | 18.05 as follows:
| 9 | | (750 ILCS 50/18.05)
| 10 | | Sec. 18.05. The Illinois Adoption Registry and Medical | 11 | | Information
Exchange. | 12 | | (a) General function. Subject to appropriation, the | 13 | | Department of Public
Health shall administer the Illinois | 14 | | Adoption Registry and
Medical Information Exchange in the | 15 | | manner outlined in subsections
(b) and (c) for the purpose of | 16 | | facilitating the voluntary exchange of identifying and
medical | 17 | | information between mutually consenting members of birth and | 18 | | adoptive families.
The Department shall establish rules for the | 19 | | confidential operation of the
Illinois Adoption
Registry. The | 20 | | Department shall appoint an OBC-Access Public Information | 21 | | Campaign Oversight Committee comprised of, but not limited to, | 22 | | representatives of the Department of Public Health and the | 23 | | Department of Children and Family Services, as well as | 24 | | representatives of the organizations that serve, as of the |
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| 1 | | effective date of this amendatory Act of the 96th General | 2 | | Assembly, on the Illinois Adoption Registry Advisory Council or | 3 | | the Confidential Intermediary Advisory Council. On and after | 4 | | the effective date of this amendatory Act of the 96th General | 5 | | Assembly, the OBC-Access Public Information Campaign Oversight | 6 | | Committee shall develop and ensure the timely implementation of | 7 | | a year-long, nationwide campaign to be conducted from November | 8 | | 1, 2010, through October 31, 2011, for the express purpose of | 9 | | informing the public in earnest about the conditions under | 10 | | which an adult adopted or surrendered person may receive a | 11 | | non-certified copy of his or her original birth certificate, | 12 | | and the procedures pursuant to which a birth parent may file a | 13 | | Birth Parent Preference Form to express his or her wishes with | 14 | | respect to contact with a surrendered son or daughter and the | 15 | | release of identifying information that appears on the original | 16 | | birth certificate. This year-long informational campaign shall | 17 | | include, but not be limited to: | 18 | | (1) Public service announcements to be distributed to | 19 | | local and national radio and television stations. | 20 | | (2) Notices to be distributed throughout Illinois to | 21 | | physicians' offices, religious institutions, social | 22 | | welfare organizations, retirement homes, and other | 23 | | entities capable of reaching individuals who may be | 24 | | impacted by this change in the law. | 25 | | (3) An informational website exclusively devoted to | 26 | | providing the general public with information about the new |
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| 1 | | law as well as other forms of free electronic media. | 2 | | (4) Press releases to be distributed to local and | 3 | | national radio and television stations, as well as to | 4 | | relevant websites. | 5 | | (5) Announcements about the new law to be posted on the | 6 | | websites of all adoption agencies licensed in the State. | 7 | | (6) Notices accompanying every vehicle registration | 8 | | renewal application issued by the Secretary of State's | 9 | | office between October 31, 2010, and November 1, 2011. | 10 | | (7) Notices enclosed with driver's license renewal | 11 | | applications issued by the Secretary of State's office | 12 | | beginning 30 days after the effective date of this | 13 | | amendatory Act of the 96th General Assembly and through | 14 | | November 30, 2014. | 15 | | The Illinois
Adoption
Registry shall also
maintain an | 16 | | informational Internet site where interested parties may | 17 | | access
information about the Illinois Adoption Registry and | 18 | | Medical Information
Exchange and download all necessary | 19 | | application forms. The Illinois Adoption
Registry
shall | 20 | | maintain statistical records regarding Registry participation | 21 | | and publish
and circulate to the public
informational material
| 22 | | about the function and operation of the Registry.
| 23 | | (b) Establishment of the Adoption/Surrender Records File. | 24 | | When a person has
voluntarily registered with
the Illinois | 25 | | Adoption Registry and completed an Illinois Adoption Registry
| 26 | | Application or a Registration Identification Form, the |
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| 1 | | Registry shall establish
a
new Adoption/Surrender Records | 2 | | File. Such file may concern
an adoption that was finalized by a | 3 | | court action in the State of Illinois, an
adoption of a person | 4 | | born in Illinois finalized
by a court action in a state other | 5 | | than Illinois or in a foreign country, a
surrender taken in the | 6 | | State of Illinois, or an adoption filed according to Section | 7 | | 16.1 of the Vital Records Act under a Record of Foreign Birth | 8 | | that was not finalized by a court action in the State of | 9 | | Illinois. Such file may be established for
adoptions or | 10 | | surrenders finalized prior to as well as after the effective | 11 | | date
of this amendatory Act. A file may be created in
any | 12 | | manner to preserve documents including but not limited to | 13 | | microfilm,
optical imaging, or electronic documents.
| 14 | | (c) Contents of the Adoption/Surrender Records File. An | 15 | | established
Adoption/Surrender
Records File shall be limited | 16 | | to the following items, to the extent that they
are
available:
| 17 | | (1) The General Information Section and Medical | 18 | | Information Exchange
Questionnaire of any Illinois | 19 | | Adoption Registry Application or a Registration
| 20 | | Identification
Form which
has been voluntarily completed | 21 | | by any registered party.
| 22 | | (2) Any photographs
voluntarily provided
by any | 23 | | registrant for any other registered party at the
time of | 24 | | registration or any time thereafter.
All such photographs | 25 | | shall be submitted in an unsealed
envelope no larger than 8 | 26 | | 1/2" x 11", and shall not include identifying
information |
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| 1 | | pertaining to any person other than the registrant
who | 2 | | submitted them.
Any such identifying information shall be | 3 | | redacted by the Department or the
information shall be | 4 | | returned for removal of identifying information.
| 5 | | (3) Any Information Exchange Authorization, Denial of | 6 | | Information
Exchange, or Birth Parent Preference Form
| 7 | | which has been filed by a registrant.
| 8 | | (4) For all adoptions finalized after January 1, 2000, | 9 | | copies of the
original certificate of live birth and the | 10 | | certificate
of adoption.
| 11 | | (5) Any updated address submitted by any registered | 12 | | party about himself or
herself.
| 13 | | (6) Any proof of death that has been submitted by a | 14 | | registrant.
| 15 | | (7) Any birth certificate that has been submitted by a | 16 | | registrant.
| 17 | | (8) Any marriage certificate that has been submitted by | 18 | | a registrant.
| 19 | | (9) Any proof of guardianship that has been submitted | 20 | | by a registrant.
| 21 | | (10) Any Request for a Non-Certified Copy of an | 22 | | Original Birth Certificate that has been filed with the | 23 | | Registry by an adult adopted or surrendered person or by a | 24 | | surviving adult child or surviving spouse of a deceased | 25 | | adopted or surrendered person who has registered with the | 26 | | Registry. |
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| 1 | | (d) An established Adoption/Surrender Records File for an | 2 | | adoption filed in Illinois under a Record of Foreign Birth that | 3 | | was not finalized in a court action in the State of Illinois | 4 | | shall be limited to the following items submitted to the State | 5 | | Registrar of Vital Records under Section 16.1 of the Vital | 6 | | Records Act, to the extent that they are available: | 7 | | (1) Evidence as to the child's birth date and | 8 | | birthplace (including the country of birth and, if | 9 | | available, the city and province of birth) provided by the | 10 | | original birth certificate, or by a certified copy, | 11 | | extract, or translation thereof or by other document | 12 | | essentially equivalent thereto (the records of the U.S. | 13 | | Citizenship and Immigration Services or of the U.S. | 14 | | Department of State to be considered essentially | 15 | | equivalent thereto). | 16 | | (2) A certified copy, extract, or translation of the | 17 | | adoption decree or other document essentially equivalent | 18 | | thereto (the records of the U.S. Citizenship and | 19 | | Immigration Services or of the U.S. Department of State to | 20 | | be considered essentially equivalent thereto). | 21 | | (3) A copy of the IR-3 or IH-3 visa. | 22 | | (4) The name and address of the adoption agency that | 23 | | handled the adoption.
| 24 | | (Source: P.A. 95-331, eff. 8-21-07; 96-895, eff. 5-21-10.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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