Full Text of SB0646 100th General Assembly
SB0646ham002 100TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/29/2017
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| 1 | | AMENDMENT TO SENATE BILL 646
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 646, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. If and only if House Bill 1785 of the 100th | 6 | | General Assembly becomes law, then the Vital Records Act is | 7 | | amended by changing Section 17 as follows:
| 8 | | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
| 9 | | Sec. 17. (1) For a person born in this State, the State | 10 | | Registrar of Vital
Records shall establish a new certificate of | 11 | | birth when he receives any of
the following:
| 12 | | (a) A certificate of adoption as provided in Section 16 | 13 | | or a certified
copy of the order of adoption together with | 14 | | the information necessary to
identify the original | 15 | | certificate of birth and to establish the new
certificate | 16 | | of birth; except that a new certificate of birth shall not |
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| 1 | | be
established if so requested by the court ordering the | 2 | | adoption, the
adoptive parents, or the adopted person.
| 3 | | (b) A certificate of adoption or a certified copy of | 4 | | the order of
adoption entered in a court of competent | 5 | | jurisdiction of any other state or
country declaring | 6 | | adopted a child born in the State of Illinois, together
| 7 | | with the information necessary to identify the original | 8 | | certificate of
birth and to establish the new certificate | 9 | | of birth; except that a new
certificate of birth shall not | 10 | | be established if so requested by the court
ordering the | 11 | | adoption, the adoptive parents, or the adopted person.
| 12 | | (c) A request that a new certificate be established and | 13 | | such evidence as
required by regulation proving that such | 14 | | person has been legitimatized, or
that the circuit court, | 15 | | the Department of Healthcare and Family Services (formerly
| 16 | | Illinois Department of Public Aid), or
a court or | 17 | | administrative agency of any other state
has established
| 18 | | the paternity of such a person
by judicial or | 19 | | administrative processes or by voluntary acknowledgment,
| 20 | | which is accompanied by the social security
numbers of all | 21 | | persons determined and presumed to be the parents.
| 22 | | (d) A declaration by a licensed health care | 23 | | professional or licensed mental health professional who | 24 | | has treated or evaluated a person stating that the
person | 25 | | has undergone treatment that is clinically appropriate for | 26 | | that individual for the purpose of gender transition, based |
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| 1 | | on contemporary medical standards, or that the individual | 2 | | has an intersex condition, and that the sex designation on | 3 | | such
person's birth record should therefore be changed. The | 4 | | information in the declaration shall be proved by the | 5 | | licensed health care professional or licensed mental | 6 | | health professional signing and dating it in substantially | 7 | | the following form: "I declare (or certify, verify, or | 8 | | state) under penalty of perjury that the foregoing is true | 9 | | and correct. Executed on (date).". The new certificate of | 10 | | birth shall reflect any legal name change, so long as the | 11 | | appropriate documentation of the name change is submitted.
| 12 | | Each request for a new certificate of birth shall be | 13 | | accompanied by a fee
of $15 and entitles the applicant to one | 14 | | certification or certified copy
of the new certificate. If the | 15 | | request is for additional copies, it shall
be accompanied by a | 16 | | fee of $2 for each additional certification or certified
copy.
| 17 | | (2) When a new certificate of birth is established, the | 18 | | actual place and
date of birth shall be shown; provided, in the | 19 | | case of adoption of a person
born in this State by parents who | 20 | | were residents of this State at the time
of the birth of the | 21 | | adopted person, the place of birth may be shown as the
place of | 22 | | residence of the adoptive parents at the time of such person's
| 23 | | birth, if specifically requested by them, and any new | 24 | | certificate of birth
established prior to the effective date of | 25 | | this amendatory Act may be
corrected accordingly if so | 26 | | requested by the adoptive parents or the
adopted person when of |
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| 1 | | legal age. The social security numbers of the
parents shall not | 2 | | be recorded on the certificate of birth. The social
security | 3 | | numbers may only be used for purposes allowed under federal | 4 | | law.
The new certificate shall be substituted for the original | 5 | | certificate of birth:
| 6 | | (a) Thereafter, the original certificate and the | 7 | | evidence of adoption,
paternity, legitimation, or change | 8 | | of sex designation shall not be subject to inspection
or | 9 | | certification except upon order of the circuit court, | 10 | | request of the person named on the certificate of birth , or
| 11 | | as provided by regulation. If the new certificate was | 12 | | issued subsequent to an adoption, then the evidence of | 13 | | adoption is not subject to inspection or certification | 14 | | except upon order of the circuit court or as provided by | 15 | | rule, and the original certificate shall not be subject to | 16 | | inspection until the adopted person has reached the age of | 17 | | 21; thereafter, the original certificate shall be made | 18 | | available as provided by Section 18.1b of the Adoption Act , | 19 | | and nothing in this subsection shall impede or prohibit | 20 | | access to the original birth certificate under Section | 21 | | 18.1b of the Adoption Act .
| 22 | | (b) Upon receipt of notice of annulment of adoption, | 23 | | the original
certificate of birth shall be restored to its | 24 | | place in the files, and the
new certificate and evidence | 25 | | shall not be subject to inspection or
certification except | 26 | | upon order of the circuit court.
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| 1 | | (3) If no certificate of birth is on file for the person | 2 | | for whom a new
certificate is to be established under this | 3 | | Section, a delayed record of
birth shall be filed with the | 4 | | State Registrar of Vital Records as provided
in Section 14 or | 5 | | Section 15 of this Act before a new certificate of birth
is | 6 | | established, except that when the date and place of birth and | 7 | | parentage
have been established in the adoption proceedings, a | 8 | | delayed record shall
not be required.
| 9 | | (4) When a new certificate of birth is established by the | 10 | | State
Registrar of Vital Records, all copies of the original | 11 | | certificate of birth
in the custody of any custodian of | 12 | | permanent local records in this State
shall be transmitted to | 13 | | the State Registrar of Vital Records as directed,
and shall be | 14 | | sealed from inspection except as provided by Section 18.1b of | 15 | | the Adoption Act.
| 16 | | (5) Nothing in this Section shall be construed to prohibit | 17 | | the amendment
of a birth certificate in accordance with | 18 | | subsection (6) of Section 22.
| 19 | | (Source: P.A. 97-110, eff. 7-14-11; 100HB1785eng.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law or on the date House Bill 1785 of the 100th | 22 | | General Assembly takes effect, whichever is later.".
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