Full Text of HB0009 102nd General Assembly
HB0009enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 | | Sections 17, 25.3, and 25.4 and adding Section 25.6 as | 6 | | follows:
| 7 | | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
| 8 | | Sec. 17. (1) For a person born in this State, the State | 9 | | Registrar of Vital
Records shall establish a new certificate | 10 | | of birth when he receives any of
the following:
| 11 | | (a) A certificate of adoption as provided in Section | 12 | | 16 or a certified
copy of the order of adoption together | 13 | | with the information necessary to
identify the original | 14 | | certificate of birth and to establish the new
certificate | 15 | | of birth; except that a new certificate of birth shall not | 16 | | be
established if so requested by the court ordering the | 17 | | adoption, the
adoptive parents, or the adopted person.
| 18 | | (b) A certificate of adoption or a certified copy of | 19 | | the order of
adoption entered in a court of competent | 20 | | jurisdiction of any other state or
country declaring | 21 | | adopted a child born in the State of Illinois, together
| 22 | | with the information necessary to identify the original | 23 | | certificate of
birth and to establish the new certificate |
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| 1 | | of birth; except that a new
certificate of birth shall not | 2 | | be established if so requested by the court
ordering the | 3 | | adoption, the adoptive parents, or the adopted person.
| 4 | | (c) A request that a new certificate be established | 5 | | and such evidence as
required by regulation proving that | 6 | | such person has been legitimatized, or
that the circuit | 7 | | court, the Department of Healthcare and Family Services | 8 | | (formerly
Illinois Department of Public Aid), or
a court | 9 | | or administrative agency of any other state
has | 10 | | established
the paternity of such a person
by judicial or | 11 | | administrative processes or by voluntary acknowledgment,
| 12 | | which is accompanied by the social security
numbers of all | 13 | | persons determined and presumed to be the parents.
| 14 | | (d) (Blank). A declaration by a licensed health care | 15 | | professional or licensed mental health professional who | 16 | | has treated or evaluated a person stating that the
person | 17 | | has undergone treatment that is clinically appropriate for | 18 | | that individual for the purpose of gender transition, | 19 | | based on contemporary medical standards, or that the | 20 | | individual has an intersex condition, and that the sex | 21 | | designation on such
person's birth record should therefore | 22 | | be changed. The information in the declaration shall be | 23 | | proved by the licensed health care professional or | 24 | | licensed mental health professional signing and dating it | 25 | | in substantially the following form: "I declare (or | 26 | | certify, verify, or state) under penalty of perjury that |
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| 1 | | the foregoing is true and correct. Executed on (date).". | 2 | | The new certificate of birth shall reflect any legal name | 3 | | change, so long as the appropriate documentation of the | 4 | | name change is submitted.
| 5 | | (e) A statement signed by the person in which the | 6 | | person attests to making the request for the purpose of | 7 | | affirming the person's gender identity or intersex | 8 | | condition and that the sex designation on the person's | 9 | | certificate of birth should therefore be changed to a | 10 | | male, female, or X designation. | 11 | | Each request for a new certificate of birth shall be | 12 | | accompanied by a fee
of $15 and entitles the applicant to one | 13 | | certification or certified copy
of the new certificate. If the | 14 | | request is for additional copies, it shall
be accompanied by a | 15 | | fee of $2 for each additional certification or certified
copy. | 16 | | The fee for a new certificate of birth shall not be required | 17 | | from a person (1) upon release on parole, mandatory supervised | 18 | | release, final discharge, or pardon from the Department of | 19 | | Corrections if the person presents a prescribed verification | 20 | | form completed by the Department of Corrections verifying the | 21 | | released person's date of birth and social security number, or | 22 | | (2) placed on aftercare release under the Juvenile Court Act | 23 | | of 1987, upon release on parole, mandatory supervised release, | 24 | | final discharge, or pardon from the Department of Juvenile | 25 | | Justice if the person presents a prescribed verification form | 26 | | completed by the Department of Juvenile Justice verifying the |
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| 1 | | person's date of birth and social security number. However, | 2 | | the person is entitled to only one new certificate of birth fee | 3 | | waiver.
| 4 | | (2) When a new certificate of birth is established, the | 5 | | actual place and
date of birth shall be shown; provided, in the | 6 | | case of adoption of a person
born in this State by parents who | 7 | | were residents of this State at the time
of the birth of the | 8 | | adopted person, the place of birth may be shown as the
place of | 9 | | residence of the adoptive parents at the time of such person's
| 10 | | birth, if specifically requested by them, and any new | 11 | | certificate of birth
established prior to the effective date | 12 | | of this amendatory Act may be
corrected accordingly if so | 13 | | requested by the adoptive parents or the
adopted person when | 14 | | of legal age. The social security numbers of the
parents shall | 15 | | not be recorded on the certificate of birth. The social
| 16 | | security numbers may only be used for purposes allowed under | 17 | | federal law.
The new certificate shall be substituted for the | 18 | | original certificate of birth:
| 19 | | (a) Thereafter, the original certificate and the | 20 | | evidence of
paternity, legitimation, or change of sex | 21 | | designation shall not be subject to inspection
or | 22 | | certification except upon order of the circuit court, | 23 | | request of the person named on the certificate of birth, | 24 | | or
as provided by regulation. If the new certificate was | 25 | | issued subsequent to an adoption, then the evidence of | 26 | | adoption is not subject to inspection or certification |
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| 1 | | except upon order of the circuit court or as provided by | 2 | | rule, and the original certificate shall not be subject to | 3 | | inspection until the adopted person has reached the age of | 4 | | 21; thereafter, the original certificate shall be made | 5 | | available as provided by Section 18.1b of the Adoption | 6 | | Act, and nothing in this subsection shall impede or | 7 | | prohibit access to the original birth certificate under | 8 | | Section 18.1b of the Adoption Act.
| 9 | | (b) Upon receipt of notice of annulment of adoption, | 10 | | the original
certificate of birth shall be restored to its | 11 | | place in the files, and the
new certificate and evidence | 12 | | shall not be subject to inspection or
certification except | 13 | | upon order of the circuit court.
| 14 | | (3) If no certificate of birth is on file for the person | 15 | | for whom a new
certificate is to be established under this | 16 | | Section, a delayed record of
birth shall be filed with the | 17 | | State Registrar of Vital Records as provided
in Section 14 or | 18 | | Section 15 of this Act before a new certificate of birth
is | 19 | | established, except that when the date and place of birth and | 20 | | parentage
have been established in the adoption proceedings, a | 21 | | delayed record shall
not be required.
| 22 | | (4) When a new certificate of birth is established by the | 23 | | State
Registrar of Vital Records, all copies of the original | 24 | | certificate of birth
in the custody of any custodian of | 25 | | permanent local records in this State
shall be transmitted to | 26 | | the State Registrar of Vital Records as directed,
and shall be |
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| 1 | | sealed from inspection except as provided by Section 18.1b of | 2 | | the Adoption Act.
| 3 | | (5) Nothing in this Section shall be construed to prohibit | 4 | | the amendment
of a birth certificate in accordance with | 5 | | subsection (6) of Section 22.
| 6 | | (Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18 .)
| 7 | | (410 ILCS 535/25.3) | 8 | | Sec. 25.3. Homeless person birth record request. | 9 | | (a) For the purposes of this Section, an individual's | 10 | | status as a homeless person may be verified by a human services | 11 | | agency, legal services agency, or other similar agency that | 12 | | has knowledge of the individual's housing status, including, | 13 | | but not limited to: | 14 | | (1) a homeless service agency receiving federal, | 15 | | State, county, or municipal funding to provide those | 16 | | services or otherwise sanctioned by a local continuum of | 17 | | care; | 18 | | (2) an attorney licensed to practice in the State; | 19 | | (3) a public school homeless liaison or school social | 20 | | worker; or | 21 | | (4) a human services provider funded by the State to | 22 | | serve homeless or runaway youth, individuals with mental | 23 | | illness, or individuals with addictions. | 24 | | Individuals who are homeless must not be charged for this | 25 | | verification. |
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| 1 | | Anyone who knowingly or purposefully falsifies this | 2 | | verification is subject to a penalty of $100. | 3 | | (b) Applicable fees under Section 17 for a new certificate | 4 | | of birth and under Section 25 of this Act for a search for a | 5 | | birth record or a certified copy of a birth record shall be | 6 | | waived for all requests made by a homeless person whose status | 7 | | is verified under subsection (a) of this Section. | 8 | | The State Registrar of Vital Records shall establish | 9 | | standards and procedures consistent with this Section for | 10 | | waiver of such applicable fees. | 11 | | (c) A homeless person shall be provided no more than 4 | 12 | | birth records annually under this Section.
| 13 | | (Source: P.A. 100-506, eff. 1-1-18 .) | 14 | | (410 ILCS 535/25.4) | 15 | | Sec. 25.4. Youth in care birth record request. | 16 | | (a) For the purposes of this Section, an individual's | 17 | | status as a youth in care may be verified: | 18 | | (1) with a copy of the court order placing the youth in | 19 | | the guardianship or custody of the Department of Children | 20 | | and Family Services or terminating the Department of | 21 | | Children and Family Services' guardianship or custody of | 22 | | the youth; or | 23 | | (2) by a human services agency, legal services agency, | 24 | | or other similar agency that has knowledge of the | 25 | | individual's youth in care status, including, but not |
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| 1 | | limited to: | 2 | | (A) a child welfare agency, including the | 3 | | Department of Children and Family Services; or | 4 | | (B) the attorney or guardian ad litem who served | 5 | | as the youth in care's attorney or guardian ad litem | 6 | | during proceedings under the Juvenile Court Act of | 7 | | 1987. | 8 | | A person described in subsection (b) of this Section must | 9 | | not be charged for verification under this Section. | 10 | | A person who knowingly or purposefully falsifies this | 11 | | verification is subject to a penalty of $100. | 12 | | (b) The applicable fees under Section 17 for a new | 13 | | certificate of birth and under Section 25 of this Act for a | 14 | | search for a birth record or a certified copy of a birth record | 15 | | shall be waived for all requests made by: | 16 | | (1) a youth in care, as defined in Section 4d of the | 17 | | Children and Family Services Act, whose status is verified | 18 | | under subsection (a) of this Section; or | 19 | | (2) a person under the age of 27 who was a youth in | 20 | | care, as defined in Section 4d of the Children and Family | 21 | | Services Act, on or after his or her 18th birthday and | 22 | | whose status is verified under subsection (a) of this | 23 | | Section. | 24 | | The State Registrar of Vital Records shall establish | 25 | | standards and procedures consistent with this Section for | 26 | | waiver of the applicable fees. |
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| 1 | | (c) A person shall be provided no more than 4 birth records | 2 | | annually under this Section.
| 3 | | (Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.) | 4 | | (410 ILCS 535/25.6 new) | 5 | | Sec. 25.6. Fee waiver; persons who reside in a shelter for | 6 | | domestic violence. | 7 | | (a) The applicable fees under Section 17 of this Act for a | 8 | | new certificate of birth and Section 25 of this Act for a | 9 | | search of a birth record or a certified copy of a birth record | 10 | | shall be waived for all requests by a person who resides in a | 11 | | shelter for domestic violence. The State Registrar of Vital | 12 | | Records shall establish standards and procedures consistent | 13 | | with this Section for waiver of the applicable fees. A person | 14 | | described under this Section must not be charged for | 15 | | verification under this Section. A person who knowingly or | 16 | | purposefully falsifies this verification is subject to a | 17 | | penalty of $100. | 18 | | (b) A person who resides in a shelter for domestic | 19 | | violence shall be provided no more than 4 birth records | 20 | | annually under this Section.
| 21 | | Section 99. Effective date. This Act takes effect July 1, | 22 | | 2023.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 410 ILCS 535/17 | from Ch. 111 1/2, par. 73-17 | | 4 | | 410 ILCS 535/25.3 | | | 5 | | 410 ILCS 535/25.4 | | | 6 | | 410 ILCS 535/25.6 new | |
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