(750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
Sec. 18.3. (a) The agency, Department of Children and Family Services,
Court Supportive Services, Juvenile Division of the Circuit Court, and any
other party to the
surrender of a child for adoption or in an adoption proceeding shall inform any birth parent or parents relinquishing a child for
purposes of
adoption after the effective date of this Act of the opportunity to register with the Illinois Adoption Registry and Medical Information Exchange and to utilize the Illinois confidential intermediary program and shall obtain a written confirmation that acknowledges the birth parent's receipt of such information.
The birth parent shall be informed in writing that if contact or exchange of identifying
information with the adult adopted or surrendered person
is to occur, that adult adopted or surrendered person must be 21 years of age or
over except as referenced in paragraph (d) of this Section.
(b) Any birth parent, birth sibling,
adopted or surrendered person, adoptive parent, or legal
guardian indicating their desire to receive
identifying or medical information shall be informed
of the existence of the Registry and assistance shall be given to such
person to
legally
record his or her
name with the Registry.
(c) The agency, Department of Children and Family Services, Court
Supportive Services, Juvenile Division of the Circuit Court, and any other organization involved in the
surrender of a child for adoption in an adoption proceeding which has
written statements from an adopted or surrendered person and the birth
parent or a birth sibling indicating a desire to share
identifying information or establish contact shall supply such information to the mutually
consenting parties, except that no identifying information shall be
supplied to consenting birth siblings if any such sibling is
under 21
years of age. However, both the Registry having an Information Exchange
Authorization and the organization having a written statement requesting the sharing of
identifying information or contact shall communicate with each other to determine if
the adopted or surrendered person or the
birth parent or
birth
sibling has signed a form at a later date indicating a change in his or
her desires regarding the sharing of information or contact.
(d) On and after January 1, 2000, any licensed child welfare agency which
provides post-adoption search assistance to adoptive parents, adopted persons,
surrendered persons,
birth parents, or other birth relatives shall require that any person requesting
post-adoption search assistance complete an Illinois Adoption Registry
Application prior to the commencement of the search. However, former youth in care as defined in Section 4d of the Children and Family Services Act who have been surrendered or adopted who are (i) between the ages of 18 and 21 and who are seeking contact or an exchange of information with siblings, birth relatives, former foster parents, or former foster siblings or (ii) over the age of 21 who are seeking contact with former foster parents or former foster siblings shall not be required to complete an Illinois Adoption Registry Application prior to commencement of the search, provided that the search is performed consistent with applicable Sections of this Act. (e) A confidential intermediary shall be permitted to access records of closed child welfare agencies that are
housed in the State Central Storage, in addition to the
information allowed to be requested in paragraph (g) from
adoption agencies, if the petitioner is an adult adopted or
surrendered person, or the adoptive parent of an adult adopted
person under the age of 21, or the adoptive parent of a
deceased adopted or surrendered person, and the confidential
intermediary may request any non-identifying information,
including any available medical information about the adopted
or surrendered person from birth through adoption, any
non-identifying information described in Section 18.4, and the
18.3 statement.
(Source: P.A. 102-825, eff. 7-1-23; 103-252, eff. 1-1-24.)
|