State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 002 ]

90_SB0600

      750 ILCS 50/18.05 new
          Amends the Adoption Act.  Provides that an adopted person
      who is 18 years old or older shall be given a copy of his  or
      her  original  birth  certificate  and all court and attorney
      information, and that an  adopted  person  or  a  surrendered
      person  who is 18 years old or older shall be given copies of
      all  agency  records  pertaining  to  him  or  her  and   all
      information,  photographs, and letters provided by his or her
      birth parent or parents and birth relatives, and intended for
      him or her.  Provides that a birth parent or adoptive  parent
      shall  be  given  copies  of all documents he or she executed
      and, after the adopted child reaches the age of 18, a copy of
      the adopted child's amended or original birth certificate.
                                                    LRB9002202SMdvB
                                              LRB9002202SMdvB
 1        AN ACT to amend the Adoption Act by adding Section 18.05.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Adoption Act is amended by adding Section
 5    18.05 as follows:
 6        (750 ILCS 50/18.05 new)
 7        Sec. 18.05.  Requests for information.
 8        (a)  Legislative intent.  In enacting this amendatory Act
 9    of 1997 it is the intent of the General Assembly to give  all
10    adult  adopted  persons and all adult surrendered persons the
11    same right to information gathered about them by the State as
12    has any other adult person about whom the State has  gathered
13    similar  information.   It  is further the General Assembly's
14    intent that birth parents and adoptive parents shall have the
15    same right  to  copies  of  all  documents  which  they  have
16    executed  as does every other citizen in this State, and also
17    to all birth records pertaining to their  adult  children  as
18    does  every  other parent in this State.  The purpose of this
19    amendatory Act of 1997 is to restore  several  of  the  civil
20    rights  taken  for  granted  by  the  majority of the State's
21    citizens which  have  for  several  decades  been  denied  to
22    adopted  persons,  surrendered  persons,  birth  parents, and
23    adoptive parents.
24        (b)  Definitions.  When used in this Section, unless  the
25    context otherwise requires:
26        "Adopted  person"  means  a  person  who, as a minor, was
27    adopted under a final  judgment  of  adoption  entered  by  a
28    court.
29        "Adoptive  parent" means an adult who has become a parent
30    through the legal process of adoption.
31        "Birth parent" means a parent, by birth,  of  an  adopted
                            -2-               LRB9002202SMdvB
 1    person or surrendered person.
 2        "Birth  relative"  means  a  relative,  by  birth,  of an
 3    adopted person or surrendered person.
 4        "Identifying information" means  the  name,  birth  name,
 5    surname,  maiden  surname,  given  name or names, surname and
 6    given name or names of parent or parents, sex, date of birth,
 7    birthplace,  birthplace   of   parent   or   parents,   birth
 8    registration  number  from  birth  certificate, any available
 9    social security numbers, the last known address,  a  name  or
10    address change attached to a birth certificate, and telephone
11    number of a person.
12        "Surrendered  person" means a person who, as a minor, was
13    surrendered for adoption but was not adopted.
14        (c)  An adopted person who is 18 years of age  or  older,
15    shall be given, upon request, without show of cause, and with
16    no  exclusions  of  identifying information, a copy of his or
17    her original birth certificate, and all court, attorney,  and
18    agency records pertaining to him or her, and all information,
19    photographs,  and letters provided by his or her birth parent
20    or birth parents and birth relatives,  specifically  intended
21    for the adopted person.  A surrendered person who is 18 years
22    of  age  or older, shall be given, upon request, without show
23    of cause, and with no exclusions of identifying  information,
24    a  copy  of  all agency records pertaining to him or her, and
25    all information, photographs, and letters provided by his  or
26    her  birth  parent  or  birth  parents  and  birth relatives,
27    specifically  intended  for  the  surrendered  person.    The
28    request shall be in writing and attached to the request shall
29    be  a  copy  of one of the following forms of identification:
30    current driver's license,  social  security  card,  or  birth
31    certificate.   The adopted person or surrendered person shall
32    be responsible for the copying fees of any documents which he
33    or she receives; however, the fees levied  shall  not  exceed
34    those  for  like  documents  provided  to  any other Illinois
                            -3-               LRB9002202SMdvB
 1    citizen.
 2        (d)  A birth parent shall be given, upon request, without
 3    show  of  cause,  and  with  no  exclusions  of   identifying
 4    information,  copies  of  all  documents  which he or she has
 5    executed.  A birth parent, whose adopted child is 18 years of
 6    age or older, shall be given, upon request, without  show  of
 7    cause,  and  with no exclusions of identifying information, a
 8    copy of that adopted child's amended birth certificate.   The
 9    request shall be in writing and attached to the request shall
10    be  a  copy  of one of the following forms of identification:
11    current driver's license,  social  security  card,  or  birth
12    certificate.   The  birth parent shall be responsible for the
13    copying fees of  any  documents  that  he  or  she  receives;
14    however,  the  fees  levied  shall  not exceed those for like
15    documents provided to any other Illinois citizen.
16        (e)  An adoptive parent shall  be  given,  upon  request,
17    without  show of cause, and with no exclusions of identifying
18    information, copies of all documents  which  he  or  she  has
19    executed.   An  adoptive  parent,  whose  adopted child is 18
20    years of age or older, shall be given, upon request,  without
21    show   of  cause,  and  with  no  exclusions  of  identifying
22    information, a copy of that adopted  child's  original  birth
23    certificate.  The request shall be in writing and attached to
24    the  request shall be a copy of one of the following forms of
25    identification:  current driver's  license,  social  security
26    card,  or  birth  certificate.   The adoptive parent shall be
27    responsible for the copying fees of any documents that he  or
28    she receives; however, the fees levied shall not exceed those
29    for like documents provided to any other Illinois citizen.

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