90th General Assembly
Summary of HB3778
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Short description: 
ADOPTION ACT-TECH                                                          

Synopsis of Bill as introduced:
        Amends the Adoption Act.  In  provisions  regarding  who  may  be      
   adopted under the Act, makes a stylistic change.                            
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          750 ILCS 50/3                                                        
          Adds reference to:                                                   
          410 ILCS 535/17                 from Ch. 111 1/2, par. 73-17         
          750 ILCS 50/1                   from Ch. 40, par. 1501               
          750 ILCS 50/18.3a               from Ch. 40, par. 1522.3a            
          750 ILCS 50/18.4                from Ch. 40, par. 1522.4             
        Deletes everything.   Amends  the  Vital  Records  Act.   In  the      
   provision  providing  that when a new birth certificate is established      
   the actual place and  date  of  birth  shall  be  shown,  removes  the      
   exception  to  this  provision  which  provides  that,  in the case of      
   adoption of a person born in this State by parents who were  residents      
   of  this  State  at  the  time of the birth of the adopted person, the      
   place of birth may be shown as the place of residence of the  adoptive      
   parents  at the time of such person's birth, if specifically requested      
   by them. Amends the Adoption  Act.   Provides  that,  in  addition  to      
   providing  to  any  adopted person who is 18 years of age or older the      
   same information as provided to adoptive  parents  about  the  adopted      
   person, the entities involved in the adoption proceeding shall provide      
   to  any  adopted person who is 18 years of age or over the name of the      
   state and county where the adoption judgment was finalized, the actual      
   date and place of the adopted person's birth,  and  other  information      
   provided  to  the  adoption  agency  by  the  adopted  person's  birth      
   relatives for the adopted person.  Provides for the release of various      
   non-identifying  information to birth parents and birth siblings about      
   adopted persons 18 years of age or older by the entities  involved  in      
   the  adoption  proceeding.  Amends  the  Adoption  Act  in  provisions      
   regarding  confidential intermediaries.  Provides that the services of      
   a confidential intermediary are also available to any birth parent  or      
   birth  sibling of an adopted or surrendered person over the age of 18.      
   Removes   provisions   limiting   the   services    of    confidential      
   intermediaries  to  cases  of medical emergencies or medical treatment      
   issues. Revises powers and  duties  of  a  confidential  intermediary.      
   Exempts  from  liability  persons  and  agencies acting in good faith.      
   Makes other changes.                                                        
        HOUSE AMENDMENT NO. 3.                                                 
        Removes  provision  stating  that  the  court   may   appoint   a      
   confidential intermediary without holding a hearing.  Provides that no      
   show  of cause shall be required by the petitioner for the appointment      
   of a confidential intermediary.  Restores provisions regarding  filing      
   a  petition  for  the  appointment of a confidential intermediary, but      
   removes the language requiring the petitioner to show  certain  things      
   to  obtain  the  appointment and replaces it with a provision that the      
   petition must set forth proper jurisdiction and venue in the petition.      
   Changes the provision for access to records from  granting  access  to      
   records  of  any  agency,  school,  or hospital, to granting access to      
   records of any adoption agency or State agency, including those of the      
   Office of Vital Records and the Secretary of State, as well  as  those      
   of  any  public  or private school or hospital.  Changes references to      
   "sought-after relative" to "sought-after birth relative"  and  changes      
   reference  to  "adoptee" to "adopted person" and changes one reference      
   to "surrendered child" to "surrendered person".  In language providing      
   that no liability shall accrue to the State,  any  State  agency,  any      
   judge,  any  officer  or  employee  of  the  court,  any  confidential      
   intermediary,   or  any  agency  designated  to  oversee  confidential      
   intermediary services for acts, omissions, or  efforts  made  in  good      
   faith within the scope of the Act, creates an exception in the case of      
   willful and wanton conduct.  Provides that confidential intermediaries      
   shall  not  be  required  to  provide  free  services  when  obtaining      
   non-identifying  information and that the court may refer requests for      
   information to confidential intermediaries  and  set  fees.   Adds  an      
   immediate effective date.                                                   
          FISCAL NOTE, AMENDED (Dpt. Children & Family Services)               
          No adverse fiscal impact on DCFS.                                    
          JUDICIAL NOTE, AMENDED                                               
          No decrease or increase in need for number of judges in State.       
          JUDICIAL NOTE, AMENDED                                               
          No change from previous judicial note.                               
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          410 ILCS 535/17                                                      
          750 ILCS 50/1                                                        
          750ILCS 50/18.3a                                                     
          750 ILCS 50/18.4                                                     
          Adds reference to:                                                   
          750 ILCS 50/3                   from Ch. 40, par. 1504               
        Deletes everything.  Amends the Adoption Act.  Makes a  technical      
   change in a provision regarding who may be adopted.                         
Last action on Bill: THIRD READING - LOST                     028-021-006

   Last action date: 98-05-15

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


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