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Public Act 103-0252 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing Section | ||||
18.3 as follows:
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(750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
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(Text of Section before amendment by P.A. 102-825 )
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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.
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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.
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(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.
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(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
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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
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supplied to consenting birth siblings if any such sibling is
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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.
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(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,
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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 | ||
between the ages of 18 and 21 who have been surrendered or | ||
adopted and who are seeking contact or an exchange of | ||
information with 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.
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(Source: P.A. 100-159, eff. 8-18-17.)
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(Text of Section after amendment by P.A. 102-825 )
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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.
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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.
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(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.
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(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
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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
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supplied to consenting birth siblings if any such sibling is
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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.
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(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,
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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
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housed in the State Central Storage, in addition to the
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information allowed to be requested in paragraph (g) from
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adoption agencies, if the petitioner is an adult adopted or
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surrendered person, or the adoptive parent of an adult adopted
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person under the age of 21, or the adoptive parent of a
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deceased adopted or surrendered person, and the confidential
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intermediary may request any non-identifying information,
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including any available medical information about the adopted
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or surrendered person from birth through adoption, any
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non-identifying information described in Section 18.4, and the
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18.3 statement.
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(Source: P.A. 102-825, eff. 7-1-23.)
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Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
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