Public Act 93-0189

HB2504 Enrolled                      LRB093 07707 LCB 07895 b

    AN ACT concerning confidential intermediaries.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Adoption  Act  is  amended  by changing
Sections 18.2, 18.3a, and 18.4 as follows:

    (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
    Sec. 18.2. Forms.
    (a)  The  form   of   the   Birth   Parent   Registration
Identification Form shall be substantially as follows:
          BIRTH PARENT REGISTRATION IDENTIFICATION
               (Insert all known information)
I,  .....,  state  that I am the ...... (mother or father) of
the following child:
    Child's original name: ..... (first) ..... (middle) .....
         (last),  .....  (hour  of  birth),  .....  (date  of
         birth), ..... (city and state of birth), ..... (name
         of hospital).
    Father's full name: ...... (first) ...... (middle)  .....
         (last), ..... (date of birth), ..... (city and state
         of birth).
    Name  of  mother  inserted  on  birth  certificate: .....
         (first) ..... (middle) ..... (last),  .....  (race),
         .....  (date  of  birth),  ...... (city and state of
         birth).
That I  surrendered  my  child  to:  .............  (name  of
    agency),   .....   (city  and  state  of  agency),  .....
    (approximate date child surrendered).
That I placed my child by  private  adoption:  .....  (date),
    ...... (city and state).
Name of adoptive parents, if known: ......
Other identifying information: .....
                                     ........................
                                        (Signature of parent)
............                         ........................
(date)                               (printed name of parent)

    (b)  The   form   of   the  Adopted  Person  Registration
Identification shall be substantially as follows:
                       ADOPTED PERSON
                 REGISTRATION IDENTIFICATION
               (Insert all known information)
I, ....., state the following:
    Adopted  Person's  present  name:  .....  (first)   .....
         (middle) ..... (last).
    Adopted  Person's name at birth (if known): ..... (first)
         ..... (middle) .....  (last),  .....  (birth  date),
         ..... (city and state of birth), ...... (sex), .....
         (race).
    Name  of  adoptive  father:  ..... (first) ..... (middle)
         ..... (last), ..... (race).
    Maiden name  of  adoptive  mother:  .....  (first)  .....
         (middle) ..... (last), ..... (race).
    Name  of  birth  mother  (if  known): ..... (first) .....
         (middle) ..... (last), ..... (race).
    Name of birth father  (if  known):  .....  (first)  .....
         (middle) ..... (last), ..... (race).
    Name(s)  at  birth  of  sibling(s)  having a common birth
         parent with adoptee (if known): ..... (first)  .....
         (middle)  .....  (last),  .....  (race), and name of
         common birth parent: .....  (first)  .....  (middle)
         ..... (last), ..... (race).
I was adopted through: ..... (name of agency).
I was adopted privately: ..... (state "yes" if known).
I  was  adopted in ..... (city and state), ..... (approximate
    date).
Other identifying information: .............
                                       ......................
                                       (signature of adoptee)
...........                         .........................
(date)                              (printed name of adoptee)

    (c)  The form  of  the  Surrendered  Person  Registration
Identification shall be substantially as follows:
               SURRENDERED PERSON REGISTRATION
                       IDENTIFICATION
               (Insert all known information)
I, ....., state the following:
    Surrendered  Person's  present  name: ..... (first) .....
         (middle) ..... (last).
    Surrendered Person's name  at  birth  (if  known):  .....
         (first)  .....  (middle)  .....  (last), .....(birth
         date), .....  (city  and  state  of  birth),  ......
         (sex), ..... (race).
    Name  of  guardian  father:  ..... (first) ..... (middle)
         ..... (last), ..... (race).
    Maiden name  of  guardian  mother:  .....  (first)  .....
         (middle) ..... (last), ..... (race).
    Name  of  birth  mother  (if  known): ..... (first) .....
         (middle) ..... (last) ..... (race).
    Name of birth father  (if  known):  .....  (first)  .....
         (middle) ..... (last), .....(race).
    Name(s)  at  birth  of  sibling(s)  having a common birth
         parent with surrendered  person  (if  known):  .....
         (first)  .....  (middle) ..... (last), ..... (race),
         and name of common birth parent: ..... (first) .....
         (middle) ..... (last), ..... (race).
I was surrendered for adoption to: ..... (name of agency).
I was surrendered for adoption in  .....  (city  and  state),
    ..... (approximate date).
Other identifying information: ............
                             ................................
                            (signature of surrendered person)
............                           ......................
(date)                                (printed name of person
                                    surrendered for adoption)

    (d)  The  form  of the Information Exchange Authorization
shall be substantially as follows:
             INFORMATION EXCHANGE AUTHORIZATION
    I, ....., state that I am the person  who  completed  the
Registration  Identification;  that  I am of the age of .....
years; that I  hereby  authorize  the  Department  of  Public
Health   to   give  to  my  (birth  parent)  (birth  sibling)
(surrendered  child)  the   following   (please   check   the
information authorized for exchange):
         [  ]  1.  Only my name and last known address.
         [  ]  2.  A  copy  of  my Illinois Adoption Registry
    Application.
         [  ]  3.  A copy of the original certificate of live
    birth.
    I am fully aware that I can only  be  supplied  with  any
information   about   my   (birth   parent)  (birth  sibling)
(surrendered child) if  such  person  has  duly  executed  an
Information Exchange Authorization for such information which
has  not been revoked; that I can be contacted by writing to:
..... (own name or  name  of  person  to  contact)  (address)
(phone number).
    Dated (insert date).
............                                   ..............
(witness)                                         (signature)

    (e)  The form of the Denial of Information Exchange shall
be substantially as follows:
               DENIAL OF INFORMATION EXCHANGE
    I,  .....,  state  that I am the person who completed the
Registration Identification; that I am of the  age  of  .....
years; that I hereby instruct the Department of Public Health
not to give any identifying information about me to my (birth
parent)  (birth  sibling)  (surrendered child); that I do not
wish to be contacted.
    Dated (insert date).
.............                                 ...............
(witness)                                         (signature)

    (f)  The  Information  Exchange  Authorization  and   the
Denial  of  Information Exchange shall be acknowledged by the
birth parent, birth sibling, adopted or  surrendered  person,
adoptive parent, or legal guardian before a notary public, in
form substantially as follows:
State of ..............
County of .............
    I,  a  Notary  Public, in and for the said County, in the
State  aforesaid,  do  hereby  certify  that  ...............
personally known to me to be the same person  whose  name  is
subscribed  to  the foregoing certificate of acknowledgement,
appeared before me in person and  acknowledged  that  (he  or
she)  signed  such  certificate  as  (his  or  her)  free and
voluntary act and that the statements in such certificate are
true.
    Given under my hand and notarial seal on (insert date).
                                    .........................
                                             (signature)

    (g)  When  the  execution  of  an  Information   Exchange
Authorization   or   a  Denial  of  Information  Exchange  is
acknowledged before  a  representative  of  an  agency,  such
representative  shall  have his signature on said Certificate
acknowledged before a notary public, in form substantially as
follows:
State of..........
County of.........
    I, a Notary Public, in and for the said  County,  in  the
State  aforesaid,  do  hereby  certify  that ..... personally
known to me to be the same person whose name is subscribed to
the foregoing certificate of acknowledgement, appeared before
me in person and acknowledged that (he or  she)  signed  such
certificate  as  (his or her) free and voluntary act and that
the statements in such certificate are true.
    Given under my hand and notarial seal on (insert date).
                                      .......................
                                               (signature)

    (h)  When  an  Illinois  Adoption  Registry  Application,
Information Exchange Authorization or a Denial of Information
Exchange is executed in a foreign country, the  execution  of
such  document  shall  be  acknowledged or affirmed before an
officer of the United States consular services.
    (i)  If  the  person  signing  an  Information   Exchange
Authorization  or  a Denial of Information is in the military
service of the United States, the execution of such  document
may  be  acknowledged  before  a commissioned officer and the
signature of  such  officer  on  such  certificate  shall  be
verified  or  acknowledged  before a notary public or by such
other procedure as is then in effect  for  such  division  or
branch of the armed forces.
    (j)  The Department shall modify these forms as necessary
to  implement  the  provisions of this amendatory Act of 1999
including  creating  Registration  Identification  Forms  for
non-surrendered birth siblings, adoptive  parents  and  legal
guardians.
(Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

    (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
    Sec.   18.3a.  Confidential  intermediary.   (a)  General
purposes. Notwithstanding any other provision  of  this  Act,
any  adopted  person  21  years  of age or over, any adoptive
parent or legal guardian of an adopted person under  the  age
of  21,  or  any  birth parent of an adopted person who is 21
years of age or over may petition the court in any county  in
the  State  of  Illinois  for  appointment  of a confidential
intermediary as provided in this Section for the  purpose  of
exchanging  medical  information  with  one  or more mutually
consenting  biological   relatives,   obtaining   identifying
information  about one or more mutually consenting biological
relatives, or arranging contact with  one  or  more  mutually
consenting biological relatives. Additionally, in cases where
an  adopted or surrendered person is deceased, an adult child
of the adopted or surrendered  person  may  file  a  petition
under  this  Section  and  in cases where the birth parent is
deceased,  an adult birth sibling of the adopted person or of
the deceased birth parent may  file  a  petition  under  this
Section  for  the  purpose  of exchanging medical information
with one or more mutually  consenting  biological  relatives,
obtaining  identifying information about one or more mutually
consenting biological relatives, or  arranging  contact  with
one or more mutually consenting biological relatives.
    (b)  Petition.  Upon  petition  by  an  adopted person 21
years of age or over, an adoptive parent or legal guardian of
an adopted person under the age of 21, or a birth  parent  of
an  adopted  person who is 21 years of age or over, the court
shall appoint a confidential intermediary.  Upon petition  by
an  adult child of an adopted person who is deceased or by an
adult birth sibling of an adopted person whose  birth  parent
is  deceased  or by an adult sibling of a birth parent who is
deceased, the court may appoint a  confidential  intermediary
if  the court finds that the disclosure is of greater benefit
than nondisclosure. The petition shall state which biological
relative or relatives are being sought and shall indicate  if
the  petitioner wants to do any one or more of the following:
exchange medical information with the biological relative  or
relatives, obtain identifying information from the biological
relative  or  relatives,  or  to  arrange  contact  with  the
biological relative.
    (c)  Order.  The   order   appointing   the  confidential
intermediary shall  allow  that  intermediary  to  conduct  a
search  for  the  sought-after  relative  by  accessing those
records described in subsection (g) of this Section.
    (d)  Fees and expenses. The  court  shall  condition  the
appointment   of   the   confidential   intermediary  on  the
petitioner's payment of the intermediary's fees and  expenses
in   advance   of   the  commencement  of  the  work  of  the
confidential intermediary.
    (e)  Eligibility of intermediary. The court  may  appoint
as  confidential  intermediary  either  an  employee  of  the
Illinois   Department   of   Children   and  Family  Services
designated by the Department to  serve  as  such,  any  other
person certified by the Department as qualified to serve as a
confidential  intermediary,  or  any  employee  of a licensed
child welfare agency certified by the agency as qualified  to
serve as a confidential intermediary.  Certification shall be
dependent  upon  the  confidential  intermediary completing a
course of training including, but not limited to,  applicable
federal and State privacy laws.
    (f)  Confidential  Intermediary  Council.  There shall be
established under  the  Department  of  Children  and  Family
Services  a  Confidential Intermediary Advisory Council.  One
member  shall  be  an  attorney  representing  the   Attorney
General's  Office  appointed  by  the  Attorney General.  One
member  shall   be   a   currently   certified   confidential
intermediary  appointed  by the Director of the Department of
Children and  Family  Services.    The  Director  shall  also
appoint    5   additional   members.    When   making   those
appointments,  the  Director  shall  consider  advocates  for
adopted persons, adoptive parents, birth parents, lawyers who
represent clients in private adoptions, lawyers  specializing
in  privacy  law, and representatives of agencies involved in
adoptions.  The Director shall appoint one of the  7  members
as  the  chairperson.   An  attorney  from  the Department of
Children  and  Family  Services  and  the   person   directly
responsible  for  administering the confidential intermediary
program shall serve as ex-officio, non-voting advisors to the
Council.  Council members shall serve at  the  discretion  of
the  Director  and  shall  receive no compensation other than
reasonable expenses approved by the  Director.   The  Council
shall  meet  no  less  than  twice  yearly,  and  shall  make
recommendations  to the Director regarding the development of
rules, procedures, and forms that will ensure  efficient  and
effective operation of the confidential intermediary process,
including:
         (1)  Standards  for  certification  for confidential
    intermediaries.
         (2)  Oversight  of  methods  used  to  verify   that
    intermediaries are complying with the appropriate laws.
         (3)  Training   for   confidential   intermediaries,
    including  training  with  respect  to  federal and State
    privacy laws.
         (4)  The    relationship    between     confidential
    intermediaries   and  the  court  system,  including  the
    development of sample orders defining the  scope  of  the
    intermediaries' access to information.
         (5)  Any  recent  violations of policy or procedures
    by  confidential  intermediaries  and   remedial   steps,
    including decertification, to prevent future violations.
    (g)  Access.  Subject  to  the  limitations of subsection
(i) of this Section, the confidential intermediary shall have
access to vital  records  maintained  by  the  Department  of
Public  Health and its local designees for the maintenance of
vital records and all records of the court  or  any  adoption
agency,  public  or  private, which relate to the adoption or
the identity and location of an adopted person, of  an  adult
child  of  a  deceased  adopted person, or of a birth parent,
birth sibling, or the sibling of  a  deceased  birth  parent.
The  confidential  intermediary  shall not have access to any
personal health information protected by  the  Standards  for
Privacy   of  Individually  Identifiable  Health  Information
adopted by the U.S. Department of Health and  Human  Services
under the Health Insurance Portability and Accountability Act
of  1996  unless  the  confidential intermediary has obtained
written consent from the person whose  information  is  being
sought  or,  if  that  person is a minor child, that person's
parent or guardian.   Confidential  intermediaries  shall  be
authorized   to   inspect   confidential  relinquishment  and
adoption records.  The confidential intermediary shall not be
authorized to  access  medical  records,  financial  records,
credit  records, banking records, home studies, attorney file
records, or other personal records. In cases  where  a  birth
parent  is  being sought, an adoption agency shall inform the
confidential intermediary of any statement filed pursuant  to
Section  18.3  indicating  a desire of the surrendering birth
parent to have identifying information shared or to not  have
identifying   information  shared.   If  there  was  a  clear
statement of intent by the sought-after birth parent  not  to
have   identifying   information   shared,  the  confidential
intermediary shall discontinue  the  search  and  inform  the
petitioning  party  of  the  sought-after  relative's intent.
Additional   information   provided   to   the   confidential
intermediary by an adoption agency shall be restricted to the
full name, date of birth, place of birth, last known address,
and last known telephone number of the sought-after  relative
or,  if  applicable,  of  the  children  or  siblings  of the
sought-after relative.
    (h)  Adoption    agency     disclosure     of     medical
information.  If the petitioner is an adult adopted person or
the  adoptive  parent  of  a  minor and if the petitioner has
signed a written authorization to disclose  personal  medical
information,  an  adoption agency disclosing information to a
confidential intermediary shall  disclose  available  medical
information  about  the  adopted  person  from  birth through
adoption.
    (i)  Duties of confidential intermediary in conducting  a
search.  In  conducting  a  search  under  this  Section, the
confidential intermediary shall first confirm that  there  is
no  Denial  of Information Exchange on file with the Illinois
Adoption Registry. If the petitioner is an adult child of  an
adopted person who is deceased, the confidential intermediary
shall  additionally  confirm  that the adopted person did not
file a Denial  of  Information  Exchange  with  the  Illinois
Adoption  Registry  during his or her life. If the petitioner
is an adult birth sibling of an adopted person  or  an  adult
sibling  of  a birth parent who is deceased, the confidential
intermediary shall additionally confirm that the birth parent
did not file  a  Denial  of  Information  Exchange  with  the
Registry  during  his  or  her  life.   If  the  confidential
intermediary learns that a sought-after birth parent signed a
statement   indicating   his   or  her  intent  not  to  have
identifying information shared, and did  not  later  file  an
Information   Exchange   Authorization   with   the  Adoption
Registry, the confidential intermediary shall discontinue the
search and inform the petitioning party of the birth parent's
intent.
    In  conducting  a  search   under   this   Section,   the
confidential   intermediary   shall  attempt  to  locate  the
relative or relatives from whom the petitioner has  requested
information.  If  the  sought-after  relative  is deceased or
cannot be located after a diligent search,  the  confidential
intermediary  may  contact  adult biological relatives of the
sought-after relative.
    The   confidential   intermediary   shall    contact    a
sought-after relative on behalf of the petitioner in a manner
that  respects  the sought-after relative's privacy and shall
inform the sought-after relative of the petitioner's  request
for  medical  information, identifying information or contact
as stated in the  petition.  Based  upon  the  terms  of  the
petitioner's  request,  the  confidential  intermediary shall
contact a sought-after relative on behalf of  the  petitioner
and   inform  the  sought-after  relative  of  the  following
options:
    (1)  The sought-after relative may totally reject one  or
all  of  the  requests  for  medical information, identifying
information or contact. The sought-after  relative  shall  be
informed  that they can provide a medical questionnaire to be
forwarded to the petitioner without releasing any identifying
information. The confidential intermediary shall  inform  the
petitioner  of the sought-after relative's decision to reject
the sharing of information or contact.
    (2)  The sought-after relative may consent to  completing
a  medical questionnaire only. In this case, the confidential
intermediary shall provide  the  questionnaire  and  ask  the
sought-after   relative  to  complete  it.  The  confidential
intermediary shall forward the completed questionnaire to the
petitioner and inform  the  petitioner  of  the  sought-after
relative's desire to not provide any additional information.
    (3)  The  sought-after  relative may communicate with the
petitioner without having his or her identity  disclosed.  In
this  case,  the  confidential intermediary shall arrange the
desired communication in a manner that protects the  identity
of  the  sought-after relative. The confidential intermediary
shall inform the petitioner of  the  sought-after  relative's
decision to communicate but not disclose his or her identity.
    (4)  The  sought  after  relative may consent to initiate
contact with the petitioner. If both the petitioner  and  the
sought-after  relative  or relatives are eligible to register
with  the  Illinois  Adoption  Registry,   the   confidential
intermediary  shall  provide  the necessary application forms
and request that the sought-after relative register with  the
Illinois  Adoption  Registry. If either the petitioner or the
sought-after relative or relatives are ineligible to register
with  the  Illinois  Adoption  Registry,   the   confidential
intermediary  shall obtain written consents from both parties
that they wish to disclose their identities to each other and
to have contact with each other.
    (j)  Oath. The confidential intermediary  shall  sign  an
oath   of   confidentiality  substantially  as  follows:  "I,
.........., being duly sworn, on oath depose and  say:  As  a
condition  of  appointment  as a confidential intermediary, I
affirm that:
         (1)  I will not disclose to the petitioner, directly
    or indirectly, any confidential information except  in  a
    manner consistent with the law.
         (2)  I   recognize   that  violation  of  this  oath
    subjects me to civil liability and to a potential finding
    of contempt of court. ................................
SUBSCRIBED AND SWORN  to  before  me,  a  Notary  Public,  on
(insert date)
................................."
    (k)  Sanctions.
         (1)  Any  confidential  intermediary  who improperly
    discloses   confidential   information   identifying    a
    sought-after relative shall be liable to the sought-after
    relative for damages and may also be found in contempt of
    court.
         (2)  Any person who learns a sought-after relative's
    identity,  directly  or  indirectly,  through  the use of
    procedures provided in this Section  and  who  improperly
    discloses   information   identifying   the  sought-after
    relative shall be liable to the sought-after relative for
    actual damages plus minimum punitive damages of $10,000.
         (3)  The  Department  shall  fine  any  confidential
    intermediary  who   improperly   discloses   confidential
    information  in  violation  of  item  (1)  or (2) of this
    subsection (k)  an  amount  up  to  $2,000  per  improper
    disclosure.   This  fine  does not affect civil liability
    under item (2) of this subsection  (k).   The  Department
    shall  deposit  all  fines  and penalties collected under
    this Section into  the  Illinois  Adoption  Registry  and
    Medical Information Fund.
    (l)  Death  of  person  being sought. Notwithstanding any
other provision of this Act, if the confidential intermediary
discovers that the person being sought has died,  he  or  she
shall report this fact to the court, along with a copy of the
death certificate.
    (m)  Any   confidential   information   obtained  by  the
confidential intermediary during the course  of  his  or  her
search  shall be kept strictly confidential and shall be used
for the purpose of arranging contact between  the  petitioner
and  the sought-after birth relative. At the time the case is
closed, all identifying information shall be returned to  the
court for inclusion in the impounded adoption file.
    (n)  If  the  petitioner is an adopted person 21 years of
age or over or the adoptive parent or legal  guardian  of  an
adopted  person  under  the  age  of  21, any non-identifying
information, as defined in Section 18.4, that is  ascertained
during  the  course  of the search may be given in writing to
the petitioner before the case is closed.
    (o)  Except  as  provided  in  subsection  (k)  of   this
Section,  no  liability  shall accrue to the State, any State
agency, any judge, any officer or employee of the court,  any
certified confidential intermediary, or any agency designated
to  oversee  confidential  intermediary  services  for  acts,
omissions,  or efforts made in good faith within the scope of
this Section.
    (a)  General   purposes.    Notwithstanding   any   other
provision of this Act, any adopted person over the age of  21
or any adoptive parent or legal guardian of an adopted person
under the age of 21 may petition the court for appointment of
a  confidential  intermediary as provided in this Section for
the purpose of obtaining from one or both birth parents or  a
sibling   or  siblings  of  the  adopted  person  information
concerning   the   background   of   a    psychological    or
genetically-based medical problem experienced or which may be
expected  to  be  experienced  in  the  future by the adopted
person or obtaining assistance in treating such a problem.
    (b)  Petition.  The court shall  appoint  a  confidential
intermediary  for the purposes described in subsection (f) if
the petitioner shows the following:
         (1)  the adopted  person  is  suffering  or  may  be
    expected  to suffer in the future from a life-threatening
    or substantially incapacitating physical illness  of  any
    nature,   or   a   psychological   disturbance  which  is
    substantially incapacitating but not life-threatening, or
    a mental illness which, in the  opinion  of  a  physician
    licensed  to practice medicine in all its branches, is or
    could be genetically based to a significant degree;
         (2)  the treatment of the  adopted  person,  in  the
    opinion  of  a physician licensed to practice medicine in
    all of its branches,  would  be  materially  assisted  by
    information  obtainable  from  the birth parents or might
    benefit from the provision  of  organs  or  other  bodily
    tissues,  materials,  or  fluids  by the birth parents or
    other close biological relatives; and
         (3)  there  is  neither  an   Information   Exchange
    Authorization  nor a Denial of Information Exchange filed
    in the Registry as provided in Section 18.1.
    The affidavit or  testimony  of  the  treating  physician
shall  be  conclusive  on the issue of the utility of contact
with the birth  parents  unless  the  court  finds  that  the
relationship  between  the  illness  to  be  treated  and the
alleged need for contact is totally without foundation.
    (c)  Fees and expenses.  The court  shall  condition  the
appointment  of  the confidential intermediary on the payment
of the intermediary's fees and expenses  in  advance,  unless
the  intermediary waives the right to full advance payment or
to any reimbursement at all.
    (d)  Eligibility of intermediary.  The court may  appoint
as  confidential  intermediary  either  an  employee  of  the
Illinois   Department   of   Children   and  Family  Services
designated by the Department to  serve  as  such,  any  other
person certified by the Department as qualified to serve as a
confidential  intermediary,  or  any  employee  of a licensed
child welfare agency certified by the agency as qualified  to
serve as a confidential intermediary.
    (e)  Access.  Notwithstanding any other provision of law,
the  confidential  intermediary  shall  have  access  to  all
records  of the court or any agency, public or private, which
relate to the adoption or the identity and  location  of  any
birth parent.
    (f)  Purposes  of contact.  The confidential intermediary
has only the following powers and duties:
         (1)  To contact one or both  birth  parents,  inform
    the parent or parents of the basic medical problem of the
    adopted  person  and  the  nature  of  the information or
    assistance sought from the birth parent, and  inform  the
    parent or parents of the following options:
              (A)  The  birth  parent  may totally reject the
         request for assistance or information, or both,  and
         no  disclosure of identity or location shall be made
         to the petitioner.
              (B)  The birth parent may file  an  Information
         Exchange  Authorization as provided in Section 18.1.
         The confidential intermediary shall explain  to  the
         birth  parent  the  consequences  of  such a filing,
         including that the birth parent's identity  will  be
         available  for  discovery  by the adopted person. If
         the  birth  parent  agrees  to  this   option,   the
         confidential  intermediary  shall  supply the parent
         with the appropriate forms, shall be responsible for
         their immediate filing with the Registry, and  shall
         inform the petitioner of their filing.
              (C)  If  the birth parent wishes to provide the
         information or assistance sought but does  not  wish
         his  or  her  identity  disclosed,  the confidential
         intermediary shall arrange for the disclosure of the
         information or the provision  of  assistance  in  as
         confidential  a  manner as possible so as to protect
         the privacy of the birth  parent  and  minimize  the
         likelihood  of  disclosure  of  the  birth  parent's
         identity.
         (2)  If  a birth parent so desires, to arrange for a
    confidential communication with the treating physician to
    discuss  the  need  for  the  requested  information   or
    assistance.
         (3)  If   a  birth  parent  agrees  to  provide  the
    information or assistance sought but wishes  to  maintain
    his  or  her privacy, to arrange for the provision of the
    information  or  assistance  to  the  physician   in   as
    confidential  a  manner  as possible so as to protect the
    privacy of the birth parent and minimize  the  likelihood
    of disclosure of the birth parent's identity.
    (g)  Oath.   The  confidential intermediary shall sign an
oath of confidentiality substantially as follows:
         "I, .........., being duly sworn, on oath depose and
    say:  As a condition of  appointment  as  a  confidential
    intermediary, I affirm that:
         (1)  I will not disclose to the petitioner, directly
    or  indirectly,  any  information  about  the identity or
    location of the birth parent whose  assistance  is  being
    sought  for medical reasons except in a manner consistent
    with the law.
         (2)  I  recognize  that  violation  of   this   oath
    subjects  me  to  civil  liability  and to being found in
    contempt of court.
                             ................................

         SUBSCRIBED AND SWORN to before me, a Notary  Public,
    on (insert date).
                            ................................"
    (h)  Sanctions.
         (1)  Any  confidential  intermediary  who improperly
    discloses information identifying a birth parent shall be
    liable to the birth parent for damages and  may  also  be
    found in contempt of court.
         (2)  Any   person   who   learns  a  birth  parent's
    identity, directly or  indirectly,  through  the  use  of
    procedures  provided  in  this Section and who improperly
    discloses information identifying the birth parent  shall
    be  liable  to  the  birth parent for actual damages plus
    minimum punitive damages of $10,000.
    (i)  Death of birth  parent.  Notwithstanding  any  other
provision  of  this  Act,  if  the  confidential intermediary
discovers that the person  whose  assistance  is  sought  has
died,  he  or  she shall report this fact to the court, along
with a copy of the death certificate.
(Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

    (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
    Sec. 18.4.  (a) The agency, Department  of  Children  and
Family Services, Court Supportive Services, Juvenile Division
of  the  Circuit  Court,  or  the  Probation  Officers of the
Circuit Court involved in the adoption proceedings shall give
in writing  the  following  non-identifying  information,  if
known,  to  the  adoptive  parents not later than the date of
placement with the petitioning adoptive parents:  (i) age  of
biological  parents;  (ii)  their  race,  religion and ethnic
background; (iii) general physical appearance  of  biological
parents; (iv) their education, occupation, hobbies, interests
and  talents; (v) existence of any other children born to the
biological  parents;  (vi)   information   about   biological
grandparents;  reason  for emigrating into the United States,
if applicable, and  country  of  origin;  (vii)  relationship
between  biological  parents; and (viii) detailed medical and
mental health histories of the child, the biological parents,
and their immediate relatives; and (ix) the actual  date  and
place   of   birth   of  the  adopted  person.   However,  no
information provided under this subsection shall disclose the
name  or  last  known  address  of  the  biological  parents,
grandparents, the siblings of  the  biological  parents,  the
adopted person, or any other relative of the adopted person.
    (b)  Any  adoptee  18 years of age or over shall be given
the information in subsection (a) upon request.
    (c)  The Illinois Adoption  Registry  shall  release  any
non-identifying  information  listed  in  (a) of this Section
that appears on the certified  copy  of  the  original  birth
certificate  or  the  Certificate  of  Adoption to an adopted
person,  adoptive  parent,  or  legal  guardian  who   is   a
registrant of the Illinois Adoption Registry.
    (d)  The  Illinois  Adoption  Registry  shall release the
actual date and place of birth of an adopted person who is 21
years of age or over  to the birth parent if the birth parent
is a registrant of the Illinois  Adoption  Registry  and  has
completed a Medical Information Exchange Authorization.
    (e)  The   Illinois   Adoption   Registry  shall  release
information regarding the date the adoption was finalized and
the county in which the adoption was finalized to a certified
confidential intermediary upon submission of a court order.
    (f)  In  cases  where  the  Illinois  Adoption   Registry
possesses  information  indicating that an adopted person who
is 21 years of age or over was adopted in a state other  than
Illinois  or  a  country  other  than  the United States, the
Illinois Adoption Registry shall  release  the  name  of  the
state  or  country  where  the adoption was finalized and, if
available,  the  agency  involved  in  the  adoption   to   a
registrant  of  the  Illinois Adoption Registry, provided the
registrant is not the subject  of  a  Denial  of  Information
Exchange   and   the   registrant  has  completed  a  Medical
Information Exchange Authorization.
    (g) (c)  Any of the above available information  for  any
adoption  proceedings  completed before the effective date of
this Act shall be supplied to  the  adoptive  parents  or  an
adoptee 18 years of age or over upon request.
    (h)  (d)  The  agency,  Department of Children and Family
Services, Court Supportive Services, Juvenile Division of the
Circuit Court, the Probation Officers of  the  Circuit  Court
and  any  other  governmental  bodies having any of the above
information shall retain the file  until  the  adoptee  would
have reached the age of 99 years.
(Source: P.A. 87-617.)