Public Act 093-0189
Public Act 93-0189 of the 93rd General Assembly
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.)
Effective Date: 01/01/04
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