Illinois General Assembly - Full Text of Public Act 094-0430
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Public Act 094-0430


 

Public Act 0430 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0430
 
SB1458 Enrolled LRB094 10659 LCB 41019 b

    AN ACT concerning adoption.
 
    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 Section
18.05 as follows:
 
    (750 ILCS 50/18.05)
    Sec. 18.05. The Illinois Adoption Registry and Medical
Information Exchange.
    (a) General function. Subject to appropriation, the
Department of Public Health shall redefine the function of the
Illinois Adoption Registry and create the Medical Information
Exchange in the manner outlined in subsections (b) and (c) for
the purpose of facilitating the voluntary exchange of medical
information between mutually consenting birth parents or birth
siblings and mutually consenting adoptive parents or legal
guardians of adopted or surrendered persons under the age of 21
or adopted or surrendered persons 21 years of age or over. The
Department shall establish rules for the confidential
operation of the Illinois Adoption Registry. Beginning January
1, 2000, the Department shall conduct a public information
campaign through public service announcements and other forms
of media coverage and, for a minimum of 4 years, through
notices enclosed with driver's license renewal applications,
shall inform adopted and surrendered persons born,
surrendered, or adopted in Illinois and their adoptive parents,
legal guardians, birth parents and birth siblings of the
Illinois Adoption Registry and Medical Information Exchange.
The Department shall notify all parties who registered with the
Illinois Adoption Registry prior to January 1, 2000 of the
provisions of this amendatory Act of 1999. The Illinois
Adoption Registry shall also maintain an informational
Internet site where interested parties may access information
about the Illinois Adoption Registry and Medical Information
Exchange and download all necessary application forms. The
Illinois Adoption Registry shall maintain statistical records
regarding Registry participation and publish and circulate to
the public informational material about the function and
operation of the Registry.
    (b) Establishment of the Adoption/Surrender Records File.
When a person has voluntarily registered with the Illinois
Adoption Registry and completed an Illinois Adoption Registry
Application or a Registration Identification Form, the
Registry shall establish a new Adoption/Surrender Records
File. Such file may concern an adoption that was finalized by a
court action in the State of Illinois, an adoption of a person
born in Illinois finalized by a court action in a state other
than Illinois or in a foreign country, or a surrender taken in
the State of Illinois, or an adoption filed according to
Section 16.1 of the Vital Records Act under a Record of Foreign
Birth that was not finalized by a court action in the State of
Illinois. Such file may be established for adoptions or
surrenders finalized prior to as well as after the effective
date of this amendatory Act of 1999. A file may be created in
any manner to preserve documents including but not limited to
microfilm, optical imaging, or electronic documents.
    (c) Contents of the Adoption/Surrender Records File. An
established Adoption/Surrender Records File shall be limited
to the following items, to the extent that they are available:
        (1) The General Information Section and Medical
    Information Exchange Questionnaire of any Illinois
    Adoption Registry Application or a Registration
    Identification Form which has been voluntarily completed
    by the adopted or surrendered person or his or her adoptive
    parents, legal guardians, birth parents, or birth
    siblings.
        (2) Any photographs voluntarily provided by any
    registrant for the adopted or surrendered person or his or
    her adoptive parents, legal guardians, birth parents, or
    birth siblings at the time of registration or any time
    thereafter. All such photographs shall be submitted in an
    unsealed envelope no larger than 8 1/2" x 11", and shall
    not include identifying information pertaining to any
    person other than the registrant who submitted them. Any
    such identifying information shall be redacted by the
    Department or the information shall be returned for removal
    of identifying information.
        (3) Any Information Exchange Authorization or Denial
    of Information Exchange which has been filed by a
    registrant.
        (4) For all adoptions finalized after January 1, 2000,
    copies of the original certificate of live birth and the
    certificate of adoption.
        (5) Any updated address submitted by any registered
    party about himself or herself.
        (6) Any proof of death which has been submitted by an
    adopted or surrendered person, adoptive parent, legal
    guardian, birth parent, or birth sibling.
    (d) An established Adoption/Surrender Records File for an
adoption filed in Illinois under a Record of Foreign Birth that
was not finalized in a court action in the State of Illinois
shall be limited to the following items submitted to the State
Registrar of Vital Records under Section 16.1 of the Vital
Records Act, to the extent that they are available:
        (1) Evidence as to the child's birth date and
    birthplace (including the country of birth and, if
    available, the city and province of birth) provided by the
    original birth certificate, or by a certified copy,
    extract, or translation thereof or by other document
    essentially equivalent thereto (the records of the U.S.
    Immigration and Naturalization Service or of the U.S.
    Department of State to be considered essentially
    equivalent thereto).
        (2) A certified copy, extract, or translation of the
    adoption decree or other document essentially equivalent
    thereto (the records of the U.S. Immigration and
    Naturalization Service or of the U.S. Department of State
    to be considered essentially equivalent thereto).
        (3) A copy of the IR-3 visa.
        (4) The name and address of the adoption agency that
    handled the adoption.
(Source: P.A. 91-417, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect July 1,
2005.

Effective Date: 8/2/2005