97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1149

 

Introduced 02/07/11, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 535/16.1  from Ch. 111 1/2, par. 73-16.1

    Amends the Vital Records Act to provide that the State Registrar of Vital Records may make and file a Record of Foreign Birth for a person born in a foreign country who has been granted an IR-3 or IH-3 visa (now, IR-3 visa) by the U.S. Immigration and Naturalization Service under the Immigration and Nationality Act and who was adopted under the laws of a jurisdiction or country other than the United States by an adopting parent who is a resident of this State. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Vital Records Act is amended by changing
5Section 16.1 as follows:
 
6    (410 ILCS 535/16.1)  (from Ch. 111 1/2, par. 73-16.1)
7    Sec. 16.1. When it appears from a certificate of adoption
8transmitted to the State Registrar of Vital Records, pursuant
9to the provisions of Section 16 of this Act, that the child was
10born outside of the United States or its Territories, then,
11upon submission to the State Registrar of Vital Records of
12evidence as to the child's birth date and birthplace provided
13by the original birth certificate, or by a certified copy,
14extract, or translation thereof or by other document
15essentially equivalent thereto (the records of the U.S.
16Immigration and Naturalization Service or of the U.S.
17Department of State to be considered essentially equivalent
18thereto), the State Registrar of Vital Records shall make and
19file a Record of Foreign Birth. The State Registrar of Vital
20Records may make and file a Record of Foreign Birth for a
21person born in a foreign country who has been granted an IR-3
22or IH-3 visa by the U.S. Immigration and Naturalization Service
23under the Immigration and Nationality Act and who was adopted

 

 

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1under the laws of a jurisdiction or country other than the
2United States by an adopting parent who is a resident of this
3State upon the submission to the State Registrar of Vital
4Records of: (1) evidence as to the child's birth date and
5birthplace (including the country of birth and if available,
6the city and province of birth) provided by the original birth
7certificate, or by a certified copy, extract, or translation
8thereof or by other document essentially equivalent thereto
9(the records of the U.S. Immigration and Naturalization Service
10or of the U.S. Department of State to be considered essentially
11equivalent thereto); (2) a certified copy, extract, or
12translation of the adoption decree or by other document
13essentially equivalent thereto (the records of the U.S.
14Immigration and Naturalization Service or of the U.S.
15Department of State to be considered essentially equivalent
16thereto); (3) a copy of the IR-3 or IH-3 visa; and (4) the name
17and address of the adoption agency that handled the adoption.
18The Record of Foreign Birth shall include the actual place and
19date of birth, the child's name and parentage as ordered in the
20judgment of adoption and any other necessary facts.
21    Upon the specific written request by the person to whom the
22Record of Foreign Birth relates or by his or her legal
23representative, or by an agency of local, state or federal
24government, or upon the order of a court of competent
25jurisdiction and upon payment of a fee of $5 by the applicant,
26the State Registrar of Vital Records shall issue to such

 

 

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1applicant one certification or a certified copy of the
2specified Record of Foreign Birth.
3    Upon receipt of a certified copy of a court order of
4annulment of adoption or a court order vacating a judgment of
5adoption of an adopted person for whom a Record of Foreign
6Birth has been made and filed under the provisions of this
7Section the State Registrar of Vital Records shall nullify and
8void such Record of Foreign Birth by entering on its face the
9statement "This Record is declared null and void upon the basis
10of a court judgment annulling or vacating this adoption upon
11which this Record is based" and a notation identifying the
12court judgment.
13    The provisions of this Section shall also be applicable to,
14and shall inure to the benefit of all persons for whom a
15judgment of adoption has been entered in a court in this State
16prior to August 26, 1963. In such cases the applicant shall
17furnish the State Registrar of Vital Records with a certified
18copy of the adoption judgment together with affidavits as to
19the personal particulars of the foster parents in lieu of the
20certificate of adoption specified in Section 16 of this Act. In
21every case wherein the State Registrar of Vital Records has
22previously been furnished with a certificate of adoption
23involving a foreign born child adopted in Illinois, a certified
24copy of the adoption judgment and affidavits of personal
25particulars are not necessary, but the State Registrar of Vital
26Records shall make and file a Record of Foreign Birth in the

 

 

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1same manner and fashion as if the certificate of adoption has
2been furnished him after August 26, 1963.
3(Source: P.A. 93-645, eff. 12-31-03.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.