HB1149 EngrossedLRB097 05996 RPM 46067 b

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.
16Citizenship and Immigration Services Immigration and
17Naturalization Service or of the U.S. Department of State to be
18considered essentially equivalent thereto), the State
19Registrar of Vital Records shall make and file a Record of
20Foreign Birth. The State Registrar of Vital Records may make
21and file a Record of Foreign Birth for a person born in a
22foreign country who has been granted an IR-3 or IH-3 visa by
23the U.S. Citizenship and Immigration Services Immigration and

 

 

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

 

 

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1government, or upon the order of a court of competent
2jurisdiction and upon payment of a fee of $5 by the applicant,
3the State Registrar of Vital Records shall issue to such
4applicant one certification or a certified copy of the
5specified Record of Foreign Birth.
6    Upon receipt of a certified copy of a court order of
7annulment of adoption or a court order vacating a judgment of
8adoption of an adopted person for whom a Record of Foreign
9Birth has been made and filed under the provisions of this
10Section the State Registrar of Vital Records shall nullify and
11void such Record of Foreign Birth by entering on its face the
12statement "This Record is declared null and void upon the basis
13of a court judgment annulling or vacating this adoption upon
14which this Record is based" and a notation identifying the
15court judgment.
16    The provisions of this Section shall also be applicable to,
17and shall inure to the benefit of all persons for whom a
18judgment of adoption has been entered in a court in this State
19prior to August 26, 1963. In such cases the applicant shall
20furnish the State Registrar of Vital Records with a certified
21copy of the adoption judgment together with affidavits as to
22the personal particulars of the foster parents in lieu of the
23certificate of adoption specified in Section 16 of this Act. In
24every case wherein the State Registrar of Vital Records has
25previously been furnished with a certificate of adoption
26involving a foreign born child adopted in Illinois, a certified

 

 

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1copy of the adoption judgment and affidavits of personal
2particulars are not necessary, but the State Registrar of Vital
3Records shall make and file a Record of Foreign Birth in the
4same manner and fashion as if the certificate of adoption has
5been furnished him after August 26, 1963.
6(Source: P.A. 93-645, eff. 12-31-03.)
 
7    Section 10. The Adoption Act is amended by changing Section
818.05 as follows:
 
9    (750 ILCS 50/18.05)
10    Sec. 18.05. The Illinois Adoption Registry and Medical
11Information Exchange.
12    (a) General function. Subject to appropriation, the
13Department of Public Health shall administer the Illinois
14Adoption Registry and Medical Information Exchange in the
15manner outlined in subsections (b) and (c) for the purpose of
16facilitating the voluntary exchange of identifying and medical
17information between mutually consenting members of birth and
18adoptive families. The Department shall establish rules for the
19confidential operation of the Illinois Adoption Registry. The
20Department shall appoint an OBC-Access Public Information
21Campaign Oversight Committee comprised of, but not limited to,
22representatives of the Department of Public Health and the
23Department of Children and Family Services, as well as
24representatives of the organizations that serve, as of the

 

 

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1effective date of this amendatory Act of the 96th General
2Assembly, on the Illinois Adoption Registry Advisory Council or
3the Confidential Intermediary Advisory Council. On and after
4the effective date of this amendatory Act of the 96th General
5Assembly, the OBC-Access Public Information Campaign Oversight
6Committee shall develop and ensure the timely implementation of
7a year-long, nationwide campaign to be conducted from November
81, 2010, through October 31, 2011, for the express purpose of
9informing the public in earnest about the conditions under
10which an adult adopted or surrendered person may receive a
11non-certified copy of his or her original birth certificate,
12and the procedures pursuant to which a birth parent may file a
13Birth Parent Preference Form to express his or her wishes with
14respect to contact with a surrendered son or daughter and the
15release of identifying information that appears on the original
16birth certificate. This year-long informational campaign shall
17include, but not be limited to:
18        (1) Public service announcements to be distributed to
19    local and national radio and television stations.
20        (2) Notices to be distributed throughout Illinois to
21    physicians' offices, religious institutions, social
22    welfare organizations, retirement homes, and other
23    entities capable of reaching individuals who may be
24    impacted by this change in the law.
25        (3) An informational website exclusively devoted to
26    providing the general public with information about the new

 

 

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1    law as well as other forms of free electronic media.
2        (4) Press releases to be distributed to local and
3    national radio and television stations, as well as to
4    relevant websites.
5        (5) Announcements about the new law to be posted on the
6    websites of all adoption agencies licensed in the State.
7        (6) Notices accompanying every vehicle registration
8    renewal application issued by the Secretary of State's
9    office between October 31, 2010, and November 1, 2011.
10        (7) Notices enclosed with driver's license renewal
11    applications issued by the Secretary of State's office
12    beginning 30 days after the effective date of this
13    amendatory Act of the 96th General Assembly and through
14    November 30, 2014.
15    The Illinois Adoption Registry shall also maintain an
16informational Internet site where interested parties may
17access information about the Illinois Adoption Registry and
18Medical Information Exchange and download all necessary
19application forms. The Illinois Adoption Registry shall
20maintain statistical records regarding Registry participation
21and publish and circulate to the public informational material
22about the function and operation of the Registry.
23    (b) Establishment of the Adoption/Surrender Records File.
24When a person has voluntarily registered with the Illinois
25Adoption Registry and completed an Illinois Adoption Registry
26Application or a Registration Identification Form, the

 

 

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1Registry shall establish a new Adoption/Surrender Records
2File. Such file may concern an adoption that was finalized by a
3court action in the State of Illinois, an adoption of a person
4born in Illinois finalized by a court action in a state other
5than Illinois or in a foreign country, a surrender taken in the
6State of Illinois, or an adoption filed according to Section
716.1 of the Vital Records Act under a Record of Foreign Birth
8that was not finalized by a court action in the State of
9Illinois. Such file may be established for adoptions or
10surrenders finalized prior to as well as after the effective
11date of this amendatory Act. A file may be created in any
12manner to preserve documents including but not limited to
13microfilm, optical imaging, or electronic documents.
14    (c) Contents of the Adoption/Surrender Records File. An
15established Adoption/Surrender Records File shall be limited
16to the following items, to the extent that they are available:
17        (1) The General Information Section and Medical
18    Information Exchange Questionnaire of any Illinois
19    Adoption Registry Application or a Registration
20    Identification Form which has been voluntarily completed
21    by any registered party.
22        (2) Any photographs voluntarily provided by any
23    registrant for any other registered party at the time of
24    registration or any time thereafter. All such photographs
25    shall be submitted in an unsealed envelope no larger than 8
26    1/2" x 11", and shall not include identifying information

 

 

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1    pertaining to any person other than the registrant who
2    submitted them. Any such identifying information shall be
3    redacted by the Department or the information shall be
4    returned for removal of identifying information.
5        (3) Any Information Exchange Authorization, Denial of
6    Information Exchange, or Birth Parent Preference Form
7    which has been filed by a registrant.
8        (4) For all adoptions finalized after January 1, 2000,
9    copies of the original certificate of live birth and the
10    certificate of adoption.
11        (5) Any updated address submitted by any registered
12    party about himself or herself.
13        (6) Any proof of death that has been submitted by a
14    registrant.
15        (7) Any birth certificate that has been submitted by a
16    registrant.
17        (8) Any marriage certificate that has been submitted by
18    a registrant.
19        (9) Any proof of guardianship that has been submitted
20    by a registrant.
21        (10) Any Request for a Non-Certified Copy of an
22    Original Birth Certificate that has been filed with the
23    Registry by an adult adopted or surrendered person or by a
24    surviving adult child or surviving spouse of a deceased
25    adopted or surrendered person who has registered with the
26    Registry.

 

 

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1    (d) An established Adoption/Surrender Records File for an
2adoption filed in Illinois under a Record of Foreign Birth that
3was not finalized in a court action in the State of Illinois
4shall be limited to the following items submitted to the State
5Registrar of Vital Records under Section 16.1 of the Vital
6Records Act, to the extent that they are available:
7        (1) Evidence as to the child's birth date and
8    birthplace (including the country of birth and, if
9    available, the city and province of birth) provided by the
10    original birth certificate, or by a certified copy,
11    extract, or translation thereof or by other document
12    essentially equivalent thereto (the records of the U.S.
13    Citizenship and Immigration Services or of the U.S.
14    Department of State to be considered essentially
15    equivalent thereto).
16        (2) A certified copy, extract, or translation of the
17    adoption decree or other document essentially equivalent
18    thereto (the records of the U.S. Citizenship and
19    Immigration Services or of the U.S. Department of State to
20    be considered essentially equivalent thereto).
21        (3) A copy of the IR-3 or IH-3 visa.
22        (4) The name and address of the adoption agency that
23    handled the adoption.
24(Source: P.A. 95-331, eff. 8-21-07; 96-895, eff. 5-21-10.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.