093_SB0180

 
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 1        AN ACT concerning records.

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

 4        Section  5.  The Vital Records Act is amended by changing
 5    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 an adoption decree or  a
 8    certificate of adoption transmitted to the State Registrar of
 9    Vital  Records,  pursuant  to the provisions of Section 16 of
10    this Act, that the child  was  born  outside  of  the  United
11    States or its Territories, then, upon submission to the State
12    Registrar  of  Vital  Records  of  evidence as to the child's
13    birth date and birthplace  provided  by  the  original  birth
14    certificate,  or by a certified copy, extract, or translation
15    thereof or by other document essentially  equivalent  thereto
16    (the  records  of  the U.  S.  Immigration and Naturalization
17    Service  or  of  the  U.   S.   Department  of  State  to  be
18    considered  essentially  equivalent   thereto),   the   State
19    Registrar  of  Vital  Records shall make and file a Record of
20    Foreign Birth.  If the documents  submitted  do  not  include
21    full  and  complete  information,  including  the name of the
22    agency that handled the adoption, for the completion  of  the
23    Record of Foreign Birth, the Record of Foreign Birth shall be
24    completed  only  upon  receipt  of  a  certified order of the
25    circuit  court   in   Illinois   providing   the   additional
26    information.    The Record of Foreign Birth shall include the
27    actual  place  and  date  of  birth,  the  child's  name  and
28    parentage as ordered in the  judgment  of  adoption  and  any
29    other necessary facts.
30        Upon  the  specific written request by the person to whom
31    the Record of Foreign Birth relates or by his  or  her  legal
 
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 1    representative,  or  by  an agency of local, state or federal
 2    government, or  upon  the  order  of  a  court  of  competent
 3    jurisdiction  and  upon  payment  of  a  fee  of  $5  by  the
 4    applicant,  the  State Registrar of Vital Records shall issue
 5    to such applicant one certification or a  certified  copy  of
 6    the specified Record of Foreign Birth.
 7        Upon  receipt  of  a  certified  copy of a court order of
 8    annulment of adoption or a court order vacating a judgment of
 9    adoption of an adopted person for whom a  Record  of  Foreign
10    Birth  has  been  made and filed under the provisions of this
11    Section the State Registrar of Vital  Records  shall  nullify
12    and void such Record of Foreign Birth by entering on its face
13    the statement "This Record is declared null and void upon the
14    basis of a court judgment annulling or vacating this adoption
15    upon  which  this Record is based" and a notation identifying
16    the court judgment.
17        The provisions of this Section shall also  be  applicable
18    to,  and shall inure to the benefit of all persons for whom a
19    judgment of adoption has been entered  in  a  court  in  this
20    State  prior to August 26, 1963.  In such cases the applicant
21    shall furnish the State Registrar of  Vital  Records  with  a
22    certified   copy  of  the  adoption  judgment  together  with
23    affidavits as to  the  personal  particulars  of  the  foster
24    parents  in  lieu of the certificate of adoption specified in
25    Section 16 of this Act.  In  every  case  wherein  the  State
26    Registrar of Vital Records has previously been furnished with
27    a  certificate  of  adoption  involving  a foreign born child
28    adopted  in  Illinois,  a  certified  copy  of  the  adoption
29    judgment and  affidavits  of  personal  particulars  are  not
30    necessary,  but  the  State  Registrar of Vital Records shall
31    make and file a Record of Foreign Birth in  the  same  manner
32    and  fashion  as  if  the  certificate  of  adoption has been
33    furnished him after August 26, 1963.
34    (Source: P.A. 83-345.)
 
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 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.