Illinois General Assembly - Full Text of SB0180
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Full Text of SB0180  93rd General Assembly

SB0180eng 93rd General Assembly


093_SB0180eng

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

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.