093_SB0180sam001

 










                                     SRS093 00040 JEJ 00040 a

 1                    AMENDMENT TO SENATE BILL 180

 2        AMENDMENT NO.     .  Amend Senate Bill 180  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      SRS093 00040 JEJ 00040 a
 1    States by an adopting parent who is a resident of this  State
 2    and  who  has  been  granted  an  IR-3  visa  by  the  U.  S.
 3    Immigration  and Naturalization Service under the Immigration
 4    and Nationality Act     upon  the  submission  to  the  State
 5    Registrar of Vital Records of: (1) evidence as to the child's
 6    birth date and birthplace (including the country of birth and
 7    if available, the city and province of birth) provided by the
 8    original  birth certificate, or by a certified copy, extract,
 9    or translation  thereof  or  by  other  document  essentially
10    equivalent  thereto  (the records of the U.S. Immigration and
11    Naturalization Service or of the U.S. Department of State  to
12    be   considered   essentially   equivalent  thereto);  (2)  a
13    certified copy,  extract,  or  translation  of  the  adoption
14    decree    or by other document essentially equivalent thereto
15    (the records  of  the  U.S.  Immigration  and  Naturalization
16    Service  or  of the U.S. Department of State to be considered
17    essentially equivalent thereto); (3) a copy of the IR-3 visa;
18    and (4) the name and address  of  the  adoption  agency  that
19    handled  the  adoption.   The  Record  of Foreign Birth shall
20    include the actual place and date of birth, the child's  name
21    and  parentage as ordered in the judgment of adoption and any
22    other necessary facts.
23        Upon the specific written request by the person  to  whom
24    the  Record  of  Foreign Birth relates or by his or her legal
25    representative, or by an agency of local,  state  or  federal
26    government,  or  upon  the  order  of  a  court  of competent
27    jurisdiction  and  upon  payment  of  a  fee  of  $5  by  the
28    applicant, the State Registrar of Vital Records  shall  issue
29    to  such  applicant  one certification or a certified copy of
30    the specified Record of Foreign Birth.
31        Upon receipt of a certified copy  of  a  court  order  of
32    annulment of adoption or a court order vacating a judgment of
33    adoption  of  an  adopted person for whom a Record of Foreign
34    Birth has been made and filed under the  provisions  of  this
 
                            -3-      SRS093 00040 JEJ 00040 a
 1    Section  the  State  Registrar of Vital Records shall nullify
 2    and void such Record of Foreign Birth by entering on its face
 3    the statement "This Record is declared null and void upon the
 4    basis of a court judgment annulling or vacating this adoption
 5    upon which this Record is based" and a  notation  identifying
 6    the court judgment.
 7        The  provisions  of this Section shall also be applicable
 8    to, and shall inure to the benefit of all persons for whom  a
 9    judgment  of  adoption  has  been  entered in a court in this
10    State prior to August 26, 1963.  In such cases the  applicant
11    shall  furnish  the  State  Registrar of Vital Records with a
12    certified  copy  of  the  adoption  judgment  together   with
13    affidavits  as  to  the  personal  particulars  of the foster
14    parents in lieu of the certificate of adoption  specified  in
15    Section  16  of  this  Act.   In every case wherein the State
16    Registrar of Vital Records has previously been furnished with
17    a certificate of adoption  involving  a  foreign  born  child
18    adopted  in  Illinois,  a  certified  copy  of  the  adoption
19    judgment  and  affidavits  of  personal  particulars  are not
20    necessary, but the State Registrar  of  Vital  Records  shall
21    make  and  file  a Record of Foreign Birth in the same manner
22    and fashion as  if  the  certificate  of  adoption  has  been
23    furnished him after August 26, 1963.
24    (Source: P.A. 83-345.)

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law."