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91_HB1937
LRB9104176SMcb
1 AN ACT to amend the Adoption Act by changing Section
2 18.3a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Adoption Act is amended by changing
6 Section 18.3a as follows:
7 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
8 Sec. 18.3a. Confidential intermediary.
9 (a) General purposes. Notwithstanding any other
10 provision of this Act, any adoptee over the age of 18 or any
11 adoptive parent or legal guardian of an adoptee under the age
12 of 18 may petition the court for appointment of a
13 confidential intermediary as provided in this Section for the
14 purpose of obtaining from one or both biological parents or a
15 sibling or siblings of the adoptee information concerning the
16 background of a psychological or genetically-based medical
17 problem experienced or which may be expected to be
18 experienced in the future by the adoptee or obtaining
19 assistance in treating such a problem.
20 (b) Petition. The court shall appoint a confidential
21 intermediary for the purposes described in subsection (f) if
22 the petitioner shows the following:
23 (1) the adoptee is suffering or may be expected to
24 suffer in the future from a life-threatening or
25 substantially incapacitating physical illness of any
26 nature, or a psychological disturbance which is
27 substantially incapacitating but not life-threatening, or
28 a mental illness which, in the opinion of a physician
29 licensed to practice medicine in all its branches, is or
30 could be genetically based to a significant degree;
31 (2) the treatment of the adoptee, in the opinion of
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1 a physician licensed to practice medicine in all of its
2 branches, would be materially assisted by information
3 obtainable from the biological parents or might benefit
4 from the provision of organs or other bodily tissues,
5 materials, or fluids by the biological parents or other
6 close biological relatives; and
7 (3) there is neither an Information Exchange
8 Authorization nor a Denial of Information Exchange filed
9 in the Registry as provided in Section 18.1.
10 The affidavit or testimony of the treating physician
11 shall be conclusive on the issue of the utility of contact
12 with the biological parents unless the court finds that the
13 relationship between the illness to be treated and the
14 alleged need for contact is totally without foundation.
15 (c) Fees and expenses. The court shall condition the
16 appointment of the confidential intermediary on the payment
17 of the intermediary's fees and expenses in advance, unless
18 the intermediary waives the right to full advance payment or
19 to any reimbursement at all.
20 (d) Eligibility of intermediary. The court may appoint
21 as confidential intermediary either an employee of the
22 Illinois Department of Children and Family Services
23 designated by the Department to serve as such, any other
24 person certified by the Department as qualified to serve as a
25 confidential intermediary, or any employee of a licensed
26 child welfare agency certified by the agency as qualified to
27 serve as a confidential intermediary.
28 (e) Access. Notwithstanding any other provision of law,
29 the confidential intermediary shall have access to all
30 records of the court or any agency, public or private, which
31 relate to the adoption or the identity and location of any
32 biological parent.
33 (f) Purposes of contact. The confidential intermediary
34 has only the following powers and duties:
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1 (1) To contact one or both biological parents,
2 inform the parent or parents of the basic medical problem
3 of the adoptee and the nature of the information or
4 assistance sought from the biological parent, and inform
5 the parent or parents of the following options:
6 (A) The biological parent may totally reject
7 the request for assistance or information, or both,
8 and no disclosure of identity or location shall be
9 made to the petitioner.
10 (B) The biological parent may file an
11 Information Exchange Authorization as provided in
12 Section 18.1. The confidential intermediary shall
13 explain to the biological parent the consequences of
14 such a filing, including that the biological
15 parent's identity will be available for discovery by
16 the adoptee. If the biological parent agrees to this
17 option, the confidential intermediary shall supply
18 the parent with the appropriate forms, shall be
19 responsible for their immediate filing with the
20 Registry, and shall inform the petitioner of their
21 filing.
22 (C) If the biological parent wishes to provide
23 the information or assistance sought but does not
24 wish his or her identity disclosed, the confidential
25 intermediary shall arrange for the disclosure of the
26 information or the provision of assistance in as
27 confidential a manner as possible so as to protect
28 the privacy of the biological parent and minimize
29 the likelihood of disclosure of the biological
30 parent's identity.
31 (2) If a biological parent so desires, to arrange
32 for a confidential communication with the treating
33 physician to discuss the need for the requested
34 information or assistance.
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1 (3) If a biological parent agrees to provide the
2 information or assistance sought but wishes to maintain
3 his or her privacy, to arrange for the provision of the
4 information or assistance to the physician in as
5 confidential a manner as possible so as to protect the
6 privacy of the biological parent and minimize the
7 likelihood of disclosure of the biological parent's
8 identity.
9 (g) Oath. The confidential intermediary shall sign an
10 oath of confidentiality substantially as follows:
11 "I, .........., being duly sworn, on oath depose and
12 say: As a condition of appointment as a confidential
13 intermediary, I affirm that:
14 (1) I will not disclose to the petitioner, directly
15 or indirectly, any information about the identity or
16 location of the biological parent whose assistance is
17 being sought for medical reasons except in a manner
18 consistent with the law.
19 (2) I recognize that violation of this oath
20 subjects me to civil liability and to being found in
21 contempt of court.
22 ................................
23 SUBSCRIBED AND SWORN to before me, a Notary Public,
24 on (insert date). this ..... day of .........., 19...
25 ................................"
26 (h) Sanctions.
27 (1) Any confidential intermediary who improperly
28 discloses information identifying a biological parent
29 shall be liable to the biological parent for damages and
30 may also be found in contempt of court.
31 (2) Any physician or other person who learns a
32 biological parent's identity, directly or indirectly,
33 through the use of procedures provided in this Section
34 and who improperly discloses information identifying the
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1 biological parent shall be liable to the biological
2 parent for actual damages plus minimum punitive damages
3 of $10,000.
4 (i) Death of biological parent. Notwithstanding any
5 other provision of this Act, if the confidential intermediary
6 discovers that the person whose assistance is sought has
7 died, he or she shall report this fact to the court, along
8 with a copy of the death certificate if possible.
9 (Source: P.A. 86-1451; revised 10-20-98.)