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91_SB0256
LRB9102990SMdvA
1 AN ACT regarding adoption, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Illinois Adoption Registry and Medical
8 Information Exchange Fund.
9 Section 10. The Adoption Act is amended by adding
10 Sections 18.051, 18.052, 18.053, 18.054, 18.055, 18.056,
11 18.057, 18.058, 18.059, 18.060, 18.061, 18.062, and 18.063
12 and changing Section 18.3a as follows:
13 (750 ILCS 50/18.051 new)
14 Sec. 18.051. The Illinois Adoption Registry and Medical
15 Information Exchange; legislative intent. The General
16 Assembly recognizes the importance of creating a procedure by
17 which birth families, adoptive families, legal guardians of
18 surrendered children, and adult adopted or surrendered
19 persons can exchange vital medical information throughout the
20 life of the adopted or surrendered person. The General
21 Assembly further recognizes that it is in the best interest
22 of adopted and surrendered persons and their birth and
23 adoptive families that birth family medical histories and the
24 preferences regarding contact of all parties to an adoption
25 be compiled, preserved and provided, upon request, to the
26 adoptive parents and legal guardians of adopted or
27 surrendered children and to adult adopted or surrendered
28 persons and their birth and adoptive relatives. The purpose
29 of this amendatory Act of 1999 is to respond to these
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1 concerns by redefining the function and operation of the
2 Illinois Adoption Registry and creating the Medical
3 Information Exchange.
4 (750 ILCS 50/18.052 new)
5 Sec. 18.052. Definitions. When used in Sections 18.051
6 through 18.063, unless the context otherwise requires:
7 "Adopted person" means a person who was adopted pursuant
8 to the laws in effect at the time of the adoption.
9 "Adoptive parent" means a person who has become a parent
10 through the legal process of adoption.
11 "Adoptive relative" means the widow or widower or an
12 adult child or grandparent of a deceased adopted or
13 surrendered person.
14 "Agency" means a public child welfare agency or a
15 licensed child welfare agency.
16 "Birth father" means the biological father of an adopted
17 or surrendered person who is named on the original birth
18 certificate, in the agency or court file, on a consent or
19 surrender document, or a notarized statement duly executed
20 and signed by the birth mother, or a biological father whose
21 paternity has been established by a judgment or order of the
22 court.
23 "Birth mother" means the biological mother of an adopted
24 or surrendered person.
25 "Birth parent" means a parent, by birth, of an adopted or
26 surrendered person.
27 "Birth relative" means the adult biological full or half
28 sibling or birth grandparent of an adopted or surrendered
29 person or the biological sibling or adoptive child of his or
30 her birth parent.
31 "Information Exchange Authorization" means an affidavit
32 completed by an applicant to the Illinois Adoption Registry
33 and Medical Information Exchange authorizing the release of
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1 his or her name and address to a specified party or parties.
2 "Information Exchange Denial" means an affidavit
3 completed by an applicant to the Illinois Adoption Registry
4 and Medical Information Exchange denying the release of his
5 or her name and address to a specified party or parties.
6 "Interested party" means an adoptive parent or legal
7 guardian of an adopted or surrendered person under the age of
8 18, an adopted or surrendered person 18 years of age or over,
9 an adoptive relative, a birth parent, or a birth relative.
10 "Medical Information Exchange Questionnaire" means the
11 medical history questionnaire completed by applicants to the
12 Illinois Adoption Registry and Medical Information Exchange.
13 "Proof of death" means a death certificate, a death
14 notice, or an obituary published in a daily newspaper.
15 "Surrendered person" means a person who was surrendered
16 for adoption but not adopted.
17 (750 ILCS 50/18.053 new)
18 Sec. 18.053. The Illinois Adoption Registry and Medical
19 Information Exchange.
20 (a) General function. The Department of Public Health
21 shall redefine the function of the Illinois Adoption
22 Registry, and create the Medical Information Exchange in the
23 manner outlined in subsections (b) through (d) for the
24 purpose of facilitating the exchange of medical information
25 between birth parents and birth relatives and the adoptive
26 parents and legal guardians of adopted or surrendered minors,
27 adult adopted or surrendered persons, and adoptive relatives.
28 The Department shall establish rules for the confidential
29 operation of the Illinois Adoption Registry and, from July 1,
30 1999 to January 1, 2000, shall conduct a public information
31 campaign through public service announcements, notices on
32 driver's license renewal applications, and other forms of
33 media coverage to inform adopted and surrendered persons
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1 born, surrendered, or adopted in Illinois and their adoptive
2 parents, legal guardians, birth parents, and birth relatives
3 of the provisions of this amendatory Act of 1999. The
4 Illinois Adoption Registry shall also establish an
5 informational internet site where interested parties may
6 access a summary of the provisions of this amendatory Act of
7 1999 and download all necessary application forms. The
8 Illinois Adoption Registry shall maintain statistical
9 records, publish and circulate to the public informational
10 material about the function and operation of the Registry,
11 and provide interested parties with Medical Exchange
12 Questionnaires and all other Illinois Adoption Registry
13 applications and forms. The Registry shall forward to all
14 interested parties copies of any Medical Exchange
15 Questionnaires submitted to the Registry prior to the
16 applicant's registration by one of his or her biological
17 relatives. If an adult adopted or surrendered person has
18 applied to the Registry and one of his or her biological
19 relatives subsequently applies to the Registry, the Illinois
20 Adoption Registry shall be responsible for forwarding a copy
21 of the birth parent's or birth relative's Medical Information
22 Exchange Questionnaire to the adopted or surrendered person
23 or the adoptive relative at the address shown on their
24 Illinois Adoption Registry Application.
25 (b) Birth parent registration at the time of surrender
26 or involuntary termination of parental rights. On and after
27 January 1, 2000, at the time a child is surrendered or
28 parental rights are involuntarily terminated, the agency,
29 Department of Children and Family Services, Court Supportive
30 Services, Juvenile Division of the Circuit Court, Probation
31 Officers of the Circuit Court, or any other party to the
32 surrender or consent to adoption shall request that the birth
33 parent or parents register with the Illinois Adoption
34 Registry and Medical Information Exchange and complete Parts
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1 I and II of the Illinois Adoption Registry Application. If
2 desired, the birth parent or parents may also file an
3 Information Exchange Authorization or Information Exchange
4 Denial with the Registry at any time after a child is
5 surrendered for adoption or parental rights are involuntarily
6 terminated, at any time during the adoption proceedings, or
7 at any time thereafter. In the event that the birth parent
8 is unwilling or unable to complete Parts I and II of the
9 Illinois Adoption Registry Application, the agency,
10 Department of Children and Family Services, Court Supportive
11 Services, Juvenile Division of the Circuit Court, Probation
12 Officers of the Circuit Court, attorney, or any other party
13 to the surrender or consent to adoption proceedings may, to
14 the best of their ability, complete parts I and II of the
15 Illinois Adoption Registry Application on behalf of the birth
16 parent.
17 (c) Establishment of the Adoption/Surrender Records
18 File. All records received by the Registry which pertain to
19 an individual adoption or surrender shall be placed into a
20 single Adoption/Surrender Records File. The Illinois Adoption
21 Registry shall establish a new Adoption/Surrender Records
22 File for:
23 (1) each adoption finalized by a court action in the
24 State of Illinois on or after January 1, 2000; and
25 (2) any adoption finalized prior to January 1, 2000 for
26 which no information is currently on file and for which the
27 adopted or surrendered person, or one of his or her birth
28 parents, adult birth or adoptive relatives, adoptive parents,
29 or legal guardians has registered with the Registry and
30 completed an Illinois Adoption Registry Application.
31 (d) Contents of the Adoption/Surrender Records File.
32 The Adoption/Surrender Records File shall contain the
33 following items, to the extent that they are available:
34 (1) Parts I and II of any Illinois Adoption
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1 Registry Application which has been completed by the
2 adopted or surrendered person or his or her adoptive
3 parents, legal guardians, birth parents, adoptive
4 relative, or birth relatives or by a third party on
5 behalf of the birth parent at the time of the surrender
6 or involuntary termination of parental rights.
7 (2) Any written statements, letters, photographs,
8 or other items provided by any interested party for the
9 adopted or surrendered person or his or her birth or
10 adoptive parents or relatives, or legal guardians at the
11 time of registration or any time thereafter.
12 (3) Any Information Exchange Authorization or
13 Information Exchange Denial which has been filed by the
14 adopted or surrendered person or any other interested
15 party at the time of registration or any time thereafter.
16 (4) For all adoptions finalized after January 1,
17 2000, a copy of the original birth certificate, the
18 consent or surrender to adoption, or order of termination
19 of parental rights, and the judgment for adoption as well
20 as the Affidavit of Information and any other
21 non-identifying information which is forwarded to the
22 Registry by any interested party at the time of the
23 adoption or any time thereafter.
24 (5) Any updated addresses submitted by any
25 interested party.
26 (6) Any proof of death which has been submitted by:
27 an adoptive parent, adoptive relative, legal guardian, or
28 friend of an adopted or surrendered person in the event
29 of his or her death; a birth relative, legal guardian, or
30 friend of a deceased birth parent or birth sibling in the
31 event of his or her death; or a confidential
32 intermediary.
33 (750 ILCS 50/18.054 new)
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1 Sec. 18.054. The Illinois Adoption Registry Application.
2 The Illinois Adoption Registry Application shall
3 substantially include the following:
4 (a) Part I: General Information. The Illinois Adoption
5 Registry Application shall include the following general
6 information subparts:
7 (1) A subpart for information about the registrant
8 including his or her surname, given name or names, social
9 security number, mailing address, home telephone number,
10 sex, date and place of birth, and the date of
11 registration. This subpart shall also include the
12 address and telephone number of the Illinois Adoption
13 Registry.
14 (2) A subpart for information to be completed by
15 the registrant if he or she is an adopted or surrendered
16 person 18 years of age or over, including, if known to
17 the applicant, the state and county where the judgment of
18 adoption was finalized, the surnames, given names, and
19 birthplaces of the adoptive parents, and the adopted or
20 surrendered person's birth name.
21 (3) A subpart for information to be completed by
22 the registrant if he or she is the adoptive parent or
23 legal guardian of an adopted or surrendered person under
24 the of 18 or a birth parent or adult birth or adoptive
25 relative of an adopted or surrendered person. If
26 applicable and known to the registrant, this information
27 shall include the maiden surname of the birth mother, any
28 subsequent surnames of the birth mother, the surname of
29 the birth father, the given name or names of the birth
30 parents, the dates and places of birth of the birth
31 parents, the surname and given name or names of the
32 adopted person prior to adoption, the sex and date and
33 place of birth of the adopted or surrendered person, and
34 the name of the adopted person following his or her
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1 adoption.
2 (b) Part II: Medical Information Exchange
3 Questionnaire. In recognition of the importance of medical
4 information and of recent discoveries regarding the genetic
5 origin of many medical conditions and diseases, with the
6 exception of adoptive parents registering less than one year
7 after their child's adoption was finalized, all applicants
8 shall be asked to complete a Medical Information Exchange
9 Questionnaire. The Medical Information Exchange
10 Questionnaire shall include an exhaustive check-list of
11 genetically-transmitted medical conditions and diseases.
12 Birth parents and adult birth and adoptive relatives shall be
13 asked to indicate all genetically-inherited diseases and
14 conditions on this list which are known to exist in their
15 biological families at the time of registration.
16 Adopted and surrendered persons and their adoptive
17 parents, legal guardians, and adoptive relatives shall be
18 required to indicate all genetically-inherited diseases and
19 medical conditions with which the adopted or surrendered
20 person or, if applicable, his or her children have been
21 diagnosed since birth. In addition, all birth parents shall
22 be apprised of the Registry's provisions for submitting
23 information about their and their family's medical histories
24 on a confidential, ongoing basis.
25 The form and content of the Medical Information Exchange
26 Questionnaire shall be determined by the Illinois Department
27 of Public Health and shall include a Hereditary Diseases
28 Section that allows the applicant to indicate any medical
29 diseases or conditions known to exist in their biological
30 family, including, but not limited to ADD/ADHD, AIDS/HIV,
31 alcoholism, allergies, ALS (Lou Gehrig's Disease),
32 Alzheimer's Disease, anemia, arthritis, asthma, bipolar
33 disorder, blood disorders, breast cancer, colon cancer,
34 ovarian cancer, prostate cancer, skin cancer, cystic
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1 fibrosis, clinical depression, diabetes, diverticulitis,
2 dyslexia, eating disorders, eczema, emphysema, epilepsy,
3 farsightedness, gout, hay fever, hearing disorders, heart
4 disease, hemophilia, Huntington's Disease, hypertension (high
5 blood pressure), hyperthyroidism, hypothyroidism, kidney
6 disease, learning disabilities, leukemia, mental illness,
7 muscular diseases, myopia (nearsightedness), obesity,
8 obsessive/compulsive disorder, Parkinson's disease, physical
9 disabilities, Rh factors, schizophrenia, sickle cell anemia,
10 seizure disorders, speech disabilities, stroke, substance
11 abuse, Tay-Sachs disease, tuberculosis, tumors (benign),
12 tumors (malignant), Tourette's syndrome, and vitiligo.
13 (c) Part III: Written statement. All registrants shall
14 be given the opportunity to file a written statement with the
15 Registry. This statement may include any additional medical
16 data or any known social, ethnic, or biographical
17 information, and be submitted on the space provided on the
18 Information Exchange Authorization or in a separate, sealed
19 envelope.
20 (d) Part IV. Contact information. All registrants may
21 indicate their wishes regarding contact with any other
22 interested party by completing an Information Exchange
23 Authorization, an Information Exchange Denial, or an
24 affidavit authorizing contact by a certified confidential
25 intermediary or other specified third party.
26 (1) Information Exchange Authorization. Adopted or
27 surrendered persons 18 years of age or over who would
28 welcome contact with one or more of their birth parents
29 or other adult birth relatives, birth parents and other
30 adult birth relatives who would welcome contact with an
31 adopted or surrendered person, or his or her adoptive
32 parents or legal guardians or other adult adoptive
33 relatives, and adoptive parents or legal guardians of
34 adopted or surrendered persons under the age of 18 who
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1 would welcome contact with the adopted or surrendered
2 person's birth parents or other birth relatives may file
3 an Information Exchange Declaration at the time of the
4 adoption or surrender, or any time thereafter.
5 (2) Information Exchange Denial. Adopted or
6 surrendered persons 18 years of age or over who do not
7 wish to establish direct contact with one or more of
8 their birth parents or other adult birth relatives may
9 file an Information Exchange Denial. Birth parents and
10 other adult birth relatives who do not wish to establish
11 direct contact with an adopted or surrendered person, his
12 or her adoptive parents or legal guardians, or his or her
13 other adult adoptive relatives, and adoptive parents or
14 legal guardians of adopted or surrendered persons under
15 the age of 18 who do not wish to establish direct contact
16 with the adopted or surrendered person's birth parents or
17 other birth relatives may file an Information Exchange
18 Denial at the time of the adoption or surrender, or any
19 time thereafter.
20 Upon receipt of an Information Exchange Denial, the
21 Illinois Adoption Registry shall provide the registrant
22 with a copy of the Information Exchange Denial Revocation
23 Form. An Information Exchange Denial may be revoked at
24 any time, without charge, by filing an Information
25 Exchange Denial Revocation Form or by notifying the
26 Registry in writing of the desire to revoke the
27 Information Exchange Denial. Requests to revoke an
28 Information Exchange Denial shall be accompanied by a
29 photocopy of the applicant's current drivers license,
30 passport, or state-issued photo identification card.
31 Information Exchange Denials filed by the adoptive parent
32 or legal guardian of an adopted or surrendered person
33 under the age of 18 shall expire on the adopted or
34 surrendered person's 18th birthday. Unless revoked or
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1 expired, Information Exchange Denials shall remain in
2 effect until 2 years after the death of the person who
3 filed the declaration.
4 (750 ILCS 50/18.055 new)
5 Sec. 18.055. Effective date of registration.
6 Registration with the Illinois Adoption Registry and Medical
7 Information Exchange shall become effective as soon as the
8 applicant's completed Illinois Adoption Registry Application
9 has been filed with the Registry.
10 (750 ILCS 50/18.056 new)
11 Sec. 18.056. Executing documents in foreign countries.
12 When an Information Exchange Authorization or Information
13 Exchange Denial is filed in a foreign country, the execution
14 of the document shall be acknowledged or affirmed in a manner
15 in conformity with the law and procedure of that country.
16 (750 ILCS 50/18.057 new)
17 Sec. 18.057. Executing documents in the military. If
18 the person filing an Information Exchange Declaration or
19 Information Exchange Denial is in the military service of the
20 United States, the execution of these documents may be
21 acknowledged before a commissioned officer and the signature
22 of the officer on the document shall be verified or
23 acknowledged before a notary public or by any other procedure
24 in effect for that division or branch of the armed forces.
25 (750 ILCS 50/18.058 new)
26 Sec. 18.058. Registry matches.
27 (a) The Registry shall release identifying information
28 to the following registered parties and provide them with a
29 copy of the other party's Medical Information Exchange
30 Questionnaire as well as any written statements, letters,
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1 photographs, or other items which have been placed in the
2 Adoption/Surrender Records File and specifically intended for
3 the registered parties:
4 (i) an adult adopted or surrendered person and one
5 of his or her birth parents or birth relatives who have
6 both filed an Information Exchange Authorization with the
7 Registry, if information available to the Registry
8 confirms that the consenting adopted or surrendered
9 person is a biological relative of the consenting birth
10 parent or relative;
11 (ii) the adoptive parent or legal guardian of an
12 adopted or surrendered person under the age of 18 and one
13 of his or her birth parents or birth relatives who have
14 both filed an Information Exchange Authorization with the
15 Registry, if information available to the Registry
16 confirms that the child of the consenting adoptive parent
17 or legal guardian is a biological relative of the
18 consenting birth parent or birth relative; or
19 (iii) a birth parent or birth relative and an
20 adoptive relative who have both filed an Information
21 Exchange Authorization with the Registry, if information
22 available to the Registry confirms that the deceased
23 adopted person was a biological relative of the
24 consenting birth parent or birth relative.
25 All eligible adult adopted or surrendered persons whose
26 adoption was finalized prior to January 1, 2000, and who are
27 the subject of a Registry match shall be issued an Illinois
28 Adoption Registry Authorization.
29 (b) In the event that an interested party is the subject
30 of an Information Release Denial filed by another party to
31 the adoption, the Registry shall not release identifying
32 information to either registrant. However, both registrants
33 shall be provided with a copy of the other party's Medical
34 Information Exchange Questionnaire as well as any letters,
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1 pictures, or documents which have been placed in the
2 Adoption/Surrender Records File and are specifically intended
3 for them.
4 (750 ILCS 50/18.059 new)
5 Sec. 18.059. Illinois Adoption Registry Authorization.
6 (a) In the event of a Registry match, adult adopted or
7 surrendered persons whose birth parent's parental rights were
8 terminated prior to January 1, 2000, shall be issued an
9 Illinois Adoption Registry Authorization. The Illinois
10 Adoption Registry Authorization shall entitle the adopted or
11 surrendered person to receive a copy of his or her original
12 birth certificate from the Bureau of Vital Statistics; if
13 applicable, a copy of the judgment for adoption from the
14 court of the county where the adoption was finalized; any
15 written statements, letters, photographs, or other items
16 which have been submitted to any agency or attorney that was
17 involved in the adoption proceedings or surrender and are
18 specifically intended for the adopted or surrendered person;
19 and any medical or nursery records pertaining to the adopted
20 or surrendered person and histories of prior placement which
21 are in the possession of any agency or attorney that was
22 involved in the adoption proceedings or surrender.
23 (b) If only the birth mother is named on the original
24 birth certificate and, if applicable, the judgment for
25 adoption, and the adopted or surrendered person is the
26 subject of an Information Release Authorization filed with
27 the Registry by this birth parent, the Illinois Adoption
28 Registry shall issue the adopted or surrendered person an
29 Authorization which entitles him or her to receive unaltered
30 copies of the original birth certificate and, if applicable,
31 the judgment for adoption.
32 (c) If both the birth mother and birth father are named
33 on the original birth certificate or, if applicable, the
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1 judgment for adoption, and both birth parents have filed an
2 Information Release Authorization with the Registry, the
3 Illinois Adoption Registry shall issue the adopted or
4 surrendered person an Authorization which entitles him or her
5 to receive unaltered copies of the original birth certificate
6 and, if applicable, the judgment for adoption.
7 (d) If both the birth mother and birth father are named
8 on the original birth certificate or, if applicable, the
9 judgment for adoption, and only one of the birth parents has
10 filed an Information Release Authorization with the Registry,
11 the adopted or surrendered person shall have the option of:
12 (1) Requesting that his or her Illinois Adoption
13 Registry Authorization specify that the name of the birth
14 parent who has not filed an Information Release
15 Authorization with the Illinois Adoption Registry be
16 deleted from the original birth certificate and, if
17 applicable, the judgment for adoption issued to the
18 adopted or surrendered person.
19 (2) Providing a proof of death for the birth parent
20 who has not filed an Information Release Authorization
21 with the Registry. Upon receipt of this proof of death,
22 the Illinois Adoption Registry shall issue an
23 Authorization entitling the adopted or surrendered person
24 to receive unaltered copies of the original birth
25 certificate and, if applicable, the judgment for
26 adoption.
27 (e) If the person who is the subject of the Registry
28 match is a birth relative rather than one of the birth
29 parents, the issuance of an Illinois Adoption Registry
30 Authorization shall be contingent upon the adopted or
31 surrendered person providing a proof of death or Information
32 Release Authorization for all birth parents named on the
33 original birth certificate. The adopted or surrendered
34 person shall also have the option of requesting that his or
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1 her Illinois Adoption Registry Authorization specify that the
2 given name and surname of any birth parent for which no proof
3 of death or Information Release Authorization has been
4 submitted be deleted from copies of the original birth
5 certificate and the judgment for adoption which are issued to
6 the adopted or surrendered person.
7 (750 ILCS 50/18.060 new)
8 Sec. 18.060. Registration fee. A $40 fee shall be
9 charged for registering with the Illinois Adoption Registry
10 and Medical Information Exchange. However this fee shall be
11 waived for all adult adopted or surrendered persons, adoptive
12 parents, adoptive relatives, legal guardians, birth parents,
13 and birth relatives who complete Part II of the Illinois
14 Adoption Registry Application at the time of registration, as
15 well as for all birth parents registering or being registered
16 by a third party within 12 months of the termination of
17 parental rights, and adoptive parents registering within 12
18 months of the finalization of the adoption. All persons who
19 were registered with the Illinois Adoption Registry prior to
20 the effective date of this amendatory Act of 1999 and who
21 wish to update their registration may do so without charge.
22 (750 ILCS 50/18.061 new)
23 Sec. 18.061. Exemption from liability. No liability
24 shall accrue to the State, any agency or employee thereof,
25 any private agency, or any attorney for acts or efforts made
26 in good faith within the scope of this amendatory Act of 1999
27 and pursuant to its provisions.
28 (750 ILCS 50/18.062 new)
29 Sec. 18.062. Effective date of entitlement. The
30 effective date of entitlement of any person to an Illinois
31 Adoption Registry Authorization shall be March 1, 2000.
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1 (750 ILCS 50/18.063 new)
2 Sec. 18.063. Illinois Adoption Registry and Medical
3 Information Exchange Fund. There is hereby created in the
4 State treasury a special fund to be known as the Illinois
5 Adoption Registry and Medical Information Exchange Fund. All
6 fees collected by the Illinois Adoption Registry under this
7 amendatory Act of 1999 shall be deposited into the Fund.
8 Subject to appropriation, the amounts in the Fund shall be
9 used by the Department of Public Health to conduct activities
10 related to maintaining the Illinois Adoption Registry and
11 Medical Information Exchange and issuing any documents and
12 forms related to this amendatory Act of 1999.
13 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
14 Sec. 18.3a. Confidential intermediary.
15 (a) General purposes. Notwithstanding any other
16 provision of this Act, any adoptee over the age of 18 or any
17 adoptive parent or legal guardian of an adoptee under the age
18 of 18 may petition the court for appointment of a
19 confidential intermediary as provided in this Section for the
20 purpose of obtaining from one or both biological parents or a
21 sibling or siblings of the adoptee information concerning the
22 background of a psychological or genetically-based medical
23 problem experienced or which may be expected to be
24 experienced in the future by the adoptee or obtaining
25 assistance in treating such a problem.
26 (b) Petition. The court shall appoint a confidential
27 intermediary for the purposes described in subsection (f) if
28 the petitioner shows the following:
29 (1) the adoptee is suffering or may be expected to
30 suffer in the future from a life-threatening or
31 substantially incapacitating physical illness of any
32 nature, or a psychological disturbance which is
33 substantially incapacitating but not life-threatening, or
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1 a mental illness which, in the opinion of a physician
2 licensed to practice medicine in all its branches, is or
3 could be genetically based to a significant degree;
4 (2) the treatment of the adoptee, in the opinion of
5 a physician licensed to practice medicine in all of its
6 branches, would be materially assisted by information
7 obtainable from the biological parents or might benefit
8 from the provision of organs or other bodily tissues,
9 materials, or fluids by the biological parents or other
10 close biological relatives; and
11 (3) there is neither an Information Exchange
12 Authorization nor a Denial of Information Exchange filed
13 in the Registry as provided in Section 18.054 18.1.
14 The affidavit or testimony of the treating physician
15 shall be conclusive on the issue of the utility of contact
16 with the biological parents unless the court finds that the
17 relationship between the illness to be treated and the
18 alleged need for contact is totally without foundation.
19 (c) Fees and expenses. The court shall condition the
20 appointment of the confidential intermediary on the payment
21 of the intermediary's fees and expenses in advance, unless
22 the intermediary waives the right to full advance payment or
23 to any reimbursement at all.
24 (d) Eligibility of intermediary. The court may appoint
25 as confidential intermediary either an employee of the
26 Illinois Department of Children and Family Services
27 designated by the Department to serve as such, any other
28 person certified by the Department as qualified to serve as a
29 confidential intermediary, or any employee of a licensed
30 child welfare agency certified by the agency as qualified to
31 serve as a confidential intermediary.
32 (e) Access. Notwithstanding any other provision of law,
33 the confidential intermediary shall have access to all
34 records of the court or any agency, public or private, which
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1 relate to the adoption or the identity and location of any
2 biological parent.
3 (f) Purposes of contact. The confidential intermediary
4 has only the following powers and duties:
5 (1) To contact one or both biological parents,
6 inform the parent or parents of the basic medical problem
7 of the adoptee and the nature of the information or
8 assistance sought from the biological parent, and inform
9 the parent or parents of the following options:
10 (A) The biological parent may totally reject
11 the request for assistance or information, or both,
12 and no disclosure of identity or location shall be
13 made to the petitioner.
14 (B) The biological parent may file an
15 Information Exchange Authorization as provided in
16 Section 18.054 18.1. The confidential intermediary
17 shall explain to the biological parent the
18 consequences of such a filing, including that the
19 biological parent's identity will be available for
20 discovery by the adoptee. If the biological parent
21 agrees to this option, the confidential intermediary
22 shall supply the parent with the appropriate forms,
23 shall be responsible for their immediate filing with
24 the Registry, and shall inform the petitioner of
25 their filing.
26 (C) If the biological parent wishes to provide
27 the information or assistance sought but does not
28 wish his or her identity disclosed, the confidential
29 intermediary shall arrange for the disclosure of the
30 information or the provision of assistance in as
31 confidential a manner as possible so as to protect
32 the privacy of the biological parent and minimize
33 the likelihood of disclosure of the biological
34 parent's identity.
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1 (2) If a biological parent so desires, to arrange
2 for a confidential communication with the treating
3 physician to discuss the need for the requested
4 information or assistance.
5 (3) If a biological parent agrees to provide the
6 information or assistance sought but wishes to maintain
7 his or her privacy, to arrange for the provision of the
8 information or assistance to the physician in as
9 confidential a manner as possible so as to protect the
10 privacy of the biological parent and minimize the
11 likelihood of disclosure of the biological parent's
12 identity.
13 (g) Oath. The confidential intermediary shall sign an
14 oath of confidentiality substantially as follows:
15 "I, .........., being duly sworn, on oath depose and
16 say: As a condition of appointment as a confidential
17 intermediary, I affirm that:
18 (1) I will not disclose to the petitioner, directly
19 or indirectly, any information about the identity or
20 location of the biological parent whose assistance is
21 being sought for medical reasons except in a manner
22 consistent with the law.
23 (2) I recognize that violation of this oath
24 subjects me to civil liability and to being found in
25 contempt of court.
26 ................................
27 SUBSCRIBED AND SWORN to before me, a Notary Public,
28 on (insert date). this ..... day of .........., 19...
29 ................................"
30 (h) Sanctions.
31 (1) Any confidential intermediary who improperly
32 discloses information identifying a biological parent
33 shall be liable to the biological parent for damages and
34 may also be found in contempt of court.
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1 (2) Any physician or other person who learns a
2 biological parent's identity, directly or indirectly,
3 through the use of procedures provided in this Section
4 and who improperly discloses information identifying the
5 biological parent shall be liable to the biological
6 parent for actual damages plus minimum punitive damages
7 of $10,000.
8 (i) Death of biological parent. Notwithstanding any
9 other provision of this Act, if the confidential intermediary
10 discovers that the person whose assistance is sought has
11 died, he or she shall report this fact to the court, along
12 with a copy of the death certificate if possible.
13 (Source: P.A. 86-1451; revised 10-20-98.)
14 (750 ILCS 5/18.1 rep.)
15 (750 ILCS 5/18.3 rep.)
16 (750 ILCS 5/18.5 rep.)
17 (750 ILCS 5/18.6 rep.)
18 Section 15. The Adoption Act is amended by repealing
19 Sections 18.1, 18.3, 18.5, and 18.6.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 30 ILCS 105/5.490 new
4 750 ILCS 50/18.051 new
5 750 ILCS 50/18.052 new
6 750 ILCS 50/18.053 new
7 750 ILCS 50/18.054 new
8 750 ILCS 50/18.055 new
9 750 ILCS 50/18.057 new
10 750 ILCS 50/18.058 new
11 750 ILCS 50/18.059 new
12 750 ILCS 50/18.060 new
13 750 ILCS 50/18.061 new
14 750 ILCS 50/18.062 new
15 750 ILCS 50/18.063 new
16 750 ILCS 50/18.3a from Ch. 40, par. 1522.3a
17 750 ILCS 5/18.1 rep.
18 750 ILCS 5/18.3 rep.
19 750 ILCS 5/18.5 rep.
20 750 ILCS 5/18.6 rep.