Public Act 93-0645

SB180 Re-enrolled                    LRB093 02045 LCB 04904 b

    AN ACT concerning records.

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

    Section  5.  The Vital Records Act is amended by changing
Section 16.1 as follows:

    (410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)
    Sec.  16.1.   When  it  appears  from  a  certificate  of
adoption transmitted to the State Registrar of Vital Records,
pursuant to the provisions of Section 16 of  this  Act,  that
the  child  was  born  outside  of  the  United States or its
Territories, then, upon submission to the State Registrar  of
Vital  Records  of  evidence as to the child's birth date and
birthplace provided by the original birth certificate, or  by
a certified copy, extract, or translation thereof or by other
document  essentially  equivalent thereto (the records of the
U.S. Immigration and Naturalization Service or  of  the  U.S.
Department  of  State to be considered essentially equivalent
thereto), the State Registrar of Vital Records shall make and
file a Record of Foreign Birth.  The State Registrar of Vital
Records may make and file a Record of  Foreign  Birth  for  a
person born in a foreign country who has been granted an IR-3
visa by the U.S. Immigration and Naturalization Service under
the Immigration and Nationality Act and who was adopted under
the  laws  of a jurisdiction or country other than the United
States by an adopting parent who is a resident of this  State
upon  the  submission to the State Registrar of Vital Records
of: (1) evidence as to the child's birth date and  birthplace
(including  the  country  of birth and if available, the city
and  province  of  birth)  provided  by  the  original  birth
certificate, or by a certified copy, extract, or  translation
thereof  or  by other document essentially equivalent thereto
(the records  of  the  U.S.  Immigration  and  Naturalization
Service  or  of the U.S. Department of State to be considered
essentially  equivalent  thereto);  (2)  a  certified   copy,
extract,  or translation of the adoption decree   or by other
document essentially equivalent thereto (the records  of  the
U.S.  Immigration  and  Naturalization Service or of the U.S.
Department of State to be considered  essentially  equivalent
thereto);  (3)  a copy of the IR-3 visa; and (4) the name and
address of the adoption agency  that  handled  the  adoption.
The  Record  of  Foreign Birth shall include the actual place
and date of birth, the child's name and parentage as  ordered
in the judgment of adoption and any other necessary facts.
    Upon  the  specific written request by the person to whom
the Record of Foreign Birth relates or by his  or  her  legal
representative,  or  by  an agency of local, state or federal
government, or  upon  the  order  of  a  court  of  competent
jurisdiction  and  upon  payment  of  a  fee  of  $5  by  the
applicant,  the  State Registrar of Vital Records shall issue
to such applicant one certification or a  certified  copy  of
the specified Record of Foreign Birth.
    Upon  receipt  of  a  certified  copy of a court order of
annulment of adoption or a court order vacating a judgment of
adoption of an adopted person for whom a  Record  of  Foreign
Birth  has  been  made and filed under the provisions of this
Section the State Registrar of Vital  Records  shall  nullify
and void such Record of Foreign Birth by entering on its face
the statement "This Record is declared null and void upon the
basis of a court judgment annulling or vacating this adoption
upon  which  this Record is based" and a notation identifying
the court judgment.
    The provisions of this Section shall also  be  applicable
to,  and shall inure to the benefit of all persons for whom a
judgment of adoption has been entered  in  a  court  in  this
State  prior to August 26, 1963.  In such cases the applicant
shall furnish the State Registrar of  Vital  Records  with  a
certified   copy  of  the  adoption  judgment  together  with
affidavits as to  the  personal  particulars  of  the  foster
parents  in  lieu of the certificate of adoption specified in
Section 16 of this Act.  In  every  case  wherein  the  State
Registrar of Vital Records has previously been furnished with
a  certificate  of  adoption  involving  a foreign born child
adopted  in  Illinois,  a  certified  copy  of  the  adoption
judgment and  affidavits  of  personal  particulars  are  not
necessary,  but  the  State  Registrar of Vital Records shall
make and file a Record of Foreign Birth in  the  same  manner
and  fashion  as  if  the  certificate  of  adoption has been
furnished him after August 26, 1963.
(Source: P.A. 83-345.)

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