TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER e: VITAL RECORDS
PART 500 ILLINOIS VITAL RECORDS CODE
SECTION 500.20 ACCESS TO VITAL RECORDS
Section 500.20 Access to Vital Records
a) Any custodian of vital records may furnish, upon the terms or conditions as he or she may prescribe under the Act, the Adoption Act, and this Part, when deemed in the public interest and not for purposes of commercial solicitation or private gain, copies of vital records or data from these records: to public agencies administering health, welfare, safety, law enforcement, or public assistance programs; and to private agencies, approved by the State Registrar, such as hospitals, public news media, abstract and title companies, and credit bureaus.
b) Nothing in this Part shall be construed as authorization to permit access to or inspection of the vital records by any person other than the custodians or their employees, nor as authorization to disclose information contained in these records, or copy, or permit to be copied, all or any part of these records, except as authorized by the Act, the Adoption Act, and this Part.
c) It shall be the duty of the person(s) responsible for the completion of the Certificate of Live Birth to ensure that the information necessary to complete the form is collected, recorded, and maintained in a confidential manner. This duty includes retaining, in a secure manner, only one copy of either the original birth record or the worksheet unless the hospital can demonstrate to the State Register that more than one copy is necessary for the maintenance of hospital records. Under no circumstances shall the original certificate or worksheet be disclosed to anyone other than hospital officials responsible for completing the form, the State Registrar, or hospital personnel directly involved in the birth mother's care and then only for administrative or health care purposes.
d) Hospital personnel responsible for the preparation of the Certificate of Live Birth are strictly prohibited from requesting any information or consent from the birth mother or from presenting the worksheet and/or the original certificate to the birth parent(s) for information, review, or signature(s) in the presence of anyone other than hospital personnel directly involved in the birth mother's care. The father's signature shall be affixed to the original birth certificate in a manner that will not divulge the data contained in the section entitled "Information for Medical and Health Use Only".
e) Under no circumstances shall the section of the Certificate of Live Birth entitled "Information for Medical and Health Use Only" be disclosed to anyone, with the exception of the birth mother, the State Registrar, and hospital personnel directly involved in the birth mother's care, unless written informed consent has been given by the mother. This prohibition includes the father of the infant and all immediate and extended family members. Consent shall be obtained from the birth mother only when she is alone or in the presence of hospital personnel directly involved in her care.
f) No person may be granted access to an original birth record or file of an adopted person, except upon presentation of a certified court order directing the State Registrar to provide this access.
g) Certified copies of an official birth record will be provided to the person to whom the record relates (if the person is 18 years of age or older), or to the parents, to the legal guardian(s), and to the legal representative as defined in Section 500.10, of the person to whom the record relates, upon payment of the fee under Section 25 of the Act [410 ILCS 535/25].
h) Certified copies of an official death record will be provided to the administrator or executor of the decedant's estate.
i) Nothing in this Part shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the Certificate of Live Birth and the Certificate of Fetal Death or the "Information for Statistical Purposes Only" section of the Certificate of Marriage or Certificate of Dissolution, Invalidity of Marriage, or Legal Separation unless specifically authorized by the State Registrar for statistical or research purposes or if authorized by a court of competent jurisdiction.
j) All information submitted to the Adoption Registry is confidential and gathered by the State solely for the purpose of facilitating the exchange of updated medical data and contact information between adopted and surrendered persons and other registered parties. Information exchanged through the Registry shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or commission and shall not be disclosed, except as authorized by this Part under the Adoption Act. Disclosure of identifying information in violation of the Adoption Act is a Class A misdemeanor. (Section 18.8 of the Adoption Act)
(Source: Amended at 24 Ill. Reg. 11882, effective July 26, 2000)