SB2134 EnrolledLRB103 27443 LNS 53815 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Section
518.3 as follows:
 
6    (750 ILCS 50/18.3)  (from Ch. 40, par. 1522.3)
7    (Text of Section before amendment by P.A. 102-825)
8    Sec. 18.3. (a) The agency, Department of Children and
9Family Services, Court Supportive Services, Juvenile Division
10of the Circuit Court, and any other party to the surrender of a
11child for adoption or in an adoption proceeding shall inform
12any birth parent or parents relinquishing a child for purposes
13of adoption after the effective date of this Act of the
14opportunity to register with the Illinois Adoption Registry
15and Medical Information Exchange and to utilize the Illinois
16confidential intermediary program and shall obtain a written
17confirmation that acknowledges the birth parent's receipt of
18such information.
19    The birth parent shall be informed in writing that if
20contact or exchange of identifying information with the adult
21adopted or surrendered person is to occur, that adult adopted
22or surrendered person must be 21 years of age or over except as
23referenced in paragraph (d) of this Section.

 

 

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1    (b) Any birth parent, birth sibling, adopted or
2surrendered person, adoptive parent, or legal guardian
3indicating their desire to receive identifying or medical
4information shall be informed of the existence of the Registry
5and assistance shall be given to such person to legally record
6his or her name with the Registry.
7    (c) The agency, Department of Children and Family
8Services, Court Supportive Services, Juvenile Division of the
9Circuit Court, and any other organization involved in the
10surrender of a child for adoption in an adoption proceeding
11which has written statements from an adopted or surrendered
12person and the birth parent or a birth sibling indicating a
13desire to share identifying information or establish contact
14shall supply such information to the mutually consenting
15parties, except that no identifying information shall be
16supplied to consenting birth siblings if any such sibling is
17under 21 years of age. However, both the Registry having an
18Information Exchange Authorization and the organization having
19a written statement requesting the sharing of identifying
20information or contact shall communicate with each other to
21determine if the adopted or surrendered person or the birth
22parent or birth sibling has signed a form at a later date
23indicating a change in his or her desires regarding the
24sharing of information or contact.
25    (d) On and after January 1, 2000, any licensed child
26welfare agency which provides post-adoption search assistance

 

 

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1to adoptive parents, adopted persons, surrendered persons,
2birth parents, or other birth relatives shall require that any
3person requesting post-adoption search assistance complete an
4Illinois Adoption Registry Application prior to the
5commencement of the search. However, former youth in care as
6defined in Section 4d of the Children and Family Services Act
7between the ages of 18 and 21 who have been surrendered or
8adopted and who are seeking contact or an exchange of
9information with siblings shall not be required to complete an
10Illinois Adoption Registry Application prior to commencement
11of the search, provided that the search is performed
12consistent with applicable Sections of this Act.
13(Source: P.A. 100-159, eff. 8-18-17.)
 
14    (Text of Section after amendment by P.A. 102-825)
15    Sec. 18.3. (a) The agency, Department of Children and
16Family Services, Court Supportive Services, Juvenile Division
17of the Circuit Court, and any other party to the surrender of a
18child for adoption or in an adoption proceeding shall inform
19any birth parent or parents relinquishing a child for purposes
20of adoption after the effective date of this Act of the
21opportunity to register with the Illinois Adoption Registry
22and Medical Information Exchange and to utilize the Illinois
23confidential intermediary program and shall obtain a written
24confirmation that acknowledges the birth parent's receipt of
25such information.

 

 

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1    The birth parent shall be informed in writing that if
2contact or exchange of identifying information with the adult
3adopted or surrendered person is to occur, that adult adopted
4or surrendered person must be 21 years of age or over except as
5referenced in paragraph (d) of this Section.
6    (b) Any birth parent, birth sibling, adopted or
7surrendered person, adoptive parent, or legal guardian
8indicating their desire to receive identifying or medical
9information shall be informed of the existence of the Registry
10and assistance shall be given to such person to legally record
11his or her name with the Registry.
12    (c) The agency, Department of Children and Family
13Services, Court Supportive Services, Juvenile Division of the
14Circuit Court, and any other organization involved in the
15surrender of a child for adoption in an adoption proceeding
16which has written statements from an adopted or surrendered
17person and the birth parent or a birth sibling indicating a
18desire to share identifying information or establish contact
19shall supply such information to the mutually consenting
20parties, except that no identifying information shall be
21supplied to consenting birth siblings if any such sibling is
22under 21 years of age. However, both the Registry having an
23Information Exchange Authorization and the organization having
24a written statement requesting the sharing of identifying
25information or contact shall communicate with each other to
26determine if the adopted or surrendered person or the birth

 

 

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1parent or birth sibling has signed a form at a later date
2indicating a change in his or her desires regarding the
3sharing of information or contact.
4    (d) On and after January 1, 2000, any licensed child
5welfare agency which provides post-adoption search assistance
6to adoptive parents, adopted persons, surrendered persons,
7birth parents, or other birth relatives shall require that any
8person requesting post-adoption search assistance complete an
9Illinois Adoption Registry Application prior to the
10commencement of the search. However, former youth in care as
11defined in Section 4d of the Children and Family Services Act
12who have been surrendered or adopted who are (i) between the
13ages of 18 and 21 and who are seeking contact or an exchange of
14information with siblings, birth relatives, former foster
15parents, or former foster siblings or (ii) over the age of 21
16who are seeking contact with former foster parents or former
17foster siblings shall not be required to complete an Illinois
18Adoption Registry Application prior to commencement of the
19search, provided that the search is performed consistent with
20applicable Sections of this Act.
21    (e) A confidential intermediary shall be permitted to
22access records of closed child welfare agencies that are
23housed in the State Central Storage, in addition to the
24information allowed to be requested in paragraph (g) from
25adoption agencies, if the petitioner is an adult adopted or
26surrendered person, or the adoptive parent of an adult adopted

 

 

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1person under the age of 21, or the adoptive parent of a
2deceased adopted or surrendered person, and the confidential
3intermediary may request any non-identifying information,
4including any available medical information about the adopted
5or surrendered person from birth through adoption, any
6non-identifying information described in Section 18.4, and the
718.3 statement.
8(Source: P.A. 102-825, eff. 7-1-23.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.