HB5949 EngrossedLRB098 20304 HEP 55745 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 Sections
518.05, 18.06, 18.08, 18.1, 18.1a, 18.1b, 18.2, and 18.3a as
6follows:
 
7    (750 ILCS 50/18.05)
8    Sec. 18.05. The Illinois Adoption Registry and Medical
9Information Exchange.
10    (a) General function. Subject to appropriation, the
11Department of Public Health shall administer the Illinois
12Adoption Registry and Medical Information Exchange in the
13manner outlined in subsections (b) and (c) for the purpose of
14facilitating the voluntary exchange of identifying and medical
15information between mutually consenting members of birth and
16adoptive families. The Department shall establish rules for the
17confidential operation of the Illinois Adoption Registry. For
18The Department shall appoint an OBC-Access Public Information
19Campaign Oversight Committee comprised of, but not limited to,
20representatives of the Department of Public Health and the
21Department of Children and Family Services, as well as
22representatives of the organizations that serve, as of the
23effective date of this amendatory Act of the 96th General

 

 

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1Assembly, on the Illinois Adoption Registry Advisory Council or
2the Confidential Intermediary Advisory Council. On and after
3the effective date of this amendatory Act of the 96th General
4Assembly, the OBC-Access Public Information Campaign Oversight
5Committee shall develop and ensure the timely implementation of
6a year-long, nationwide campaign to be conducted from November
71, 2010, through October 31, 2011, for the express purpose of
8informing the public in earnest about the conditions under
9which an adult adopted or surrendered person may receive a
10non-certified copy of his or her original birth certificate,
11and the procedures pursuant to which a birth parent may file a
12Birth Parent Preference Form to express his or her wishes with
13respect to contact with a surrendered son or daughter and the
14release of identifying information that appears on the original
15birth certificate provide notices enclosed with driver's
16license renewal applications issued by the Secretary of State's
17office through November 30, 2020. This year-long informational
18campaign shall include, but not be limited to:
19        (1) Public service announcements to be distributed to
20    local and national radio and television stations.
21        (2) Notices to be distributed throughout Illinois to
22    physicians' offices, religious institutions, social
23    welfare organizations, retirement homes, and other
24    entities capable of reaching individuals who may be
25    impacted by this change in the law.
26        (3) An informational website exclusively devoted to

 

 

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1    providing the general public with information about the new
2    law as well as other forms of free electronic media.
3        (4) Press releases to be distributed to local and
4    national radio and television stations, as well as to
5    relevant websites.
6        (5) Announcements about the new law to be posted on the
7    websites of all adoption agencies licensed in the State.
8        (6) Notices accompanying every vehicle registration
9    renewal application issued by the Secretary of State's
10    office between October 31, 2010, and November 1, 2011.
11        (7) Notices enclosed with driver's license renewal
12    applications issued by the Secretary of State's office
13    beginning 30 days after the effective date of this
14    amendatory Act of the 96th General Assembly and through
15    November 30, 2014.
16    The Illinois Adoption Registry shall also maintain an
17informational Internet site where interested parties may
18access information about the Illinois Adoption Registry and
19Medical Information Exchange and download all necessary
20application forms. The Illinois Adoption Registry shall
21maintain statistical records regarding Registry participation
22and publish and circulate to the public informational material
23about the function and operation of the Registry.
24    (b) Establishment of the Adoption/Surrender Records File.
25When a person has voluntarily registered with the Illinois
26Adoption Registry and completed an Illinois Adoption Registry

 

 

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1Application or a Registration Identification Form, the
2Registry shall establish a new Adoption/Surrender Records
3File. Such file may concern an adoption that was finalized by a
4court action in the State of Illinois, an adoption of a person
5born in Illinois finalized by a court action in a state other
6than Illinois or in a foreign country, a surrender taken in the
7State of Illinois, or an adoption filed according to Section
816.1 of the Vital Records Act under a Record of Foreign Birth
9that was not finalized by a court action in the State of
10Illinois. Such file may be established for adoptions or
11surrenders finalized prior to as well as after the effective
12date of this amendatory Act. A file may be created in any
13manner to preserve documents including but not limited to
14microfilm, optical imaging, or electronic documents.
15    (c) Contents of the Adoption/Surrender Records File. An
16established Adoption/Surrender Records File shall be limited
17to the following items, to the extent that they are available:
18        (1) The General Information Section and Medical
19    Information Exchange Questionnaire of any Illinois
20    Adoption Registry Application or a Registration
21    Identification Form which has been voluntarily completed
22    by any registered party.
23        (2) Any photographs voluntarily provided by any
24    registrant for any other registered party at the time of
25    registration or any time thereafter. All such photographs
26    shall be submitted in an unsealed envelope no larger than 8

 

 

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1    1/2" x 11", and shall not include identifying information
2    pertaining to any person other than the registrant who
3    submitted them. Any such identifying information shall be
4    redacted by the Department or the information shall be
5    returned for removal of identifying information.
6        (3) Any Information Exchange Authorization, Denial of
7    Information Exchange, or Birth Parent Preference Form
8    which has been filed by a registrant.
9        (4) For all adoptions finalized after January 1, 2000,
10    copies of the original certificate of live birth and the
11    certificate of adoption.
12        (5) Any updated address submitted by any registered
13    party about himself or herself.
14        (6) Any proof of death that has been submitted by a
15    registrant.
16        (7) Any birth certificate that has been submitted by a
17    registrant.
18        (8) Any marriage certificate that has been submitted by
19    a registrant.
20        (9) Any proof of guardianship that has been submitted
21    by a registrant.
22        (10) Any Request for a Non-Certified Copy of an
23    Original Birth Certificate that has been filed with the
24    Registry by an adult adopted or surrendered person or by a
25    surviving adult child or surviving spouse of a deceased
26    adopted or surrendered person who has registered with the

 

 

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1    Registry.
2    (d) An established Adoption/Surrender Records File for an
3adoption filed in Illinois under a Record of Foreign Birth that
4was not finalized in a court action in the State of Illinois
5shall be limited to the following items submitted to the State
6Registrar of Vital Records under Section 16.1 of the Vital
7Records Act, to the extent that they are available:
8        (1) Evidence as to the child's birth date and
9    birthplace (including the country of birth and, if
10    available, the city and province of birth) provided by the
11    original birth certificate, or by a certified copy,
12    extract, or translation thereof or by other document
13    essentially equivalent thereto (the records of the U.S.
14    Citizenship and Immigration Services or of the U.S.
15    Department of State to be considered essentially
16    equivalent thereto).
17        (2) A certified copy, extract, or translation of the
18    adoption decree or other document essentially equivalent
19    thereto (the records of the U.S. Citizenship and
20    Immigration Services or of the U.S. Department of State to
21    be considered essentially equivalent thereto).
22        (3) A copy of the IR-3 or IH-3 visa.
23        (4) The name and address of the adoption agency that
24    handled the adoption.
25(Source: P.A. 96-895, eff. 5-21-10; 97-445, eff. 8-19-11.)
 

 

 

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1    (750 ILCS 50/18.06)
2    Sec. 18.06. Definitions. When used in Sections 18.05
3through Section 18.6, for the purposes of the Registry:
4    "Adopted person" means a person who was adopted pursuant to
5the laws in effect at the time of the adoption.
6    "Adoptive parent" means a person who has become a parent
7through the legal process of adoption.
8    "Adult child" means the biological child 21 years of age or
9over of a deceased adopted or surrendered person.
10    "Adult grandchild" means the biological grandchild 21
11years of age or over of a deceased adopted or surrendered
12person.
13    "Adult Adopted or Surrendered Person" means an adopted or
14surrendered person 21 years of age or over.
15    "Agency" means a public child welfare agency or a licensed
16child welfare agency.
17    "Birth aunt" means the adult full or half sister of a
18deceased birth parent.
19    "Birth father" means the biological father of an adopted or
20surrendered person who is named on the original certificate of
21live birth or on a consent or surrender document, or a
22biological father whose paternity has been established by a
23judgment or order of the court, pursuant to the Illinois
24Parentage Act of 1984.
25    "Birth mother" means the biological mother of an adopted or
26surrendered person.

 

 

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1    "Birth parent" means a birth mother or birth father of an
2adopted or surrendered person.
3    "Birth Parent Preference Form" means the form prepared by
4the Department of Public Health pursuant to Section 18.2
5completed by a birth parent registrant and filed with the
6Registry that indicates the birth parent's preferences
7regarding contact and, if applicable, the release of his or her
8identifying information on the non-certified copy of the
9original birth certificate released to an adult adopted or
10surrendered person or to the surviving adult child or surviving
11spouse of a deceased adopted or surrendered person who has
12filed a Request for a Non-Certified Copy of an Original Birth
13Certificate.
14    "Birth relative" means a birth mother, birth father, birth
15sibling, birth aunt, or birth uncle.
16    "Birth sibling" means the adult full or half sibling of an
17adopted or surrendered person.
18    "Birth uncle" means the adult full or half brother of a
19deceased birth parent.
20    "Confidential intermediary" means an individual certified
21by the Department of Children and Family Services pursuant to
22Section 18.3a(e).
23    "Denial of Information Exchange" means an affidavit
24completed by a registrant with the Illinois Adoption Registry
25and Medical Information Exchange denying the release of
26identifying information which has been filed with the Registry.

 

 

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1    "Information Exchange Authorization" means an affidavit
2completed by a registrant with the Illinois Adoption Registry
3and Medical Information Exchange authorizing the release of
4identifying information which has been filed with the Registry.
5    "Medical Information Exchange Questionnaire" means the
6medical history questionnaire completed by a registrant of the
7Illinois Adoption Registry and Medical Information Exchange.
8    "Non-certified Copy of the Original Birth Certificate"
9means a non-certified copy of the original certificate of live
10birth of an adult adopted or surrendered person who was born in
11Illinois.
12    "Proof of death" means a death certificate.
13    "Registrant" or "Registered Party" means a birth parent,
14birth sibling, birth aunt, birth uncle, adopted or surrendered
15person 21 years of age or over, adoptive parent or legal
16guardian of an adopted or surrendered person under the age of
1721, or adoptive parent, surviving spouse, or adult child of a
18deceased adopted or surrendered person who has filed an
19Illinois Adoption Registry Application or Registration
20Identification Form with the Registry.
21    "Registry" means the Illinois Adoption Registry and
22Medical Information Exchange.
23    "Request for a Non-Certified Copy of an Original Birth
24Certificate" means an affidavit completed by an adult adopted
25or surrendered person or by the surviving adult child or
26surviving spouse of a deceased adopted or surrendered person

 

 

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1and filed with the Registry requesting a non-certified copy of
2an adult adopted or surrendered person's original certificate
3of live birth in Illinois.
4    "Surrendered person" means a person whose parents' rights
5have been surrendered or terminated but who has not been
6adopted.
7    "Surviving spouse" means the wife or husband, 21 years of
8age or older, of a deceased adopted or surrendered person who
9would be 21 years of age or older if still alive and who has one
10or more surviving biological children who are under the age of
1121.
12    "18.3 Statement" means a statement regarding the
13disclosure of identifying information signed by a birth parent
14under Section 18.3 of this Act as it existed immediately prior
15to the effective date of this amendatory Act of the 96th
16General Assembly.
17(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
18    (750 ILCS 50/18.08)
19    Sec. 18.08. Adoption Registry-Confidential Intermediary
20Advisory Council.
21    (a) There shall be established under the Department of
22Public Health and the Department of Children and Family
23Services the Adoption Registry-Confidential Intermediary
24Advisory Council. The Council shall include:
25        (1) the Director of the Department of Public Health, or

 

 

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1    his or her designee, who shall serve as the co-chairperson
2    of the Council;
3        (2) the Director of the Department of Children and
4    Family Services, or his or her designee, who shall serve as
5    the co-chairperson of the Council;
6        (3) an attorney representing the Attorney General's
7    Office appointed by the Attorney General;
8        (4) a currently certified confidential intermediary
9    appointed by the Director of the Department of Children and
10    Family Services;
11        (5) one representative from each of the following
12    organizations appointed by the Director of the Department
13    of Public Health: Adoption Advocates of America, Adoptive
14    Families Today, Catholic Conference of Illinois, Chicago
15    Area Families for Adoption, Chicago Bar Association, Child
16    Care Association of Illinois, Children Remembered, Inc.,
17    Children's Home and Aid Society of Illinois, Child Welfare
18    Advisory Council, The Cradle, Healing Hearts, Illinois
19    Foster Parents Association, Illinois State Bar
20    Association, Illinois State Medical Society, Jewish
21    Children's Bureau, LDS Social Services, Lutheran Social
22    Services of Illinois, Maryville Academy, Midwest Adoption
23    Center, St. Mary's Services, Stars of David, and
24    Truthseekers in Adoption, and White Oak Foundation;
25        (6) 5 additional members appointed by the Director of
26    the Department of Children and Family Services who shall,

 

 

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1    when making those appointments, consider advocates for
2    adopted persons, adoptive parents, or birth parents,
3    lawyers who represent clients in private adoptions,
4    lawyers specializing in privacy law, and representatives
5    of agencies involved in adoptions;
6        (7) an attorney from the Department of Children and
7    Family Services, who shall serve as an ex-officio,
8    non-voting advisor to the Council; and
9        (8) the person directly responsible for administering
10    the confidential intermediary program, who shall serve as
11    an ex-officio, non-voting advisor to the Council.
12    (b) If any one of the named organizations in item (5) of
13subsection (a) notifies the Director of the Department of
14Public Health or the Director of the Department of Children and
15Family Services in writing that the organization does not wish
16to participate on the Adoption Registry-Confidential
17Intermediary Advisory Council or that the organization is no
18longer functioning, the Directors may designate another
19organization that represents the same constituency as the named
20organization to replace the named organization on the Council.
21    (c) Council members shall receive no compensation for their
22service. The Council shall meet no less often than once every 6
23months and shall meet as the Director of the Department of
24Public Health or the Director of the Department of Children and
25Family Services deems necessary. The Council shall have only an
26advisory role to the Directors and may make recommendations to

 

 

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1the pertinent Department regarding the development of rules,
2procedures, and forms that will promote the efficient and
3effective operation of (i) the Illinois Adoption Registry, (ii)
4the Office of Vital Records as it pertains to the Registry and
5to access to the non-certified copy of the original birth
6certificate, and (iii) the Confidential Intermediary Program
7in Illinois. The Council will also serve in an advisory
8capacity regarding the effective delivery of adult
9post-adoption services in Illinois, including:
10        (1) advising the Department of Public Health on the
11    development of rules, procedures, and forms utilized by the
12    Illinois Adoption Registry and Medical Information
13    Exchange;
14        (2) making recommendations regarding the procedures,
15    tools, and technology that will promote efficient and
16    effective operation of the Registry;
17        (3) assisting the Department of Public Health with the
18    development, publication, and circulation of an
19    informational pamphlet that describes the purpose,
20    function, and mechanics of the Illinois Adoption Registry
21    and Medical Information Exchange, including information
22    about who is eligible to register and how to register;
23    information about the questions and concerns that
24    registrants may develop when they register or when they
25    receive information from the Registry; and a list of
26    services, programs, groups, and informational websites

 

 

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1    that are available to assist registrants with their
2    questions and concerns;
3        (4) collecting, compiling, and reviewing statistical
4    data and empirical information concerning the procedures
5    in the Registry including, but not limited to, data
6    concerning the filing of Denials of Information Exchange,
7    Information Exchange Authorizations, Requests for a
8    Non-Certified Copy of an Original Birth Certificate, and
9    Birth Parent Preference Forms;
10        (5) making recommendations to the Director of the
11    Department of Children and Family Services regarding the
12    standards for certification for confidential
13    intermediaries;
14        (6) making recommendations to the Director of the
15    Department of Children and Family Services concerning
16    oversight methods used to verify that intermediaries are
17    complying with the appropriate laws;
18        (7) assisting the Department of Children and Family
19    Services with training for confidential intermediaries,
20    including training with respect to federal and State
21    privacy laws;
22        (8) reviewing the relationship between confidential
23    intermediaries and the court system and making
24    recommendations to the Director of the Department of
25    Children and Family Services concerning sample orders that
26    define the scope of the intermediaries' access to

 

 

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1    information;
2        (9) considering any recent violations of policy or
3    procedures by confidential intermediaries and remedial
4    steps, including decertification, which might be
5    recommended to the Director of the Department of Children
6    and Family Services so as to prevent future violations; and
7        (10) reviewing reports from the Department of Children
8    and Family Services submitted by July 1 and January 1 of
9    each year in order detailing the penalties assessed and
10    collected, the amounts of related deposits into the DCFS
11    Children's Services Fund, and any expenditures from such
12    deposits.
13    (d) Within 45 days after the effective date of this
14amendatory Act of the 97th General Assembly, both the Adoption
15Registry Advisory Council and the Confidential Intermediary
16Council shall, notwithstanding any other provision of this Act,
17turn over the Council's records to the Adoption
18Registry-Confidential Intermediary Advisory Council and cease
19to function.
20(Source: P.A. 97-1063, eff. 1-1-13.)
 
21    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
22    Sec. 18.1. Disclosure of identifying information.
23    (a) The Department of Public Health shall establish and
24maintain a Registry for the purpose of allowing mutually
25consenting members of birth and adoptive families to exchange

 

 

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1identifying and medical information. Identifying information
2for the purpose of this Act shall mean any one or more of the
3following:
4        (1) The name and last known address of the consenting
5    person or persons.
6        (2) A copy of the Illinois Adoption Registry
7    Application of the consenting person or persons.
8        (3) A non-certified copy of the original birth
9    certificate of an adult adopted or surrendered person.
10    (b) Written authorization from all parties identified must
11be received prior to disclosure of any identifying information,
12with the exception of non-certified copies of original birth
13certificates released to adult adopted or surrendered persons
14or to surviving adult children and surviving spouses of
15deceased adopted or surrendered persons pursuant to the
16procedures outlined in Section 18.1b(e).
17    (c) At any time after a child is surrendered for adoption,
18or at any time during the adoption proceedings or at any time
19thereafter, either birth parent or both of them may file with
20the Registry a Birth Parent Registration Identification Form.
21    (d) A birth sibling 21 years of age or over who was not
22surrendered for adoption and who has submitted a copy of his or
23her birth certificate as well as proof of death for a deceased
24birth parent and such birth parent did not file a Denial of
25Information Exchange or a Birth Parent Preference Form on which
26Option E was selected with the Registry prior to his or her

 

 

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1death may file a Registration Identification Form and an
2Information Exchange Authorization or a Denial of Information
3Exchange.
4    (e) A birth aunt or birth uncle who has submitted birth
5certificates for himself or herself and for a deceased birth
6parent naming at least one common biological parent as well as
7proof of death for the deceased birth parent and such birth
8parent did not file a Denial of Information Exchange or a Birth
9Parent Preference Form on which Option E was selected with the
10Registry prior to his or her death may file a Registration
11Identification Form and an Information Exchange Authorization
12or a Denial of Information Exchange.
13    (f) Any adopted person 21 years of age or over, any
14surrendered person 21 years of age or over, or any adoptive
15parent or legal guardian of an adopted or surrendered person
16under the age of 21 may file with the Registry a Registration
17Identification Form and an Information Exchange Authorization
18or a Denial of Information Exchange.
19    (g) Any adult child or adult grandchild 21 years of age or
20over of a deceased adopted or surrendered person who has
21submitted a copy of his or her birth certificate naming an
22adopted or surrendered person as his or her biological parent
23as well as proof of death for the deceased adopted or
24surrendered person and such adopted or surrendered person did
25not file a Denial of Information Exchange with the Registry
26prior to his or her death may file a Registration

 

 

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1Identification Form and an Information Exchange Authorization
2or a Denial of Information Exchange.
3    (h) Any surviving spouse of a deceased adopted or
4surrendered person 21 years of age or over who has submitted
5proof of death for the deceased adopted or surrendered person
6and such adopted or surrendered person did not file a Denial of
7Information Exchange with the Registry prior to his or her
8death as well as a birth certificate naming themselves and the
9adopted or surrendered person as the parents of a minor child
10under the age of 21 may file a Registration Identification Form
11and an Information Exchange Authorization or a Denial of
12Information Exchange.
13    (i) Any adoptive parent or legal guardian of a deceased
14adopted or surrendered person who is 21 years of age or over
15who has submitted proof of death as well as proof of parentage
16or guardianship for the deceased adopted or surrendered person
17and such adopted or surrendered person did not file a Denial of
18Information Exchange with the Registry prior to his or her
19death may file a Registration Identification Form and an
20Information Exchange Authorization or a Denial of Information
21Exchange.
22    (j) The Department of Public Health shall supply to the
23adopted or surrendered person or his or her adoptive parents,
24legal guardians, adult children, adult grandchildren, or
25surviving spouse, and to the birth parents identifying
26information only if both the adopted or surrendered person, or

 

 

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1one of his or her adoptive parents, legal guardians, adult
2children, adult grandchildren, or his or her surviving spouse,
3and the birth parents have filed with the Registry an
4Information Exchange Authorization or a Birth Parent
5Preference Form on which Option A, B, or C was selected and the
6information at the Registry indicates that the consenting
7adopted or surrendered person, the child of the consenting
8adoptive parents or legal guardians, the parent of the
9consenting adult child of the adopted or surrendered person, or
10the deceased wife or husband of the consenting surviving spouse
11is the child of the consenting birth parents, except
12identifying information that appears on a non-certified copy of
13an original birth certificate may be provided to an adult
14adopted or surrendered person or to the surviving adult child,
15adult grandchild, or surviving spouse of a deceased adopted or
16surrendered person pursuant to the procedures outlined in
17Section 18.1b(e) of this Act.
18    The Department of Public Health shall supply to adopted or
19surrendered persons who are birth siblings identifying
20information only if both siblings have filed with the Registry
21an Information Exchange Authorization and the information at
22the Registry indicates that the consenting siblings have one or
23both birth parents in common. Identifying information shall be
24supplied to consenting birth siblings who were adopted or
25surrendered if any such sibling is 21 years of age or over.
26Identifying information shall be supplied to consenting birth

 

 

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1siblings who were not adopted or surrendered if any such
2sibling is 21 years of age or over and has proof of death of the
3common birth parent and such birth parent did not file a Denial
4of Information Exchange or a Birth Parent Preference Form on
5which Option E was selected with the Registry prior to his or
6her death.
7    (k) The Department of Public Health shall supply to the
8adopted or surrendered person or his or her adoptive parents,
9legal guardians, adult children, adult grandchildren, or
10surviving spouse, and to a birth aunt identifying information
11only if both the adopted or surrendered person or one of his or
12her adoptive parents, legal guardians, adult children, adult
13grandchildren, or his or her surviving spouse, and the birth
14aunt have filed with the Registry an Information Exchange
15Authorization and the information at the Registry indicates
16that the consenting adopted or surrendered person, or the child
17of the consenting adoptive parents or legal guardians, or the
18parent of the consenting adult child, or the deceased wife or
19husband of the consenting surviving spouse of the adopted or
20surrendered person is or was the child of the brother or sister
21of the consenting birth aunt.
22    (l) The Department of Public Health shall supply to the
23adopted or surrendered person or his or her adoptive parents,
24legal guardians, adult children, adult grandchildren, or
25surviving spouse, and to a birth uncle identifying information
26only if both the adopted or surrendered person or one of his or

 

 

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1her adoptive parents, legal guardians, adult children, adult
2grandchildren, or his or her surviving spouse, and the birth
3uncle have filed with the Registry an Information Exchange
4Authorization and the information at the Registry indicates
5that the consenting adopted or surrendered person, or the child
6of the consenting adoptive parents or legal guardians, or the
7parent of the consenting adult child, or the deceased wife or
8husband of the consenting surviving spouse of the adopted or
9surrendered person is or was the child of the brother or sister
10of the consenting birth uncle.
11    (m) A registrant may notify the Registry of his or her
12desire not to have identifying information revealed or may
13revoke any previously filed Information Exchange Authorization
14by completing and filing with the Registry a Registry
15Identification Form along with a Denial of Information Exchange
16or, if applicable, a Birth Parent Preference Form. Any
17registrant, except a birth parent, may revoke his or her Denial
18of Information Exchange by filing an Information Exchange
19Authorization. A birth parent may revoke a Denial of
20Information Exchange by filing a Birth Parent Preference Form.
21Any birth parent who has previously filed a Birth Parent
22Preference Form where Option E was selected may revoke such
23preference by filing a subsequent Birth Parent Preference Form
24and selecting Option A, B, C, or D. The Department of Public
25Health shall act in accordance with the most recently filed
26affidavit.

 

 

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1    (n) Identifying information ascertained from the Registry
2shall be confidential and may be disclosed only (1) upon a
3Court Order, which order shall name the person or persons
4entitled to the information, or (2) to a registrant who is the
5subject of an Information Exchange Authorization or, if
6applicable, a Birth Parent Preference Form that was completed
7by another registrant and filed with the Illinois Adoption
8Registry and Medical Information Exchange, or (3) as authorized
9under subsection (h) of Section 18.3 of this Act, or (4)
10pursuant to the procedures outlined in Section 18.1b(e) of this
11Act. Any person who willfully provides unauthorized disclosure
12of any information filed with the Registry or who knowingly or
13intentionally files false information with the Registry shall
14be guilty of a Class A misdemeanor and shall be liable for
15damages.
16    (o) If information is disclosed pursuant to this Act, the
17Department shall redact it to remove any identifying
18information about any party who has not consented to the
19disclosure of such identifying information, or, in the case of
20identifying information on the original birth certificate,
21pursuant to Section 18.1b(e) of this Act.
22(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
23    (750 ILCS 50/18.1a)
24    Sec. 18.1a. Registry matches.
25    (a) The Registry shall release identifying information, as

 

 

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1specified on the applicant's Information Exchange
2Authorization or, if applicable, a Birth Parent Preference
3Form, to the following mutually consenting registered parties
4and provide them with any photographs or correspondence which
5have been placed in the Adoption/Surrender Records File and are
6specifically intended for the registered parties:
7        (i) an adult adopted or surrendered person and one of
8    his or her birth relatives who have both filed an
9    applicable Information Exchange Authorization or, if
10    applicable, a Birth Parent Preference Form specifying the
11    other consenting party with the Registry, if information
12    available to the Registry confirms that the consenting
13    adopted or surrendered person is biologically related to
14    the consenting birth relative;
15        (ii) the adoptive parent or legal guardian of an
16    adopted or surrendered person under the age of 21 and one
17    of the adopted or surrendered person's birth relatives who
18    have both filed an Information Exchange Authorization
19    specifying the other consenting party, or, if applicable, a
20    Birth Parent Preference Form, with the Registry, if
21    information available to the Registry confirms that the
22    child of the consenting adoptive parent or legal guardian
23    is biologically related to the consenting birth relative;
24    and
25        (iii) the adoptive parent, adult child, adult
26    grandchild, or surviving spouse of a deceased adopted or

 

 

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1    surrendered person, and one of the adopted or surrendered
2    person's birth relatives who have both filed an applicable
3    Information Exchange Authorization specifying the other
4    consenting party or, if applicable, a Birth Parent
5    Preference Form, with the Registry, if information
6    available to the Registry confirms that the child of the
7    consenting adoptive parent, the parent of the consenting
8    adult child or the deceased wife or husband of the
9    consenting surviving spouse of the adopted or surrendered
10    person was biologically related to the consenting birth
11    relative.
12    (b) If a registrant is the subject of a Denial of
13Information Exchange filed by another registered party or is an
14adopted or surrendered person, or the surviving relative of a
15deceased adopted or surrendered person, and a birth parent of
16the adopted or surrendered person completed a Birth Parent
17Preference Form and selected Option E, the Registry shall not
18release identifying information to either registrant or, if
19applicable, to an adopted person who has requested a copy of
20his or her original birth certificate, with the exception of
21non-certified copies of the original birth certificate
22released under Section 18.1b(e), and as to a birth parent who
23has prohibited release of identifying information on the
24original birth certificate to the adult adopted or surrendered
25person, upon the death of said birth parent.
26    (c) If a registrant has completed a Medical Information

 

 

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1Exchange Questionnaire and has consented to its disclosure,
2that Questionnaire shall be released to any registered party
3who has indicated their desire to receive such information on
4his or her Illinois Adoption Registry Application, if
5information available to the Registry confirms that the
6consenting parties are biologically related, that the
7consenting birth relative and the child of the consenting
8adoptive parents or legal guardians are birth relatives, or
9that the consenting birth relative and the deceased wife or
10husband of the consenting surviving spouse are birth relatives.
11(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
12    (750 ILCS 50/18.1b)
13    Sec. 18.1b. The Illinois Adoption Registry Application.
14The Illinois Adoption Registry Application shall substantially
15include the following:
16    (a) General Information. The Illinois Adoption Registry
17Application shall include the space to provide Information
18about the registrant including his or her surname, given name
19or names, social security number (optional), mailing address,
20home telephone number, gender, date and place of birth, and the
21date of registration. If applicable and known to the
22registrant, he or she may include the maiden surname of the
23birth mother, any subsequent surnames of the birth mother, the
24surname of the birth father, the given name or names of the
25birth parents, the dates and places of birth of the birth

 

 

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1parents, the surname and given name or names of the adopted
2person prior to adoption, the gender and date and place of
3birth of the adopted or surrendered person, the name of the
4adopted person following his or her adoption and the state and
5county where the judgment of adoption was finalized.
6    (b) Medical Information Exchange Questionnaire. In
7recognition of the importance of medical information and of
8recent discoveries regarding the genetic origin of many medical
9conditions and diseases all registrants shall be asked to
10voluntarily complete a Medical Information Exchange
11Questionnaire. The Medical Information Exchange Questionnaire
12shall include a comprehensive check-list of medical conditions
13and diseases including those of genetic origin.
14        (1) Birth relatives shall be asked to indicate all
15    genetically-inherited diseases and conditions on this list
16    which are known to exist in the adopted or surrendered
17    person's birth family at the time of registration. In
18    addition, all birth relatives shall be apprised of the
19    Registry's provisions for voluntarily submitting
20    information about their and their family's medical
21    histories on a confidential, ongoing basis.
22        (2) Adopted and surrendered persons and their adoptive
23    parents, legal guardians, adult children, adult
24    grandchildren, and surviving spouses shall be asked to
25    indicate all genetically-inherited diseases and medical
26    conditions with which the adopted or surrendered person or,

 

 

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1    if applicable, his or her children have been diagnosed
2    since birth.
3        (3) The Medical Information Exchange Questionnaire
4    shall include a space where the registrant may authorize
5    the release of the Medical Information Exchange
6    Questionnaire to specified registered parties and a
7    disclaimer informing registrants that the Department of
8    Public Health cannot guarantee the accuracy of medical
9    information exchanged through the Registry.
10    (c) Written statement. All registrants shall be given the
11opportunity to voluntarily file a written statement with the
12Registry. This statement shall be submitted in the space
13provided. No written statement submitted to the Registry shall
14include identifying information pertaining to any person other
15than the registrant who submitted it. Any such identifying
16information shall be redacted by the Department or returned for
17removal of identifying information.
18    (d) Exchange of information. All registrants except birth
19parents may indicate their wishes regarding contact and the
20exchange of identifying and/or medical information with any
21other registrant by completing an Information Exchange
22Authorization or a Denial of Information Exchange. Birth
23parents may indicate their wishes regarding contact by filing a
24Birth Parent Preference Form pursuant to the procedures
25outlined in this Section.
26        (1) Information Exchange Authorization. Adopted or

 

 

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1    surrendered persons 21 years of age or over who are
2    interested in exchanging identifying and/or medical
3    information or would welcome contact with one or more of
4    their birth relatives; birth siblings 21 years of age or
5    over who were adopted or surrendered and who are interested
6    in exchanging identifying and/or medical information or
7    would welcome contact with an adopted or surrendered
8    person, or one or more of his or her adoptive parents,
9    legal guardians, adult children, adult grandchildren, or a
10    surviving spouse; birth siblings 21 years of age or over
11    who were not surrendered and who have submitted proof of
12    death for any common birth parent who did not file a Denial
13    of Information Exchange or a Birth Parent Preference Form
14    on which Option E was selected prior to his or her death,
15    and who are interested in exchanging identifying and/or
16    medical information or would welcome contact with an
17    adopted or surrendered person, or one or more of his or her
18    adoptive parents, legal guardians, adult children, adult
19    grandchildren, or a surviving spouse; birth aunts and birth
20    uncles 21 years of age or over who have submitted birth
21    certificates for themselves and a deceased birth parent
22    naming at least one common biological parent as well as
23    proof of death for a deceased birth parent and who are
24    interested in exchanging identifying and/or medical
25    information or would welcome contact with an adopted or
26    surrendered person 21 years of age or over, or one or more

 

 

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1    of his or her adoptive parents, legal guardians, adult
2    children, adult grandchildren, or a surviving spouse;
3    adoptive parents or legal guardians of adopted or
4    surrendered persons under the age of 21 who are interested
5    in exchanging identifying and/or medical information or
6    would welcome contact with one or more of the adopted or
7    surrendered person's birth relatives; adoptive parents and
8    legal guardians of deceased adopted or surrendered persons
9    21 years of age or over who have submitted proof of death
10    for a deceased adopted or surrendered person who did not
11    file a Denial of Information Exchange prior to his or her
12    death and who are interested in exchanging identifying
13    and/or medical information or would welcome contact with
14    one or more of the adopted or surrendered person's birth
15    relatives; adult children of deceased adopted or
16    surrendered persons who have submitted a birth certificate
17    naming the adopted or surrendered person as their
18    biological parent, and, in the case of adult grandchildren,
19    their birth certificate and a birth certificate naming the
20    adopted or surrendered person as their parent's biological
21    parent, and proof of death for an adopted or surrendered
22    person who did not file a Denial of Information Exchange
23    prior to his or her death; and surviving spouses of
24    deceased adopted or surrendered persons who have submitted
25    a marriage certificate naming an adopted or surrendered
26    person as their deceased wife or husband and proof of death

 

 

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1    for an adopted or surrendered person who did not file a
2    Denial of Information Exchange prior to his or her death
3    and who are interested in exchanging identifying and/or
4    medical information or would welcome contact with one or
5    more of the adopted or surrendered person's birth relatives
6    may specify with whom they wish to exchange identifying
7    information by filing an Information Exchange
8    Authorization.
9        (2) Denial of Information Exchange. Adopted or
10    surrendered persons 21 years of age or over who do not wish
11    to exchange identifying information or establish contact
12    with one or more of their birth relatives may specify with
13    whom they do not wish to exchange identifying information
14    or do not wish to establish contact by filing a Denial of
15    Information Exchange. Birth relatives other than birth
16    parents who do not wish to establish contact with an
17    adopted or surrendered person or one or more of his or her
18    adoptive parents, legal guardians, or adult children or
19    adult grandchildren may specify with whom they do not wish
20    to exchange identifying information or do not wish to
21    establish contact by filing a Denial of Information
22    Exchange. Birth parents who wish to prohibit the release of
23    their identifying information on the original birth
24    certificate released to an adult adopted or surrendered
25    person who was born after January 1, 1946, or to the
26    surviving adult child, adult grandchild, or surviving

 

 

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1    spouse of a deceased adopted or surrendered person who was
2    born after January 1, 1946, may do so by filing a Denial
3    with the Registry on or before December 31, 2010. Adoptive
4    parents or legal guardians of adopted or surrendered
5    persons under the age of 21 who do not wish to establish
6    contact with one or more of the adopted or surrendered
7    person's birth relatives may specify with whom they do not
8    wish to exchange identifying information by filing a Denial
9    of Information Exchange. Adoptive parents, adult children,
10    adult grandchildren, and surviving spouses of deceased
11    adoptees who do not wish to exchange identifying
12    information or establish contact with one or more of the
13    adopted or surrendered person's birth relatives may
14    specify with whom they do not wish to exchange identifying
15    information or do not wish to establish contact by filing a
16    Denial of Information Exchange.
17        (3) Birth Parent Preference Form. Beginning January 1,
18    2011, birth parents who are eligible to register with the
19    Illinois Adoption Registry and Medical Information
20    Exchange and whose birth child was born on or after January
21    1, 1946 may communicate their wishes regarding contact or
22    may prohibit the release of identifying information on the
23    non-certified copy of the original birth certificate
24    released under subsection (e) of this Section by filing a
25    Birth Parent Preference Form with the Registry. Birth
26    parents whose birth child was born before January 1, 1946,

 

 

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1    may communicate their wishes regarding contact by
2    completing a Birth Parent Preference Form, selecting
3    Option A, B, C, or D, and filing the form with the
4    Registry, but may not prohibit the release of identifying
5    information. All Birth Parent Preference Forms on file with
6    the Registry at the time of receipt of a Request for a
7    Non-Certified Copy of an Original Birth Certificate from an
8    adult adopted or surrendered person or the surviving adult
9    child, surviving adult grandchild, or surviving spouse of a
10    deceased adopted or surrendered person shall be forwarded
11    to the relevant adopted or surrendered person or surviving
12    adult child, surviving adult grandchild, or surviving
13    spouse of a deceased adopted or surrendered person along
14    with a non-certified copy of the adopted or surrendered
15    person's original birth certificate as outlined in
16    subsection (e) of this Section.
17    (e) Procedures for requesting a non-certified copy of an
18original birth certificate by an adult adopted or surrendered
19person or by a surviving adult child, adult grandchild, or
20surviving spouse of a deceased adopted or surrendered person:
21        (1) On or after the effective date of this amendatory
22    Act of the 96th General Assembly, any adult adopted or
23    surrendered person who was born in Illinois prior to
24    January 1, 1946, may complete and file with the Registry a
25    Request for a Non-Certified Copy of an Original Birth
26    Certificate. The Registry shall provide such adult adopted

 

 

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1    or surrendered person with an unaltered, non-certified
2    copy of his or her original birth certificate upon receipt
3    of the Request for a Non-Certified Copy of an Original
4    Birth Certificate. Additionally, in cases where an adopted
5    or surrendered person born in Illinois prior to January 1,
6    1946, is deceased, and one of his or her surviving adult
7    children, adult grandchildren, or his or her surviving
8    spouse has registered with the Registry, he or she may
9    complete and file with the Registry a Request for a
10    Non-Certified Copy of an Original Birth Certificate. The
11    Registry shall provide such surviving adult child, adult
12    grandchild, or surviving spouse with an unaltered,
13    non-certified copy of the adopted or surrendered person's
14    original birth certificate upon receipt of the Request for
15    a Non-Certified Copy of an Original Birth Certificate.
16        (2) Beginning November 15, 2011, any adult adopted or
17    surrendered person who was born in Illinois on or after
18    January 1, 1946, may complete and file with the Registry a
19    Request for a Non-certified Copy of an Original Birth
20    Certificate. Additionally, in cases where the adopted or
21    surrendered person is deceased and one of his or her
22    surviving adult children, adult grandchildren, or his or
23    her surviving spouse has registered with the Registry, he
24    or she may complete and file with the Registry a Request
25    for a Non-Certified Copy of an Original Birth Certificate.
26    Upon receipt of such request from an adult adopted or

 

 

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1    surrendered person or from one of his or her surviving
2    adult children, adult grandchildren, or his or her
3    surviving spouse, the Registry shall:
4            (i) Determine if there is a Denial of Information
5        Exchange which was filed by a birth parent named on the
6        original birth certificate prior to January 1, 2011. If
7        a Denial was filed by a birth parent named on the
8        original birth certificate prior to January 1, 2011,
9        and there is no proof of death in the Registry file for
10        the birth parent who filed said Denial, the Registry
11        shall inform the requesting adult adopted or
12        surrendered person or the requesting surviving adult
13        child, adult grandchild, or surviving spouse of a
14        deceased adopted or surrendered person that they may
15        receive a non-certified copy of the original birth
16        certificate from which all identifying information
17        pertaining to the birth parent who filed the Denial has
18        been redacted. A requesting adult adopted or
19        surrendered person shall also be informed in writing of
20        his or her right to petition the court for the
21        appointment of a confidential intermediary pursuant to
22        Section 18.3a of this Act and, if applicable, to
23        conduct a search through an agency post-adoption
24        search program once 5 years have elapsed since the
25        birth parent filed the Denial of Information Exchange
26        with the Registry.

 

 

HB5949 Engrossed- 35 -LRB098 20304 HEP 55745 b

1            (ii) Determine if a birth parent named on the
2        original birth certificate has filed a Birth Parent
3        Preference Form. If one of the birth parents named on
4        the original birth certificate filed a Birth Parent
5        Preference Form and selected Option A, B, C, or D, the
6        Registry shall forward to the adult adopted or
7        surrendered person or to the surviving adult child,
8        adult grandchild, or surviving spouse of a deceased
9        adopted or surrendered person a copy of the Birth
10        Parent Preference Form along with an unaltered
11        non-certified copy of his or her original birth
12        certificate. If one of the birth parents named on the
13        original birth certificate filed a Birth Parent
14        Preference Form and selected Option E, and there is no
15        proof of death in the Registry file for the birth
16        parent who filed said Birth Parent Preference Form, the
17        Registry shall inform the requesting adult adopted or
18        surrendered person or the requesting surviving adult
19        child, adult grandchild, or surviving spouse of a
20        deceased adopted or surrendered person that he or she
21        may receive a non-certified copy of the original birth
22        certificate from which identifying information
23        pertaining to the birth parent who completed the Birth
24        Parent Preference Form has been redacted per the birth
25        parent's specifications on the Form. The Registry
26        shall forward to the adult adopted or surrendered

 

 

HB5949 Engrossed- 36 -LRB098 20304 HEP 55745 b

1        person or to the surviving adult child, adult
2        grandchild, or surviving spouse of a deceased adopted
3        or surrendered person a copy of the Birth Parent
4        Preference Form filed by the birth parent from which
5        identifying information has been redacted per the
6        birth parent's specifications on the Form. The
7        requesting adult adopted or surrendered person shall
8        also be informed in writing of his or her right to
9        petition the court for the appointment of a
10        confidential intermediary pursuant to Section 18.3a of
11        this Act, and, if applicable, to conduct a search
12        through an agency post-adoption search program once 5
13        years have elapsed since the birth parent filed the
14        Birth Parent Preference Form, on which Option E was
15        selected, with the Registry.
16            (iii) Determine if a birth parent named on the
17        original birth certificate has filed an Information
18        Exchange Authorization.
19            (iv) If the Registry has confirmed that a
20        requesting adult adopted or surrendered person or the
21        parent of a requesting adult child of a deceased
22        adopted or surrendered person or the husband or wife of
23        a requesting surviving spouse was not the object of a
24        Denial of Information Exchange filed by a birth parent
25        on or before December 31, 2010, and that no birth
26        parent named on the original birth certificate has

 

 

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1        filed a Birth Parent Preference Form where Option E was
2        selected prior to the receipt of a Request for a
3        Non-Certified Copy of an Original Birth Certificate,
4        the Registry shall provide the adult adopted or
5        surrendered person or his or her surviving adult child
6        or surviving spouse with an unaltered non-certified
7        copy of the adopted or surrendered person's original
8        birth certificate.
9        (3) In cases where the Registry receives a Birth Parent
10    Preference Form from a birth parent subsequent to the
11    release of the non-certified copy of the original birth
12    certificate to an adult adopted or surrendered person or to
13    the surviving adult child, adult grandchild, or surviving
14    spouse of a deceased adopted or surrendered person, the
15    Birth Parent Preference Form shall be immediately
16    forwarded to the adult adopted or surrendered person or to
17    the surviving adult child, adult grandchild, or surviving
18    spouse of the deceased adopted or surrendered person and
19    the birth parent who filed the form shall be informed that
20    the relevant original birth certificate has already been
21    released.
22        (4) A copy of the original birth certificate shall only
23    be released to adopted or surrendered persons who were born
24    in Illinois; to surviving adult children, adult
25    grandchildren, or surviving spouses of deceased adopted or
26    surrendered persons who were born in Illinois; or to 2

 

 

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1    registered parties who have both consented to the release
2    of a non-certified copy of the original birth certificate
3    to one another through the Registry when the birth of the
4    relevant adopted or surrendered person took place in
5    Illinois.
6        (5) In cases where the Registry receives a Request for
7    a Non-Certified Copy of an Original Birth Certificate from
8    an adult adopted or surrendered person who has not
9    completed a Registry application and the file of that
10    adopted or surrendered person includes an Information
11    Exchange Authorization, Birth Parent Preference Form, or
12    Medical Information Exchange Questionnaire from one or
13    more of his or her birth relatives, the Registry shall so
14    inform the adult adopted or surrendered person and forward
15    Registry application forms to him or her along with a
16    non-certified copy of the original birth certificate
17    consistent with the procedures outlined in this subsection
18    (e).
19        (6) In cases where a birth parent registered with the
20    Registry and filed a Medical Information Exchange
21    Questionnaire prior to the effective date of this
22    amendatory Act of the 96th General Assembly but gave no
23    indication as to his or her wishes regarding contact or the
24    sharing of identifying information, the Registry shall
25    contact the birth parent by written letter prior to January
26    1, 2011, and provide him or her with the opportunity to

 

 

HB5949 Engrossed- 39 -LRB098 20304 HEP 55745 b

1    indicate his or her preference regarding contact and the
2    sharing of identifying information by submitting a Birth
3    Parent Preference Form to the Registry prior to November 1,
4    2011.
5        (7) In cases where the Registry cannot locate a copy of
6    the original birth certificate in the Registry file, they
7    shall be authorized to request a copy of the original birth
8    certificate from the Illinois county where the birth took
9    place for placement in the Registry file.
10        (8) Adopted and surrendered persons who wish to have
11    their names placed with the Illinois Adoption Registry and
12    Medical Information Exchange may do so by completing a
13    Registry application at any time, but completing a Registry
14    application shall not be required for adopted and
15    surrendered persons who seek only to obtain a copy of their
16    original birth certificate or any relevant Birth Parent
17    Preference Forms through the Registry.
18        (9) In cases where a birth parent filed a Denial of
19    Information Exchange with the Registry prior to January 1,
20    2011, or filed a Birth Parent Preference Form with the
21    Registry and selected Option E after January 1, 2011, and a
22    proof of death for the birth parent who filed the Denial or
23    the Birth Parent Preference Form has been filed with the
24    Registry by a confidential intermediary, a surviving
25    relative of the deceased birth parent, or a birth child of
26    the deceased birth parent, the Registry shall be authorized

 

 

HB5949 Engrossed- 40 -LRB098 20304 HEP 55745 b

1    to release an unaltered non-certified copy of the original
2    birth certificate to an adult adopted or surrendered person
3    or to the surviving adult child, adult grandchild, or
4    surviving spouse of a deceased adopted or surrendered
5    person who has filed a Request for a Non-Certified Copy of
6    the Original Birth Certificate with the Registry.
7        (10) On and after the effective date of this amendatory
8    Act of the 96th General Assembly, in cases where all birth
9    parents named on the original birth certificate of an
10    adopted or surrendered person born after January 1, 1946,
11    are deceased and copies of death certificates for all birth
12    parents named on the original birth certificate have been
13    filed with the Registry by either a confidential
14    intermediary, a surviving relative of the deceased birth
15    parent, or a birth child of the deceased birth parent, the
16    Registry shall be authorized to release a non-certified
17    copy of the original birth certificate to the adopted or
18    surrendered person upon receipt of his or her Request for a
19    Non-Certified Copy of an Original Birth Certificate.
20    (f) A registrant may complete all or any part of the
21Illinois Adoption Registry Application. All Illinois Adoption
22Registry Applications, Information Exchange Authorizations,
23Denials of Information Exchange, requests to revoke an
24Information Exchange Authorization or Denial of Information
25Exchange, Birth Parent Preference Forms, and affidavits
26submitted to the Registry shall be accompanied by proof of

 

 

HB5949 Engrossed- 41 -LRB098 20304 HEP 55745 b

1identification.
2(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11;
397-333, eff. 8-12-11.)
 
4    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
5    Sec. 18.2. Forms.
6    (a) The Department shall develop the Illinois Adoption
7Registry forms as provided in this Section. The General
8Assembly shall reexamine the content of the form as requested
9by the Department, in consultation with the Registry Advisory
10Council. The form of the Birth Parent Registration
11Identification Form shall be substantially as follows:
12
BIRTH PARENT REGISTRATION IDENTIFICATION
13
(Insert all known information)
14I, ....., state that I am the ...... (mother or father) of the
15following child:
16    Child's original name: ..... (first) ..... (middle) .....
17        (last), ..... (hour of birth), ..... (date of birth),
18        ..... (city and state of birth), ..... (name of
19        hospital).
20    Father's full name: ...... (first) ...... (middle) .....
21        (last), ..... (date of birth), ..... (city and state of
22        birth).
23    Name of mother inserted on birth certificate: ..... (first)
24        ..... (middle) ..... (last), ..... (race), ..... (date
25        of birth), ...... (city and state of birth).

 

 

HB5949 Engrossed- 42 -LRB098 20304 HEP 55745 b

1That I surrendered my child to: ............. (name of agency),
2    ..... (city and state of agency), ..... (approximate date
3    child surrendered).
4That I placed my child by private adoption: ..... (date),
5    ...... (city and state).
6Name of adoptive parents, if known: ......
7Other identifying information: .....
8
........................
9
(Signature of parent)
10............                        ........................
11(date)                               (printed name of parent)
 
12    (b) The form of the Adopted Person Registration
13Identification shall be substantially as follows:
14
ADOPTED PERSON
15
REGISTRATION IDENTIFICATION
16
(Insert all known information)
17I, ....., state the following:
18    Adopted Person's present name: ..... (first) .....
19        (middle) ..... (last).
20    Adopted Person's name at birth (if known): ..... (first)
21        ..... (middle) ..... (last), ..... (birth date), .....
22        (city and state of birth), ...... (sex), ..... (race).
23    Name of adoptive father: ..... (first) ..... (middle) .....
24        (last), ..... (race).
25    Maiden name of adoptive mother: ..... (first) .....

 

 

HB5949 Engrossed- 43 -LRB098 20304 HEP 55745 b

1        (middle) ..... (last), ..... (race).
2    Name of birth mother (if known): ..... (first) .....
3        (middle) ..... (last), ..... (race).
4    Name of birth father (if known): ..... (first) .....
5        (middle) ..... (last), ..... (race).
6    Name(s) at birth of sibling(s) having a common birth parent
7        with adoptee (if known): ..... (first) ..... (middle)
8        ..... (last), ..... (race), and name of common birth
9        parent: ..... (first) ..... (middle) ..... (last),
10        ..... (race).
11I was adopted through: ..... (name of agency).
12I was adopted privately: ..... (state "yes" if known).
13I was adopted in ..... (city and state), ..... (approximate
14    date).
15Other identifying information: .............
16
......................
17
(signature of adoptee)
18...........                        .........................
19(date)                              (printed name of adoptee)
 
20    (c) The form of the Surrendered Person Registration
21Identification shall be substantially as follows:
22
SURRENDERED PERSON REGISTRATION
23
IDENTIFICATION
24
(Insert all known information)
25I, ....., state the following:

 

 

HB5949 Engrossed- 44 -LRB098 20304 HEP 55745 b

1    Surrendered Person's present name: ..... (first) .....
2        (middle) ..... (last).
3    Surrendered Person's name at birth (if known): .....
4        (first) ..... (middle) ..... (last), .....(birth
5        date), ..... (city and state of birth), ...... (sex),
6        ..... (race).
7    Name of guardian father: ..... (first) ..... (middle) .....
8        (last), ..... (race).
9    Maiden name of guardian mother: ..... (first) .....
10        (middle) ..... (last), ..... (race).
11    Name of birth mother (if known): ..... (first) .....
12        (middle) ..... (last) ..... (race).
13    Name of birth father (if known): ..... (first) .....
14        (middle) ..... (last), .....(race).
15    Name(s) at birth of sibling(s) having a common birth parent
16        with surrendered person (if known): ..... (first)
17        ..... (middle) ..... (last), ..... (race), and name of
18        common birth parent: ..... (first) ..... (middle)
19        ..... (last), ..... (race).
20I was surrendered for adoption to: ..... (name of agency).
21I was surrendered for adoption in ..... (city and state), .....
22    (approximate date).
23Other identifying information: ............
24
................................
25
(signature of surrendered person)
26............                          ......................

 

 

HB5949 Engrossed- 45 -LRB098 20304 HEP 55745 b

1(date)                (printed name of person
2                                                             surrendered for adoption)
 
3    (c-3) The form of the Registration Identification Form for
4Surviving Relatives of Deceased Birth Parents shall be
5substantially as follows:
6
REGISTRATION IDENTIFICATION FORM
7
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
8
(Insert all known information)
9I, ....., state the following:
10    Name of deceased birth parent at time of surrender:
11    Deceased birth parent's date of birth:
12    Deceased birth parent's date of death:
13    Adopted or surrendered person's name at birth (if known):
14        .....(first) ..... (middle) ..... (last), .....(birth
15        date), ..... (city and state of birth), ...... (sex),
16        ..... (race).
17My relationship to the adopted or surrendered person (check
18one): (birth parent's non-surrendered child) (birth parent's
19sister) (birth parent's brother).
 
20If you are a non-surrendered child of the birth parent, provide
21name(s) at birth and age(s) of non-surrendered siblings having
22a common parent with the birth parent. If more than one
23sibling, please give information requested below on reverse
24side of this form. If you are a sibling or parent of the birth

 

 

HB5949 Engrossed- 46 -LRB098 20304 HEP 55745 b

1parent, provide name(s) at birth and age(s) of the sibling(s)
2of the birth parent. If more than one sibling, please give
3information requested below on reverse side of this form.
4    Name (First) ..... (middle) ..... (last), .....(birth
5        date), ..... (city and state of birth), ...... (sex),
6        ..... (race).
7    Name(s) of common parent(s) (first) ..... (middle) .....
8        (last), .....(race), (first) ..... (middle) .....
9        (last), .....(race).
10My birth sibling/child of my brother/child of my sister/ was
11surrendered for adoption to ..... (name of agency) City and
12state of agency ..... Date .....(approximate) Other
13identifying information ..... (Please note that you must: (i)
14be at least 21 years of age to register; (ii) submit with your
15registration a certified copy of the birth parent's birth
16certificate; (iii) submit a certified copy of the birth
17parent's death certificate; and (iv) if you are a
18non-surrendered birth sibling or a sibling of the deceased
19birth parent, also submit a certified copy of your birth
20certificate with this registration. No application from a
21surviving relative of a deceased birth parent can be accepted
22if the birth parent filed a Denial of Information Exchange
23prior to his or her death.)
24
................................
25
(signature of birth parent's surviving relative)

 

 

 

HB5949 Engrossed- 47 -LRB098 20304 HEP 55745 b

1............                                     ............
2(date)                                (printed name of birth 
3                parent's surviving relative)
 
4    (c-5) The form of the Registration Identification Form for
5Surviving Relatives of Deceased Adopted or Surrendered Persons
6shall be substantially as follows:
7
REGISTRATION IDENTIFICATION FORM FOR
8
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
9
(Insert all known information)
10I, ....., state the following:
11    Adopted or surrendered person's name at birth (if known):
12        (first) ..... (middle) ..... (last), .....(birth
13        date), ..... (city and state of birth), ...... (sex),
14        ..... (race).
15    Adopted or surrendered person's date of death:
16My relationship to the deceased adopted or surrendered
17person(check one): (adoptive mother) (adoptive father) (adult
18child) (surviving spouse).
19If you are an adult child or surviving spouse of the adopted or
20surrendered person, provide name(s) at birth and age(s) of the
21children of the adopted or surrendered person. If the adopted
22or surrendered person had more than one child, please give
23information requested below on reverse side of this form.
24    Name (first) ..... (middle) ..... (last), .....(birth
25        date), ..... (city and state of birth), ...... (sex),

 

 

HB5949 Engrossed- 48 -LRB098 20304 HEP 55745 b

1        ..... (race).
2    Name(s) of common parent(s) (first) ..... (middle) .....
3        (last), .....(race), (first) ..... (middle) .....
4        (last), .....(race).
5    My child/parent/deceased spouse was surrendered for
6    adoption to .....(name of agency) City and state of agency
7    ..... Date ..... (approximate) Other identifying
8    information ..... (Please note that you must: (i) be at
9    least 21 years of age to register; (ii) submit with your
10    registration a certified copy of the adopted or surrendered
11    person's death certificate; (iii) if you are the child of a
12    deceased adopted or surrendered person, also submit a
13    certified copy of your birth certificate with this
14    registration; and (iv) if you are the surviving wife or
15    husband of a deceased adopted or surrendered person, also
16    submit a copy of your marriage certificate with this
17    registration. No application from a surviving relative of a
18    deceased adopted or surrendered person can be accepted if
19    the adopted or surrendered person filed a Denial of
20    Information Exchange prior to his or her death.)
21
................................
22
(signature of adopted or surrendered person's surviving
23        relative)
 
24............                                     ............

 

 

HB5949 Engrossed- 49 -LRB098 20304 HEP 55745 b

1(date)               (printed name of adopted
2                                                             person's surviving relative)
 
3    (d) The form of the Information Exchange Authorization
4shall be substantially as follows:
5
INFORMATION EXCHANGE AUTHORIZATION
6    I, ....., state that I am the person who completed the
7Registration Identification; that I am of the age of .....
8years; that I hereby authorize the Department of Public Health
9to give to the following person(s) (birth mother ) (birth
10father) (birth sibling) (adopted or surrendered person )
11(adoptive mother) (adoptive father) (legal guardian of an
12adopted or surrendered person) (birth aunt) (birth uncle)
13(adult child of a deceased adopted or surrendered person)
14(surviving spouse of a deceased adopted or surrendered person)
15(all eligible relatives) the following (please check the
16information authorized for exchange):
17        [  ]  1. Only my name and last known address.
18        [  ]  2. A copy of my Illinois Adoption Registry
19    Application.
20        [  ]  3. A non-certified copy of the adopted or
21    surrendered person's original certificate of live birth
22    (check only if you are an adopted or surrendered person or
23    the surviving adult child or surviving spouse of a deceased
24    adopted or surrendered person).
25        [  ]  4. A copy of my completed medical questionnaire.

 

 

HB5949 Engrossed- 50 -LRB098 20304 HEP 55745 b

1    I am fully aware that I can only be supplied with
2information about an individual or individuals who have duly
3executed an Information Exchange Authorization that has not
4been revoked or, if I am an adopted or surrendered person, from
5a birth parent who completed a Birth Parent Preference Form and
6did not prohibit the release of his or her identity to me; that
7I can be contacted by writing to: ..... (own name or name of
8person to contact) (address) (phone number).
9NOTE: New IARMIE registrants who do not complete a Medical
10Information Exchange Questionnaire and release a copy of their
11questionnaire to at least one Registry applicant must pay a $15
12registration fee.
13    Dated (insert date).
14                                                             ..............
15                                               (signature)
 
16    (e) The form of the Denial of Information Exchange shall be
17substantially as follows:
18
DENIAL OF INFORMATION EXCHANGE
19    I, ....., state that I am the person who completed the
20Registration Identification; that I am of the age of .....
21years; that I hereby instruct the Department of Public Health
22not to give any identifying information about me to the
23following person(s) (birth mother) (birth father) (birth
24sibling)(adopted or surrendered person)(adoptive mother)
25(adoptive father)(legal guardian of an adopted or surrendered

 

 

HB5949 Engrossed- 51 -LRB098 20304 HEP 55745 b

1person)(birth aunt)(birth uncle)(adult child of a deceased
2adopted or surrendered person) (surviving spouse of a deceased
3adopted or surrendered person) (all eligible relatives).
4    I do/do not (circle appropriate response) authorize the
5Registry to release a copy of my completed Medical Information
6Exchange Questionnaire to qualified Registry applicants. NOTE:
7New IARMIE registrants who do not complete a Medical
8Information Exchange Questionnaire and release a copy of their
9questionnaire to at least one Registry applicant must pay a $15
10registration fee. Birth parents filing a Denial of Information
11Exchange are advised that, under Illinois law, an adult adopted
12person may initiate a search for a birth parent who has filed a
13Denial of Information Exchange or Birth Parent Preference Form
14on which Option E was selected through the State confidential
15intermediary program once 5 years have elapsed since the filing
16of the Denial of Information Exchange or Birth Parent
17Preference Form.
18    Dated (insert date).
19                                                             ...............        
20                                      (signature)
 
21    (f) The form of the Birth Parent Preference Form shall be
22substantially as follows:
23    In recognition of the basic right of all persons to access
24their birth records, Illinois law now provides for the release
25of original birth certificates to adopted and surrendered

 

 

HB5949 Engrossed- 52 -LRB098 20304 HEP 55745 b

1persons 21 years of age or older upon request. While many birth
2parents are comfortable sharing their identities or initiating
3contact with their birth sons and daughters once they have
4reached adulthood, Illinois law also recognizes that there may
5be unique situations where a birth parent might have a
6compelling reason for not wishing to establish contact with a
7birth son or birth daughter or for not wishing to release
8identifying information that appears on the original birth
9certificate of a birth son or birth daughter who has reached
10adulthood. The Illinois Adoption Registry and Medical
11Information Exchange (IARMIE) has therefore established the
12attached form to allow birth parents to express their
13preferences regarding contact; and, if their birth child was
14born on or after January 1, 1946, to express their wishes
15regarding the sharing of identifying information listed on the
16original birth certificate with an adult adopted or surrendered
17person who has reached the age of 21 or his or her surviving
18relatives.
19    In selecting one of the 5 options below, birth parents
20should keep in mind that the decision to deny an adult adopted
21or surrendered person access to identifying information on his
22or her original birth record and/or information about
23genetically-transmitted diseases is an important decision that
24may impact the adopted or surrendered person's life in many
25ways. A request for anonymity on this form only pertains to
26information that is provided to an adult adopted or surrendered

 

 

HB5949 Engrossed- 53 -LRB098 20304 HEP 55745 b

1person or his or her surviving relatives through the Registry.
2This will not prevent the disclosure of identifying information
3that may be available to the adoptee through his or her
4adoptive parents and/or other means available to him or her.
5Birth parents who would prefer not to be contacted by their
6surrendered son or daughter are strongly urged to complete both
7the Non-Identifying Information Section included on the final
8page of the attached form and the Medical Questionnaire in
9order to provide their surrendered son or daughter with the
10background information he or she may need to better understand
11his or her origins. Birth parents whose birth son or birth
12daughter is under 21 years of age at the time of the completion
13of this form are reminded that no original birth certificate
14will be released by the IARMIE before an adoptee has reached
15the age of 21. Should you need additional assistance in
16completing this form, please contact the agency that handled
17the adoption, if applicable, or the Illinois Adoption Registry
18and Medical Information Exchange at 877-323-5299.
19    After careful consideration, I have made the following
20decision regarding contact with my birth son/birth daughter,
21(insert birth son's/birth daughter's name at birth, if
22applicable) ......, who was born in (insert city/town of birth)
23...... on (insert date of birth)...... and the release of my
24identifying information as it appears on his/her original birth
25certificate when he/she reaches the age of 21, and I have
26chosen Option ...... (insert A, B, C, D, or E, as applicable).

 

 

HB5949 Engrossed- 54 -LRB098 20304 HEP 55745 b

1I realize that this form must be accompanied by a completed
2IARMIE application form as well as a Medical Information
3Exchange Questionnaire or the $15 registration fee. I am also
4aware that I may revoke this decision at any time by completing
5a new Birth Parent Preference Form and filing it with the
6IARMIE. I understand that it is my responsibility to update the
7IARMIE with any changes to contact information provided below.
8I also understand that, while preferences regarding the release
9of identifying information through the Registry are binding
10unless the law should change in the future, any selection I
11have made regarding my preferred method of contact is not.
12...
13(Signature/Date)
 
14(Please insert your signature and today's date above, as well
15as under your chosen option, A, B, C, D, or E below.)
 
16Option A. My birth son or birth daughter was born on or after
17January 1, 1946, and I agree to the release of my identifying
18information as it appears on my birth son's/birth daughter's
19original birth certificate, OR my birth son or birth daughter
20was born prior to January 1, 1946. I would welcome direct
21contact with my birth son/birth daughter when he or she has
22reached the age of 21. In addition, before my birth son or
23birth daughter has reached the age of 21 or in the event of his
24or her death, I would welcome contact with the following

 

 

HB5949 Engrossed- 55 -LRB098 20304 HEP 55745 b

1relatives of my birth child (circle all that apply): adoptive
2mother, adoptive father, surviving spouse, surviving adult
3child. I wish to be contacted at the following mailing address,
4email address or phone number:
5..............................
6.............................................................
7.............................................................
8.............................................................
9(Signature/Date)
 
10Option B. My birth son or birth daughter was born on or after
11January 1, 1946, and I agree to the release of my identifying
12information as it appears on my birth son's/birth daughter's
13original birth certificate, OR my birth son or birth daughter
14was born prior to January 1, 1946. I would welcome contact with
15my birth son/birth daughter when he or she has reached the age
16of 21. In addition, before my birth son or birth daughter has
17reached the age of 21 or in the event of his or her death, I
18would welcome contact with the following relatives of my birth
19child (circle all that apply): adoptive mother, adoptive
20father, surviving spouse, surviving adult child. I would prefer
21to be contacted through the following person. (Insert name and
22mailing address, email address or phone number of chosen
23contact person.)
24............................................
25.............................................................

 

 

HB5949 Engrossed- 56 -LRB098 20304 HEP 55745 b

1(Signature/Date)
 
2Option C. My birth son or birth daughter was born on or after
3January 1, 1946, and I agree to the release of my identifying
4information as it appears on my birth son's/birth daughter's
5original birth certificate, OR my birth son or birth daughter
6was born prior to January 1, 1946. I would welcome contact with
7my birth son/birth daughter when he or she has reached the age
8of 21. In addition, before my birth son or birth daughter has
9reached the age of 21 or in the event of his or her death, I
10would welcome contact with the following relatives of my birth
11child (circle all that apply): adoptive mother, adoptive
12father, surviving spouse, surviving adult child. I would prefer
13to be contacted through the Illinois Confidential Intermediary
14Program (please call 800-526-9022 for additional information)
15or through the agency that handled the adoption. (Insert agency
16name, address and phone number, if applicable.)
17.............
18.............................................................
19(Signature/Date)
 
20Option D. My birth son or birth daughter was born on or after
21January 1, 1946, and I agree to the release of my identifying
22information as it appears on my birth son's/birth daughter's
23original birth certificate when he or she has reached the age
24of 21, OR my birth son or birth daughter was born prior to

 

 

HB5949 Engrossed- 57 -LRB098 20304 HEP 55745 b

1January 1, 1946. I would prefer not to be contacted by my birth
2son/birth daughter or his or her adoptive parents or surviving
3relatives.
4...................................................
5(Signature/Date)
 
6Option E. My birth son or birth daughter was born on or after
7January 1, 1946, and I wish to prohibit the release of my
8(circle ALL applicable options) first name, last name, last
9known address, birth son/birth daughter's last name (if last
10name listed is same as mine), as they appear on my birth
11son's/birth daughter's original birth certificate and do not
12wish to be contacted by my birth son/birth daughter when he or
13she has reached the age of 21. If there were any special
14circumstances that played a role in your decision to remain
15anonymous which you would like to share with your birth
16son/birth daughter, please list them in the space provided
17below (optional).
18...........................................
19.............................................................
20I understand that, although I have chosen to prohibit the
21release of my identity on the non-certified copy of the
22original birth certificate released to my birth son/birth
23daughter, he or she may request that a court-appointed
24confidential intermediary contact me to request updated
25medical information and/or confirm my desire to remain

 

 

HB5949 Engrossed- 58 -LRB098 20304 HEP 55745 b

1anonymous once 5 years have elapsed since the signing of this
2form; at the time of this subsequent search, I wish to be
3contacted through the person named below. (Insert in blank area
4below the name and phone number of the contact person, or leave
5it blank if you wish to be contacted directly.) I also
6understand that this request for anonymity shall expire upon my
7death.
8......................................................
9.............................................................
10(Signature/Date)
 
11NOTE: A copy of this form will be forwarded to your birth son
12or birth daughter should he or she file a request for his or
13her original birth certificate with the IARMIE. However, if you
14have selected Option E, identifying information, per your
15specifications above, will be deleted from the copy of this
16form forwarded to your birth son or daughter during your
17lifetime. In the event that an adopted or surrendered person is
18deceased, his or her surviving adult children may request a
19copy of the adopted or surrendered person's original birth
20certificate providing they have registered with the IARMIE; the
21copy of this form and the non-certified copy of the original
22birth certificate forwarded to the surviving child of the
23adopted or surrendered person shall be redacted per your
24specifications on this form during your lifetime.
25Non-Identifying Information Section

 

 

HB5949 Engrossed- 59 -LRB098 20304 HEP 55745 b

1I wish to voluntarily provide the following non-identifying
2information to my birth son or birth daughter:
3My age at the time of my child's birth was .........
4My race is best described as: ..........................
5My height is: .........
6My body type is best described as (circle one): slim, average,
7muscular, a few extra pounds, or more than a few extra pounds.
8My natural hair color is/was: ..................
9My eye color is: ..................
10My religion is best described as: ..................
11My ethnic background is best described as: ..................
12My educational level is closest to (circle applicable
13response): completed elementary school, graduated from
14high school, attended college, earned bachelor's degree,
15earned master's degree, earned doctoral degree.
16My occupation is best described as ..................
17My hobbies include ..................
18My interests include ..................
19My talents include ..................
20In addition to my surrendered son or daughter, I also
21am the biological parent of (insert number) ....... boys and
22(insert number) ....... girls, of whom (insert number) .......
23are still living.
24The relationship between me and my child's birth mother/birth
25father would best be described as (circle appropriate
26response): husband and wife, ex-spouses, boyfriend and

 

 

HB5949 Engrossed- 60 -LRB098 20304 HEP 55745 b

1girlfriend, casual acquaintances, other (please specify)
2..............
3    (g) The form of the Request for a Non-Certified Copy of an
4Original Birth Certificate shall be substantially as follows:
5
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
6
CERTIFICATE
7    I, (requesting party's full name) ....., hereby request a
8non-certified copy of (check appropriate option) ..... my
9original birth certificate ..... the original birth
10certificate of my deceased adopted or surrendered parent .....
11the original birth certificate of my deceased adopted or
12surrendered spouse (insert deceased parent's/deceased spouse's
13name at adoption) ...... I/my deceased parent/my deceased
14spouse was born in (insert city and county of adopted or
15surrendered person's birth) ..... on ..... (insert adopted or
16surrendered person's date of birth). In the event that one or
17both of my/my deceased parent's/my deceased spouse's birth
18parents has requested that their identity not be released to
19me/to my deceased parent/to my deceased spouse, I wish to
20(check appropriate option) ..... a. receive a non-certified
21copy of the original birth certificate from which identifying
22information pertaining to the birth parent who requested
23anonymity has been deleted; or ..... b. I do not wish to
24received an altered copy of the original birth certificate.
25    Dated (insert date).
26        ...................

 

 

HB5949 Engrossed- 61 -LRB098 20304 HEP 55745 b

1
(signature)
     

 
2    (h) Any Information Exchange Authorization, Denial of
3Information Exchange, or Birth Parent Preference Form filed
4with the Registry, or Request for a Non-Certified Copy of an
5Original Birth Certificate filed with the Registry by a
6surviving adult child or surviving spouse of a deceased adopted
7or surrendered person, shall be acknowledged by the person who
8filed it before a notary public, in form substantially as
9follows:
10State of ..............
11County of .............
12    I, a Notary Public, in and for the said County, in the
13State aforesaid, do hereby certify that ...............
14personally known to me to be the same person whose name is
15subscribed to the foregoing certificate of acknowledgement,
16appeared before me in person and acknowledged that (he or she)
17signed such certificate as (his or her) free and voluntary act
18and that the statements in such certificate are true.
19    Given under my hand and notarial seal on (insert date).
20
.........................
21
(signature)
     
 
22    (i) When the execution of an Information Exchange
23Authorization, Denial of Information Exchange, or Birth Parent
24Preference Form or Request for a Non-Certified Copy of an

 

 

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1Original Birth Certificate completed by a surviving adult child
2or surviving spouse of a deceased adopted or surrendered person
3is acknowledged before a representative of an agency, such
4representative shall have his signature on said Certificate
5acknowledged before a notary public, in form substantially as
6follows:
7State of..........
8County of.........
9    I, a Notary Public, in and for the said County, in the
10State aforesaid, do hereby certify that ..... personally known
11to me to be the same person whose name is subscribed to the
12foregoing certificate of acknowledgement, appeared before me
13in person and acknowledged that (he or she) signed such
14certificate as (his or her) free and voluntary act and that the
15statements in such certificate are true.
16    Given under my hand and notarial seal on (insert date).
17
.......................
18
(signature)
   
 
19    (j) When an Illinois Adoption Registry Application,
20Information Exchange Authorization, Denial of Information
21Exchange, Birth Parent Preference Form, or Request for a
22Non-Certified Copy of an Original Birth Certificate completed
23by a surviving adult child or surviving spouse of a deceased
24adopted or surrendered person is executed in a foreign country,
25the execution of such document shall be acknowledged or

 

 

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1affirmed before an officer of the United States consular
2services.
3    (k) If the person signing an Information Exchange
4Authorization, Denial of Information, Birth Parent Preference
5Form, or Request for a Non-Certified Copy of an Original Birth
6Certificate completed by a surviving adult child or surviving
7spouse of a deceased adopted or surrendered person is in the
8military service of the United States, the execution of such
9document may be acknowledged before a commissioned officer and
10the signature of such officer on such certificate shall be
11verified or acknowledged before a notary public or by such
12other procedure as is then in effect for such division or
13branch of the armed forces.
14    (l) An adopted or surrendered person, surviving adult
15child, adult grandchild, surviving spouse, or birth parent of
16an adult adopted person who completes a Request For a
17Non-Certified Copy of the Original Birth Certificate shall meet
18the same filing requirements and pay the same filing fees as a
19non-adopted person seeking to obtain a copy of his or her
20original birth certificate.
21    (m) Beginning on January 1, 2015, any birth parent of an
22adult adopted person named on the original birth certificate
23may request a non-certified copy of the original birth
24certificate reflecting the birth of the adult adopted person,
25provided that:
26        (1) any non-certified copy of the original birth

 

 

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1    certificate released under this subsection (m) shall not
2    reflect the State file number on the original birth
3    certificate; and
4        (2) if the Department of Public Health does not locate
5    the original birth certificate, it shall issue a
6    certification of no record found.
7(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
8    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
9    Sec. 18.3a. Confidential intermediary.
10    (a) General purposes. Notwithstanding any other provision
11of this Act,
12        (1) any adopted or surrendered person 21 years of age
13    or over; or ,
14        (2) any adoptive parent or legal guardian of an adopted
15    or surrendered person under the age of 21; or ,
16        (3) or any birth parent of an adopted or surrendered
17    person who is 21 years of age or over; or
18        (4) any adult child or adult grandchild of a deceased
19    adopted or surrendered person; or
20        (5) any adoptive parent or surviving spouse of a
21    deceased adopted or surrendered person; or
22        (6) any adult birth sibling of the adult adopted or
23    surrendered person unless the birth parent has checked
24    Option E on the Birth Parent Preference Form or has filed a
25    Denial of Information Exchange with the Registry and is not

 

 

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1    deceased; or
2        (7) any adult adopted birth sibling of an adult adopted
3    or surrendered person; or
4        (8) any adult birth sibling of the birth parent if the
5    birth parent is deceased
6may petition the court in any county in the State of Illinois
7for appointment of a confidential intermediary as provided in
8this Section for the purpose of exchanging medical information
9with one or more mutually consenting biological relatives,
10obtaining identifying information about one or more mutually
11consenting biological relatives, or arranging contact with one
12or more mutually consenting biological relatives. The
13petitioner Additionally, in cases where an adopted or
14surrendered person is deceased, an adult child of the adopted
15or surrendered person or his or her adoptive parents or
16surviving spouse may file a petition under this Section and in
17cases where the birth parent is deceased, an adult birth
18sibling of the adopted or surrendered person or of the deceased
19birth parent may file a petition under this Section for the
20purpose of exchanging medical information with one or more
21mutually consenting biological relatives of the adopted or
22surrendered person, obtaining identifying information about
23one or more mutually consenting biological relatives of the
24adopted or surrendered person, or arranging contact with one or
25more mutually consenting biological relatives of the adopted or
26surrendered person. Beginning January 1, 2006, any adopted or

 

 

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1surrendered person 21 years of age or over; any adoptive parent
2or legal guardian of an adopted or surrendered person under the
3age of 21; any birth parent, birth sibling, birth aunt, or
4birth uncle of an adopted or surrendered person over the age of
521; any surviving child, adoptive parent, or surviving spouse
6of a deceased adopted or surrendered person who wishes to
7petition the court for the appointment of a confidential
8intermediary shall be required to accompany his or her their
9petition with proof of registration with the Illinois Adoption
10Registry and Medical Information Exchange.
11    (b) Petition. Upon petition, by an adopted or surrendered
12person 21 years of age or over (an "adult adopted or
13surrendered person"), an adoptive parent or legal guardian of
14an adopted or surrendered person under the age of 21, or a
15birth parent of an adopted or surrendered person who is 21
16years of age or over, the court shall appoint a confidential
17intermediary. Upon petition by an adult child, adoptive parent
18or surviving spouse of an adopted or surrendered person who is
19deceased, by an adult birth sibling of an adopted or
20surrendered person whose common birth parent is deceased and
21whose adopted or surrendered birth sibling is 21 years of age
22or over, or by an adult sibling of a birth parent who is
23deceased, and whose surrendered child is 21 years of age or
24over, the court may appoint a confidential intermediary if the
25court finds that the disclosure is of greater benefit than
26nondisclosure. The petition shall state which biological

 

 

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1relative or relatives are being sought and shall indicate if
2the petitioner wants to do any one or more of the following as
3to the sought-after relative or relatives: exchange medical
4information with the biological relative or relatives, obtain
5identifying information from the biological relative or
6relatives, or to arrange contact with the biological relative.
7    (c) Order. The order appointing the confidential
8intermediary shall allow that intermediary to conduct a search
9for the sought-after relative by accessing those records
10described in subsection (g) of this Section.
11    (d) Fees and expenses. The court shall not condition the
12appointment of the confidential intermediary on the payment of
13the intermediary's fees and expenses in advance of the
14commencement of the work of the confidential intermediary. No
15fee shall be charged to any petitioner if the petitioner is an
16adult adopted or surrendered person and the sought-after
17relative is a birth parent who filed or who did not file a
18Denial with the Registry prior to January 1, 2011, or filed a
19Birth Parent Preference Form on which Option E was selected
20after January 1, 2011 and more than 5 years have transpired
21since the birth parent filed the Denial of Information Exchange
22or Birth Parent Preference Form on which Option E was selected.
23    (e) Eligibility of intermediary. The court may appoint as
24confidential intermediary any person certified by the
25Department of Children and Family Services as qualified to
26serve as a confidential intermediary. Certification shall be

 

 

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1dependent upon the confidential intermediary completing a
2course of training including, but not limited to, applicable
3federal and State privacy laws.
4    (f) (Blank).
5    (g)  Confidential intermediary access to information
6Access. Subject to the limitations of subsection (i) of this
7Section, the confidential intermediary shall have access to
8vital records or a comparable public entity that maintains
9vital records in another state in accordance with that state's
10laws, maintained by the Department of Public Health and its
11local designees for the maintenance of vital records, or a
12comparable public entity that maintains vital records in
13another state in accordance with that state's laws, and all
14records of the court or any adoption agency, public or private,
15as limited in this Section, which relate to the adoption or the
16identity and location of an adopted or surrendered person, of
17an adult child or surviving spouse of a deceased adopted or
18surrendered person, or of a birth parent, birth sibling, or the
19sibling of a deceased birth parent. The confidential
20intermediary shall not have access to any personal health
21information protected by the Standards for Privacy of
22Individually Identifiable Health Information adopted by the
23U.S. Department of Health and Human Services under the Health
24Insurance Portability and Accountability Act of 1996 unless the
25confidential intermediary has obtained written consent from
26the person whose information is being sought by an adult

 

 

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1adopted or surrendered person or, if that person is a minor
2child, that person's parent or guardian. Confidential
3intermediaries shall be authorized to inspect confidential
4relinquishment and adoption records. The confidential
5intermediary shall not be authorized to access medical records,
6financial records, credit records, banking records, home
7studies, attorney file records, or other personal records. In
8cases where a birth parent is being sought, an adoption agency
9shall inform the confidential intermediary of any statement
10filed pursuant to Section 18.3, hereinafter referred to as "the
1118.3 statement", indicating a desire of the surrendering birth
12parent to have identifying information shared or to not have
13identifying information shared. If there was a clear statement
14of intent by the sought-after birth parent not to have
15identifying information shared, the confidential intermediary
16shall discontinue the search and inform the petitioning party
17of the sought-after relative's intent unless the birth parent
18filed the 18.3 statement prior to the effective date of this
19amendatory Act of the 96th General Assembly and more than 5
20years have elapsed since the filing of the 18.3 statement. If
21the adult adopted or surrendered person is the subject of an
2218.3 statement indicating a desire not to establish contact
23which was filed more than 5 years prior to the search request,
24the confidential intermediary shall confirm the petitioner's
25desire to continue the search. Information provided to the
26confidential intermediary by an adoption agency shall be

 

 

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1restricted to the full name, date of birth, place of birth,
2last known address, last known telephone number of the
3sought-after relative or, if applicable, of the children or
4siblings of the sought-after relative, and the 18.3 statement.
5If the petitioner is an adult adopted or surrendered person or
6the adoptive parent of a minor and if the petitioner has signed
7a written authorization to disclose personal medical
8information, an adoption agency disclosing information to a
9confidential intermediary shall disclose available medical
10information about the adopted or surrendered person from birth
11through adoption.
12    (h) Missing or lost original birth certificate; remedy.
13Disclosure of information by the confidential intermediary
14shall be consistent with the public policy and intent of laws
15granting original birth certificate access as expressed in
16Section 18.04 of this Act. The confidential intermediary shall
17comply with the following procedures in disclosing information
18to the petitioners:
19         (1) If the petitioner is an adult adopted or
20    surrendered person, or the adult child, adult grandchild,
21    or surviving spouse of a deceased adopted or surrendered
22    person, the confidential intermediary shall disclose:
23            (A) identifying information about the birth parent
24        of the adopted person which, in the ordinary course of
25        business, would have been reflected on the original
26        filed certificate of birth, as of the date of birth,

 

 

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1        only if:
2                (i) the adopted person was born before January
3            1, 1946 and the petitioner has requested a
4            non-certified copy of the adopted person's
5            original birth certificate under Section 18.1 of
6            this Act, and the Illinois Department of Public
7            Health has issued a certification that the
8            original birth certificate was not found, or the
9            petitioner has presented the confidential
10            intermediary with the non-certified copy of the
11            original birth certificate which omits the name of
12            the birth parent;
13                (ii) the adopted person was born after January
14            1, 1946, and the petitioner has requested a
15            non-certified copy of the adopted person's
16            original birth certificate under Section 18.1 of
17            this Act and the Illinois Department of Public
18            Health has issued a certification that the
19            original birth certificate was not found.
20            In providing information pursuant to this
21        subdivision (h)(1)(A), the confidential intermediary
22        shall expressly inform the petitioner in writing that
23        since the identifying information is not from an
24        official original certificate of birth filed pursuant
25        to the Vital Records Act, the confidential
26        intermediary cannot attest to the complete accuracy of

 

 

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1        the information and the confidential intermediary
2        shall not be liable if the information disclosed is not
3        accurate. Only information from the court files shall
4        be provided to the petitioner in this Section. If the
5        identifying information concerning a birth father is
6        sought by the petitioner, the confidential
7        intermediary shall disclose only the identifying
8        information of the birth father as defined in Section
9        18.06 of this Act;
10            (B) the name of the child welfare agency which had
11        legal custody of the surrendered person or
12        responsibility for placing the surrendered person and
13        any available contact information for such agency;
14            (C) the name of the state in which the surrender
15        occurred or in which the adoption was finalized; and
16            (D) any information for which the sought-after
17        relative has provided his or her consent to disclose
18        under paragraphs (1) through (4) of subsection (i) of
19        this Section.
20        (2) If the petitioner is an adult adopted or
21    surrendered person, or the adoptive parent of an adult
22    adopted or surrendered person under the age of 21, or the
23    adoptive parent of a deceased adopted or surrendered
24    person, the confidential intermediary shall provide, in
25    addition to the information listed in paragraph (1) of this
26    subsection (h):

 

 

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1            (A) any information which the adoption agency
2        provides pursuant to subsection (i) of this Section
3        pertaining to medical information about the adopted or
4        surrendered person; and
5            (B) any non-identifying information, as defined in
6        Section 18.4 of this Act, that is obtained during the
7        search.
8        (3) If the petitioner is not defined in paragraph (1)
9    or (2) of this subsection, the confidential intermediary
10    shall provide to the petitioner:
11            (A) any information for which the sought-after
12        relative has provided his or her consent under
13        paragraphs (1) through (4) of subsection (i) of this
14        Section;
15            (B) the name of the child welfare agency which had
16        legal custody of the surrendered person or
17        responsibility for placing the surrendered person and
18        any available contact information for such agency; and
19            (C) the name of the state in which the surrender
20        occurred or in which the adoption was finalized.
21    Adoption agency disclosure of medical information. If the
22petitioner is an adult adopted or surrendered person or the
23adoptive parent of a minor and if the petitioner has signed a
24written authorization to disclose personal medical
25information, an adoption agency disclosing information to a
26confidential intermediary shall disclose available medical

 

 

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1information about the adopted or surrendered person from birth
2through adoption.
3    (h-5) Disclosure of information shall be made by the
4confidential intermediary at any time from the appointment of
5the confidential intermediary and the court's issuance of an
6order of dismissal.
7    (i) Duties of confidential intermediary in conducting a
8search. In conducting a search under this Section, the
9confidential intermediary shall first determine whether
10confirm that there is a no Denial of Information Exchange or a
11Birth Parent Preference Form with Option E selected or an 18.3
12statement referenced in subsection (g) of this Section on file
13with the Illinois Adoption Registry. If the petitioner is an
14adult child of an adopted or surrendered person who is
15deceased, the confidential intermediary shall additionally
16confirm that the adopted or surrendered person did not file a
17Denial of Information Exchange or a Birth Parent Preference
18Form with Option E selected with the Illinois Adoption Registry
19during his or her life. If there is a Denial on file with the
20Registry, the confidential intermediary must discontinue the
21search unless the petitioner is an adult adopted or surrendered
22person and the sought-after birth relative filed the Denial 5
23years or more prior to the search or the birth parent has not
24been the object of a search through the State confidential
25intermediary program for 10 or more years. If the petitioner is
26an adult adopted or surrendered person and there is a denial,

 

 

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1the Birth Parent Preference Form on file with the Registry and
2the birth parent who completed the form selected Option E, or
3if there is an 18.3 statement indicating the birth parent's
4intent not to have identifying information shared and the birth
5parent did not later file an Information Exchange Authorization
6with the Registry, the confidential intermediary must
7discontinue the search unless 5 years or more have elapsed
8since the execution filing of the Denial of Information
9Exchange, Birth Parent Preference Form, or the 18.3 statement.
10If the petitioner is an adult birth sibling of an adopted or
11surrendered person or an adult sibling of a birth parent who is
12deceased, the confidential intermediary shall additionally
13confirm that the birth parent did not file a Denial of
14Information Exchange or a Birth Parent Preference Form with
15Option E selected with the Registry during his or her life. If
16the confidential intermediary learns that a sought-after birth
17parent signed an 18.3 statement indicating his or her intent
18not to have identifying information shared, and did not later
19file an Information Exchange Authorization or a Birth Parent
20Preference Form with the Registry, the confidential
21intermediary shall discontinue the search and inform the
22petitioning party of the birth parent's intent, unless the
23petitioner is an adult adopted or surrendered person and 5
24years or more have elapsed since the birth parent signed the
25statement indicating his or her intent not to have identifying
26information shared. In cases where the birth parent filed a

 

 

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1Denial of Information Exchange or Birth Parent Preference Form
2where Option E was selected, or statement indicating his or her
3intent not to have identifying information shared less than 5
4years prior to the search request and the petitioner is an
5adult adopted or surrendered person, the confidential
6intermediary shall inform the petitioner of the need to
7discontinue the search until 5 years have elapsed since the
8Denial of Information Exchange or Birth Parent Preference Form
9where Option E was selected, or statement was filed; in cases
10where a birth parent was previously the subject of a search
11through the State confidential intermediary program, the
12confidential intermediary shall inform the petitioner of the
13need to discontinue the search until 10 years or more have
14elapsed since the initial search was closed. In cases where a
15birth parent has been the object of 2 searches through the
16State confidential intermediary program, no subsequent search
17for the birth parent shall be authorized absent a court order
18to the contrary.
19    In conducting a search under this Section, the confidential
20intermediary shall attempt to locate the relative or relatives
21from whom the petitioner has requested information. If the
22sought-after relative is deceased or cannot be located after a
23diligent search, the confidential intermediary may contact
24other adult relatives of the sought-after relative.
25    The confidential intermediary shall contact a sought-after
26relative on behalf of the petitioner in a manner that respects

 

 

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1the sought-after relative's privacy and shall inform the
2sought-after relative of the petitioner's request for medical
3information, identifying information or contact as stated in
4the petition. Based upon the terms of the petitioner's request,
5the confidential intermediary shall contact a sought-after
6relative on behalf of the petitioner and inform the
7sought-after relative of the following options:
8        (1) The sought-after relative may totally reject one or
9    all of the requests for medical information, identifying
10    information or contact. The sought-after relative shall be
11    informed that they can provide a medical questionnaire to
12    be forwarded to the petitioner without releasing any
13    identifying information. The confidential intermediary
14    shall inform the petitioner of the sought-after relative's
15    decision to reject the sharing of information or contact.
16        (2) The sought-after relative may consent to
17    completing a medical questionnaire only. In this case, the
18    confidential intermediary shall provide the questionnaire
19    and ask the sought-after relative to complete it. The
20    confidential intermediary shall forward the completed
21    questionnaire to the petitioner and inform the petitioner
22    of the sought-after relative's desire to not provide any
23    additional information.
24        (3) The sought-after relative may communicate with the
25    petitioner without having his or her identity disclosed. In
26    this case, the confidential intermediary shall arrange the

 

 

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1    desired communication in a manner that protects the
2    identity of the sought-after relative. The confidential
3    intermediary shall inform the petitioner of the
4    sought-after relative's decision to communicate but not
5    disclose his or her identity.
6        (4) The sought-after relative may consent to initiate
7    contact with the petitioner. The If both the petitioner and
8    the sought-after relative or relatives are eligible to
9    register with the Illinois Adoption Registry, the
10    confidential intermediary shall provide the necessary
11    application forms and request that the sought-after
12    relative register with the Illinois Adoption Registry. If
13    either the petitioner or the sought-after relative or
14    relatives are ineligible to register with the Illinois
15    Adoption Registry, the confidential intermediary shall
16    obtain written consents from both parties that they wish to
17    disclose their identities to each other and to have contact
18    with each other.
19    (j) Oath. The confidential intermediary shall sign an oath
20of confidentiality substantially as follows: "I, ..........,
21being duly sworn, on oath depose and say: As a condition of
22appointment as a confidential intermediary, I affirm that:
23        (1) I will not disclose to the petitioner, directly or
24    indirectly, any confidential information except in a
25    manner consistent with the law.
26        (2) I recognize that violation of this oath subjects me

 

 

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1    to civil liability and to a potential finding of contempt
2    of court. ................................
3SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
4date)
5................................."
6    (k) Sanctions.
7        (1) Any confidential intermediary who improperly
8    discloses confidential information identifying a
9    sought-after relative shall be liable to the sought-after
10    relative for damages and may also be found in contempt of
11    court.
12        (2) Any person who learns a sought-after relative's
13    identity, directly or indirectly, through the use of
14    procedures provided in this Section and who improperly
15    discloses information identifying the sought-after
16    relative shall be liable to the sought-after relative for
17    actual damages plus minimum punitive damages of $10,000.
18        (3) The Department shall fine any confidential
19    intermediary who improperly discloses confidential
20    information in violation of item (1) or (2) of this
21    subsection (k) an amount up to $2,000 per improper
22    disclosure. This fine does not affect civil liability under
23    item (2) of this subsection (k). The Department shall
24    deposit all fines and penalties collected under this
25    Section into the Illinois Adoption Registry and Medical
26    Information Fund.

 

 

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1    (l) Death of person being sought. Notwithstanding any other
2provision of this Act, if the confidential intermediary
3discovers that the person being sought has died, he or she
4shall report this fact to the court, along with a copy of the
5death certificate. If the sought-after relative is a birth
6parent, the confidential intermediary shall also forward a copy
7of the birth parent's death certificate, if available, to the
8Registry for inclusion in the Registry file.
9    (m) Any confidential information obtained by the
10confidential intermediary during the course of his or her
11search shall be kept strictly confidential and shall be used
12for the purpose of arranging contact between the petitioner and
13the sought-after birth relative. At the time the case is
14closed, all identifying information shall be returned to the
15court for inclusion in the impounded adoption file.
16    (n) (Blank). If the petitioner is an adopted or surrendered
17person 21 years of age or over or the adoptive parent or legal
18guardian of an adopted or surrendered person under the age of
1921, any non-identifying information, as defined in Section
2018.4, that is ascertained during the course of the search may
21be given in writing to the petitioner at any time during the
22search before the case is closed.
23    (o) Except as provided in subsection (k) of this Section,
24no liability shall accrue to the State, any State agency, any
25judge, any officer or employee of the court, any certified
26confidential intermediary, or any agency designated to oversee

 

 

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1confidential intermediary services for acts, omissions, or
2efforts made in good faith within the scope of this Section.
3    (p) An adoption agency that has received a request from a
4confidential intermediary for the full name, date of birth,
5last known address, or last known telephone number of a
6sought-after relative pursuant to subsection (g) of Section
718.3a, or for medical information regarding a sought-after
8relative pursuant to subsection (h) of Section 18.3a, must
9satisfactorily comply with this court order within a period of
1045 days. The court shall order the adoption agency to reimburse
11the petitioner in an amount equal to all payments made by the
12petitioner to the confidential intermediary, and the adoption
13agency shall be subject to a civil monetary penalty of $1,000
14to be paid to the Department of Children and Family Services.
15Following the issuance of a court order finding that the
16adoption agency has not complied with Section 18.3, the
17adoption agency shall be subject to a monetary penalty of $500
18per day for each subsequent day of non-compliance. Proceeds
19from such fines shall be utilized by the Department of Children
20and Family Services to subsidize the fees of petitioners as
21referenced in subsection (d) of this Section.
22    (q) (Blank). Provide information to eligible petitioner.
23The confidential intermediary may provide to eligible
24petitioners as described in subsections (a) and (b) of this
25Section, the name of the child welfare agency which had legal
26custody of the surrendered person or responsibility for placing

 

 

HB5949 Engrossed- 82 -LRB098 20304 HEP 55745 b

1the surrendered person and any available contact information
2for such agency. In addition, the confidential intermediary may
3provide to such petitioners the name of the state in which the
4surrender occurred or in which the adoption was finalized.
5    Any reimbursements and fines, notwithstanding any
6reimbursement directly to the petitioner, paid under this
7subsection are in addition to other remedies a court may
8otherwise impose by law.
9    The Department of Children and Family Services shall submit
10reports to the Adoption Registry-Confidential Intermediary
11Advisory Council by July 1 and January 1 of each year in order
12to report the penalties assessed and collected under this
13subsection, the amounts of related deposits into the DCFS
14Children's Services Fund, and any expenditures from such
15deposits.
16(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10;
1797-110, eff. 7-14-11; 97-1063, eff. 1-1-13.)