HB3967 EnrolledLRB099 06337 HEP 26407 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
518.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as follows:
 
6    (750 ILCS 50/18.06)
7    Sec. 18.06. Definitions. When used in Sections 18.05
8through Section 18.6, for the purposes of the Registry:
9    "Adopted person" means a person who was adopted pursuant to
10the laws in effect at the time of the adoption.
11    "Adoptive parent" means a person who has become a parent
12through the legal process of adoption.
13    "Adult child" means the biological child 21 years of age or
14over of a deceased adopted or surrendered person.
15    "Adult grandchild" means the biological grandchild 21
16years of age or over of a deceased adopted or surrendered
17person.
18    "Adult adopted or surrendered person" means an adopted or
19surrendered person 21 years of age or over.
20    "Agency" means a public child welfare agency or a licensed
21child welfare agency.
22    "Birth aunt" means the adult full or half sister of a
23deceased birth parent.

 

 

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1    "Birth father" means the biological father of an adopted or
2surrendered person who is named on the original certificate of
3live birth or on a consent or surrender document, or a
4biological father whose paternity has been established by a
5judgment or order of the court, pursuant to the Illinois
6Parentage Act of 1984.
7    "Birth grandparent" means the biological parent of: (i) a
8non-surrendered person who is a deceased birth mother; or (ii)
9a non-surrendered person who is a deceased birth father.
10    "Birth mother" means the biological mother of an adopted or
11surrendered person.
12    "Birth parent" means a birth mother or birth father of an
13adopted or surrendered person.
14    "Birth Parent Preference Form" means the form prepared by
15the Department of Public Health pursuant to Section 18.2
16completed by a birth parent registrant and filed with the
17Registry that indicates the birth parent's preferences
18regarding contact and, if applicable, the release of his or her
19identifying information on the non-certified copy of the
20original birth certificate released to an adult adopted or
21surrendered person or to the surviving adult child or surviving
22spouse of a deceased adopted or surrendered person who has
23filed a Request for a Non-Certified Copy of an Original Birth
24Certificate.
25    "Birth relative" means a birth mother, birth father, birth
26grandparent, birth sibling, birth aunt, or birth uncle.

 

 

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1    "Birth sibling" means the adult full or half sibling of an
2adopted or surrendered person.
3    "Birth uncle" means the adult full or half brother of a
4deceased birth parent.
5    "Confidential intermediary" means an individual certified
6by the Department of Children and Family Services pursuant to
7Section 18.3a(e).
8    "Denial of Information Exchange" means an affidavit
9completed by a registrant with the Illinois Adoption Registry
10and Medical Information Exchange denying the release of
11identifying information which has been filed with the Registry.
12    "Information Exchange Authorization" means an affidavit
13completed by a registrant with the Illinois Adoption Registry
14and Medical Information Exchange authorizing the release of
15identifying information which has been filed with the Registry.
16    "Medical Information Exchange Questionnaire" means the
17medical history questionnaire completed by a registrant of the
18Illinois Adoption Registry and Medical Information Exchange.
19    "Non-certified Copy of the Original Birth Certificate"
20means a non-certified copy of the original certificate of live
21birth of an adult adopted or surrendered person who was born in
22Illinois.
23    "Proof of death" means a death certificate.
24    "Registrant" or "Registered Party" means a birth parent,
25birth grandparent, birth sibling, birth aunt, birth uncle,
26adopted or surrendered person 21 years of age or over, adoptive

 

 

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1parent or legal guardian of an adopted or surrendered person
2under the age of 21, or adoptive parent, surviving spouse, or
3adult child of a deceased adopted or surrendered person who has
4filed an Illinois Adoption Registry Application or
5Registration Identification Form with the Registry.
6    "Registry" means the Illinois Adoption Registry and
7Medical Information Exchange.
8    "Request for a Non-Certified Copy of an Original Birth
9Certificate" means an affidavit completed by an adult adopted
10or surrendered person or by the surviving adult child or
11surviving spouse of a deceased adopted or surrendered person
12and filed with the Registry requesting a non-certified copy of
13an adult adopted or surrendered person's original certificate
14of live birth in Illinois.
15    "Surrendered person" means a person whose parents' rights
16have been surrendered or terminated but who has not been
17adopted.
18    "Surviving spouse" means the wife or husband, 21 years of
19age or older, of a deceased adopted or surrendered person who
20would be 21 years of age or older if still alive and who has one
21or more surviving biological children who are under the age of
2221.
23    "18.3 statement" means a statement regarding the
24disclosure of identifying information signed by a birth parent
25under Section 18.3 of this Act as it existed immediately prior
26to the effective date of this amendatory Act of the 96th

 

 

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1General Assembly.
2(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15.)
 
3    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
4    Sec. 18.1. Disclosure of identifying information.
5    (a) The Department of Public Health shall establish and
6maintain a Registry for the purpose of allowing mutually
7consenting members of birth and adoptive families to exchange
8identifying and medical information. Identifying information
9for the purpose of this Act shall mean any one or more of the
10following:
11        (1) The name and last known address of the consenting
12    person or persons.
13        (2) A copy of the Illinois Adoption Registry
14    Application of the consenting person or persons.
15        (3) A non-certified copy of the original birth
16    certificate of an adult adopted or surrendered person.
17    (b) Written authorization from all parties identified must
18be received prior to disclosure of any identifying information,
19with the exception of non-certified copies of original birth
20certificates released to adult adopted or surrendered persons
21or to surviving adult children and surviving spouses of
22deceased adopted or surrendered persons pursuant to the
23procedures outlined in Section 18.1b(e).
24    (c) At any time after a child is surrendered for adoption,
25or at any time during the adoption proceedings or at any time

 

 

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

 

 

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1file a Registration Identification Form and an Information
2Exchange Authorization or a Denial of Information Exchange.
3    (f) Any adopted person 21 years of age or over, any
4surrendered person 21 years of age or over, or any adoptive
5parent or legal guardian of an adopted or surrendered person
6under the age of 21 may file with the Registry a Registration
7Identification Form and an Information Exchange Authorization
8or a Denial of Information Exchange.
9    (g) Any adult child or adult grandchild 21 years of age or
10over of a deceased adopted or surrendered person who has
11submitted a copy of his or her birth certificate naming an
12adopted or surrendered person as his or her biological parent
13as well as proof of death for the deceased adopted or
14surrendered person and such adopted or surrendered person did
15not file a Denial of Information Exchange with the Registry
16prior to his or her death may file a Registration
17Identification Form and an Information Exchange Authorization
18or a Denial of Information Exchange.
19    (h) Any surviving spouse of a deceased adopted or
20surrendered person 21 years of age or over who has submitted
21proof of death for the deceased adopted or surrendered person
22and such adopted or surrendered person did not file a Denial of
23Information Exchange with the Registry prior to his or her
24death as well as a birth certificate naming themselves and the
25adopted or surrendered person as the parents of a minor child
26under the age of 21 may file a Registration Identification Form

 

 

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1and an Information Exchange Authorization or a Denial of
2Information Exchange.
3    (i) Any adoptive parent or legal guardian of a deceased
4adopted or surrendered person who is 21 years of age or over
5who has submitted proof of death as well as proof of parentage
6or guardianship for the deceased adopted or surrendered person
7and such adopted or surrendered person did not file a Denial of
8Information Exchange with the Registry prior to his or her
9death may file a Registration Identification Form and an
10Information Exchange Authorization or a Denial of Information
11Exchange.
12    (j) The Department of Public Health shall supply to the
13adopted or surrendered person or his or her adoptive parents,
14legal guardians, adult children, adult grandchildren, or
15surviving spouse, and to the birth parents identifying
16information only if both the adopted or surrendered person, or
17one of his or her adoptive parents, legal guardians, adult
18children, adult grandchildren, or his or her surviving spouse,
19and the birth parents have filed with the Registry an
20Information Exchange Authorization or a Birth Parent
21Preference Form on which Option A, B, or C was selected and the
22information at the Registry indicates that the consenting
23adopted or surrendered person, the child of the consenting
24adoptive parents or legal guardians, the parent of the
25consenting adult child of the adopted or surrendered person, or
26the deceased wife or husband of the consenting surviving spouse

 

 

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1is the child of the consenting birth parents, except
2identifying information that appears on a non-certified copy of
3an original birth certificate may be provided to an adult
4adopted or surrendered person or to the surviving adult child,
5adult grandchild, or surviving spouse of a deceased adopted or
6surrendered person pursuant to the procedures outlined in
7Section 18.1b(e) of this Act.
8    The Department of Public Health shall supply to adopted or
9surrendered persons who are birth siblings identifying
10information only if both siblings have filed with the Registry
11an Information Exchange Authorization and the information at
12the Registry indicates that the consenting siblings have one or
13both birth parents in common. Identifying information shall be
14supplied to consenting birth siblings who were adopted or
15surrendered if any such sibling is 21 years of age or over.
16Identifying information shall be supplied to consenting birth
17siblings who were not adopted or surrendered if any such
18sibling is 21 years of age or over and has proof of death of the
19common birth parent and such birth parent did not file a Denial
20of Information Exchange or a Birth Parent Preference Form on
21which Option E was selected with the Registry prior to his or
22her death.
23    (k) The Department of Public Health shall supply to the
24adopted or surrendered person or his or her adoptive parents,
25legal guardians, adult children, adult grandchildren, or
26surviving spouse, and to a birth aunt identifying information

 

 

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1only if both the adopted or surrendered person or one of his or
2her adoptive parents, legal guardians, adult children, adult
3grandchildren, or his or her surviving spouse, and the birth
4aunt have filed with the Registry an Information Exchange
5Authorization and the information at the Registry indicates
6that the consenting adopted or surrendered person, or the child
7of the consenting adoptive parents or legal guardians, or the
8parent of the consenting adult child, or the deceased wife or
9husband of the consenting surviving spouse of the adopted or
10surrendered person is or was the child of the brother or sister
11of the consenting birth aunt.
12    (k-5) The Department of Public Health shall supply to the
13adopted or surrendered person and to a birth grandparent
14identifying information only if both the adopted or surrendered
15person and the birth grandparent have filed with the Registry
16an Information Exchange Authorization and the information at
17the Registry indicates that the consenting adopted or
18surrendered person is or was the child of a deceased birth
19mother or birth father.
20    (l) The Department of Public Health shall supply to the
21adopted or surrendered person or his or her adoptive parents,
22legal guardians, adult children, adult grandchildren, or
23surviving spouse, and to a birth uncle identifying information
24only if both the adopted or surrendered person or one of his or
25her adoptive parents, legal guardians, adult children, adult
26grandchildren, or his or her surviving spouse, and the birth

 

 

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

 

 

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1Court Order, which order shall name the person or persons
2entitled to the information, or (2) to a registrant who is the
3subject of an Information Exchange Authorization or, if
4applicable, a Birth Parent Preference Form that was completed
5by another registrant and filed with the Illinois Adoption
6Registry and Medical Information Exchange, or (3) as authorized
7under subsection (h) of Section 18.3 of this Act, or (4)
8pursuant to the procedures outlined in Section 18.1b(e) of this
9Act. Any person who willfully provides unauthorized disclosure
10of any information filed with the Registry or who knowingly or
11intentionally files false information with the Registry shall
12be guilty of a Class A misdemeanor and shall be liable for
13damages.
14    (o) If information is disclosed pursuant to this Act, the
15Department shall redact it to remove any identifying
16information about any party who has not consented to the
17disclosure of such identifying information, or, in the case of
18identifying information on the original birth certificate,
19pursuant to Section 18.1b(e) of this Act.
20(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15.)
 
21    (750 ILCS 50/18.1a)
22    Sec. 18.1a. Registry matches.
23    (a) The Registry shall release identifying information, as
24specified on the applicant's Information Exchange
25Authorization or, if applicable, a Birth Parent Preference

 

 

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

 

 

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

 

 

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1who has indicated their desire to receive such information on
2his or her Illinois Adoption Registry Application, if
3information available to the Registry confirms that the
4consenting parties are biologically related, that the
5consenting birth relative and the child of the consenting
6adoptive parents or legal guardians are birth relatives, or
7that the consenting birth relative and the deceased wife or
8husband of the consenting surviving spouse are birth relatives.
9(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15.)
 
10    (750 ILCS 50/18.1b)
11    Sec. 18.1b. The Illinois Adoption Registry Application.
12The Illinois Adoption Registry Application shall substantially
13include the following:
14        (a) General Information. The Illinois Adoption
15    Registry Application shall include the space to provide
16    Information about the registrant including his or her
17    surname, given name or names, social security number
18    (optional), mailing address, home telephone number,
19    gender, date and place of birth, and the date of
20    registration. If applicable and known to the registrant, he
21    or she may include the maiden surname of the birth mother,
22    any subsequent surnames of the birth mother, the surname of
23    the birth father, the given name or names of the birth
24    parents, the dates and places of birth of the birth
25    parents, the surname and given name or names of the adopted

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        wish to exchange identifying information or establish
2        contact with one or more of their birth relatives may
3        specify with whom they do not wish to exchange
4        identifying information or do not wish to establish
5        contact by filing a Denial of Information Exchange.
6        Birth relatives other than birth parents who do not
7        wish to establish contact with an adopted or
8        surrendered person or one or more of his or her
9        adoptive parents, legal guardians, or adult children
10        or adult grandchildren may specify with whom they do
11        not wish to exchange identifying information or do not
12        wish to establish contact by filing a Denial of
13        Information Exchange. Birth parents who wish to
14        prohibit the release of their identifying information
15        on the original birth certificate released to an adult
16        adopted or surrendered person who was born after
17        January 1, 1946, or to the surviving adult child, adult
18        grandchild, or surviving spouse of a deceased adopted
19        or surrendered person who was born after January 1,
20        1946, may do so by filing a Denial with the Registry on
21        or before December 31, 2010. Adoptive parents or legal
22        guardians of adopted or surrendered persons under the
23        age of 21 who do not wish to establish contact with one
24        or more of the adopted or surrendered person's birth
25        relatives may specify with whom they do not wish to
26        exchange identifying information by filing a Denial of

 

 

HB3967 Enrolled- 22 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 23 -LRB099 06337 HEP 26407 b

1        of a Request for a Non-Certified Copy of an Original
2        Birth Certificate from an adult adopted or surrendered
3        person or the surviving adult child, surviving adult
4        grandchild, or surviving spouse of a deceased adopted
5        or surrendered person shall be forwarded to the
6        relevant adopted or surrendered person or surviving
7        adult child, surviving adult grandchild, or surviving
8        spouse of a deceased adopted or surrendered person
9        along with a non-certified copy of the adopted or
10        surrendered person's original birth certificate as
11        outlined in subsection (e) of this Section.
12        (e) Procedures for requesting a non-certified copy of
13    an original birth certificate by an adult adopted or
14    surrendered person or by a surviving adult child, adult
15    grandchild, or surviving spouse of a deceased adopted or
16    surrendered person:
17            (1) On or after the effective date of this
18        amendatory Act of the 96th General Assembly, any adult
19        adopted or surrendered person who was born in Illinois
20        prior to January 1, 1946, may complete and file with
21        the Registry a Request for a Non-Certified Copy of an
22        Original Birth Certificate. The Registry shall provide
23        such adult adopted or surrendered person with an
24        unaltered, non-certified copy of his or her original
25        birth certificate upon receipt of the Request for a
26        Non-Certified Copy of an Original Birth Certificate.

 

 

HB3967 Enrolled- 24 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 25 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 26 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 27 -LRB099 06337 HEP 26407 b

1            Birth Parent Preference Form has been redacted per
2            the birth parent's specifications on the Form. The
3            Registry shall forward to the adult adopted or
4            surrendered person or to the surviving adult
5            child, adult grandchild, or surviving spouse of a
6            deceased adopted or surrendered person a copy of
7            the Birth Parent Preference Form filed by the birth
8            parent from which identifying information has been
9            redacted per the birth parent's specifications on
10            the Form. The requesting adult adopted or
11            surrendered person shall also be informed in
12            writing of his or her right to petition the court
13            for the appointment of a confidential intermediary
14            pursuant to Section 18.3a of this Act, and, if
15            applicable, to conduct a search through an agency
16            post-adoption search program once 5 years have
17            elapsed since the birth parent filed the Birth
18            Parent Preference Form, on which Option E was
19            selected, with the Registry.
20                (iii) Determine if a birth parent named on the
21            original birth certificate has filed an
22            Information Exchange Authorization.
23                (iv) If the Registry has confirmed that a
24            requesting adult adopted or surrendered person or
25            the parent of a requesting adult child of a
26            deceased adopted or surrendered person or the

 

 

HB3967 Enrolled- 28 -LRB099 06337 HEP 26407 b

1            husband or wife of a requesting surviving spouse
2            was not the object of a Denial of Information
3            Exchange filed by a birth parent on or before
4            December 31, 2010, and that no birth parent named
5            on the original birth certificate has filed a Birth
6            Parent Preference Form where Option E was selected
7            prior to the receipt of a Request for a
8            Non-Certified Copy of an Original Birth
9            Certificate, the Registry shall provide the adult
10            adopted or surrendered person or his or her
11            surviving adult child or surviving spouse with an
12            unaltered non-certified copy of the adopted or
13            surrendered person's original birth certificate.
14            (3) In cases where the Registry receives a Birth
15        Parent Preference Form from a birth parent subsequent
16        to the release of the non-certified copy of the
17        original birth certificate to an adult adopted or
18        surrendered person or to the surviving adult child,
19        adult grandchild, or surviving spouse of a deceased
20        adopted or surrendered person, the Birth Parent
21        Preference Form shall be immediately forwarded to the
22        adult adopted or surrendered person or to the surviving
23        adult child, adult grandchild, or surviving spouse of
24        the deceased adopted or surrendered person and the
25        birth parent who filed the form shall be informed that
26        the relevant original birth certificate has already

 

 

HB3967 Enrolled- 29 -LRB099 06337 HEP 26407 b

1        been released.
2            (4) A copy of the original birth certificate shall
3        only be released to adopted or surrendered persons who
4        were born in Illinois; to surviving adult children,
5        adult grandchildren, or surviving spouses of deceased
6        adopted or surrendered persons who were born in
7        Illinois; or to 2 registered parties who have both
8        consented to the release of a non-certified copy of the
9        original birth certificate to one another through the
10        Registry when the birth of the relevant adopted or
11        surrendered person took place in Illinois.
12            (5) In cases where the Registry receives a Request
13        for a Non-Certified Copy of an Original Birth
14        Certificate from an adult adopted or surrendered
15        person who has not completed a Registry application and
16        the file of that adopted or surrendered person includes
17        an Information Exchange Authorization, Birth Parent
18        Preference Form, or Medical Information Exchange
19        Questionnaire from one or more of his or her birth
20        relatives, the Registry shall so inform the adult
21        adopted or surrendered person and forward Registry
22        application forms to him or her along with a
23        non-certified copy of the original birth certificate
24        consistent with the procedures outlined in this
25        subsection (e).
26            (6) In cases where a birth parent registered with

 

 

HB3967 Enrolled- 30 -LRB099 06337 HEP 26407 b

1        the Registry and filed a Medical Information Exchange
2        Questionnaire prior to the effective date of this
3        amendatory Act of the 96th General Assembly but gave no
4        indication as to his or her wishes regarding contact or
5        the sharing of identifying information, the Registry
6        shall contact the birth parent by written letter prior
7        to January 1, 2011, and provide him or her with the
8        opportunity to indicate his or her preference
9        regarding contact and the sharing of identifying
10        information by submitting a Birth Parent Preference
11        Form to the Registry prior to November 1, 2011.
12            (7) In cases where the Registry cannot locate a
13        copy of the original birth certificate in the Registry
14        file, they shall be authorized to request a copy of the
15        original birth certificate from the Illinois county
16        where the birth took place for placement in the
17        Registry file.
18            (8) Adopted and surrendered persons who wish to
19        have their names placed with the Illinois Adoption
20        Registry and Medical Information Exchange may do so by
21        completing a Registry application at any time, but
22        completing a Registry application shall not be
23        required for adopted and surrendered persons who seek
24        only to obtain a copy of their original birth
25        certificate or any relevant Birth Parent Preference
26        Forms through the Registry.

 

 

HB3967 Enrolled- 31 -LRB099 06337 HEP 26407 b

1            (9) In cases where a birth parent filed a Denial of
2        Information Exchange with the Registry prior to
3        January 1, 2011, or filed a Birth Parent Preference
4        Form with the Registry and selected Option E after
5        January 1, 2011, and a proof of death for the birth
6        parent who filed the Denial or the Birth Parent
7        Preference Form has been filed with the Registry by a
8        confidential intermediary, a surviving relative of the
9        deceased birth parent, or a birth child of the deceased
10        birth parent, the Registry shall be authorized to
11        release an unaltered non-certified copy of the
12        original birth certificate to an adult adopted or
13        surrendered person or to the surviving adult child,
14        adult grandchild, or surviving spouse of a deceased
15        adopted or surrendered person who has filed a Request
16        for a Non-Certified Copy of the Original Birth
17        Certificate with the Registry.
18            (10) On and after the effective date of this
19        amendatory Act of the 96th General Assembly, in cases
20        where all birth parents named on the original birth
21        certificate of an adopted or surrendered person born
22        after January 1, 1946, are deceased and copies of death
23        certificates for all birth parents named on the
24        original birth certificate have been filed with the
25        Registry by either a confidential intermediary, a
26        surviving relative of the deceased birth parent, or a

 

 

HB3967 Enrolled- 32 -LRB099 06337 HEP 26407 b

1        birth child of the deceased birth parent, the Registry
2        shall be authorized to release a non-certified copy of
3        the original birth certificate to the adopted or
4        surrendered person upon receipt of his or her Request
5        for a Non-Certified Copy of an Original Birth
6        Certificate.
7        (f) A registrant may complete all or any part of the
8    Illinois Adoption Registry Application. All Illinois
9    Adoption Registry Applications, Information Exchange
10    Authorizations, Denials of Information Exchange, requests
11    to revoke an Information Exchange Authorization or Denial
12    of Information Exchange, Birth Parent Preference Forms,
13    and affidavits submitted to the Registry shall be
14    accompanied by proof of identification.
15(Source: P.A. 97-110, eff. 7-14-11; 97-333, eff. 8-12-11;
1698-704, eff. 1-1-15.)
 
17    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
18    Sec. 18.2. Forms.
19    (a) The Department shall develop the Illinois Adoption
20Registry forms as provided in this Section. The General
21Assembly shall reexamine the content of the form as requested
22by the Department, in consultation with the Registry Advisory
23Council. The form of the Birth Parent Registration
24Identification Form shall be substantially as follows:
25
BIRTH PARENT REGISTRATION IDENTIFICATION

 

 

HB3967 Enrolled- 33 -LRB099 06337 HEP 26407 b

1
(Insert all known information)
2I, ....., state that I am the ...... (mother or father) of the
3following child:
4    Child's original name: ..... (first) ..... (middle) .....
5        (last), ..... (hour of birth), ..... (date of birth),
6        ..... (city and state of birth), ..... (name of
7        hospital).
8    Father's full name: ...... (first) ...... (middle) .....
9        (last), ..... (date of birth), ..... (city and state of
10        birth).
11    Name of mother inserted on birth certificate: ..... (first)
12        ..... (middle) ..... (last), ..... (race), ..... (date
13        of birth), ...... (city and state of birth).
14That I surrendered my child to: ............. (name of agency),
15    ..... (city and state of agency), ..... (approximate date
16    child surrendered).
17That I placed my child by private adoption: ..... (date),
18    ...... (city and state).
19Name of adoptive parents, if known: ......
20Other identifying information: .....
21
........................
22
(Signature of parent)
23............                        ........................
24(date)                               (printed name of parent)
 
25    (b) The form of the Adopted Person Registration

 

 

HB3967 Enrolled- 34 -LRB099 06337 HEP 26407 b

1Identification shall be substantially as follows:
2
ADOPTED PERSON
3
REGISTRATION IDENTIFICATION
4
(Insert all known information)
5I, ....., state the following:
6    Adopted Person's present name: ..... (first) .....
7        (middle) ..... (last).
8    Adopted Person's name at birth (if known): ..... (first)
9        ..... (middle) ..... (last), ..... (birth date), .....
10        (city and state of birth), ...... (sex), ..... (race).
11    Name of adoptive father: ..... (first) ..... (middle) .....
12        (last), ..... (race).
13    Maiden name of adoptive mother: ..... (first) .....
14        (middle) ..... (last), ..... (race).
15    Name of birth mother (if known): ..... (first) .....
16        (middle) ..... (last), ..... (race).
17    Name of birth father (if known): ..... (first) .....
18        (middle) ..... (last), ..... (race).
19    Name(s) at birth of sibling(s) having a common birth parent
20        with adoptee (if known): ..... (first) ..... (middle)
21        ..... (last), ..... (race), and name of common birth
22        parent: ..... (first) ..... (middle) ..... (last),
23        ..... (race).
24I was adopted through: ..... (name of agency).
25I was adopted privately: ..... (state "yes" if known).
26I was adopted in ..... (city and state), ..... (approximate

 

 

HB3967 Enrolled- 35 -LRB099 06337 HEP 26407 b

1    date).
2Other identifying information: .............
3
......................
4
(signature of adoptee)
5...........                        .........................
6(date)                              (printed name of adoptee)
 
7    (c) The form of the Surrendered Person Registration
8Identification shall be substantially as follows:
9
SURRENDERED PERSON REGISTRATION
10
IDENTIFICATION
11
(Insert all known information)
12I, ....., state the following:
13    Surrendered Person's present name: ..... (first) .....
14        (middle) ..... (last).
15    Surrendered Person's name at birth (if known): .....
16        (first) ..... (middle) ..... (last), .....(birth
17        date), ..... (city and state of birth), ...... (sex),
18        ..... (race).
19    Name of guardian father: ..... (first) ..... (middle) .....
20        (last), ..... (race).
21    Maiden name of guardian mother: ..... (first) .....
22        (middle) ..... (last), ..... (race).
23    Name of birth mother (if known): ..... (first) .....
24        (middle) ..... (last) ..... (race).
25    Name of birth father (if known): ..... (first) .....

 

 

HB3967 Enrolled- 36 -LRB099 06337 HEP 26407 b

1        (middle) ..... (last), .....(race).
2    Name(s) at birth of sibling(s) having a common birth parent
3        with surrendered person (if known): ..... (first)
4        ..... (middle) ..... (last), ..... (race), and name of
5        common birth parent: ..... (first) ..... (middle)
6        ..... (last), ..... (race).
7I was surrendered for adoption to: ..... (name of agency).
8I was surrendered for adoption in ..... (city and state), .....
9    (approximate date).
10Other identifying information: ............
11
................................
12
(signature of surrendered person)
13............                          ......................
14(date)                (printed name of person
15                                                             surrendered for adoption)
 
16    (c-3) The form of the Registration Identification Form for
17Surviving Relatives of Deceased Birth Parents shall be
18substantially as follows:
19
REGISTRATION IDENTIFICATION FORM
20
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
21
(Insert all known information)
22I, ....., state the following:
23    Name of deceased birth parent at time of surrender:
24    Deceased birth parent's date of birth:
25    Deceased birth parent's date of death:

 

 

HB3967 Enrolled- 37 -LRB099 06337 HEP 26407 b

1    Adopted or surrendered person's name at birth (if known):
2        .....(first) ..... (middle) ..... (last), .....(birth
3        date), ..... (city and state of birth), ...... (sex),
4        ..... (race).
5My relationship to the adopted or surrendered person (check
6one): (birth parent's non-surrendered child) (birth parent's
7parent) (birth parent's sister) (birth parent's brother).
 
8If you are a non-surrendered child of the birth parent, provide
9name(s) at birth and age(s) of non-surrendered siblings having
10a common parent with the birth parent. If more than one
11sibling, please give information requested below on reverse
12side of this form. If you are a sibling or parent of the birth
13parent, provide name(s) at birth and age(s) of the sibling(s)
14of the birth parent. If more than one sibling, please give
15information requested below on reverse side of this form.
16    Name (First) ..... (middle) ..... (last), .....(birth
17        date), ..... (city and state of birth), ...... (sex),
18        ..... (race).
19    Name(s) of common parent(s) (first) ..... (middle) .....
20        (last), .....(race), (first) ..... (middle) .....
21        (last), .....(race).
22My birth sibling/child of my brother/child of my sister/ was
23surrendered for adoption to ..... (name of agency) City and
24state of agency ..... Date .....(approximate) Other
25identifying information ..... (Please note that you must: (i)

 

 

HB3967 Enrolled- 38 -LRB099 06337 HEP 26407 b

1be at least 21 years of age to register; (ii) submit with your
2registration a certified copy of the birth parent's birth
3certificate; (iii) submit a certified copy of the birth
4parent's death certificate; and (iv) if you are a
5non-surrendered birth sibling or a sibling of the deceased
6birth parent, also submit a certified copy of your birth
7certificate with this registration. No application from a
8surviving relative of a deceased birth parent can be accepted
9if the birth parent filed a Denial of Information Exchange
10prior to his or her death.)
11
................................
12
(signature of birth parent's surviving relative)

 
13............                                     ............
14(date)                                (printed name of birth 
15                parent's surviving relative)
 
16    (c-5) The form of the Registration Identification Form for
17Surviving Relatives of Deceased Adopted or Surrendered Persons
18shall be substantially as follows:
19
REGISTRATION IDENTIFICATION FORM FOR
20
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
21
(Insert all known information)
22I, ....., state the following:
23    Adopted or surrendered person's name at birth (if known):
24        (first) ..... (middle) ..... (last), .....(birth

 

 

HB3967 Enrolled- 39 -LRB099 06337 HEP 26407 b

1        date), ..... (city and state of birth), ...... (sex),
2        ..... (race).
3    Adopted or surrendered person's date of death:
4My relationship to the deceased adopted or surrendered
5person(check one): (adoptive mother) (adoptive father) (adult
6child) (surviving spouse).
7If you are an adult child or surviving spouse of the adopted or
8surrendered person, provide name(s) at birth and age(s) of the
9children of the adopted or surrendered person. If the adopted
10or surrendered person had more than one child, please give
11information requested below on reverse side of this form.
12    Name (first) ..... (middle) ..... (last), .....(birth
13        date), ..... (city and state of birth), ...... (sex),
14        ..... (race).
15    Name(s) of common parent(s) (first) ..... (middle) .....
16        (last), .....(race), (first) ..... (middle) .....
17        (last), .....(race).
18    My child/parent/deceased spouse was surrendered for
19    adoption to .....(name of agency) City and state of agency
20    ..... Date ..... (approximate) Other identifying
21    information ..... (Please note that you must: (i) be at
22    least 21 years of age to register; (ii) submit with your
23    registration a certified copy of the adopted or surrendered
24    person's death certificate; (iii) if you are the child of a
25    deceased adopted or surrendered person, also submit a
26    certified copy of your birth certificate with this

 

 

HB3967 Enrolled- 40 -LRB099 06337 HEP 26407 b

1    registration; and (iv) if you are the surviving wife or
2    husband of a deceased adopted or surrendered person, also
3    submit a copy of your marriage certificate with this
4    registration. No application from a surviving relative of a
5    deceased adopted or surrendered person can be accepted if
6    the adopted or surrendered person filed a Denial of
7    Information Exchange prior to his or her death.)
8
................................
9
(signature of adopted or surrendered person's surviving
10        relative)
 
11............                                     ............
12(date)               (printed name of adopted
13                                                             person's surviving relative)
 
14    (d) The form of the Information Exchange Authorization
15shall be substantially as follows:
16
INFORMATION EXCHANGE AUTHORIZATION
17    I, ....., state that I am the person who completed the
18Registration Identification; that I am of the age of .....
19years; that I hereby authorize the Department of Public Health
20to give to the following person(s) (birth mother) (birth
21father) (birth sibling) (adopted or surrendered person)
22(adoptive mother) (adoptive father) (legal guardian of an
23adopted or surrendered person) (birth grandparent) (birth

 

 

HB3967 Enrolled- 41 -LRB099 06337 HEP 26407 b

1aunt) (birth uncle) (adult child of a deceased adopted or
2surrendered person) (surviving spouse of a deceased adopted or
3surrendered person) (all eligible relatives) the following
4(please check the information authorized for exchange):
5        [  ]  1. Only my name and last known address.
6        [  ]  2. A copy of my Illinois Adoption Registry
7    Application.
8        [  ]  3. A non-certified copy of the adopted or
9    surrendered person's original certificate of live birth
10    (check only if you are an adopted or surrendered person or
11    the surviving adult child or surviving spouse of a deceased
12    adopted or surrendered person).
13        [  ]  4. A copy of my completed medical questionnaire.
14    I am fully aware that I can only be supplied with
15information about an individual or individuals who have duly
16executed an Information Exchange Authorization that has not
17been revoked or, if I am an adopted or surrendered person, from
18a birth parent who completed a Birth Parent Preference Form and
19did not prohibit the release of his or her identity to me; that
20I can be contacted by writing to: ..... (own name or name of
21person to contact) (address) (phone number).
22NOTE: New IARMIE registrants who do not complete a Medical
23Information Exchange Questionnaire and release a copy of their
24questionnaire to at least one Registry applicant must pay a $15
25registration fee.
26    Dated (insert date).

 

 

HB3967 Enrolled- 42 -LRB099 06337 HEP 26407 b

1                                                             ..............
2                                               (signature)
 
3    (e) The form of the Denial of Information Exchange shall be
4substantially as follows:
5
DENIAL OF INFORMATION EXCHANGE
6    I, ....., state that I am the person who completed the
7Registration Identification; that I am of the age of .....
8years; that I hereby instruct the Department of Public Health
9not to give any identifying information about me to the
10following person(s) (birth mother) (birth father) (birth
11sibling) (adopted or surrendered person) (adoptive mother)
12(adoptive father) (legal guardian of an adopted or surrendered
13person) (birth grandparent) (birth aunt) (birth uncle) (adult
14child of a deceased adopted or surrendered person) (surviving
15spouse of a deceased adopted or surrendered person) (all
16eligible relatives).
17    I do/do not (circle appropriate response) authorize the
18Registry to release a copy of my completed Medical Information
19Exchange Questionnaire to qualified Registry applicants. NOTE:
20New IARMIE registrants who do not complete a Medical
21Information Exchange Questionnaire and release a copy of their
22questionnaire to at least one Registry applicant must pay a $15
23registration fee. Birth parents filing a Denial of Information
24Exchange are advised that, under Illinois law, an adult adopted
25person may initiate a search for a birth parent who has filed a

 

 

HB3967 Enrolled- 43 -LRB099 06337 HEP 26407 b

1Denial of Information Exchange or Birth Parent Preference Form
2on which Option E was selected through the State confidential
3intermediary program once 5 years have elapsed since the filing
4of the Denial of Information Exchange or Birth Parent
5Preference Form.
6    Dated (insert date).
7                                                             ...............        
8                                      (signature)
 
9    (f) The form of the Birth Parent Preference Form shall be
10substantially as follows:
11    In recognition of the basic right of all persons to access
12their birth records, Illinois law now provides for the release
13of original birth certificates to adopted and surrendered
14persons 21 years of age or older upon request. While many birth
15parents are comfortable sharing their identities or initiating
16contact with their birth sons and daughters once they have
17reached adulthood, Illinois law also recognizes that there may
18be unique situations where a birth parent might have a
19compelling reason for not wishing to establish contact with a
20birth son or birth daughter or for not wishing to release
21identifying information that appears on the original birth
22certificate of a birth son or birth daughter who has reached
23adulthood. The Illinois Adoption Registry and Medical
24Information Exchange (IARMIE) has therefore established the
25attached form to allow birth parents to express their

 

 

HB3967 Enrolled- 44 -LRB099 06337 HEP 26407 b

1preferences regarding contact; and, if their birth child was
2born on or after January 1, 1946, to express their wishes
3regarding the sharing of identifying information listed on the
4original birth certificate with an adult adopted or surrendered
5person who has reached the age of 21 or his or her surviving
6relatives.
7    In selecting one of the 5 options below, birth parents
8should keep in mind that the decision to deny an adult adopted
9or surrendered person access to identifying information on his
10or her original birth record and/or information about
11genetically-transmitted diseases is an important decision that
12may impact the adopted or surrendered person's life in many
13ways. A request for anonymity on this form only pertains to
14information that is provided to an adult adopted or surrendered
15person or his or her surviving relatives through the Registry.
16This will not prevent the disclosure of identifying information
17that may be available to the adoptee through his or her
18adoptive parents and/or other means available to him or her.
19Birth parents who would prefer not to be contacted by their
20surrendered son or daughter are strongly urged to complete both
21the Non-Identifying Information Section included on the final
22page of the attached form and the Medical Questionnaire in
23order to provide their surrendered son or daughter with the
24background information he or she may need to better understand
25his or her origins. Birth parents whose birth son or birth
26daughter is under 21 years of age at the time of the completion

 

 

HB3967 Enrolled- 45 -LRB099 06337 HEP 26407 b

1of this form are reminded that no original birth certificate
2will be released by the IARMIE before an adoptee has reached
3the age of 21. Should you need additional assistance in
4completing this form, please contact the agency that handled
5the adoption, if applicable, or the Illinois Adoption Registry
6and Medical Information Exchange at 877-323-5299.
7    After careful consideration, I have made the following
8decision regarding contact with my birth son/birth daughter,
9(insert birth son's/birth daughter's name at birth, if
10applicable) ......, who was born in (insert city/town of birth)
11...... on (insert date of birth)...... and the release of my
12identifying information as it appears on his/her original birth
13certificate when he/she reaches the age of 21, and I have
14chosen Option ...... (insert A, B, C, D, or E, as applicable).
15I realize that this form must be accompanied by a completed
16IARMIE application form as well as a Medical Information
17Exchange Questionnaire or the $15 registration fee. I am also
18aware that I may revoke this decision at any time by completing
19a new Birth Parent Preference Form and filing it with the
20IARMIE. I understand that it is my responsibility to update the
21IARMIE with any changes to contact information provided below.
22I also understand that, while preferences regarding the release
23of identifying information through the Registry are binding
24unless the law should change in the future, any selection I
25have made regarding my preferred method of contact is not.
26...

 

 

HB3967 Enrolled- 46 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 47 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 48 -LRB099 06337 HEP 26407 b

1father, surviving spouse, surviving adult child. I would prefer
2to be contacted through the Illinois Confidential Intermediary
3Program (please call 800-526-9022 for additional information)
4or through the agency that handled the adoption. (Insert agency
5name, address and phone number, if applicable.)
6.............
7.............................................................
8(Signature/Date)
 
9Option D. My birth son or birth daughter was born on or after
10January 1, 1946, and I agree to the release of my identifying
11information as it appears on my birth son's/birth daughter's
12original birth certificate when he or she has reached the age
13of 21, OR my birth son or birth daughter was born prior to
14January 1, 1946. I would prefer not to be contacted by my birth
15son/birth daughter or his or her adoptive parents or surviving
16relatives.
17...................................................
18(Signature/Date)
 
19Option E. My birth son or birth daughter was born on or after
20January 1, 1946, and I wish to prohibit the release of my
21(circle ALL applicable options) first name, last name, last
22known address, birth son/birth daughter's last name (if last
23name listed is same as mine), as they appear on my birth
24son's/birth daughter's original birth certificate and do not

 

 

HB3967 Enrolled- 49 -LRB099 06337 HEP 26407 b

1wish to be contacted by my birth son/birth daughter when he or
2she has reached the age of 21. If there were any special
3circumstances that played a role in your decision to remain
4anonymous which you would like to share with your birth
5son/birth daughter, please list them in the space provided
6below (optional).
7...........................................
8.............................................................
9I understand that, although I have chosen to prohibit the
10release of my identity on the non-certified copy of the
11original birth certificate released to my birth son/birth
12daughter, he or she may request that a court-appointed
13confidential intermediary contact me to request updated
14medical information and/or confirm my desire to remain
15anonymous once 5 years have elapsed since the signing of this
16form; at the time of this subsequent search, I wish to be
17contacted through the person named below. (Insert in blank area
18below the name and phone number of the contact person, or leave
19it blank if you wish to be contacted directly.) I also
20understand that this request for anonymity shall expire upon my
21death.
22......................................................
23.............................................................
24(Signature/Date)
 
25NOTE: A copy of this form will be forwarded to your birth son

 

 

HB3967 Enrolled- 50 -LRB099 06337 HEP 26407 b

1or birth daughter should he or she file a request for his or
2her original birth certificate with the IARMIE. However, if you
3have selected Option E, identifying information, per your
4specifications above, will be deleted from the copy of this
5form forwarded to your birth son or daughter during your
6lifetime. In the event that an adopted or surrendered person is
7deceased, his or her surviving adult children may request a
8copy of the adopted or surrendered person's original birth
9certificate providing they have registered with the IARMIE; the
10copy of this form and the non-certified copy of the original
11birth certificate forwarded to the surviving child of the
12adopted or surrendered person shall be redacted per your
13specifications on this form during your lifetime.
14Non-Identifying Information Section
15I wish to voluntarily provide the following non-identifying
16information to my birth son or birth daughter:
17My age at the time of my child's birth was .........
18My race is best described as: ..........................
19My height is: .........
20My body type is best described as (circle one): slim, average,
21muscular, a few extra pounds, or more than a few extra pounds.
22My natural hair color is/was: ..................
23My eye color is: ..................
24My religion is best described as: ..................
25My ethnic background is best described as: ..................
26My educational level is closest to (circle applicable

 

 

HB3967 Enrolled- 51 -LRB099 06337 HEP 26407 b

1response): completed elementary school, graduated from
2high school, attended college, earned bachelor's degree,
3earned master's degree, earned doctoral degree.
4My occupation is best described as ..................
5My hobbies include ..................
6My interests include ..................
7My talents include ..................
8In addition to my surrendered son or daughter, I also
9am the biological parent of (insert number) ....... boys and
10(insert number) ....... girls, of whom (insert number) .......
11are still living.
12The relationship between me and my child's birth mother/birth
13father would best be described as (circle appropriate
14response): husband and wife, ex-spouses, boyfriend and
15girlfriend, casual acquaintances, other (please specify)
16..............
17    (g) The form of the Request for a Non-Certified Copy of an
18Original Birth Certificate shall be substantially as follows:
19
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
20
CERTIFICATE
21    I, (requesting party's full name) ....., hereby request a
22non-certified copy of (check appropriate option) ..... my
23original birth certificate ..... the original birth
24certificate of my deceased adopted or surrendered parent .....
25the original birth certificate of my deceased adopted or
26surrendered spouse (insert deceased parent's/deceased spouse's

 

 

HB3967 Enrolled- 52 -LRB099 06337 HEP 26407 b

1name at adoption) ...... I/my deceased parent/my deceased
2spouse was born in (insert city and county of adopted or
3surrendered person's birth) ..... on ..... (insert adopted or
4surrendered person's date of birth). In the event that one or
5both of my/my deceased parent's/my deceased spouse's birth
6parents has requested that their identity not be released to
7me/to my deceased parent/to my deceased spouse, I wish to
8(check appropriate option) ..... a. receive a non-certified
9copy of the original birth certificate from which identifying
10information pertaining to the birth parent who requested
11anonymity has been deleted; or ..... b. I do not wish to
12receive received an altered copy of the original birth
13certificate.
14    Dated (insert date).
15        ...................
16
(signature)
     

 
17    (h) Any Information Exchange Authorization, Denial of
18Information Exchange, or Birth Parent Preference Form filed
19with the Registry, or Request for a Non-Certified Copy of an
20Original Birth Certificate filed with the Registry by a
21surviving adult child or surviving spouse of a deceased adopted
22or surrendered person, shall be acknowledged by the person who
23filed it before a notary public, in form substantially as
24follows:
25State of ..............

 

 

HB3967 Enrolled- 53 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 54 -LRB099 06337 HEP 26407 b

1foregoing certificate of acknowledgement, appeared before me
2in person and acknowledged that (he or she) signed such
3certificate as (his or her) free and voluntary act and that the
4statements in such certificate are true.
5    Given under my hand and notarial seal on (insert date).
6
.......................
7
(signature)
   
 
8    (j) When an Illinois Adoption Registry Application,
9Information Exchange Authorization, Denial of Information
10Exchange, Birth Parent Preference Form, or Request for a
11Non-Certified Copy of an Original Birth Certificate completed
12by a surviving adult child or surviving spouse of a deceased
13adopted or surrendered person is executed in a foreign country,
14the execution of such document shall be acknowledged or
15affirmed before an officer of the United States consular
16services.
17    (k) If the person signing an Information Exchange
18Authorization, Denial of Information, Birth Parent Preference
19Form, or Request for a Non-Certified Copy of an Original Birth
20Certificate completed by a surviving adult child or surviving
21spouse of a deceased adopted or surrendered person is in the
22military service of the United States, the execution of such
23document may be acknowledged before a commissioned officer and
24the signature of such officer on such certificate shall be
25verified or acknowledged before a notary public or by such

 

 

HB3967 Enrolled- 55 -LRB099 06337 HEP 26407 b

1other procedure as is then in effect for such division or
2branch of the armed forces.
3    (l) An adopted or surrendered person, surviving adult
4child, adult grandchild, surviving spouse, or birth parent of
5an adult adopted person who completes a Request For a
6Non-Certified Copy of the Original Birth Certificate shall meet
7the same filing requirements and pay the same filing fees as a
8non-adopted person seeking to obtain a copy of his or her
9original birth certificate.
10    (m) Beginning on January 1, 2015, any birth parent of an
11adult adopted person named on the original birth certificate
12may request a non-certified copy of the original birth
13certificate reflecting the birth of the adult adopted person,
14provided that:
15        (1) any non-certified copy of the original birth
16    certificate released under this subsection (m) shall not
17    reflect the State file number on the original birth
18    certificate; and
19        (2) if the Department of Public Health does not locate
20    the original birth certificate, it shall issue a
21    certification of no record found.
22(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15;
23revised 12-10-14.)
 
24    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
25    Sec. 18.3a. Confidential intermediary.

 

 

HB3967 Enrolled- 56 -LRB099 06337 HEP 26407 b

1    (a) General purposes. Notwithstanding any other provision
2of this Act,
3        (1) any adopted or surrendered person 21 years of age
4    or over; or
5        (2) any adoptive parent or legal guardian of an adopted
6    or surrendered person under the age of 21; or
7        (3) any birth parent of an adopted or surrendered
8    person who is 21 years of age or over; or
9        (4) any adult child or adult grandchild of a deceased
10    adopted or surrendered person; or
11        (5) any adoptive parent or surviving spouse of a
12    deceased adopted or surrendered person; or
13        (6) any adult birth sibling of the adult adopted or
14    surrendered person unless the birth parent has checked
15    Option E on the Birth Parent Preference Form or has filed a
16    Denial of Information Exchange with the Registry and is not
17    deceased; or
18        (7) any adult adopted birth sibling of an adult adopted
19    or surrendered person; or
20        (8) any adult birth sibling of the birth parent if the
21    birth parent is deceased; or
22        (9) any birth grandparent
23may petition the court in any county in the State of Illinois
24for appointment of a confidential intermediary as provided in
25this Section for the purpose of exchanging medical information
26with one or more mutually consenting biological relatives,

 

 

HB3967 Enrolled- 57 -LRB099 06337 HEP 26407 b

1obtaining identifying information about one or more mutually
2consenting biological relatives, or arranging contact with one
3or more mutually consenting biological relatives. The
4petitioner shall be required to accompany his or her petition
5with proof of registration with the Illinois Adoption Registry
6and Medical Information Exchange.
7    (b) Petition. Upon petition, the court shall appoint a
8confidential intermediary. The petition shall indicate if the
9petitioner wants to do any one or more of the following as to
10the sought-after relative or relatives: exchange medical
11information with the biological relative or relatives, obtain
12identifying information from the biological relative or
13relatives, or to arrange contact with the biological relative.
14    (c) Order. The order appointing the confidential
15intermediary shall allow that intermediary to conduct a search
16for the sought-after relative by accessing those records
17described in subsection (g) of this Section.
18    (d) Fees and expenses. The court shall not condition the
19appointment of the confidential intermediary on the payment of
20the intermediary's fees and expenses in advance of the
21commencement of the work of the confidential intermediary. No
22fee shall be charged to any petitioner.
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

 

 

HB3967 Enrolled- 58 -LRB099 06337 HEP 26407 b

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

 

 

HB3967 Enrolled- 59 -LRB099 06337 HEP 26407 b

1intermediaries shall be authorized to inspect confidential
2relinquishment and adoption records. The confidential
3intermediary shall not be authorized to access medical records,
4financial records, credit records, banking records, home
5studies, attorney file records, or other personal records. In
6cases where a birth parent is being sought, an adoption agency
7shall inform the confidential intermediary of any statement
8filed pursuant to Section 18.3, hereinafter referred to as "the
918.3 statement", indicating a desire of the surrendering birth
10parent to have identifying information shared or to not have
11identifying information shared. Information provided to the
12confidential intermediary by an adoption agency shall be
13restricted to the full name, date of birth, place of birth,
14last known address, last known telephone number of the
15sought-after relative or, if applicable, of the children or
16siblings of the sought-after relative, and the 18.3 statement.
17If the petitioner is an adult adopted or surrendered person or
18the adoptive parent of a minor and if the petitioner has signed
19a written authorization to disclose personal medical
20information, an adoption agency disclosing information to a
21confidential intermediary shall disclose available medical
22information about the adopted or surrendered person from birth
23through adoption.
24    (h) Missing or lost original birth certificate; remedy.
25Disclosure of information by the confidential intermediary
26shall be consistent with the public policy and intent of laws

 

 

HB3967 Enrolled- 60 -LRB099 06337 HEP 26407 b

1granting original birth certificate access as expressed in
2Section 18.04 of this Act. The confidential intermediary shall
3comply with the following procedures in disclosing information
4to the petitioners:
5         (1) If the petitioner is an adult adopted or
6    surrendered person, or the adult child, adult grandchild,
7    or surviving spouse of a deceased adopted or surrendered
8    person, the confidential intermediary shall disclose:
9            (A) identifying information about the birth parent
10        of the adopted person which, in the ordinary course of
11        business, would have been reflected on the original
12        filed certificate of birth, as of the date of birth,
13        only if:
14                (i) the adopted person was born before January
15            1, 1946 and the petitioner has requested a
16            non-certified copy of the adopted person's
17            original birth certificate under Section 18.1 of
18            this Act, and the Illinois Department of Public
19            Health has issued a certification that the
20            original birth certificate was not found, or the
21            petitioner has presented the confidential
22            intermediary with the non-certified copy of the
23            original birth certificate which omits the name of
24            the birth parent;
25                (ii) the adopted person was born after January
26            1, 1946, and the petitioner has requested a

 

 

HB3967 Enrolled- 61 -LRB099 06337 HEP 26407 b

1            non-certified copy of the adopted person's
2            original birth certificate under Section 18.1 of
3            this Act and the Illinois Department of Public
4            Health has issued a certification that the
5            original birth certificate was not found.
6            In providing information pursuant to this
7        subdivision (h)(1)(A), the confidential intermediary
8        shall expressly inform the petitioner in writing that
9        since the identifying information is not from an
10        official original certificate of birth filed pursuant
11        to the Vital Records Act, the confidential
12        intermediary cannot attest to the complete accuracy of
13        the information and the confidential intermediary
14        shall not be liable if the information disclosed is not
15        accurate. Only information from the court files shall
16        be provided to the petitioner in this Section. If the
17        identifying information concerning a birth father is
18        sought by the petitioner, the confidential
19        intermediary shall disclose only the identifying
20        information of the birth father as defined in Section
21        18.06 of this Act;
22            (B) the name of the child welfare agency which had
23        legal custody of the surrendered person or
24        responsibility for placing the surrendered person and
25        any available contact information for such agency;
26            (C) the name of the state in which the surrender

 

 

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1        occurred or in which the adoption was finalized; and
2            (D) any information for which the sought-after
3        relative has provided his or her consent to disclose
4        under paragraphs (1) through (4) of subsection (i) of
5        this Section.
6        (2) If the petitioner is an adult adopted or
7    surrendered person, or the adoptive parent of an adult
8    adopted or surrendered person under the age of 21, or the
9    adoptive parent of a deceased adopted or surrendered
10    person, the confidential intermediary shall provide, in
11    addition to the information listed in paragraph (1) of this
12    subsection (h):
13            (A) any information which the adoption agency
14        provides pursuant to subsection (i) of this Section
15        pertaining to medical information about the adopted or
16        surrendered person; and
17            (B) any non-identifying information, as defined in
18        Section 18.4 of this Act, that is obtained during the
19        search.
20        (3) If the petitioner is not defined in paragraph (1)
21    or (2) of this subsection, the confidential intermediary
22    shall provide to the petitioner:
23            (A) any information for which the sought-after
24        relative has provided his or her consent under
25        paragraphs (1) through (4) of subsection (i) of this
26        Section;

 

 

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1            (B) the name of the child welfare agency which had
2        legal custody of the surrendered person or
3        responsibility for placing the surrendered person and
4        any available contact information for such agency; and
5            (C) the name of the state in which the surrender
6        occurred or in which the adoption was finalized.
7    (h-5) Disclosure of information shall be made by the
8confidential intermediary at any time from the appointment of
9the confidential intermediary and the court's issuance of an
10order of dismissal.
11    (i) Duties of confidential intermediary in conducting a
12search. In conducting a search under this Section, the
13confidential intermediary shall first determine whether there
14is a Denial of Information Exchange or a Birth Parent
15Preference Form with Option E selected or an 18.3 statement
16referenced in subsection (g) of this Section on file with the
17Illinois Adoption Registry. If there is a denial, the Birth
18Parent Preference Form on file with the Registry and the birth
19parent who completed the form selected Option E, or if there is
20an 18.3 statement indicating the birth parent's intent not to
21have identifying information shared and the birth parent did
22not later file an Information Exchange Authorization with the
23Registry, the confidential intermediary must discontinue the
24search unless 5 years or more have elapsed since the execution
25of the Denial of Information Exchange, Birth Parent Preference
26Form, or the 18.3 statement. If a birth parent was previously

 

 

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1the subject of a search through the State confidential
2intermediary program, the confidential intermediary shall
3inform the petitioner of the need to discontinue the search
4until 10 years or more have elapsed since the initial search
5was closed. In cases where a birth parent has been the object
6of 2 searches through the State confidential intermediary
7program, no subsequent search for the birth parent shall be
8authorized absent a court order to the contrary.
9    In conducting a search under this Section, the confidential
10intermediary shall attempt to locate the relative or relatives
11from whom the petitioner has requested information. If the
12sought-after relative is deceased or cannot be located after a
13diligent search, the confidential intermediary may contact
14other adult relatives of the sought-after relative.
15    The confidential intermediary shall contact a sought-after
16relative on behalf of the petitioner in a manner that respects
17the sought-after relative's privacy and shall inform the
18sought-after relative of the petitioner's request for medical
19information, identifying information or contact as stated in
20the petition. Based upon the terms of the petitioner's request,
21the confidential intermediary shall contact a sought-after
22relative on behalf of the petitioner and inform the
23sought-after relative of the following options:
24        (1) The sought-after relative may totally reject one or
25    all of the requests for medical information, identifying
26    information or contact. The sought-after relative shall be

 

 

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1    informed that they can provide a medical questionnaire to
2    be forwarded to the petitioner without releasing any
3    identifying information. The confidential intermediary
4    shall inform the petitioner of the sought-after relative's
5    decision to reject the sharing of information or contact.
6        (2) The sought-after relative may consent to
7    completing a medical questionnaire only. In this case, the
8    confidential intermediary shall provide the questionnaire
9    and ask the sought-after relative to complete it. The
10    confidential intermediary shall forward the completed
11    questionnaire to the petitioner and inform the petitioner
12    of the sought-after relative's desire to not provide any
13    additional information.
14        (3) The sought-after relative may communicate with the
15    petitioner without having his or her identity disclosed. In
16    this case, the confidential intermediary shall arrange the
17    desired communication in a manner that protects the
18    identity of the sought-after relative. The confidential
19    intermediary shall inform the petitioner of the
20    sought-after relative's decision to communicate but not
21    disclose his or her identity.
22        (4) The sought-after relative may consent to initiate
23    contact with the petitioner. The confidential intermediary
24    shall obtain written consents from both parties that they
25    wish to disclose their identities to each other and to have
26    contact with each other.

 

 

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1    (j) Oath. The confidential intermediary shall sign an oath
2of confidentiality substantially as follows: "I, ..........,
3being duly sworn, on oath depose and say: As a condition of
4appointment as a confidential intermediary, I affirm that:
5        (1) I will not disclose to the petitioner, directly or
6    indirectly, any confidential information except in a
7    manner consistent with the law.
8        (2) I recognize that violation of this oath subjects me
9    to civil liability and to a potential finding of contempt
10    of court. ................................
11SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
12date)
13................................."
14    (k) Sanctions.
15        (1) Any confidential intermediary who improperly
16    discloses confidential information identifying a
17    sought-after relative shall be liable to the sought-after
18    relative for damages and may also be found in contempt of
19    court.
20        (2) Any person who learns a sought-after relative's
21    identity, directly or indirectly, through the use of
22    procedures provided in this Section and who improperly
23    discloses information identifying the sought-after
24    relative shall be liable to the sought-after relative for
25    actual damages plus minimum punitive damages of $10,000.
26        (3) The Department shall fine any confidential

 

 

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1    intermediary who improperly discloses confidential
2    information in violation of item (1) or (2) of this
3    subsection (k) an amount up to $2,000 per improper
4    disclosure. This fine does not affect civil liability under
5    item (2) of this subsection (k). The Department shall
6    deposit all fines and penalties collected under this
7    Section into the Illinois Adoption Registry and Medical
8    Information Fund.
9    (l) Death of person being sought. Notwithstanding any other
10provision of this Act, if the confidential intermediary
11discovers that the person being sought has died, he or she
12shall report this fact to the court, along with a copy of the
13death certificate. If the sought-after relative is a birth
14parent, the confidential intermediary shall also forward a copy
15of the birth parent's death certificate, if available, to the
16Registry for inclusion in the Registry file.
17    (m) Any confidential information obtained by the
18confidential intermediary during the course of his or her
19search shall be kept strictly confidential and shall be used
20for the purpose of arranging contact between the petitioner and
21the sought-after birth relative. At the time the case is
22closed, all identifying information shall be returned to the
23court for inclusion in the impounded adoption file.
24    (n) (Blank).
25    (o) Except as provided in subsection (k) of this Section,
26no liability shall accrue to the State, any State agency, any

 

 

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1judge, any officer or employee of the court, any certified
2confidential intermediary, or any agency designated to oversee
3confidential intermediary services for acts, omissions, or
4efforts made in good faith within the scope of this Section.
5    (p) An adoption agency that has received a request from a
6confidential intermediary for the full name, date of birth,
7last known address, or last known telephone number of a
8sought-after relative pursuant to subsection (g) of Section
918.3a, or for medical information regarding a sought-after
10relative pursuant to subsection (h) of Section 18.3a, must
11satisfactorily comply with this court order within a period of
1245 days. The court shall order the adoption agency to reimburse
13the petitioner in an amount equal to all payments made by the
14petitioner to the confidential intermediary, and the adoption
15agency shall be subject to a civil monetary penalty of $1,000
16to be paid to the Department of Children and Family Services.
17Following the issuance of a court order finding that the
18adoption agency has not complied with Section 18.3, the
19adoption agency shall be subject to a monetary penalty of $500
20per day for each subsequent day of non-compliance. Proceeds
21from such fines shall be utilized by the Department of Children
22and Family Services to subsidize the fees of petitioners as
23referenced in subsection (d) of this Section.
24    (q) (Blank).
25    Any reimbursements and fines, notwithstanding any
26reimbursement directly to the petitioner, paid under this

 

 

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1subsection are in addition to other remedies a court may
2otherwise impose by law.
3    The Department of Children and Family Services shall submit
4reports to the Adoption Registry-Confidential Intermediary
5Advisory Council by July 1 and January 1 of each year in order
6to report the penalties assessed and collected under this
7subsection, the amounts of related deposits into the DCFS
8Children's Services Fund, and any expenditures from such
9deposits.
10(Source: P.A. 97-110, eff. 7-14-11; 97-1063, eff. 1-1-13;
1198-704, eff. 1-1-15.)
 
12    (750 ILCS 50/18.6)  (from Ch. 40, par. 1522.6)
13    Sec. 18.6. Registry fees. The Department of Public Health
14shall levy a fee for each registrant under Sections 18.05
15through 18.5. A $15 fee shall be charged for registering with
16the Illinois Adoption Registry and Medical Information
17Exchange. However, this fee shall be waived for all adopted or
18surrendered persons, surviving children and spouses of
19deceased adopted persons, adoptive parents, legal guardians,
20birth parents, birth grandparents, birth aunts, birth uncles,
21and birth siblings who complete a Medical Information Exchange
22Questionnaire at the time of registration and authorize its
23release to specified registered parties, and for adoptive
24parents registering within 12 months of the finalization of the
25adoption. All persons who were registered with the Illinois

 

 

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1Adoption Registry prior to the effective date of this
2amendatory Act of 1999 and who wish to update their
3registration may do so without charge. No charge of any kind
4shall be made for the withdrawal of any form provided in
5Section 18.2.
6(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)