State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Greg Harris


410 ILCS 535/1  from Ch. 111 1/2, par. 73-1
410 ILCS 535/17  from Ch. 111 1/2, par. 73-17

    Amends the Vital Records Act. Defines "licensed medical or mental health professional" and "intersex condition". Changes provisions concerning the issuance of new birth certificates for individuals that have undergone gender transition treatment. Provides that in order to change an individual's sex designation on their birth certificate, a licensed medical or mental health professional must make a declaration concerning the treatment. Requires that the licensed medical or mental health professional sign and date a specified statement. Provides that newly issued birth certificates may reflect a name change if the documents for a name change are submitted. Changes a reference from "sex change" to "change of sex designation". Provides that following the issuance of a new birth certificate, the individual may request the original certificate and evidence of adoption, paternity, legitimation, or change of sex designation for inspection or certification purposes.

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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Vital Records Act is amended by changing
5Section 1 and 17 as follows:
6    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
7    Sec. 1. As used in this Act, unless the context otherwise
9    (1) "Vital records" means records of births, deaths, fetal
10deaths, marriages, dissolution of marriages, and data related
12    (2) "System of vital records" includes the registration,
13collection, preservation, amendment, and certification of
14vital records, and activities related thereto.
15    (3) "Filing" means the presentation of a certificate,
16report, or other record provided for in this Act, of a birth,
17death, fetal death, adoption, marriage, or dissolution of
18marriage, for registration by the Office of Vital Records.
19    (4) "Registration" means the acceptance by the Office of
20Vital Records and the incorporation in its official records of
21certificates, reports, or other records provided for in this
22Act, of births, deaths, fetal deaths, adoptions, marriages, or
23dissolution of marriages.



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1    (5) "Live birth" means the complete expulsion or extraction
2from its mother of a product of human conception, irrespective
3of the duration of pregnancy, which after such separation
4breathes or shows any other evidence of life such as beating of
5the heart, pulsation of the umbilical cord, or definite
6movement of voluntary muscles, whether or not the umbilical
7cord has been cut or the placenta is attached.
8    (6) "Fetal death" means death prior to the complete
9expulsion or extraction from its mother of a product of human
10conception, irrespective of the duration of pregnancy; the
11death is indicated by the fact that after such separation the
12fetus does not breathe or show any other evidence of life such
13as beating of the heart, pulsation of the umbilical cord, or
14definite movement of voluntary muscles.
15    (7) "Dead body" means a lifeless human body or parts of
16such body or bones thereof from the state of which it may
17reasonably be concluded that death has occurred.
18    (8) "Final disposition" means the burial, cremation, or
19other disposition of a dead human body or fetus or parts
21    (9) "Physician" means a person licensed to practice
22medicine in Illinois or any other State.
23    (10) "Institution" means any establishment, public or
24private, which provides in-patient medical, surgical, or
25diagnostic care or treatment, or nursing, custodial, or
26domiciliary care to 2 or more unrelated individuals, or to



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1which persons are committed by law.
2    (11) "Department" means the Department of Public Health of
3the State of Illinois.
4    (12) "Director" means the Director of the Illinois
5Department of Public Health.
6    (13) "Licensed medical or mental health professional"
7means a person licensed to practice as a medical or mental
8health professional in Illinois or any other state or country.
9    (14) "Intersex condition" means a condition in which a
10person is born with a reproductive or sexual anatomy or
11chromosome pattern that does not fit typical definitions of
12male or female.
13(Source: P.A. 81-230.)
14    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
15    Sec. 17. (1) For a person born in this State, the State
16Registrar of Vital Records shall establish a new certificate of
17birth when he receives any of the following:
18        (a) A certificate of adoption as provided in Section 16
19    or a certified copy of the order of adoption together with
20    the information necessary to identify the original
21    certificate of birth and to establish the new certificate
22    of birth; except that a new certificate of birth shall not
23    be established if so requested by the court ordering the
24    adoption, the adoptive parents, or the adopted person.
25        (b) A certificate of adoption or a certified copy of



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1    the order of adoption entered in a court of competent
2    jurisdiction of any other state or country declaring
3    adopted a child born in the State of Illinois, together
4    with the information necessary to identify the original
5    certificate of birth and to establish the new certificate
6    of birth; except that a new certificate of birth shall not
7    be established if so requested by the court ordering the
8    adoption, the adoptive parents, or the adopted person.
9        (c) A request that a new certificate be established and
10    such evidence as required by regulation proving that such
11    person has been legitimatized, or that the circuit court,
12    the Department of Healthcare and Family Services (formerly
13    Illinois Department of Public Aid), or a court or
14    administrative agency of any other state has established
15    the paternity of such a person by judicial or
16    administrative processes or by voluntary acknowledgment,
17    which is accompanied by the social security numbers of all
18    persons determined and presumed to be the parents.
19        (d) A declaration An affidavit by a licensed medical or
20    mental health professional who has treated or evaluated a
21    person stating physician that the he has performed an
22    operation on a person has undergone treatment that is
23    clinically appropriate for that individual for the purpose
24    of gender transition, based on contemporary medical
25    standards, or that the individual has an intersex
26    condition, and that by reason of the operation the sex



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1    designation on such person's birth record should therefore
2    be changed. The information in the declaration shall be
3    proved by the licensed medical or mental health
4    professional signing and dating it in substantially the
5    following form: "I declare (or certify, verify, or state)
6    under penalty of perjury that the foregoing is true and
7    correct. Executed on (date).". The new certificate of birth
8    shall reflect any legal name change, so long as the
9    appropriate documentation of the name change is submitted.
10    The State Registrar of Vital Records may make any
11    investigation or require any further information he deems
12    necessary.
13    Each request for a new certificate of birth shall be
14accompanied by a fee of $15 and entitles the applicant to one
15certification or certified copy of the new certificate. If the
16request is for additional copies, it shall be accompanied by a
17fee of $2 for each additional certification or certified copy.
18    (2) When a new certificate of birth is established, the
19actual place and date of birth shall be shown; provided, in the
20case of adoption of a person born in this State by parents who
21were residents of this State at the time of the birth of the
22adopted person, the place of birth may be shown as the place of
23residence of the adoptive parents at the time of such person's
24birth, if specifically requested by them, and any new
25certificate of birth established prior to the effective date of
26this amendatory Act may be corrected accordingly if so



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1requested by the adoptive parents or the adopted person when of
2legal age. The social security numbers of the parents shall not
3be recorded on the certificate of birth. The social security
4numbers may only be used for purposes allowed under federal
5law. The new certificate shall be substituted for the original
6certificate of birth:
7        (a) Thereafter, the original certificate and the
8    evidence of adoption, paternity, legitimation, or sex
9    change of sex designation shall not be subject to
10    inspection or certification except upon order of the
11    circuit court, request of the person, or as provided by
12    regulation. If the new certificate was issued subsequent to
13    an adoption, the original certificate shall not be subject
14    to inspection until the adopted person has reached the age
15    of 21; thereafter, the original certificate shall be made
16    available as provided by Section 18.1b of the Adoption Act.
17        (b) Upon receipt of notice of annulment of adoption,
18    the original certificate of birth shall be restored to its
19    place in the files, and the new certificate and evidence
20    shall not be subject to inspection or certification except
21    upon order of the circuit court.
22    (3) If no certificate of birth is on file for the person
23for whom a new certificate is to be established under this
24Section, a delayed record of birth shall be filed with the
25State Registrar of Vital Records as provided in Section 14 or
26Section 15 of this Act before a new certificate of birth is



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1established, except that when the date and place of birth and
2parentage have been established in the adoption proceedings, a
3delayed record shall not be required.
4    (4) When a new certificate of birth is established by the
5State Registrar of Vital Records, all copies of the original
6certificate of birth in the custody of any custodian of
7permanent local records in this State shall be transmitted to
8the State Registrar of Vital Records as directed, and shall be
9sealed from inspection except as provided by Section 18.1b of
10the Adoption Act.
11    (5) Nothing in this Section shall be construed to prohibit
12the amendment of a birth certificate in accordance with
13subsection (6) of Section 22.
14(Source: P.A. 97-110, eff. 7-14-11.)