Illinois General Assembly - Full Text of HB0009
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0009  102nd General Assembly

HB0009eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0009 EngrossedLRB102 02773 CPF 12780 b

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
5Sections 17, 25.3, and 25.4 and adding Section 25.6 as
6follows:
 
7    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
8    Sec. 17. (1) For a person born in this State, the State
9Registrar of Vital Records shall establish a new certificate
10of birth when he receives any of the following:
11        (a) A certificate of adoption as provided in Section
12    16 or a certified copy of the order of adoption together
13    with the information necessary to identify the original
14    certificate of birth and to establish the new certificate
15    of birth; except that a new certificate of birth shall not
16    be established if so requested by the court ordering the
17    adoption, the adoptive parents, or the adopted person.
18        (b) A certificate of adoption or a certified copy of
19    the order of adoption entered in a court of competent
20    jurisdiction of any other state or country declaring
21    adopted a child born in the State of Illinois, together
22    with the information necessary to identify the original
23    certificate of birth and to establish the new certificate

 

 

HB0009 Engrossed- 2 -LRB102 02773 CPF 12780 b

1    of birth; except that a new certificate of birth shall not
2    be established if so requested by the court ordering the
3    adoption, the adoptive parents, or the adopted person.
4        (c) A request that a new certificate be established
5    and such evidence as required by regulation proving that
6    such person has been legitimatized, or that the circuit
7    court, the Department of Healthcare and Family Services
8    (formerly Illinois Department of Public Aid), or a court
9    or administrative agency of any other state has
10    established the paternity of such a person by judicial or
11    administrative processes or by voluntary acknowledgment,
12    which is accompanied by the social security numbers of all
13    persons determined and presumed to be the parents.
14        (d) (Blank). A declaration by a licensed health care
15    professional or licensed mental health professional who
16    has treated or evaluated a person stating that the person
17    has undergone treatment that is clinically appropriate for
18    that individual for the purpose of gender transition,
19    based on contemporary medical standards, or that the
20    individual has an intersex condition, and that the sex
21    designation on such person's birth record should therefore
22    be changed. The information in the declaration shall be
23    proved by the licensed health care professional or
24    licensed mental health professional signing and dating it
25    in substantially the following form: "I declare (or
26    certify, verify, or state) under penalty of perjury that

 

 

HB0009 Engrossed- 3 -LRB102 02773 CPF 12780 b

1    the foregoing is true and correct. Executed on (date).".
2    The new certificate of birth shall reflect any legal name
3    change, so long as the appropriate documentation of the
4    name change is submitted.
5        (e) A statement signed by the person in which the
6    person attests to making the request for the purpose of
7    affirming the person's gender identity or intersex
8    condition and that the sex designation on the person's
9    certificate of birth should therefore be changed to a
10    male, female, or X designation.
11    Each request for a new certificate of birth shall be
12accompanied by a fee of $15 and entitles the applicant to one
13certification or certified copy of the new certificate. If the
14request is for additional copies, it shall be accompanied by a
15fee of $2 for each additional certification or certified copy.
16The fee for a new certificate of birth shall not be required
17from a person (1) upon release on parole, mandatory supervised
18release, final discharge, or pardon from the Department of
19Corrections if the person presents a prescribed verification
20form completed by the Department of Corrections verifying the
21released person's date of birth and social security number, or
22(2) placed on aftercare release under the Juvenile Court Act
23of 1987, upon release on parole, mandatory supervised release,
24final discharge, or pardon from the Department of Juvenile
25Justice if the person presents a prescribed verification form
26completed by the Department of Juvenile Justice verifying the

 

 

HB0009 Engrossed- 4 -LRB102 02773 CPF 12780 b

1person's date of birth and social security number. However,
2the person is entitled to only one new certificate of birth fee
3waiver.
4    (2) When a new certificate of birth is established, the
5actual place and date of birth shall be shown; provided, in the
6case of adoption of a person born in this State by parents who
7were residents of this State at the time of the birth of the
8adopted person, the place of birth may be shown as the place of
9residence of the adoptive parents at the time of such person's
10birth, if specifically requested by them, and any new
11certificate of birth established prior to the effective date
12of this amendatory Act may be corrected accordingly if so
13requested by the adoptive parents or the adopted person when
14of legal age. The social security numbers of the parents shall
15not be recorded on the certificate of birth. The social
16security numbers may only be used for purposes allowed under
17federal law. The new certificate shall be substituted for the
18original certificate of birth:
19        (a) Thereafter, the original certificate and the
20    evidence of paternity, legitimation, or change of sex
21    designation shall not be subject to inspection or
22    certification except upon order of the circuit court,
23    request of the person named on the certificate of birth,
24    or as provided by regulation. If the new certificate was
25    issued subsequent to an adoption, then the evidence of
26    adoption is not subject to inspection or certification

 

 

HB0009 Engrossed- 5 -LRB102 02773 CPF 12780 b

1    except upon order of the circuit court or as provided by
2    rule, and the original certificate shall not be subject to
3    inspection until the adopted person has reached the age of
4    21; thereafter, the original certificate shall be made
5    available as provided by Section 18.1b of the Adoption
6    Act, and nothing in this subsection shall impede or
7    prohibit access to the original birth certificate under
8    Section 18.1b of the Adoption Act.
9        (b) Upon receipt of notice of annulment of adoption,
10    the original certificate of birth shall be restored to its
11    place in the files, and the new certificate and evidence
12    shall not be subject to inspection or certification except
13    upon order of the circuit court.
14    (3) If no certificate of birth is on file for the person
15for whom a new certificate is to be established under this
16Section, a delayed record of birth shall be filed with the
17State Registrar of Vital Records as provided in Section 14 or
18Section 15 of this Act before a new certificate of birth is
19established, except that when the date and place of birth and
20parentage have been established in the adoption proceedings, a
21delayed record shall not be required.
22    (4) When a new certificate of birth is established by the
23State Registrar of Vital Records, all copies of the original
24certificate of birth in the custody of any custodian of
25permanent local records in this State shall be transmitted to
26the State Registrar of Vital Records as directed, and shall be

 

 

HB0009 Engrossed- 6 -LRB102 02773 CPF 12780 b

1sealed from inspection except as provided by Section 18.1b of
2the Adoption Act.
3    (5) Nothing in this Section shall be construed to prohibit
4the amendment of a birth certificate in accordance with
5subsection (6) of Section 22.
6(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)
 
7    (410 ILCS 535/25.3)
8    Sec. 25.3. Homeless person birth record request.
9    (a) For the purposes of this Section, an individual's
10status as a homeless person may be verified by a human services
11agency, legal services agency, or other similar agency that
12has knowledge of the individual's housing status, including,
13but not limited to:
14        (1) a homeless service agency receiving federal,
15    State, county, or municipal funding to provide those
16    services or otherwise sanctioned by a local continuum of
17    care;
18        (2) an attorney licensed to practice in the State;
19        (3) a public school homeless liaison or school social
20    worker; or
21        (4) a human services provider funded by the State to
22    serve homeless or runaway youth, individuals with mental
23    illness, or individuals with addictions.
24    Individuals who are homeless must not be charged for this
25verification.

 

 

HB0009 Engrossed- 7 -LRB102 02773 CPF 12780 b

1    Anyone who knowingly or purposefully falsifies this
2verification is subject to a penalty of $100.
3    (b) Applicable fees under Section 17 for a new certificate
4of birth and under Section 25 of this Act for a search for a
5birth record or a certified copy of a birth record shall be
6waived for all requests made by a homeless person whose status
7is verified under subsection (a) of this Section.
8    The State Registrar of Vital Records shall establish
9standards and procedures consistent with this Section for
10waiver of such applicable fees.
11    (c) A homeless person shall be provided no more than 4
12birth records annually under this Section.
13(Source: P.A. 100-506, eff. 1-1-18.)
 
14    (410 ILCS 535/25.4)
15    Sec. 25.4. Youth in care birth record request.
16    (a) For the purposes of this Section, an individual's
17status as a youth in care may be verified:
18        (1) with a copy of the court order placing the youth in
19    the guardianship or custody of the Department of Children
20    and Family Services or terminating the Department of
21    Children and Family Services' guardianship or custody of
22    the youth; or
23        (2) by a human services agency, legal services agency,
24    or other similar agency that has knowledge of the
25    individual's youth in care status, including, but not

 

 

HB0009 Engrossed- 8 -LRB102 02773 CPF 12780 b

1    limited to:
2            (A) a child welfare agency, including the
3        Department of Children and Family Services; or
4            (B) the attorney or guardian ad litem who served
5        as the youth in care's attorney or guardian ad litem
6        during proceedings under the Juvenile Court Act of
7        1987.
8    A person described in subsection (b) of this Section must
9not be charged for verification under this Section.
10    A person who knowingly or purposefully falsifies this
11verification is subject to a penalty of $100.
12    (b) The applicable fees under Section 17 for a new
13certificate of birth and under Section 25 of this Act for a
14search for a birth record or a certified copy of a birth record
15shall be waived for all requests made by:
16        (1) a youth in care, as defined in Section 4d of the
17    Children and Family Services Act, whose status is verified
18    under subsection (a) of this Section; or
19        (2) a person under the age of 27 who was a youth in
20    care, as defined in Section 4d of the Children and Family
21    Services Act, on or after his or her 18th birthday and
22    whose status is verified under subsection (a) of this
23    Section.
24    The State Registrar of Vital Records shall establish
25standards and procedures consistent with this Section for
26waiver of the applicable fees.

 

 

HB0009 Engrossed- 9 -LRB102 02773 CPF 12780 b

1    (c) A person shall be provided no more than 4 birth records
2annually under this Section.
3(Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
4    (410 ILCS 535/25.6 new)
5    Sec. 25.6. Fee waiver; persons who reside in a shelter for
6domestic violence.
7    (a) The applicable fees under Section 17 of this Act for a
8new certificate of birth and Section 25 of this Act for a
9search of a birth record or a certified copy of a birth record
10shall be waived for all requests by a person who resides in a
11shelter for domestic violence. The State Registrar of Vital
12Records shall establish standards and procedures consistent
13with this Section for waiver of the applicable fees. A person
14described under this Section must not be charged for
15verification under this Section. A person who knowingly or
16purposefully falsifies this verification is subject to a
17penalty of $100.
18    (b) A person who resides in a shelter for domestic
19violence shall be provided no more than 4 birth records
20annually under this Section.
 
21    Section 99. Effective date. This Act takes effect January
221, 2022.

 

 

HB0009 Engrossed- 10 -LRB102 02773 CPF 12780 b

1 INDEX
2 Statutes amended in order of appearance
3    410 ILCS 535/17from Ch. 111 1/2, par. 73-17
4    410 ILCS 535/25.3
5    410 ILCS 535/25.4
6    410 ILCS 535/25.6 new