Illinois General Assembly - Full Text of HB5428
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Full Text of HB5428  96th General Assembly

HB5428ham001 96TH GENERAL ASSEMBLY

Adoption Reform Committee

Adopted in House Comm. on Mar 03, 2010

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5428

2     AMENDMENT NO. ______. Amend House Bill 5428 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Adoption Act is amended by changing
5 Sections 18.04, 18.05, 18.06, 18.07, 18.1, 18.1a, 18.1b, 18.2,
6 18.3, 18.3a, 18.5, and 18.6 as follows:
 
7     (750 ILCS 50/18.04)
8     Sec. 18.04. Original Birth Certificate Access The Illinois
9 Adoption Registry and Medical Information Exchange;
10 legislative intent. The General Assembly recognizes that it is
11 the basic right of all persons to access their birth records,
12 and, to this end, supports public policy that allows an adult
13 adoptee to access his or her original birth certificate. The
14 General Assembly further recognizes that there are
15 circumstances under which a birth parent may have compelling
16 reasons for wishing to remain anonymous to a child he or she

 

 

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1 surrendered for adoption. In an effort to balance these
2 interests, the General Assembly supports public policy that
3 releases a non-certified copy of the original birth certificate
4 to an adult adopted person upon request unless a specific
5 request for anonymity has been filed with the Registry by a
6 birth parent named on the original birth certificate the
7 importance of creating a procedure by which mutually consenting
8 adult members of birth and adoptive families, and adult adopted
9 or surrendered persons may voluntarily exchange vital medical
10 information throughout the life of the adopted or surrendered
11 person. The General Assembly supports public policy that
12 requires explicit mutual consent prior to the release of
13 confidential information. The General Assembly further
14 recognizes that it is in the best interest of adopted and
15 surrendered persons that birth family medical histories and the
16 preferences regarding contact of all parties to an adoption be
17 compiled, preserved and provided to mutually consenting
18 members of birth and adoptive families.
19 (Source: P.A. 94-173, eff. 1-1-06.)
 
20     (750 ILCS 50/18.05)
21     Sec. 18.05. The Illinois Adoption Registry and Medical
22 Information Exchange.
23     (a) General function. Subject to appropriation, the
24 Department of Public Health shall administer the Illinois
25 Adoption Registry and Medical Information Exchange in the

 

 

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1 manner outlined in subsections (b) and (c) for the purpose of
2 facilitating the voluntary exchange of identifying and medical
3 information between mutually consenting members of birth and
4 adoptive families. The Department shall establish rules for the
5 confidential operation of the Illinois Adoption Registry. The
6 Department shall appoint an OBC-Access Public Information
7 Campaign Oversight Committee comprised of representatives of
8 the Department of Public Health and the Department of Children
9 and Family Services, as well as one representative from each of
10 the following organizations: Adoptees, Birth Parents and
11 Adoptive Parents Together; Adoption Advocates of America;
12 Adoptive Families Today; Agudath Israel of America; American
13 Adoption Congress; The Baby Fold; Catholic Conference of
14 Illinois; Chicago Area Families for Adoption; Chicago Bar
15 Association; Child Care Association of Illinois; Children's
16 Home and Aid Society of Illinois; Child Welfare Advisory
17 Council; The Cradle; Healing Hearts; For Birth Parents by
18 Birthparents; Illinois Foster Parents Association; Illinois
19 State Bar Association; Illinois State Medical Society; LDS
20 Social Services; Lutheran Social Services of Illinois;
21 Maryville Academy; Midwest Adoption Center; St. Mary's
22 Services; and Stars of David. On and after the effective date
23 of this amendatory Act of the 96th General Assembly, the
24 OBC-Access Public Information Campaign Oversight Committee
25 shall develop and ensure the timely implementation of a
26 year-long, nationwide campaign to be conducted from November 1,

 

 

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1 2010, through November 30, 2011, for the express purpose of
2 informing the public in earnest about the conditions under
3 which an adult adopted or surrendered person may receive a
4 non-certified copy of his or her original birth certificate,
5 and the procedures pursuant to which a birth parent may file a
6 Birth Parent Preference Form to express his or her wishes with
7 respect to contact with a surrendered son or daughter and the
8 release of identifying information that appears on the original
9 birth certificate. This year-long informational campaign shall
10 include, but not be limited to:
11     (1) Public service announcements to be distributed to local
12 and national radio and television stations.
13     (2) Notices to be distributed throughout Illinois to
14 physicians' offices, religious institutions, social welfare
15 organizations, retirement homes, and other entities capable of
16 reaching individuals who may be impacted by this change in the
17 law.
18     (3) An informational website exclusively devoted to
19 providing the general public with information about the new law
20 as well as other forms of free electronic media.
21     (4) Press releases to be distributed to local and national
22 radio and television stations, as well as to relevant websites.
23     (5) Announcements about the new law to be posted on the
24 websites of all adoption agencies licensed in the State.
25     (6) Notices accompanying every vehicle registration
26 renewal application issued by the Secretary of State's office

 

 

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1 between November 1, 2010, and November 1, 2011.
2     (7) Notices enclosed with driver's license renewal
3 applications issued by the Secretary of State's office
4 beginning 30 days after the effective date of this amendatory
5 Act of the 96th General Assembly and through November 30, 2014.
6 conduct a public information campaign through public service
7 announcements and other forms of media coverage and, until
8 December 31, 2010, through notices enclosed with driver's
9 license renewal applications, shall inform the public of the
10 Illinois Adoption Registry and Medical Information Exchange.
11     The Illinois Adoption Registry shall also maintain an
12 informational Internet site where interested parties may
13 access information about the Illinois Adoption Registry and
14 Medical Information Exchange and download all necessary
15 application forms. The Illinois Adoption Registry shall
16 maintain statistical records regarding Registry participation
17 and publish and circulate to the public informational material
18 about the function and operation of the Registry.
19     (b) Establishment of the Adoption/Surrender Records File.
20 When a person has voluntarily registered with the Illinois
21 Adoption Registry and completed an Illinois Adoption Registry
22 Application or a Registration Identification Form, the
23 Registry shall establish a new Adoption/Surrender Records
24 File. Such file may concern an adoption that was finalized by a
25 court action in the State of Illinois, an adoption of a person
26 born in Illinois finalized by a court action in a state other

 

 

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1 than Illinois or in a foreign country, a surrender taken in the
2 State of Illinois, or an adoption filed according to Section
3 16.1 of the Vital Records Act under a Record of Foreign Birth
4 that was not finalized by a court action in the State of
5 Illinois. Such file may be established for adoptions or
6 surrenders finalized prior to as well as after the effective
7 date of this amendatory Act. A file may be created in any
8 manner to preserve documents including but not limited to
9 microfilm, optical imaging, or electronic documents.
10     (c) Contents of the Adoption/Surrender Records File. An
11 established Adoption/Surrender Records File shall be limited
12 to the following items, to the extent that they are available:
13         (1) The General Information Section and Medical
14     Information Exchange Questionnaire of any Illinois
15     Adoption Registry Application or a Registration
16     Identification Form which has been voluntarily completed
17     by any registered party.
18         (2) Any photographs voluntarily provided by any
19     registrant for any other registered party at the time of
20     registration or any time thereafter. All such photographs
21     shall be submitted in an unsealed envelope no larger than 8
22     1/2" x 11", and shall not include identifying information
23     pertaining to any person other than the registrant who
24     submitted them. Any such identifying information shall be
25     redacted by the Department or the information shall be
26     returned for removal of identifying information.

 

 

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1         (3) Any Information Exchange Authorization, or Denial
2     of Information Exchange, or Birth Parent Preference Form
3     which has been filed by a registrant.
4         (4) For all adoptions finalized after January 1, 2000,
5     copies of the original certificate of live birth and the
6     certificate of adoption.
7         (5) Any updated address submitted by any registered
8     party about himself or herself.
9         (6) Any proof of death that which has been submitted by
10     a registrant.
11         (7) Any birth certificate that has been submitted by a
12     registrant.
13         (8) Any marriage certificate that has been submitted by
14     a registrant.
15         (9) Any proof of guardianship that has been submitted
16     by a registrant.
17         (10) Any Request for a Non-Certified Copy of an
18     Original Birth Certificate that has been filed with the
19     Registry by an adult adopted or surrendered person or by a
20     surviving adult child or surviving spouse of a deceased
21     adopted or surrendered person who has registered with the
22     Registry.
23     (d) An established Adoption/Surrender Records File for an
24 adoption filed in Illinois under a Record of Foreign Birth that
25 was not finalized in a court action in the State of Illinois
26 shall be limited to the following items submitted to the State

 

 

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1 Registrar of Vital Records under Section 16.1 of the Vital
2 Records Act, to the extent that they are available:
3         (1) Evidence as to the child's birth date and
4     birthplace (including the country of birth and, if
5     available, the city and province of birth) provided by the
6     original birth certificate, or by a certified copy,
7     extract, or translation thereof or by other document
8     essentially equivalent thereto (the records of the U.S.
9     Immigration and Naturalization Service or of the U.S.
10     Department of State to be considered essentially
11     equivalent thereto).
12         (2) A certified copy, extract, or translation of the
13     adoption decree or other document essentially equivalent
14     thereto (the records of the U.S. Immigration and
15     Naturalization Service or of the U.S. Department of State
16     to be considered essentially equivalent thereto).
17         (3) A copy of the IR-3 visa.
18         (4) The name and address of the adoption agency that
19     handled the adoption.
20 (Source: P.A. 94-173, eff. 1-1-06; 94-430, eff. 8-2-05; 95-331,
21 eff. 8-21-07.)
 
22     (750 ILCS 50/18.06)
23     Sec. 18.06. Definitions. When used in Sections 18.05
24 through Section 18.6, for the purposes of the Registry:
25     "Adopted person" means a person who was adopted pursuant to

 

 

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1 the laws in effect at the time of the adoption.
2     "Adoptive parent" means a person who has become a parent
3 through the legal process of adoption.
4     "Adult child" means the biological child 21 years of age or
5 over of a deceased adopted or surrendered person.
6     "Adult Adopted or Surrendered Person" means an adopted or
7 surrendered person 21 years of age or over.
8     "Agency" means a public child welfare agency or a licensed
9 child welfare agency.
10     "Birth aunt" means the adult full or half sister of a
11 deceased birth parent.
12     "Birth father" means the biological father of an adopted or
13 surrendered person who is named on the original certificate of
14 live birth or on a consent or surrender document, or a
15 biological father whose paternity has been established by a
16 judgment or order of the court, pursuant to the Illinois
17 Parentage Act of 1984.
18     "Birth mother" means the biological mother of an adopted or
19 surrendered person.
20     "Birth parent" means a birth mother or birth father of an
21 adopted or surrendered person.
22     "Birth Parent Preference Form" means the form prepared by
23 the Department of Public Health pursuant to Section 18.2
24 completed by a birth parent registrant and filed with the
25 Registry that indicates the birth parent's preferences
26 regarding contact and the release of his or her identifying

 

 

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

 

 

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1 means a non-certified copy of the original certificate of live
2 birth of an adult adopted or surrendered person who was born in
3 Illinois.
4     "Proof of death" means a death certificate.
5     "Registrant" or "Registered Party" means a birth parent,
6 birth sibling, birth aunt, birth uncle, adopted or surrendered
7 person 21 years of age or over, adoptive parent or legal
8 guardian of an adopted or surrendered person under the age of
9 21, or adoptive parent, surviving spouse, or adult child of a
10 deceased adopted or surrendered person who has filed an
11 Illinois Adoption Registry Application or Registration
12 Identification Form with the Registry.
13     "Registry" means the Illinois Adoption Registry and
14 Medical Information Exchange.
15     "Request for a Non-Certified Copy of an Original Birth
16 Certificate" means an affidavit completed by an adult adopted
17 or surrendered person or by the surviving adult child or
18 surviving spouse of a deceased adopted or surrendered person
19 and filed with the Registry requesting a non-certified copy of
20 an adult adopted or surrendered person's original certificate
21 of live birth in Illinois.
22     "Surrendered person" means a person whose parents' rights
23 have been surrendered or terminated but who has not been
24 adopted.
25     "Surviving spouse" means the wife or husband of a deceased
26 adopted or surrendered person who has one or more biological

 

 

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1 children under the age of 21.
2     "18.3 Statement" means a statement regarding the
3 disclosure of identifying information signed by a birth parent
4 under Section 18.3 of this Act as it existed immediately prior
5 to the effective date of this amendatory Act of the 96th
6 General Assembly.
7 (Source: P.A. 94-173, eff. 1-1-06.)
 
8     (750 ILCS 50/18.07)
9     Sec. 18.07. Adoption Registry Advisory Council. There is
10 established an Adoption Registry Advisory Council. The Council
11 shall meet twice yearly, and at least once yearly jointly with
12 the Confidential Intermediary Advisory Council. The Council
13 shall be chaired by the Director of the Department of Public
14 Health or his designee. The Council shall include the Director
15 of the Department of Children and Family Services or his
16 designee. The Council shall also include one representative
17 from each of the following organizations: Adoption Advocates of
18 Illinois, Adoptive Families Today, American Adoption Congress,
19 Catholic Conference of Illinois, Chicago Area Families for
20 Adoption, Chicago Bar Association, Child Care Association of
21 Illinois, Children Remembered, Inc., Children's Home and Aid
22 Society of Illinois, Child Welfare Advisory Council, The
23 Cradle, Healing Hearts, Illinois Foster Parents Association,
24 Illinois State Bar Association, Illinois State Medical
25 Society, Jewish Children's Bureau, Kids Help Foundation, LDS

 

 

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1 Social Services, Lutheran Social Services of Illinois,
2 Maryville Academy, Midwest Adoption Center, St. Mary's
3 Services, Stars of David, and Truthseekers in Adoption.
4     If any one of the above named organizations notifies the
5 Director of the Department of Public Health in writing that the
6 organization does not wish to participate on the Advisory
7 Council or that the organization is no longer functioning, the
8 Director shall appoint another organization that represents
9 the same constituency as the named organization to replace the
10 named organization on the Council.
11 The Council's responsibilities shall include the following:
12         1) Advising the Department on the development of rules,
13     procedures, and forms utilized by the Illinois Adoption
14     Registry and Medical Information Exchange;
15         2) Making recommendations regarding the procedures,
16     tools and technology that will ensure efficient and
17     effective operation of the Registry;
18         3) Submitting a report to the Governor and the General
19     Assembly no later than January 1, 2001, on the status of
20     the Registry, an evaluation of the effectiveness of the
21     Registry, and pertinent statistics regarding the Registry;
22         3) 4) Assisting the Department with the development,
23     publication, and circulation of an informational pamphlet
24     that describes the purpose, function, and mechanics of the
25     Illinois Adoption Registry and Medical Information
26     Exchange, including information about who is eligible to

 

 

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1     register and how to register; information about the
2     questions and concerns that registrants may develop when
3     they register or when they receive information from the
4     Registry; and a list of services, programs, groups, and
5     informational websites that are available to assist
6     registrants with their questions and concerns; .
7         4) Collecting statistical data and empirical
8     information concerning the procedures in the Registry
9     including, but not limited to, data concerning the filing
10     of Denials of Information Exchange, Information Exchange
11     Authorizations, Requests for a Non-Certified Copy of an
12     Original Birth Certificate, and Birth Parent Preference
13     Forms.
14 (Source: P.A. 91-417, eff. 1-1-00.)
 
15     (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
16     Sec. 18.1. Disclosure of identifying information.
17     (a) The Department of Public Health shall establish and
18 maintain a Registry for the purpose of allowing providing
19 identifying information to mutually consenting members of
20 birth and adoptive families to exchange identifying and medical
21 information. Identifying information for the purpose of this
22 Act shall mean any one or more of the following:
23         (1) The name and last known address of the consenting
24     person or persons.
25         (2) A copy of the Illinois Adoption Registry

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 consenting birth uncle.
2     (m) (e) A registrant may notify the Registry of his or her
3 desire not to have identifying information his or her identity
4 revealed or may revoke any previously filed Information
5 Exchange Authorization by completing and filing with the
6 Registry a Registry Identification Form along with a Denial of
7 Information Exchange. The Illinois Adoption Registry
8 Application does not need to be completed in order to file a
9 Denial of Information Exchange. Any registrant, except a birth
10 parent, may revoke his or her Denial of Information Exchange by
11 filing an Information Exchange Authorization. A birth parent
12 may revoke a Denial of Information Exchange by filing a Birth
13 Parent Preference Form. Any birth parent who has previously
14 filed a Birth Parent Preference Form where Option E was
15 selected may revoke such preference by filing a subsequent
16 Birth Parent Preference Form and selecting Option A, B, C, or
17 D. The Department of Public Health shall act in accordance with
18 the most recently filed affidavit Authorization.
19     (n) (f) Identifying information ascertained from the
20 Registry shall be confidential and may be disclosed only (1)
21 upon a Court Order, which order shall name the person or
22 persons entitled to the information, or (2) to a registrant who
23 is the subject of an Information Exchange Authorization that
24 was completed by another registrant and filed with the Illinois
25 Adoption Registry and Medical Information Exchange, or (3) as
26 authorized under subsection (h) of Section 18.3 of this Act, or

 

 

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1 (4) pursuant to the procedures outlined in Section 18.1b(e) of
2 this Act. A copy of the certificate of live birth shall only be
3 released to an adopted or surrendered person who was born in
4 Illinois and who is the subject of an Information Exchange
5 Authorization filed by one of his or her birth relatives. Any
6 person who willfully provides unauthorized disclosure of any
7 information filed with the Registry or who knowingly or
8 intentionally files false information with the Registry shall
9 be guilty of a Class A misdemeanor and shall be liable for
10 damages.
11     (o) (g) If information is disclosed pursuant to this Act,
12 the Department shall redact it to remove any identifying
13 information about any party who has not consented to the
14 disclosure of such identifying information, or, in the case of
15 identifying information on the original birth certificate,
16 pursuant to Section 18.1b(e) of this Act.
17 (Source: P.A. 94-173, eff. 1-1-06.)
 
18     (750 ILCS 50/18.1a)
19     Sec. 18.1a. Registry matches.
20     (a) The Registry shall release identifying information, as
21 specified on the applicant's Information Exchange
22 Authorization, to the following mutually consenting registered
23 parties and provide them with any photographs or correspondence
24 which have been placed in the Adoption/Surrender Records File
25 and are specifically intended for the registered parties:

 

 

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1         (i) an adult adopted or surrendered person and one of
2     his or her birth relatives who have both filed an
3     applicable Information Exchange Authorization specifying
4     the other consenting party with the Registry, if
5     information available to the Registry confirms that the
6     consenting adopted or surrendered person is biologically
7     related to the consenting birth relative;
8         (ii) the adoptive parent or legal guardian of an
9     adopted or surrendered person under the age of 21 and one
10     of the adopted or surrendered person's birth relatives who
11     have both filed an Information Exchange Authorization
12     specifying the other consenting party with the Registry, if
13     information available to the Registry confirms that the
14     child of the consenting adoptive parent or legal guardian
15     is biologically related to the consenting birth relative;
16     and
17         (iii) the adoptive parent, adult child or surviving
18     spouse of a deceased adopted or surrendered person, and one
19     of the adopted or surrendered person's birth relatives who
20     have both filed an applicable Information Exchange
21     Authorization specifying the other consenting party with
22     the Registry, if information available to the Registry
23     confirms that child of the consenting adoptive parent, the
24     parent of the consenting adult child or the deceased wife
25     or husband of the consenting surviving spouse of the
26     adopted or surrendered person was biologically related to

 

 

09600HB5428ham001 - 23 - LRB096 17882 AJO 37732 a

1     the consenting birth relative.
2     (b) If a registrant is the subject of a Denial of
3 Information Exchange filed by another registered party, the
4 Registry shall not release identifying information to either
5 registrant with the exception of non-certified copies of the
6 original birth certificate released under Section 18.1b(e),
7 and as to a birth parent who has prohibited release of
8 identifying information on the original birth certificate to
9 the adult adopted or surrendered person, upon the death of said
10 birth parent.
11     (c) If a registrant has completed a Medical Information
12 Exchange Questionnaire and has consented to its disclosure,
13 that Questionnaire shall be released to any registered party
14 who has indicated their desire to receive such information on
15 his or her Illinois Adoption Registry Application, if
16 information available to the Registry confirms that the
17 consenting parties are biologically related, that the
18 consenting birth relative and the child of the consenting
19 adoptive parents or legal guardians are birth relatives, or
20 that the consenting birth relative and the deceased wife or
21 husband of the consenting surviving spouse are birth relatives.
22 (Source: P.A. 94-173, eff. 1-1-06.)
 
23     (750 ILCS 50/18.1b)
24     Sec. 18.1b. The Illinois Adoption Registry Application.
25 The Illinois Adoption Registry Application shall substantially

 

 

09600HB5428ham001 - 24 - LRB096 17882 AJO 37732 a

1 include the following:
2     (a) General Information. The Illinois Adoption Registry
3 Application shall include the space to provide Information
4 about the registrant including his or her surname, given name
5 or names, social security number (optional), mailing address,
6 home telephone number, gender, date and place of birth, and the
7 date of registration. If applicable and known to the
8 registrant, he or she may include the maiden surname of the
9 birth mother, any subsequent surnames of the birth mother, the
10 surname of the birth father, the given name or names of the
11 birth parents, the dates and places of birth of the birth
12 parents, the surname and given name or names of the adopted
13 person prior to adoption, the gender and date and place of
14 birth of the adopted or surrendered person, the name of the
15 adopted person following his or her adoption and the state and
16 county where the judgment of adoption was finalized.
17     (b) Medical Information Exchange Questionnaire. In
18 recognition of the importance of medical information and of
19 recent discoveries regarding the genetic origin of many medical
20 conditions and diseases all registrants shall be asked to
21 voluntarily complete a Medical Information Exchange
22 Questionnaire.
23         (1) For birth relatives, the Medical Information
24     Exchange Questionnaire shall include a comprehensive
25     check-list of medical conditions and diseases including
26     those of genetic origin. Birth relatives shall be asked to

 

 

09600HB5428ham001 - 25 - LRB096 17882 AJO 37732 a

1     indicate all genetically-inherited diseases and conditions
2     on this list which are known to exist in the adopted or
3     surrendered person's birth family at the time of
4     registration. In addition, all birth relatives shall be
5     apprised of the Registry's provisions for voluntarily
6     submitting information about their and their family's
7     medical histories on a confidential, ongoing basis.
8         (2) Adopted and surrendered persons and their adoptive
9     parents, legal guardians, adult children, and surviving
10     spouses shall be asked to indicate all
11     genetically-inherited diseases and medical conditions with
12     which the adopted or surrendered person or, if applicable,
13     his or her children have been diagnosed since birth.
14         (3) The Medical Information Exchange Questionnaire
15     shall include a space where the registrant may authorize
16     the release of the Medical Information Exchange
17     Questionnaire to specified registered parties and a
18     disclaimer informing registrants that the Department of
19     Public Health cannot guarantee the accuracy of medical
20     information exchanged through the Registry.
21     (c) Written statement. All registrants shall be given the
22 opportunity to voluntarily file a written statement with the
23 Registry. This statement shall be submitted in the space
24 provided. No written statement submitted to the Registry shall
25 include identifying information pertaining to any person other
26 than the registrant who submitted it. Any such identifying

 

 

09600HB5428ham001 - 26 - LRB096 17882 AJO 37732 a

1 information shall be redacted by the Department or returned for
2 removal of identifying information.
3     (d) Exchange of Contact information. All registrants may
4 indicate their wishes regarding contact and the exchange of
5 identifying and/or medical information with any other
6 registrant by completing an Information Exchange Authorization
7 or a Denial of Information Exchange.
8         (1) Information Exchange Authorization. Adopted or
9     surrendered persons 21 years of age or over who are
10     interested in exchanging identifying and/or medical
11     information or would welcome contact with one or more of
12     their birth relatives; birth parents who are interested in
13     exchanging identifying and/or medical information or would
14     welcome contact with an adopted or surrendered person 21
15     years of age or over, or one or more of his or her adoptive
16     parents, legal guardians, adult children, or a surviving
17     spouse; birth siblings 21 years of age or over who were
18     adopted or surrendered and who are interested in exchanging
19     identifying and/or medical information or would welcome
20     contact with an adopted or surrendered person, or one or
21     more of his or her adoptive parents, legal guardians, adult
22     children, or a surviving spouse; birth siblings 21 years of
23     age or over who were not surrendered and who have submitted
24     proof of death for any common birth parent who did not file
25     a Denial of Information Exchange prior to his or her death,
26     and who are interested in exchanging identifying and/or

 

 

09600HB5428ham001 - 27 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 28 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 29 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 30 - LRB096 17882 AJO 37732 a

1     may specify with whom they do not wish to exchange
2     identifying information or do not wish to establish contact
3     by filing a Denial of Information Exchange. The Illinois
4     Adoption Registry Application does not need to be completed
5     in order to file a Denial of Information Exchange.
6         (3) Birth Parent Preference Form. Beginning January 1,
7     2011, birth parents who are eligible to register with the
8     Illinois Adoption Registry and Medical Information
9     Exchange and who wish to communicate their wishes regarding
10     contact and/or the release of their identifying
11     information on the non-certified copy of the original birth
12     certificate released to an adult adopted or surrendered
13     person or the surviving adult child or surviving spouse of
14     a deceased adopted or surrendered person who has requested
15     a copy of the adopted or surrendered person's original
16     birth certificate by filing a Request for a Non-Certified
17     Copy of an Original Birth Certificate pursuant to
18     subsection (e) of this Section, may file a Birth Parent
19     Preference Form with the Registry. All Birth Parent
20     Preference Forms on file with the Registry at the time of
21     receipt of a Request for a Non-Certified Copy of an
22     Original Birth Certificate from an adult adopted or
23     surrendered person or the surviving adult child or
24     surviving spouse of a deceased adopted or surrendered
25     person shall be forwarded to the relevant adopted or
26     surrendered person or surviving adult child or surviving

 

 

09600HB5428ham001 - 31 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 32 - LRB096 17882 AJO 37732 a

1     surrendered person's original birth certificate upon
2     receipt of the Request for a Non-Certified Copy of an
3     Original Birth Certificate.
4         (2) Beginning November 1, 2011, any adult adopted or
5     surrendered person who was born in Illinois on or after
6     January 1, 1946, may complete and file with the Registry a
7     Request for a Non-certified Copy of an Original Birth
8     Certificate. Additionally, in cases where the adopted or
9     surrendered person is deceased and one of his or her
10     surviving adult children or his or her surviving spouse has
11     registered with the Registry, he or she may complete and
12     file with the Registry a Request for a Non-Certified Copy
13     of an Original Birth Certificate. Upon receipt of such
14     request from an adult adopted or surrendered person or from
15     one of his or her surviving adult children or his or her
16     surviving spouse, the Registry shall:
17             (i) Determine if there is a Denial of Information
18         Exchange which was filed by a birth parent named on the
19         original birth certificate prior to January 1, 2011. If
20         a Denial was filed by a birth parent named on the
21         original birth certificate prior to January 1, 2011,
22         and there is no proof of death in the Registry file for
23         the birth parent who filed said Denial, the Registry
24         shall inform the requesting adult adopted or
25         surrendered person or the requesting surviving adult
26         child or surviving spouse of a deceased adopted or

 

 

09600HB5428ham001 - 33 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 34 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 35 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 36 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 37 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 38 - LRB096 17882 AJO 37732 a

1     Registry and selected Option E after January 1, 2011, and a
2     proof of death for the birth parent who filed the Denial or
3     the Birth Parent Preference Form has been filed with the
4     Registry, the Registry shall be authorized to release an
5     unaltered non-certified copy of the original birth
6     certificate to an adult adopted or surrendered person or to
7     the surviving adult child or surviving spouse of a deceased
8     adopted or surrendered person who has filed a Request for a
9     Non-Certified Copy of the Original Birth Certificate with
10     the Registry.
11         (10) On and after the effective date of this amendatory
12     Act of the 96th General Assembly, in cases where all birth
13     parents named on the original birth certificate of an
14     adopted or surrendered person born after January 1, 1946,
15     are deceased and copies of death certificates for all birth
16     parents named on the original birth certificate have been
17     filed with the Registry, the Registry shall be authorized
18     to release a non-certified copy of the original birth
19     certificate to the adopted or surrendered person upon
20     receipt of his or her Request for a Non-Certified Copy of
21     an Original Birth Certificate.
22     (f) (e) A registrant may complete all or any part of the
23 Illinois Adoption Registry Application. All Illinois Adoption
24 Registry Applications, Information Exchange Authorizations,
25 Denials of Information Exchange, requests to revoke an
26 Information Exchange Authorization or Denial of Information

 

 

09600HB5428ham001 - 39 - LRB096 17882 AJO 37732 a

1 Exchange, and affidavits submitted to the Registry shall be
2 accompanied by proof of identification.
3     (f) The Department shall establish the Illinois Adoption
4 Registry Application form including the Medical Information
5 Exchange Questionnaire by rule.
6 (Source: P.A. 94-173, eff. 1-1-06.)
 
7     (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
8     Sec. 18.2. Forms.
9     (a) The Department shall develop the Illinois Adoption
10 Registry forms as provided in this Section. The General
11 Assembly shall reexamine the content of the form as requested
12 by the Department, in consultation with the Registry Advisory
13 Council. The form of the Birth Parent Registration
14 Identification Form shall be substantially as follows:
15
BIRTH PARENT REGISTRATION IDENTIFICATION
16
(Insert all known information)
17 I, ....., state that I am the ...... (mother or father) of the
18 following child:
19     Child's original name: ..... (first) ..... (middle) .....
20         (last), ..... (hour of birth), ..... (date of birth),
21         ..... (city and state of birth), ..... (name of
22         hospital).
23     Father's full name: ...... (first) ...... (middle) .....
24         (last), ..... (date of birth), ..... (city and state of
25         birth).

 

 

09600HB5428ham001 - 40 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 41 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 42 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 43 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 44 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 45 - LRB096 17882 AJO 37732 a

1
................................
2
(signature of birth parent's surviving relative)

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

 

 

09600HB5428ham001 - 46 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 47 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 48 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 49 - LRB096 17882 AJO 37732 a

1 following person(s) (birth mother) (birth father) (birth
2 sibling)(adopted or surrendered person)(adoptive mother)
3 (adoptive father)(legal guardian of an adopted or surrendered
4 person)(birth aunt)(birth uncle)(adult child of a deceased
5 adopted or surrendered person) (surviving spouse of a deceased
6 adopted or surrendered person) (all eligible relatives).
7 IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER
8 JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH
9 PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH
10 CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH
11 PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING
12 INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT
13 ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT
14 PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A
15 BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH
16 OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING
17 INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN
18 ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT
19 CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED
20 PERSON.
21     I do/do not (circle appropriate response) authorize the
22 Registry to release a copy of my completed Medical Information
23 Exchange Questionnaire to qualified Registry applicants. NOTE:
24 New IARMIE registrants who do not complete a Medical
25 Information Exchange Questionnaire and release a copy of their
26 questionnaire to at least one Registry applicant must pay a $15

 

 

09600HB5428ham001 - 50 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 51 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 52 - LRB096 17882 AJO 37732 a

1 under 21 years of age at the time of completion of this form
2 are reminded that, since no original birth certificates are
3 released by the IARMIE before an adoptee has reached the age of
4 21, and birth parents are encouraged to take as much time as
5 they need to weigh the options available to them before
6 completing this form. Should you need additional assistance in
7 completing this form, please contact the agency that handled
8 the adoption, if applicable, or the Illinois Adoption Registry
9 and Medical Information Exchange at 217-557-5159.
10     After careful consideration, I, (insert your name) ......,
11 have made the following decision regarding contact with my
12 birth son/birth daughter, (insert birth son's/birth daughter's
13 name at birth, if applicable) ......, who was born in (insert
14 city/town of birth) ...... on (insert date of birth)...... and
15 the release of my identifying information as it appears on
16 his/her original birth certificate when he/she reaches the age
17 of 21, and I have chosen Option ...... (insert A, B, C, D, or E,
18 as applicable). I realize that this form must be accompanied by
19 a completed IARMIE application form as well as a Medical
20 Information Exchange Questionnaire or the $15 registration
21 fee. I am also aware that I may revoke this decision at any
22 time by completing a new Birth Parent Preference Form and
23 filing it with the IARMIE. I understand that it is my
24 responsibility to update the IARMIE with any changes to contact
25 information provided below. I also understand that, while
26 preferences regarding the release of identifying information

 

 

09600HB5428ham001 - 53 - LRB096 17882 AJO 37732 a

1 through the Registry are binding unless the law should change
2 in the future, any selection I have made regarding my preferred
3 method of contact is not.
4 .............................................................
5 (Signature/Date)
 
6 (Please insert your signature and today's date above, as well
7 as under your chosen option, A, B, C, D, or E below.)
 
8 Option A. I agree to the release of my identifying information
9 as it appears on my birth son's/birth daughter's original birth
10 certificate, would welcome direct contact with my birth
11 son/birth daughter when he or she has reached the age of 21 and
12 I wish to be contacted at the following mailing address, email
13 address or phone number:
14 .............................................................
15 .............................................................
16 .............................................................
17 .............................................................
18 (Signature/Date)
 
19 Option B. I agree to the release of my identifying information
20 as it appears on my birth son's/birth daughter's original birth
21 certificate, would welcome contact with my birth son/birth
22 daughter when he or she has reached the age of 21, but I would
23 prefer to be contacted through the following person. (Insert

 

 

09600HB5428ham001 - 54 - LRB096 17882 AJO 37732 a

1 name and mailing address, email address or phone number of
2 chosen contact person.)
3 .............................................................
4 .............................................................
5 (Signature/Date)
 
6 Option C. I agree to the release of my name as it appears on my
7 birth son's/birth daughter's original birth certificate, would
8 welcome contact with my birth son/birth daughter when he or she
9 has reached the age of 21, but I would prefer to be contacted
10 through the Illinois confidential intermediary program (please
11 call 800-526-9022 for additional information) or through the
12 agency that handled the adoption. (Insert agency name, address
13 and phone number, if applicable.)
14 .............................................................
15 .............................................................
16 (Signature/Date)
 
17 Option D. I agree to the release of my name as it appears on my
18 birth son's/birth daughter's original birth certificate, but I
19 would prefer not to be contacted by my birth son/birth daughter
20 when he or she has reached the age of 21.
21 .............................................................
22 (Signature/Date)
 
23 Option E. I wish to prohibit the release of my (circle ALL

 

 

09600HB5428ham001 - 55 - LRB096 17882 AJO 37732 a

1 applicable options) first name, last name, last known address,
2 birth son/birth daughter's last name (if last name listed is
3 same as mine), as they appear on my birth son's/birth
4 daughter's original birth certificate and do not wish to be
5 contacted by my birth son/birth daughter when he or she has
6 reached the age of 21. If there were any special circumstances
7 that played a role in your decision to remain anonymous which
8 you would like to share with your birth son/birth daughter,
9 please list them in the space provided below (optional).
10 .............................................................
11 .............................................................
12 I understand that, although I have chosen to prohibit the
13 release of my identity on the copy of the original birth
14 certificate released to my birth son/birth daughter, he or she
15 may request that a court-appointed confidential intermediary
16 contact me to request updated medical information and/or
17 confirm my desire to remain anonymous once 5 years have elapsed
18 since the signing of this form; at the time of this subsequent
19 search, I wish to be contacted through the person named below.
20 (Insert in blank area below the name and phone number of the
21 contact person, or leave it blank if you wish to be contacted
22 directly.) I also understand that this request for anonymity
23 shall expire upon my death.
24 .............................................................
25 .............................................................
26 (Signature/Date)
 

 

 

09600HB5428ham001 - 56 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 57 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 58 - LRB096 17882 AJO 37732 a

1 the original birth certificate of my deceased adopted or
2 surrendered spouse (insert deceased parent's/deceased spouse's
3 name at adoption) ...... I/my deceased parent/my deceased
4 spouse was born in (insert city and county of adopted or
5 surrendered person's birth) ..... on ..... (insert adopted or
6 surrendered person's date of birth). In the event that one or
7 both of my/my deceased parent's/my deceased spouse's birth
8 parents has requested that their identity not be released to
9 me/to my deceased parent/to my deceased spouse, I wish to
10 (check appropriate option) ..... a. receive a non-certified
11 copy of the original birth certificate from which identifying
12 information pertaining to the birth parent who requested
13 anonymity has been deleted; or ..... b. I do not wish to
14 received an altered copy of the original birth certificate.
15     Dated (insert date).
16         ...................
17
(signature)
     

 
18     (h) Any (f) The Information Exchange Authorization, and the
19 Denial of Information Exchange, or Birth Parent Preference Form
20 filed with the Registry, or Request for a Non-Certified Copy of
21 an Original Birth Certificate filed with the Registry by a
22 surviving adult child or surviving spouse of a deceased adopted
23 or surrendered person, shall be acknowledged by the person who
24 filed it birth parent, birth sibling, adopted or surrendered
25 person, adoptive parent, or legal guardian before a notary

 

 

09600HB5428ham001 - 59 - LRB096 17882 AJO 37732 a

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

 

 

09600HB5428ham001 - 60 - LRB096 17882 AJO 37732 a

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

 

 

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1 officer and the signature of such officer on such certificate
2 shall be verified or acknowledged before a notary public or by
3 such other procedure as is then in effect for such division or
4 branch of the armed forces.
5     (l) An adopted or surrendered person who completes a
6 Request For a Non-Certified Copy of the Original Birth
7 Certificate shall meet the same filing requirements and pay the
8 same filing fees as a non-adopted person seeking to obtain a
9 copy of his or her original birth certificate.
10     (j) The Department shall modify these forms as necessary to
11 implement the provisions of this amendatory Act of 1999
12 including creating Registration Identification Forms for
13 non-surrendered birth siblings, adoptive parents and legal
14 guardians.
15 (Source: P.A. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06.)
 
16     (750 ILCS 50/18.3)  (from Ch. 40, par. 1522.3)
17     Sec. 18.3. (a) The agency, Department of Children and
18 Family Services, Court Supportive Services, Juvenile Division
19 of the Circuit Court, and any other party to the surrender of a
20 child for adoption or in an adoption proceeding shall inform
21 obtain from any birth parent or parents relinquishing giving up
22 a child for purposes of adoption after the effective date of
23 this Act of the opportunity to register with the Illinois
24 Adoption Registry and Medical Information Exchange and to
25 utilize the Illinois confidential intermediary program and

 

 

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1 shall obtain a written confirmation that acknowledges the birth
2 parent's receipt of such information. a written statement which
3 indicates: (1) a desire to have identifying information shared
4 with the adopted or surrendered person at a later date; (2) a
5 desire not to have identifying information revealed; or (3)
6 that no decision is made at that time. In addition, the agency,
7 Department of Children and Family Services, Court Supportive
8 Services, Juvenile Division of the Circuit Court, and any other
9 organization involved in the surrender of a child for adoption
10 in an adoption proceeding shall inform the birth parent or
11 parents of a child born, adopted or surrendered in Illinois of
12 the existence of the Illinois Adoption Registry and Medical
13 Information Exchange and provide them with the necessary
14 application forms and if requested, assistance with completing
15 the forms.
16     (b) When the written statement is signed, the birth parent
17 or parents shall be informed in writing that their decision
18 regarding the sharing of identifying information can be made or
19 changed by such birth parent or parents at any future date.
20     (c) The birth parent shall be informed in writing that if
21 contact or exchange of identifying sharing of identifying
22 information with the adult adopted or surrendered person is to
23 occur, that adult adopted or surrendered person he or she must
24 be 21 years of age or over.
25     (d) If the birth parent or parents indicate a desire to
26 share identifying information with the adopted or surrendered

 

 

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1 person, the birth parent shall complete an Information Exchange
2 Authorization.
3     (e) Any birth parent or parents requesting that no
4 identifying information be revealed to the adopted or
5 surrendered person shall be informed that such request will be
6 conveyed to the adopted or surrendered person if he or she
7 requests such information; and such identifying information
8 shall not be revealed.
9     (f) Any adopted or surrendered person 21 years of age or
10 over may also indicate in writing his or her desire or lack of
11 desire to share identifying information with the birth parent
12 or parents or with one or more of his or her birth relatives.
13 Any adopted or surrendered person requesting that no
14 identifying information be revealed to the birth parent or to
15 one or more of his or her birth relatives shall be informed
16 that such request shall be conveyed to the birth parent or
17 birth relative if he or she requests such information; and such
18 identifying information shall not be revealed.
19     (b) (g) Any birth parent, birth sibling, adopted or
20 surrendered person, adoptive parent, or legal guardian
21 indicating their desire to receive identifying or medical
22 information shall be informed of the existence of the Registry
23 and assistance shall be given to such person to legally record
24 his or her name with the Registry.
25     (c) (h) The agency, Department of Children and Family
26 Services, Court Supportive Services, Juvenile Division of the

 

 

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1 Circuit Court, and any other organization involved in the
2 surrender of a child for adoption in an adoption proceeding
3 which has written statements from an adopted or surrendered
4 person and the birth parent or a birth sibling indicating a
5 desire to share receive identifying information or establish
6 contact shall supply such information to the mutually
7 consenting parties, except that no identifying information
8 shall be supplied to consenting birth siblings if any such
9 sibling is under 21 years of age. However, both the Registry
10 having an Information Exchange Authorization and the
11 organization having a written statement requesting the sharing
12 of identifying information or contact shall communicate with
13 each other to determine if the adopted or surrendered person or
14 the birth parent or birth sibling has signed a form at a later
15 date indicating a change in his or her desires regarding the
16 sharing of information or contact. The agreement of the birth
17 parent shall be binding.
18     (d) (i) On and after January 1, 2000, any licensed child
19 welfare agency which provides post-adoption search assistance
20 to adoptive parents, adopted persons, surrendered persons,
21 birth parents, or other birth relatives shall require that any
22 person requesting post-adoption search assistance complete an
23 Illinois Adoption Registry Application prior to the
24 commencement of the search.
25 (Source: P.A. 94-173, eff. 1-1-06.)
 

 

 

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1     (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
2     Sec. 18.3a. Confidential intermediary.
3     (a) General purposes. Notwithstanding any other provision
4 of this Act, any adopted or surrendered person 21 years of age
5 or over, any adoptive parent or legal guardian of an adopted or
6 surrendered person under the age of 21, or any birth parent of
7 an adopted or surrendered person who is 21 years of age or over
8 may petition the court in any county in the State of Illinois
9 for appointment of a confidential intermediary as provided in
10 this Section for the purpose of exchanging medical information
11 with one or more mutually consenting biological relatives,
12 obtaining identifying information about one or more mutually
13 consenting biological relatives, or arranging contact with one
14 or more mutually consenting biological relatives.
15 Additionally, in cases where an adopted or surrendered person
16 is deceased, an adult child of the adopted or surrendered
17 person or his or her adoptive parents or surviving spouse may
18 file a petition under this Section and in cases where the birth
19 parent is deceased, an adult birth sibling of the adopted or
20 surrendered person or of the deceased birth parent may file a
21 petition under this Section for the purpose of exchanging
22 medical information with one or more mutually consenting
23 biological relatives of the adopted or surrendered person,
24 obtaining identifying information about one or more mutually
25 consenting biological relatives of the adopted or surrendered
26 person, or arranging contact with one or more mutually

 

 

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1 consenting biological relatives of the adopted or surrendered
2 person. Beginning January 1, 2006, any adopted or surrendered
3 person 21 years of age or over; any adoptive parent or legal
4 guardian of an adopted or surrendered person under the age of
5 21; any birth parent, birth sibling, birth aunt, or birth uncle
6 of an adopted or surrendered person over the age of 21; any
7 surviving child, adoptive parent, or surviving spouse of a
8 deceased adopted or surrendered person who wishes to petition
9 the court for the appointment of a confidential intermediary
10 shall be required to accompany their petition with proof of
11 registration with the Illinois Adoption Registry and Medical
12 Information Exchange.
13     (b) Petition. Upon petition by an adopted or surrendered
14 person 21 years of age or over (an "adult adopted or
15 surrendered person"), an adoptive parent or legal guardian of
16 an adopted or surrendered person under the age of 21, or a
17 birth parent of an adopted or surrendered person who is 21
18 years of age or over, the court shall appoint a confidential
19 intermediary. Upon petition by an adult child, adoptive parent
20 or surviving spouse of an adopted or surrendered person who is
21 deceased, by an adult birth sibling of an adopted or
22 surrendered person whose common birth parent is deceased and
23 whose adopted or surrendered birth sibling is 21 years of age
24 or over, or by an adult sibling of a birth parent who is
25 deceased, and whose surrendered child is 21 years of age or
26 over, the court may appoint a confidential intermediary if the

 

 

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1 court finds that the disclosure is of greater benefit than
2 nondisclosure. The petition shall state which biological
3 relative or relatives are being sought and shall indicate if
4 the petitioner wants to do any one or more of the following:
5 exchange medical information with the biological relative or
6 relatives, obtain identifying information from the biological
7 relative or relatives, or to arrange contact with the
8 biological relative.
9     (c) Order. The order appointing the confidential
10 intermediary shall allow that intermediary to conduct a search
11 for the sought-after relative by accessing those records
12 described in subsection (g) of this Section.
13     (d) Fees and expenses. The court shall condition the
14 appointment of the confidential intermediary on the
15 petitioner's payment of the intermediary's fees and expenses in
16 advance of the commencement of the work of the confidential
17 intermediary. However, no fee shall be charged if the
18 petitioner is an adult adopted or surrendered person and the
19 sought-after relative is a birth parent who filed a Denial with
20 the Registry prior to January 1, 2011, or filed a Birth Parent
21 Preference Form on which Option E was selected after January 1,
22 2011 and more than 5 years have transpired since the birth
23 parent filed the Denial of Information Exchange or Birth Parent
24 Preference Form on which Option E was selected.
25     (e) Eligibility of intermediary. The court may appoint as
26 confidential intermediary any person certified by the

 

 

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1 Department of Children and Family Services as qualified to
2 serve as a confidential intermediary. Certification shall be
3 dependent upon the confidential intermediary completing a
4 course of training including, but not limited to, applicable
5 federal and State privacy laws.
6     (f) Confidential Intermediary Council. There shall be
7 established under the Department of Children and Family
8 Services a Confidential Intermediary Advisory Council. One
9 member shall be an attorney representing the Attorney General's
10 Office appointed by the Attorney General. One member shall be a
11 currently certified confidential intermediary appointed by the
12 Director of the Department of Children and Family Services. The
13 Director shall also appoint 5 additional members. When making
14 those appointments, the Director shall consider advocates for
15 adopted persons, adoptive parents, birth parents, lawyers who
16 represent clients in private adoptions, lawyers specializing
17 in privacy law, and representatives of agencies involved in
18 adoptions. The Director shall appoint one of the 7 members as
19 the chairperson. An attorney from the Department of Children
20 and Family Services and the person directly responsible for
21 administering the confidential intermediary program shall
22 serve as ex-officio, non-voting advisors to the Council.
23 Council members shall serve at the discretion of the Director
24 and shall receive no compensation other than reasonable
25 expenses approved by the Director. The Council shall meet no
26 less than twice yearly and shall meet at least once yearly with

 

 

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1 the Registry Advisory Council, and shall make recommendations
2 to the Director regarding the development of rules, procedures,
3 and forms that will ensure efficient and effective operation of
4 the confidential intermediary process, including:
5         (1) Standards for certification for confidential
6     intermediaries.
7         (2) Oversight of methods used to verify that
8     intermediaries are complying with the appropriate laws.
9         (3) Training for confidential intermediaries,
10     including training with respect to federal and State
11     privacy laws.
12         (4) The relationship between confidential
13     intermediaries and the court system, including the
14     development of sample orders defining the scope of the
15     intermediaries' access to information.
16         (5) Any recent violations of policy or procedures by
17     confidential intermediaries and remedial steps, including
18     decertification, to prevent future violations.
19     (g)  Access. Subject to the limitations of subsection (i)
20 of this Section, the confidential intermediary shall have
21 access to vital records or a comparable public entity that
22 maintains vital records in another state in accordance with
23 that state's laws, maintained by the Department of Public
24 Health and its local designees for the maintenance of vital
25 records or a comparable public entity that maintains vital
26 records in another state in accordance with that state's laws

 

 

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1 and all records of the court or any adoption agency, public or
2 private, as limited in this Section, which relate to the
3 adoption or the identity and location of an adopted or
4 surrendered person, of an adult child or surviving spouse of a
5 deceased adopted or surrendered person, or of a birth parent,
6 birth sibling, or the sibling of a deceased birth parent. The
7 confidential intermediary shall not have access to any personal
8 health information protected by the Standards for Privacy of
9 Individually Identifiable Health Information adopted by the
10 U.S. Department of Health and Human Services under the Health
11 Insurance Portability and Accountability Act of 1996 unless the
12 confidential intermediary has obtained written consent from
13 the person whose information is being sought by an adult
14 adopted or surrendered person or, if that person is a minor
15 child, that person's parent or guardian. Confidential
16 intermediaries shall be authorized to inspect confidential
17 relinquishment and adoption records. The confidential
18 intermediary shall not be authorized to access medical records,
19 financial records, credit records, banking records, home
20 studies, attorney file records, or other personal records. In
21 cases where a birth parent is being sought, an adoption agency
22 shall inform the confidential intermediary of any statement
23 filed pursuant to Section 18.3, hereinafter referred to as "the
24 18.3 statement", indicating a desire of the surrendering birth
25 parent to have identifying information shared or to not have
26 identifying information shared. If there was a clear statement

 

 

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1 of intent by the sought-after birth parent not to have
2 identifying information shared, the confidential intermediary
3 shall discontinue the search and inform the petitioning party
4 of the sought-after relative's intent unless the birth parent
5 filed the 18.3 statement prior to the effective date of this
6 amendatory Act of the 96th General Assembly and more than 5
7 years have elapsed since the filing of the 18.3 statement. If
8 the adult adopted or surrendered person is the subject of an
9 18.3 statement indicating a desire not to establish contact
10 which was filed more than 5 years prior to the search request,
11 the confidential intermediary shall confirm the petitioner's
12 desire to continue the search. Information provided to the
13 confidential intermediary by an adoption agency shall be
14 restricted to the full name, date of birth, place of birth,
15 last known address, last known telephone number of the
16 sought-after relative or, if applicable, of the children or
17 siblings of the sought-after relative, and the 18.3 statement.
18     (h) Adoption agency disclosure of medical information. If
19 the petitioner is an adult adopted or surrendered person or the
20 adoptive parent of a minor and if the petitioner has signed a
21 written authorization to disclose personal medical
22 information, an adoption agency disclosing information to a
23 confidential intermediary shall disclose available medical
24 information about the adopted or surrendered person from birth
25 through adoption.
26     (i) Duties of confidential intermediary in conducting a

 

 

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1 search. In conducting a search under this Section, the
2 confidential intermediary shall first confirm that there is no
3 Denial of Information Exchange on file with the Illinois
4 Adoption Registry. If the petitioner is an adult child of an
5 adopted or surrendered person who is deceased, the confidential
6 intermediary shall additionally confirm that the adopted or
7 surrendered person did not file a Denial of Information
8 Exchange with the Illinois Adoption Registry during his or her
9 life. If there is a Denial on file with the Registry, the
10 confidential intermediary must discontinue the search unless
11 the petitioner is an adult adopted or surrendered person and
12 the sought-after birth relative filed the Denial 5 years or
13 more prior to the search or the birth parent has not been the
14 object of a search through the State confidential intermediary
15 program for 10 or more years. If the petitioner is an adult
16 adopted or surrendered person and there is a Birth Parent
17 Preference Form on file with the Registry and the birth parent
18 who completed the form selected Option E, the confidential
19 intermediary must discontinue the search unless 5 years or more
20 have elapsed since the filing of the Birth Parent Preference
21 Form. If the petitioner is an adult birth sibling of an adopted
22 or surrendered person or an adult sibling of a birth parent who
23 is deceased, the confidential intermediary shall additionally
24 confirm that the birth parent did not file a Denial of
25 Information Exchange with the Registry during his or her life.
26 If the confidential intermediary learns that a sought-after

 

 

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1 birth parent signed an 18.3 a statement indicating his or her
2 intent not to have identifying information shared, and did not
3 later file an Information Exchange Authorization or a Birth
4 Parent Preference Form with the Adoption Registry, the
5 confidential intermediary shall discontinue the search and
6 inform the petitioning party of the birth parent's intent,
7 unless the petitioner is an adult adopted or surrendered person
8 and 5 years or more have elapsed since the birth parent signed
9 the statement indicating his or her intent not to have
10 identifying information shared. In cases where the birth parent
11 filed a Denial of Information Exchange or Birth Parent
12 Preference Form where Option E was selected, or statement
13 indicating his or her intent not to have identifying
14 information shared less than 5 years prior to the search
15 request and the petitioner is an adult adopted or surrendered
16 person, the confidential intermediary shall inform the
17 petitioner of the need to discontinue the search until 5 years
18 have elapsed since the Denial of Information Exchange or Birth
19 Parent Preference Form where Option E was selected, or
20 statement was filed; in cases where a birth parent was
21 previously the subject of a search through the State
22 confidential intermediary program, the confidential
23 intermediary shall inform the petitioner of the need to
24 discontinue the search until 10 years or more have elapsed
25 since the initial search was closed. In cases where a birth
26 parent has been the object of 2 searches through the State

 

 

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1 confidential intermediary program, no subsequent search for
2 the birth parent shall be authorized absent a court order to
3 the contrary.
4     In conducting a search under this Section, the confidential
5 intermediary shall attempt to locate the relative or relatives
6 from whom the petitioner has requested information. If the
7 sought-after relative is deceased or cannot be located after a
8 diligent search, the confidential intermediary may contact
9 other adult relatives of the sought-after relative.
10     The confidential intermediary shall contact a sought-after
11 relative on behalf of the petitioner in a manner that respects
12 the sought-after relative's privacy and shall inform the
13 sought-after relative of the petitioner's request for medical
14 information, identifying information or contact as stated in
15 the petition. Based upon the terms of the petitioner's request,
16 the confidential intermediary shall contact a sought-after
17 relative on behalf of the petitioner and inform the
18 sought-after relative of the following options:
19         (1) The sought-after relative may totally reject one or
20     all of the requests for medical information, identifying
21     information or contact. The sought-after relative shall be
22     informed that they can provide a medical questionnaire to
23     be forwarded to the petitioner without releasing any
24     identifying information. The confidential intermediary
25     shall inform the petitioner of the sought-after relative's
26     decision to reject the sharing of information or contact.

 

 

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1         (2) The sought-after relative may consent to
2     completing a medical questionnaire only. In this case, the
3     confidential intermediary shall provide the questionnaire
4     and ask the sought-after relative to complete it. The
5     confidential intermediary shall forward the completed
6     questionnaire to the petitioner and inform the petitioner
7     of the sought-after relative's desire to not provide any
8     additional information.
9         (3) The sought-after relative may communicate with the
10     petitioner without having his or her identity disclosed. In
11     this case, the confidential intermediary shall arrange the
12     desired communication in a manner that protects the
13     identity of the sought-after relative. The confidential
14     intermediary shall inform the petitioner of the
15     sought-after relative's decision to communicate but not
16     disclose his or her identity.
17         (4) The sought after relative may consent to initiate
18     contact with the petitioner. If both the petitioner and the
19     sought-after relative or relatives are eligible to
20     register with the Illinois Adoption Registry, the
21     confidential intermediary shall provide the necessary
22     application forms and request that the sought-after
23     relative register with the Illinois Adoption Registry. If
24     either the petitioner or the sought-after relative or
25     relatives are ineligible to register with the Illinois
26     Adoption Registry, the confidential intermediary shall

 

 

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

 

 

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1     relative shall be liable to the sought-after relative for
2     actual damages plus minimum punitive damages of $10,000.
3         (3) The Department shall fine any confidential
4     intermediary who improperly discloses confidential
5     information in violation of item (1) or (2) of this
6     subsection (k) an amount up to $2,000 per improper
7     disclosure. This fine does not affect civil liability under
8     item (2) of this subsection (k). The Department shall
9     deposit all fines and penalties collected under this
10     Section into the Illinois Adoption Registry and Medical
11     Information Fund.
12     (l) Death of person being sought. Notwithstanding any other
13 provision of this Act, if the confidential intermediary
14 discovers that the person being sought has died, he or she
15 shall report this fact to the court, along with a copy of the
16 death certificate. If the sought-after relative is a birth
17 parent, the confidential intermediary shall also forward a copy
18 of the birth parent's death certificate or obituary to the
19 Registry for inclusion in the Registry file.
20     (m) Any confidential information obtained by the
21 confidential intermediary during the course of his or her
22 search shall be kept strictly confidential and shall be used
23 for the purpose of arranging contact between the petitioner and
24 the sought-after birth relative. At the time the case is
25 closed, all identifying information shall be returned to the
26 court for inclusion in the impounded adoption file.

 

 

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1     (n) If the petitioner is an adopted or surrendered person
2 21 years of age or over or the adoptive parent or legal
3 guardian of an adopted or surrendered person under the age of
4 21, any non-identifying information, as defined in Section
5 18.4, that is ascertained during the course of the search may
6 be given in writing to the petitioner at any time during the
7 search before the case is closed.
8     (o) Except as provided in subsection (k) of this Section,
9 no liability shall accrue to the State, any State agency, any
10 judge, any officer or employee of the court, any certified
11 confidential intermediary, or any agency designated to oversee
12 confidential intermediary services for acts, omissions, or
13 efforts made in good faith within the scope of this Section.
14     (p) An adoption agency that has received a request from a
15 confidential intermediary for the full name, date of birth,
16 last known address, or last known telephone number of a
17 sought-after relative pursuant to subsection (g) of Section
18 18.3a 18.3, or for medical information regarding a sought-after
19 relative pursuant to subsection (h) of Section 18.3a 18.3, must
20 satisfactorily comply with this court order within a period of
21 45 days. The court shall order the adoption agency to reimburse
22 the petitioner in an amount equal to all payments made by the
23 petitioner to the confidential intermediary, and the adoption
24 agency shall be subject to a civil monetary penalty of $1,000
25 to be paid to the Department of Children and Family Services.
26 Following the issuance of a court order finding that the

 

 

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1 adoption agency has not complied with Section 18.3, the
2 adoption agency shall be subject to a monetary penalty of $500
3 per day for each subsequent day of non-compliance. Proceeds
4 from such fines shall be utilized by the Department of Children
5 and Family Services to subsidize the fees of petitioners as
6 referenced in subsection (d) of this Section.
7     (q) Provide information to eligible petitioner. The
8 confidential intermediary may provide to eligible petitioners
9 as described in subsections (a) and (b) of this Section, the
10 name of the child welfare agency which had legal custody of the
11 surrendered person or responsibility for placing the
12 surrendered person and any available contact information for
13 such agency. In addition, the confidential intermediary may
14 provide to such petitioners the name of the state in which the
15 surrender occurred or in which the adoption was finalized.
16     Any reimbursements and fines, notwithstanding any
17 reimbursement directly to the petitioner, paid under this
18 subsection are in addition to other remedies a court may
19 otherwise impose by law.
20     Proceeds from the penalties paid to the Department of
21 Children and Family Services shall be deposited into the DCFS
22 Children's Services Fund. The Department of Children and Family
23 Services shall submit reports to the Confidential Intermediary
24 Advisory Council by July 1 and January 1 of each year in order
25 to report the penalties assessed and collected under this
26 subsection, the amounts of related deposits into the DCFS

 

 

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1 Children's Services Fund, and any expenditures from such
2 deposits.
3 (Source: P.A. 96-661, eff. 8-25-09.)
 
4     (750 ILCS 50/18.5)  (from Ch. 40, par. 1522.5)
5     Sec. 18.5. Liability. No liability shall attach to the
6 State, any agency thereof, any licensed agency, any judge, any
7 officer or employee of the court, or any party or employee
8 thereof involved in the surrender of a child for adoption or in
9 an adoption proceeding for acts or efforts made within the
10 scope of Sections 18.05 thru 18.5, inclusive, of this Act and
11 under its provisions, except for subsection (n) (f) of Section
12 18.1.
13 (Source: P.A. 91-417, eff. 1-1-00.)
 
14     (750 ILCS 50/18.6)  (from Ch. 40, par. 1522.6)
15     Sec. 18.6. Registry fees. The Department of Public Health
16 shall levy a fee for each registrant under Sections 18.05
17 through 18.5. A $15 $40 fee shall be charged for registering
18 with the Illinois Adoption Registry and Medical Information
19 Exchange. However, this fee shall be waived for all adopted or
20 surrendered persons, surviving children and spouses of
21 deceased adopted persons, adoptive parents, legal guardians,
22 birth parents, and birth siblings who complete a Medical
23 Information Exchange Questionnaire at the time of registration
24 and authorize its release to specified registered parties, and

 

 

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1 for adoptive parents registering within 12 months of the
2 finalization of the adoption. All persons who were registered
3 with the Illinois Adoption Registry prior to the effective date
4 of this amendatory Act of 1999 and who wish to update their
5 registration may do so without charge. No charge of any kind
6 shall be made for the withdrawal of any form provided in
7 Section 18.2.
8 (Source: P.A. 91-417, eff. 1-1-00.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.".