HB5501 97TH GENERAL ASSEMBLY

LRB097 18378 AJO 63604 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5501

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

750 ILCS 50/18

from Ch. 40, par. 1522

Amends the Adoption Act. Provides that a certified copy of an adoption order shall be issued upon written request and without show of cause to an adopted person over the age of 21, provided that the request is accompanied by a non-certified copy of the adopted person's original birth certificate issued by the Department of Public Health or a letter from the Department of Public Health confirming that no copy of the original birth certificate was located in Illinois.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Adoption Act is amended by changing Section 18 as follows:

(750 ILCS 50/18) (from Ch. 40, par. 1522)

Sec. 18. Records confidential.

(a) The word "illegitimate", the words "born out of wedlock", and words of similar import shall not be used in any adoption proceeding in any respect.

(b) The court call of adoption proceedings shall not identify any of the parties by name. The parties may be identified by initials or pseudonyms. The case shall be identified by its general number. The names of the lawyers representing the parties may appear on the court call, and the type of application that is being made to the court may also be identified.

(c) All adoption records maintained by each circuit clerk shall be impounded in accordance with the procedures provided by the Illinois Supreme Court's General Administrative Order on Recordkeeping and shall be opened for examination only upon specific order of the court, which order shall name the person or persons who are to be permitted to examine the file. Certified copies of all papers and documents contained in any file so impounded shall be made only on like order. The guardian ad litem for a minor sought to be adopted shall have the right to inspect the court file without leave of court during the pendency of the proceeding. The attorney of record for the petitioners and other parties may inspect the file only with leave of court. The petitioners to the adoption, the attorney of record for the petitioners, and the guardian ad litem of the person who is the subject of the proceeding shall be entitled to receive certified copies of the order of adoption in the proceeding at any time within 30 days after the entry of the judgment of adoption without order of court. After 30 days from the entry of the judgment of adoption, no copies may be obtained without prior order of court, but good cause is not necessary to be shown by one of the petitioners to the adoption. Likewise, a certified copy of the order of the adoption shall be issued upon written request and without show of cause to an adopted person over the age of 21, providing the written request is accompanied by a non-certified copy of the adopted person's original birth certificate issued by the Department of Public Health under Section 18.1b of this Act or a letter from the Department of Public Health confirming that no copy of the adopted person's original birth certificate was located in Illinois.

(d) If an appeal is taken from an adoption proceeding, the papers filed in the court of review and the opinion of the reviewing court shall not identify the true names of the parties; instead, initials or pseudonyms shall be used to identify the parties.

(Source: P.A. 86-493; 87-620.)