HB5501ham001 97TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 3/2/2012

09700HB5501ham001 LRB097 18378 AJO 67036 a

AMENDMENT TO HOUSE BILL 5501

AMENDMENT NO. ______. Amend House Bill 5501 by replacing everything after the enacting clause with the following:

"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:

(1) by one of the petitioners to the adoption; .

(2) by the adopted person over the age of 21 who was the subject of the petition to the adoption, provided that the adopted person submits to the court a non-certified copy of the adopted person's original birth certificate issued by the Department of Public Health pursuant to paragraphs (1) and (2) of subsection (e) of Section 18.1b of this Act with no identifying information redacted pursuant to subparagraphs (i) or (ii) of paragraph (2) of subsection (e) of Section 18.1b of this Act as reflected on the non-certified copy of the original birth certificate; or

(3) by the adopted person who was the subject of the adoption petition if the adopted person was born before January 1, 1946, and submits to the court a letter from the Department of Public Health confirming that no copy of the adopted person's original birth certificate was located in Illinois under paragraph (2) of subsection (e) of Section 18.1b. The court shall require proof of the authenticity of the documents submitted pursuant to court rule and applicable rules of civil procedure.

(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.)".