Illinois General Assembly - Full Text of HB3967
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Full Text of HB3967  99th General Assembly

HB3967 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3967

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 50/18.06
750 ILCS 50/18.1  from Ch. 40, par. 1522.1
750 ILCS 50/18.2  from Ch. 40, par. 1522.2
750 ILCS 50/18.3a  from Ch. 40, par. 1522.3a

    Amends the Adoption Act. Defines "birth grandparent" as the biological parent of a non-surrendered person who is a deceased birth parent. Provides that a birth grandparent who has submitted birth certificates for himself or herself and for a deceased birth parent as well as proof of death for the deceased birth parent may file a Registration Identification Form and an Information Exchange Authorization or a Denial of Information Exchange if the birth parent did not file documentation preventing the exchange of information prior to his or her death. Makes corresponding changes.


LRB099 06337 HEP 26407 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3967LRB099 06337 HEP 26407 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Sections
518.06, 18.1, 18.2, and 18.3a as follows:
 
6    (750 ILCS 50/18.06)
7    Sec. 18.06. Definitions. When used in Sections 18.05
8through Section 18.6, for the purposes of the Registry:
9    "Adopted person" means a person who was adopted pursuant to
10the laws in effect at the time of the adoption.
11    "Adoptive parent" means a person who has become a parent
12through the legal process of adoption.
13    "Adult child" means the biological child 21 years of age or
14over of a deceased adopted or surrendered person.
15    "Adult grandchild" means the biological grandchild 21
16years of age or over of a deceased adopted or surrendered
17person.
18    "Adult adopted or surrendered person" means an adopted or
19surrendered person 21 years of age or over.
20    "Agency" means a public child welfare agency or a licensed
21child welfare agency.
22    "Birth aunt" means the adult full or half sister of a
23deceased birth parent.

 

 

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1    "Birth father" means the biological father of an adopted or
2surrendered person who is named on the original certificate of
3live birth or on a consent or surrender document, or a
4biological father whose paternity has been established by a
5judgment or order of the court, pursuant to the Illinois
6Parentage Act of 1984.
7    "Birth grandparent" means the biological parent of: (i) a
8non-surrendered person who is a deceased birth mother; or (ii)
9a non-surrendered person who is a deceased birth father.
10    "Birth mother" means the biological mother of an adopted or
11surrendered person.
12    "Birth parent" means a birth mother or birth father of an
13adopted or surrendered person.
14    "Birth Parent Preference Form" means the form prepared by
15the Department of Public Health pursuant to Section 18.2
16completed by a birth parent registrant and filed with the
17Registry that indicates the birth parent's preferences
18regarding contact and, if applicable, the release of his or her
19identifying information on the non-certified copy of the
20original birth certificate released to an adult adopted or
21surrendered person or to the surviving adult child or surviving
22spouse of a deceased adopted or surrendered person who has
23filed a Request for a Non-Certified Copy of an Original Birth
24Certificate.
25    "Birth relative" means a birth mother, birth father, birth
26grandparent, birth sibling, birth aunt, or birth uncle.

 

 

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

 

 

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1parent or legal guardian of an adopted or surrendered person
2under the age of 21, or adoptive parent, surviving spouse, or
3adult child of a deceased adopted or surrendered person who has
4filed an Illinois Adoption Registry Application or
5Registration Identification Form with the Registry.
6    "Registry" means the Illinois Adoption Registry and
7Medical Information Exchange.
8    "Request for a Non-Certified Copy of an Original Birth
9Certificate" means an affidavit completed by an adult adopted
10or surrendered person or by the surviving adult child or
11surviving spouse of a deceased adopted or surrendered person
12and filed with the Registry requesting a non-certified copy of
13an adult adopted or surrendered person's original certificate
14of live birth in Illinois.
15    "Surrendered person" means a person whose parents' rights
16have been surrendered or terminated but who has not been
17adopted.
18    "Surviving spouse" means the wife or husband, 21 years of
19age or older, of a deceased adopted or surrendered person who
20would be 21 years of age or older if still alive and who has one
21or more surviving biological children who are under the age of
2221.
23    "18.3 statement" means a statement regarding the
24disclosure of identifying information signed by a birth parent
25under Section 18.3 of this Act as it existed immediately prior
26to the effective date of this amendatory Act of the 96th

 

 

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1General Assembly.
2(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15.)
 
3    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
4    Sec. 18.1. Disclosure of identifying information.
5    (a) The Department of Public Health shall establish and
6maintain a Registry for the purpose of allowing mutually
7consenting members of birth and adoptive families to exchange
8identifying and medical information. Identifying information
9for the purpose of this Act shall mean any one or more of the
10following:
11        (1) The name and last known address of the consenting
12    person or persons.
13        (2) A copy of the Illinois Adoption Registry
14    Application of the consenting person or persons.
15        (3) A non-certified copy of the original birth
16    certificate of an adult adopted or surrendered person.
17    (b) Written authorization from all parties identified must
18be received prior to disclosure of any identifying information,
19with the exception of non-certified copies of original birth
20certificates released to adult adopted or surrendered persons
21or to surviving adult children and surviving spouses of
22deceased adopted or surrendered persons pursuant to the
23procedures outlined in Section 18.1b(e).
24    (c) At any time after a child is surrendered for adoption,
25or at any time during the adoption proceedings or at any time

 

 

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1thereafter, either birth parent or both of them may file with
2the Registry a Birth Parent Registration Identification Form.
3    (d) A birth sibling 21 years of age or over who was not
4surrendered for adoption and who has submitted a copy of his or
5her birth certificate as well as proof of death for a deceased
6birth parent and such birth parent did not file a Denial of
7Information Exchange or a Birth Parent Preference Form on which
8Option E was selected with the Registry prior to his or her
9death may file a Registration Identification Form and an
10Information Exchange Authorization or a Denial of Information
11Exchange.
12    (e) A birth aunt or birth uncle who has submitted birth
13certificates for himself or herself and for a deceased birth
14parent naming at least one common biological parent as well as
15proof of death for the deceased birth parent and such birth
16parent did not file a Denial of Information Exchange or a Birth
17Parent Preference Form on which Option E was selected with the
18Registry prior to his or her death may file a Registration
19Identification Form and an Information Exchange Authorization
20or a Denial of Information Exchange.
21    (e-5) A birth grandparent who has submitted birth
22certificates for himself or herself and for a deceased birth
23parent as well as proof of death for the deceased birth parent
24and the birth parent did not file a Denial of Information
25Exchange or a Birth Parent Preference Form on which Option E
26was selected with the Registry prior to his or her death may

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (m) A registrant may notify the Registry of his or her
2desire not to have identifying information revealed or may
3revoke any previously filed Information Exchange Authorization
4by completing and filing with the Registry a Registry
5Identification Form along with a Denial of Information Exchange
6or, if applicable, a Birth Parent Preference Form. Any
7registrant, except a birth parent, may revoke his or her Denial
8of Information Exchange by filing an Information Exchange
9Authorization. A birth parent may revoke a Denial of
10Information Exchange by filing a Birth Parent Preference Form.
11Any birth parent who has previously filed a Birth Parent
12Preference Form where Option E was selected may revoke such
13preference by filing a subsequent Birth Parent Preference Form
14and selecting Option A, B, C, or D. The Department of Public
15Health shall act in accordance with the most recently filed
16affidavit.
17    (n) Identifying information ascertained from the Registry
18shall be confidential and may be disclosed only (1) upon a
19Court Order, which order shall name the person or persons
20entitled to the information, or (2) to a registrant who is the
21subject of an Information Exchange Authorization or, if
22applicable, a Birth Parent Preference Form that was completed
23by another registrant and filed with the Illinois Adoption
24Registry and Medical Information Exchange, or (3) as authorized
25under subsection (h) of Section 18.3 of this Act, or (4)
26pursuant to the procedures outlined in Section 18.1b(e) of this

 

 

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1Act. Any person who willfully provides unauthorized disclosure
2of any information filed with the Registry or who knowingly or
3intentionally files false information with the Registry shall
4be guilty of a Class A misdemeanor and shall be liable for
5damages.
6    (o) If information is disclosed pursuant to this Act, the
7Department shall redact it to remove any identifying
8information about any party who has not consented to the
9disclosure of such identifying information, or, in the case of
10identifying information on the original birth certificate,
11pursuant to Section 18.1b(e) of this Act.
12(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15.)
 
13    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
14    Sec. 18.2. Forms.
15    (a) The Department shall develop the Illinois Adoption
16Registry forms as provided in this Section. The General
17Assembly shall reexamine the content of the form as requested
18by the Department, in consultation with the Registry Advisory
19Council. The form of the Birth Parent Registration
20Identification Form shall be substantially as follows:
21
BIRTH PARENT REGISTRATION IDENTIFICATION
22
(Insert all known information)
23I, ....., state that I am the ...... (mother or father) of the
24following child:
25    Child's original name: ..... (first) ..... (middle) .....

 

 

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

 

 

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1I, ....., state the following:
2    Adopted Person's present name: ..... (first) .....
3        (middle) ..... (last).
4    Adopted Person's name at birth (if known): ..... (first)
5        ..... (middle) ..... (last), ..... (birth date), .....
6        (city and state of birth), ...... (sex), ..... (race).
7    Name of adoptive father: ..... (first) ..... (middle) .....
8        (last), ..... (race).
9    Maiden name of adoptive mother: ..... (first) .....
10        (middle) ..... (last), ..... (race).
11    Name of birth mother (if known): ..... (first) .....
12        (middle) ..... (last), ..... (race).
13    Name of birth father (if known): ..... (first) .....
14        (middle) ..... (last), ..... (race).
15    Name(s) at birth of sibling(s) having a common birth parent
16        with adoptee (if known): ..... (first) ..... (middle)
17        ..... (last), ..... (race), and name of common birth
18        parent: ..... (first) ..... (middle) ..... (last),
19        ..... (race).
20I was adopted through: ..... (name of agency).
21I was adopted privately: ..... (state "yes" if known).
22I was adopted in ..... (city and state), ..... (approximate
23    date).
24Other identifying information: .............
25
......................
26
(signature of adoptee)

 

 

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1...........                        .........................
2(date)                              (printed name of adoptee)
 
3    (c) The form of the Surrendered Person Registration
4Identification shall be substantially as follows:
5
SURRENDERED PERSON REGISTRATION
6
IDENTIFICATION
7
(Insert all known information)
8I, ....., state the following:
9    Surrendered Person's present name: ..... (first) .....
10        (middle) ..... (last).
11    Surrendered Person's name at birth (if known): .....
12        (first) ..... (middle) ..... (last), .....(birth
13        date), ..... (city and state of birth), ...... (sex),
14        ..... (race).
15    Name of guardian father: ..... (first) ..... (middle) .....
16        (last), ..... (race).
17    Maiden name of guardian mother: ..... (first) .....
18        (middle) ..... (last), ..... (race).
19    Name of birth mother (if known): ..... (first) .....
20        (middle) ..... (last) ..... (race).
21    Name of birth father (if known): ..... (first) .....
22        (middle) ..... (last), .....(race).
23    Name(s) at birth of sibling(s) having a common birth parent
24        with surrendered person (if known): ..... (first)
25        ..... (middle) ..... (last), ..... (race), and name of

 

 

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1        common birth parent: ..... (first) ..... (middle)
2        ..... (last), ..... (race).
3I was surrendered for adoption to: ..... (name of agency).
4I was surrendered for adoption in ..... (city and state), .....
5    (approximate date).
6Other identifying information: ............
7
................................
8
(signature of surrendered person)
9............                          ......................
10(date)                (printed name of person
11                                                             surrendered for adoption)
 
12    (c-3) The form of the Registration Identification Form for
13Surviving Relatives of Deceased Birth Parents shall be
14substantially as follows:
15
REGISTRATION IDENTIFICATION FORM
16
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
17
(Insert all known information)
18I, ....., state the following:
19    Name of deceased birth parent at time of surrender:
20    Deceased birth parent's date of birth:
21    Deceased birth parent's date of death:
22    Adopted or surrendered person's name at birth (if known):
23        .....(first) ..... (middle) ..... (last), .....(birth
24        date), ..... (city and state of birth), ...... (sex),
25        ..... (race).

 

 

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1My relationship to the adopted or surrendered person (check
2one): (birth parent's non-surrendered child) (birth parent's
3parent) (birth parent's sister) (birth parent's brother).
 
4If you are a non-surrendered child of the birth parent, provide
5name(s) at birth and age(s) of non-surrendered siblings having
6a common parent with the birth parent. If more than one
7sibling, please give information requested below on reverse
8side of this form. If you are a sibling or parent of the birth
9parent, provide name(s) at birth and age(s) of the sibling(s)
10of the birth parent. If more than one sibling, please give
11information requested below on reverse side of this form.
12    Name (First) ..... (middle) ..... (last), .....(birth
13        date), ..... (city and state of birth), ...... (sex),
14        ..... (race).
15    Name(s) of common parent(s) (first) ..... (middle) .....
16        (last), .....(race), (first) ..... (middle) .....
17        (last), .....(race).
18My birth sibling/child of my brother/child of my sister/ was
19surrendered for adoption to ..... (name of agency) City and
20state of agency ..... Date .....(approximate) Other
21identifying information ..... (Please note that you must: (i)
22be at least 21 years of age to register; (ii) submit with your
23registration a certified copy of the birth parent's birth
24certificate; (iii) submit a certified copy of the birth
25parent's death certificate; and (iv) if you are a

 

 

HB3967- 18 -LRB099 06337 HEP 26407 b

1non-surrendered birth sibling or a sibling of the deceased
2birth parent, also submit a certified copy of your birth
3certificate with this registration. No application from a
4surviving relative of a deceased birth parent can be accepted
5if the birth parent filed a Denial of Information Exchange
6prior to his or her death.)
7
................................
8
(signature of birth parent's surviving relative)

 
9............                                     ............
10(date)                                (printed name of birth 
11                parent's surviving relative)
 
12    (c-5) The form of the Registration Identification Form for
13Surviving Relatives of Deceased Adopted or Surrendered Persons
14shall be substantially as follows:
15
REGISTRATION IDENTIFICATION FORM FOR
16
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
17
(Insert all known information)
18I, ....., state the following:
19    Adopted or surrendered person's name at birth (if known):
20        (first) ..... (middle) ..... (last), .....(birth
21        date), ..... (city and state of birth), ...... (sex),
22        ..... (race).
23    Adopted or surrendered person's date of death:
24My relationship to the deceased adopted or surrendered

 

 

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

 

 

HB3967- 20 -LRB099 06337 HEP 26407 b

1    deceased adopted or surrendered person can be accepted if
2    the adopted or surrendered person filed a Denial of
3    Information Exchange prior to his or her death.)
4
................................
5
(signature of adopted or surrendered person's surviving
6        relative)
 
7............                                     ............
8(date)               (printed name of adopted
9                                                             person's surviving relative)
 
10    (d) The form of the Information Exchange Authorization
11shall be substantially as follows:
12
INFORMATION EXCHANGE AUTHORIZATION
13    I, ....., state that I am the person who completed the
14Registration Identification; that I am of the age of .....
15years; that I hereby authorize the Department of Public Health
16to give to the following person(s) (birth mother) (birth
17father) (birth sibling) (adopted or surrendered person)
18(adoptive mother) (adoptive father) (legal guardian of an
19adopted or surrendered person) (birth grandparent) (birth
20aunt) (birth uncle) (adult child of a deceased adopted or
21surrendered person) (surviving spouse of a deceased adopted or
22surrendered person) (all eligible relatives) the following
23(please check the information authorized for exchange):

 

 

HB3967- 21 -LRB099 06337 HEP 26407 b

1        [  ]  1. Only my name and last known address.
2        [  ]  2. A copy of my Illinois Adoption Registry
3    Application.
4        [  ]  3. A non-certified copy of the adopted or
5    surrendered person's original certificate of live birth
6    (check only if you are an adopted or surrendered person or
7    the surviving adult child or surviving spouse of a deceased
8    adopted or surrendered person).
9        [  ]  4. A copy of my completed medical questionnaire.
10    I am fully aware that I can only be supplied with
11information about an individual or individuals who have duly
12executed an Information Exchange Authorization that has not
13been revoked or, if I am an adopted or surrendered person, from
14a birth parent who completed a Birth Parent Preference Form and
15did not prohibit the release of his or her identity to me; that
16I can be contacted by writing to: ..... (own name or name of
17person to contact) (address) (phone number).
18NOTE: New IARMIE registrants who do not complete a Medical
19Information Exchange Questionnaire and release a copy of their
20questionnaire to at least one Registry applicant must pay a $15
21registration fee.
22    Dated (insert date).
23                                                             ..............
24                                               (signature)
 
25    (e) The form of the Denial of Information Exchange shall be

 

 

HB3967- 22 -LRB099 06337 HEP 26407 b

1substantially as follows:
2
DENIAL OF INFORMATION EXCHANGE
3    I, ....., state that I am the person who completed the
4Registration Identification; that I am of the age of .....
5years; that I hereby instruct the Department of Public Health
6not to give any identifying information about me to the
7following person(s) (birth mother) (birth father) (birth
8sibling) (adopted or surrendered person) (adoptive mother)
9(adoptive father) (legal guardian of an adopted or surrendered
10person) (birth grandparent) (birth aunt) (birth uncle) (adult
11child of a deceased adopted or surrendered person) (surviving
12spouse of a deceased adopted or surrendered person) (all
13eligible relatives).
14    I do/do not (circle appropriate response) authorize the
15Registry to release a copy of my completed Medical Information
16Exchange Questionnaire to qualified Registry applicants. NOTE:
17New IARMIE registrants who do not complete a Medical
18Information Exchange Questionnaire and release a copy of their
19questionnaire to at least one Registry applicant must pay a $15
20registration fee. Birth parents filing a Denial of Information
21Exchange are advised that, under Illinois law, an adult adopted
22person may initiate a search for a birth parent who has filed a
23Denial of Information Exchange or Birth Parent Preference Form
24on which Option E was selected through the State confidential
25intermediary program once 5 years have elapsed since the filing
26of the Denial of Information Exchange or Birth Parent

 

 

HB3967- 23 -LRB099 06337 HEP 26407 b

1Preference Form.
2    Dated (insert date).
3                                                             ...............        
4                                      (signature)
 
5    (f) The form of the Birth Parent Preference Form shall be
6substantially as follows:
7    In recognition of the basic right of all persons to access
8their birth records, Illinois law now provides for the release
9of original birth certificates to adopted and surrendered
10persons 21 years of age or older upon request. While many birth
11parents are comfortable sharing their identities or initiating
12contact with their birth sons and daughters once they have
13reached adulthood, Illinois law also recognizes that there may
14be unique situations where a birth parent might have a
15compelling reason for not wishing to establish contact with a
16birth son or birth daughter or for not wishing to release
17identifying information that appears on the original birth
18certificate of a birth son or birth daughter who has reached
19adulthood. The Illinois Adoption Registry and Medical
20Information Exchange (IARMIE) has therefore established the
21attached form to allow birth parents to express their
22preferences regarding contact; and, if their birth child was
23born on or after January 1, 1946, to express their wishes
24regarding the sharing of identifying information listed on the
25original birth certificate with an adult adopted or surrendered

 

 

HB3967- 24 -LRB099 06337 HEP 26407 b

1person who has reached the age of 21 or his or her surviving
2relatives.
3    In selecting one of the 5 options below, birth parents
4should keep in mind that the decision to deny an adult adopted
5or surrendered person access to identifying information on his
6or her original birth record and/or information about
7genetically-transmitted diseases is an important decision that
8may impact the adopted or surrendered person's life in many
9ways. A request for anonymity on this form only pertains to
10information that is provided to an adult adopted or surrendered
11person or his or her surviving relatives through the Registry.
12This will not prevent the disclosure of identifying information
13that may be available to the adoptee through his or her
14adoptive parents and/or other means available to him or her.
15Birth parents who would prefer not to be contacted by their
16surrendered son or daughter are strongly urged to complete both
17the Non-Identifying Information Section included on the final
18page of the attached form and the Medical Questionnaire in
19order to provide their surrendered son or daughter with the
20background information he or she may need to better understand
21his or her origins. Birth parents whose birth son or birth
22daughter is under 21 years of age at the time of the completion
23of this form are reminded that no original birth certificate
24will be released by the IARMIE before an adoptee has reached
25the age of 21. Should you need additional assistance in
26completing this form, please contact the agency that handled

 

 

HB3967- 25 -LRB099 06337 HEP 26407 b

1the adoption, if applicable, or the Illinois Adoption Registry
2and Medical Information Exchange at 877-323-5299.
3    After careful consideration, I have made the following
4decision regarding contact with my birth son/birth daughter,
5(insert birth son's/birth daughter's name at birth, if
6applicable) ......, who was born in (insert city/town of birth)
7...... on (insert date of birth)...... and the release of my
8identifying information as it appears on his/her original birth
9certificate when he/she reaches the age of 21, and I have
10chosen Option ...... (insert A, B, C, D, or E, as applicable).
11I realize that this form must be accompanied by a completed
12IARMIE application form as well as a Medical Information
13Exchange Questionnaire or the $15 registration fee. I am also
14aware that I may revoke this decision at any time by completing
15a new Birth Parent Preference Form and filing it with the
16IARMIE. I understand that it is my responsibility to update the
17IARMIE with any changes to contact information provided below.
18I also understand that, while preferences regarding the release
19of identifying information through the Registry are binding
20unless the law should change in the future, any selection I
21have made regarding my preferred method of contact is not.
22...
23(Signature/Date)
 
24(Please insert your signature and today's date above, as well
25as under your chosen option, A, B, C, D, or E below.)
 

 

 

HB3967- 26 -LRB099 06337 HEP 26407 b

1Option A. My birth son or birth daughter was born on or after
2January 1, 1946, and I agree to the release of my identifying
3information as it appears on my birth son's/birth daughter's
4original birth certificate, OR my birth son or birth daughter
5was born prior to January 1, 1946. I would welcome direct
6contact with my birth son/birth daughter when he or she has
7reached the age of 21. In addition, before my birth son or
8birth daughter has reached the age of 21 or in the event of his
9or her death, I would welcome contact with the following
10relatives of my birth child (circle all that apply): adoptive
11mother, adoptive father, surviving spouse, surviving adult
12child. I wish to be contacted at the following mailing address,
13email address or phone number:
14..............................
15.............................................................
16.............................................................
17.............................................................
18(Signature/Date)
 
19Option B. My birth son or birth daughter was born on or after
20January 1, 1946, and I agree to the release of my identifying
21information as it appears on my birth son's/birth daughter's
22original birth certificate, OR my birth son or birth daughter
23was born prior to January 1, 1946. I would welcome contact with
24my birth son/birth daughter when he or she has reached the age

 

 

HB3967- 27 -LRB099 06337 HEP 26407 b

1of 21. In addition, before my birth son or birth daughter has
2reached the age of 21 or in the event of his or her death, I
3would welcome contact with the following relatives of my birth
4child (circle all that apply): adoptive mother, adoptive
5father, surviving spouse, surviving adult child. I would prefer
6to be contacted through the following person. (Insert name and
7mailing address, email address or phone number of chosen
8contact person.)
9............................................
10.............................................................
11(Signature/Date)
 
12Option C. My birth son or birth daughter was born on or after
13January 1, 1946, and I agree to the release of my identifying
14information as it appears on my birth son's/birth daughter's
15original birth certificate, OR my birth son or birth daughter
16was born prior to January 1, 1946. I would welcome contact with
17my birth son/birth daughter when he or she has reached the age
18of 21. In addition, before my birth son or birth daughter has
19reached the age of 21 or in the event of his or her death, I
20would welcome contact with the following relatives of my birth
21child (circle all that apply): adoptive mother, adoptive
22father, surviving spouse, surviving adult child. I would prefer
23to be contacted through the Illinois Confidential Intermediary
24Program (please call 800-526-9022 for additional information)
25or through the agency that handled the adoption. (Insert agency

 

 

HB3967- 28 -LRB099 06337 HEP 26407 b

1name, address and phone number, if applicable.)
2.............
3.............................................................
4(Signature/Date)
 
5Option D. My birth son or birth daughter was born on or after
6January 1, 1946, and I agree to the release of my identifying
7information as it appears on my birth son's/birth daughter's
8original birth certificate when he or she has reached the age
9of 21, OR my birth son or birth daughter was born prior to
10January 1, 1946. I would prefer not to be contacted by my birth
11son/birth daughter or his or her adoptive parents or surviving
12relatives.
13...................................................
14(Signature/Date)
 
15Option E. My birth son or birth daughter was born on or after
16January 1, 1946, and I wish to prohibit the release of my
17(circle ALL applicable options) first name, last name, last
18known address, birth son/birth daughter's last name (if last
19name listed is same as mine), as they appear on my birth
20son's/birth daughter's original birth certificate and do not
21wish to be contacted by my birth son/birth daughter when he or
22she has reached the age of 21. If there were any special
23circumstances that played a role in your decision to remain
24anonymous which you would like to share with your birth

 

 

HB3967- 29 -LRB099 06337 HEP 26407 b

1son/birth daughter, please list them in the space provided
2below (optional).
3...........................................
4.............................................................
5I understand that, although I have chosen to prohibit the
6release of my identity on the non-certified copy of the
7original birth certificate released to my birth son/birth
8daughter, he or she may request that a court-appointed
9confidential intermediary contact me to request updated
10medical information and/or confirm my desire to remain
11anonymous once 5 years have elapsed since the signing of this
12form; at the time of this subsequent search, I wish to be
13contacted through the person named below. (Insert in blank area
14below the name and phone number of the contact person, or leave
15it blank if you wish to be contacted directly.) I also
16understand that this request for anonymity shall expire upon my
17death.
18......................................................
19.............................................................
20(Signature/Date)
 
21NOTE: A copy of this form will be forwarded to your birth son
22or birth daughter should he or she file a request for his or
23her original birth certificate with the IARMIE. However, if you
24have selected Option E, identifying information, per your
25specifications above, will be deleted from the copy of this

 

 

HB3967- 30 -LRB099 06337 HEP 26407 b

1form forwarded to your birth son or daughter during your
2lifetime. In the event that an adopted or surrendered person is
3deceased, his or her surviving adult children may request a
4copy of the adopted or surrendered person's original birth
5certificate providing they have registered with the IARMIE; the
6copy of this form and the non-certified copy of the original
7birth certificate forwarded to the surviving child of the
8adopted or surrendered person shall be redacted per your
9specifications on this form during your lifetime.
10Non-Identifying Information Section
11I wish to voluntarily provide the following non-identifying
12information to my birth son or birth daughter:
13My age at the time of my child's birth was .........
14My race is best described as: ..........................
15My height is: .........
16My body type is best described as (circle one): slim, average,
17muscular, a few extra pounds, or more than a few extra pounds.
18My natural hair color is/was: ..................
19My eye color is: ..................
20My religion is best described as: ..................
21My ethnic background is best described as: ..................
22My educational level is closest to (circle applicable
23response): completed elementary school, graduated from
24high school, attended college, earned bachelor's degree,
25earned master's degree, earned doctoral degree.
26My occupation is best described as ..................

 

 

HB3967- 31 -LRB099 06337 HEP 26407 b

1My hobbies include ..................
2My interests include ..................
3My talents include ..................
4In addition to my surrendered son or daughter, I also
5am the biological parent of (insert number) ....... boys and
6(insert number) ....... girls, of whom (insert number) .......
7are still living.
8The relationship between me and my child's birth mother/birth
9father would best be described as (circle appropriate
10response): husband and wife, ex-spouses, boyfriend and
11girlfriend, casual acquaintances, other (please specify)
12..............
13    (g) The form of the Request for a Non-Certified Copy of an
14Original Birth Certificate shall be substantially as follows:
15
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
16
CERTIFICATE
17    I, (requesting party's full name) ....., hereby request a
18non-certified copy of (check appropriate option) ..... my
19original birth certificate ..... the original birth
20certificate of my deceased adopted or surrendered parent .....
21the original birth certificate of my deceased adopted or
22surrendered spouse (insert deceased parent's/deceased spouse's
23name at adoption) ...... I/my deceased parent/my deceased
24spouse was born in (insert city and county of adopted or
25surrendered person's birth) ..... on ..... (insert adopted or
26surrendered person's date of birth). In the event that one or

 

 

HB3967- 32 -LRB099 06337 HEP 26407 b

1both of my/my deceased parent's/my deceased spouse's birth
2parents has requested that their identity not be released to
3me/to my deceased parent/to my deceased spouse, I wish to
4(check appropriate option) ..... a. receive a non-certified
5copy of the original birth certificate from which identifying
6information pertaining to the birth parent who requested
7anonymity has been deleted; or ..... b. I do not wish to
8receive received an altered copy of the original birth
9certificate.
10    Dated (insert date).
11        ...................
12
(signature)
     

 
13    (h) Any Information Exchange Authorization, Denial of
14Information Exchange, or Birth Parent Preference Form filed
15with the Registry, or Request for a Non-Certified Copy of an
16Original Birth Certificate filed with the Registry by a
17surviving adult child or surviving spouse of a deceased adopted
18or surrendered person, shall be acknowledged by the person who
19filed it before a notary public, in form substantially as
20follows:
21State of ..............
22County of .............
23    I, a Notary Public, in and for the said County, in the
24State aforesaid, do hereby certify that ...............
25personally known to me to be the same person whose name is

 

 

HB3967- 33 -LRB099 06337 HEP 26407 b

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

 

 

HB3967- 34 -LRB099 06337 HEP 26407 b

1    Given under my hand and notarial seal on (insert date).
2
.......................
3
(signature)
   
 
4    (j) When an Illinois Adoption Registry Application,
5Information Exchange Authorization, Denial of Information
6Exchange, Birth Parent Preference Form, or Request for a
7Non-Certified Copy of an Original Birth Certificate completed
8by a surviving adult child or surviving spouse of a deceased
9adopted or surrendered person is executed in a foreign country,
10the execution of such document shall be acknowledged or
11affirmed before an officer of the United States consular
12services.
13    (k) If the person signing an Information Exchange
14Authorization, Denial of Information, Birth Parent Preference
15Form, or Request for a Non-Certified Copy of an Original Birth
16Certificate completed by a surviving adult child or surviving
17spouse of a deceased adopted or surrendered person is in the
18military service of the United States, the execution of such
19document may be acknowledged before a commissioned officer and
20the signature of such officer on such certificate shall be
21verified or acknowledged before a notary public or by such
22other procedure as is then in effect for such division or
23branch of the armed forces.
24    (l) An adopted or surrendered person, surviving adult
25child, adult grandchild, surviving spouse, or birth parent of

 

 

HB3967- 35 -LRB099 06337 HEP 26407 b

1an adult adopted person who completes a Request For a
2Non-Certified Copy of the Original Birth Certificate shall meet
3the same filing requirements and pay the same filing fees as a
4non-adopted person seeking to obtain a copy of his or her
5original birth certificate.
6    (m) Beginning on January 1, 2015, any birth parent of an
7adult adopted person named on the original birth certificate
8may request a non-certified copy of the original birth
9certificate reflecting the birth of the adult adopted person,
10provided that:
11        (1) any non-certified copy of the original birth
12    certificate released under this subsection (m) shall not
13    reflect the State file number on the original birth
14    certificate; and
15        (2) if the Department of Public Health does not locate
16    the original birth certificate, it shall issue a
17    certification of no record found.
18(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15;
19revised 12-10-14.)
 
20    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
21    Sec. 18.3a. Confidential intermediary.
22    (a) General purposes. Notwithstanding any other provision
23of this Act,
24        (1) any adopted or surrendered person 21 years of age
25    or over; or

 

 

HB3967- 36 -LRB099 06337 HEP 26407 b

1        (2) any adoptive parent or legal guardian of an adopted
2    or surrendered person under the age of 21; or
3        (3) any birth parent of an adopted or surrendered
4    person who is 21 years of age or over; or
5        (4) any adult child or adult grandchild of a deceased
6    adopted or surrendered person; or
7        (5) any adoptive parent or surviving spouse of a
8    deceased adopted or surrendered person; or
9        (6) any adult birth sibling of the adult adopted or
10    surrendered person unless the birth parent has checked
11    Option E on the Birth Parent Preference Form or has filed a
12    Denial of Information Exchange with the Registry and is not
13    deceased; or
14        (7) any adult adopted birth sibling of an adult adopted
15    or surrendered person; or
16        (8) any adult birth sibling of the birth parent if the
17    birth parent is deceased; or
18        (9) any birth grandparent
19may petition the court in any county in the State of Illinois
20for appointment of a confidential intermediary as provided in
21this Section for the purpose of exchanging medical information
22with one or more mutually consenting biological relatives,
23obtaining identifying information about one or more mutually
24consenting biological relatives, or arranging contact with one
25or more mutually consenting biological relatives. The
26petitioner shall be required to accompany his or her petition

 

 

HB3967- 37 -LRB099 06337 HEP 26407 b

1with proof of registration with the Illinois Adoption Registry
2and Medical Information Exchange.
3    (b) Petition. Upon petition, the court shall appoint a
4confidential intermediary. The petition shall indicate if the
5petitioner wants to do any one or more of the following as to
6the sought-after relative or relatives: exchange medical
7information with the biological relative or relatives, obtain
8identifying information from the biological relative or
9relatives, or to arrange contact with the biological relative.
10    (c) Order. The order appointing the confidential
11intermediary shall allow that intermediary to conduct a search
12for the sought-after relative by accessing those records
13described in subsection (g) of this Section.
14    (d) Fees and expenses. The court shall not condition the
15appointment of the confidential intermediary on the payment of
16the intermediary's fees and expenses in advance of the
17commencement of the work of the confidential intermediary. No
18fee shall be charged to any petitioner.
19    (e) Eligibility of intermediary. The court may appoint as
20confidential intermediary any person certified by the
21Department of Children and Family Services as qualified to
22serve as a confidential intermediary. Certification shall be
23dependent upon the confidential intermediary completing a
24course of training including, but not limited to, applicable
25federal and State privacy laws.
26    (f) (Blank).

 

 

HB3967- 38 -LRB099 06337 HEP 26407 b

1    (g) Confidential intermediary access to information.
2Subject to the limitations of subsection (i) of this Section,
3the confidential intermediary shall have access to vital
4records maintained by the Department of Public Health and its
5local designees for the maintenance of vital records, or a
6comparable public entity that maintains vital records in
7another state in accordance with that state's laws, and all
8records of the court or any adoption agency, public or private,
9as limited in this Section, which relate to the adoption or the
10identity and location of an adopted or surrendered person, of
11an adult child or surviving spouse of a deceased adopted or
12surrendered person, or of a birth parent, birth sibling, or the
13sibling of a deceased birth parent. The confidential
14intermediary shall not have access to any personal health
15information protected by the Standards for Privacy of
16Individually Identifiable Health Information adopted by the
17U.S. Department of Health and Human Services under the Health
18Insurance Portability and Accountability Act of 1996 unless the
19confidential intermediary has obtained written consent from
20the person whose information is being sought by an adult
21adopted or surrendered person or, if that person is a minor
22child, that person's parent or guardian. Confidential
23intermediaries shall be authorized to inspect confidential
24relinquishment and adoption records. The confidential
25intermediary shall not be authorized to access medical records,
26financial records, credit records, banking records, home

 

 

HB3967- 39 -LRB099 06337 HEP 26407 b

1studies, attorney file records, or other personal records. In
2cases where a birth parent is being sought, an adoption agency
3shall inform the confidential intermediary of any statement
4filed pursuant to Section 18.3, hereinafter referred to as "the
518.3 statement", indicating a desire of the surrendering birth
6parent to have identifying information shared or to not have
7identifying information shared. Information provided to the
8confidential intermediary by an adoption agency shall be
9restricted to the full name, date of birth, place of birth,
10last known address, last known telephone number of the
11sought-after relative or, if applicable, of the children or
12siblings of the sought-after relative, and the 18.3 statement.
13If the petitioner is an adult adopted or surrendered person or
14the adoptive parent of a minor and if the petitioner has signed
15a written authorization to disclose personal medical
16information, an adoption agency disclosing information to a
17confidential intermediary shall disclose available medical
18information about the adopted or surrendered person from birth
19through adoption.
20    (h) Missing or lost original birth certificate; remedy.
21Disclosure of information by the confidential intermediary
22shall be consistent with the public policy and intent of laws
23granting original birth certificate access as expressed in
24Section 18.04 of this Act. The confidential intermediary shall
25comply with the following procedures in disclosing information
26to the petitioners:

 

 

HB3967- 40 -LRB099 06337 HEP 26407 b

1         (1) If the petitioner is an adult adopted or
2    surrendered person, or the adult child, adult grandchild,
3    or surviving spouse of a deceased adopted or surrendered
4    person, the confidential intermediary shall disclose:
5            (A) identifying information about the birth parent
6        of the adopted person which, in the ordinary course of
7        business, would have been reflected on the original
8        filed certificate of birth, as of the date of birth,
9        only if:
10                (i) the adopted person was born before January
11            1, 1946 and the petitioner has requested a
12            non-certified copy of the adopted person's
13            original birth certificate under Section 18.1 of
14            this Act, and the Illinois Department of Public
15            Health has issued a certification that the
16            original birth certificate was not found, or the
17            petitioner has presented the confidential
18            intermediary with the non-certified copy of the
19            original birth certificate which omits the name of
20            the birth parent;
21                (ii) the adopted person was born after January
22            1, 1946, and the petitioner has requested a
23            non-certified copy of the adopted person's
24            original birth certificate under Section 18.1 of
25            this Act and the Illinois Department of Public
26            Health has issued a certification that the

 

 

HB3967- 41 -LRB099 06337 HEP 26407 b

1            original birth certificate was not found.
2            In providing information pursuant to this
3        subdivision (h)(1)(A), the confidential intermediary
4        shall expressly inform the petitioner in writing that
5        since the identifying information is not from an
6        official original certificate of birth filed pursuant
7        to the Vital Records Act, the confidential
8        intermediary cannot attest to the complete accuracy of
9        the information and the confidential intermediary
10        shall not be liable if the information disclosed is not
11        accurate. Only information from the court files shall
12        be provided to the petitioner in this Section. If the
13        identifying information concerning a birth father is
14        sought by the petitioner, the confidential
15        intermediary shall disclose only the identifying
16        information of the birth father as defined in Section
17        18.06 of this Act;
18            (B) the name of the child welfare agency which had
19        legal custody of the surrendered person or
20        responsibility for placing the surrendered person and
21        any available contact information for such agency;
22            (C) the name of the state in which the surrender
23        occurred or in which the adoption was finalized; and
24            (D) any information for which the sought-after
25        relative has provided his or her consent to disclose
26        under paragraphs (1) through (4) of subsection (i) of

 

 

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1        this Section.
2        (2) If the petitioner is an adult adopted or
3    surrendered person, or the adoptive parent of an adult
4    adopted or surrendered person under the age of 21, or the
5    adoptive parent of a deceased adopted or surrendered
6    person, the confidential intermediary shall provide, in
7    addition to the information listed in paragraph (1) of this
8    subsection (h):
9            (A) any information which the adoption agency
10        provides pursuant to subsection (i) of this Section
11        pertaining to medical information about the adopted or
12        surrendered person; and
13            (B) any non-identifying information, as defined in
14        Section 18.4 of this Act, that is obtained during the
15        search.
16        (3) If the petitioner is not defined in paragraph (1)
17    or (2) of this subsection, the confidential intermediary
18    shall provide to the petitioner:
19            (A) any information for which the sought-after
20        relative has provided his or her consent under
21        paragraphs (1) through (4) of subsection (i) of this
22        Section;
23            (B) the name of the child welfare agency which had
24        legal custody of the surrendered person or
25        responsibility for placing the surrendered person and
26        any available contact information for such agency; and

 

 

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1            (C) the name of the state in which the surrender
2        occurred or in which the adoption was finalized.
3    (h-5) Disclosure of information shall be made by the
4confidential intermediary at any time from the appointment of
5the confidential intermediary and the court's issuance of an
6order of dismissal.
7    (i) Duties of confidential intermediary in conducting a
8search. In conducting a search under this Section, the
9confidential intermediary shall first determine whether there
10is a Denial of Information Exchange or a Birth Parent
11Preference Form with Option E selected or an 18.3 statement
12referenced in subsection (g) of this Section on file with the
13Illinois Adoption Registry. If there is a denial, the Birth
14Parent Preference Form on file with the Registry and the birth
15parent who completed the form selected Option E, or if there is
16an 18.3 statement indicating the birth parent's intent not to
17have identifying information shared and the birth parent did
18not later file an Information Exchange Authorization with the
19Registry, the confidential intermediary must discontinue the
20search unless 5 years or more have elapsed since the execution
21of the Denial of Information Exchange, Birth Parent Preference
22Form, or the 18.3 statement. If a birth parent was previously
23the subject of a search through the State confidential
24intermediary program, the confidential intermediary shall
25inform the petitioner of the need to discontinue the search
26until 10 years or more have elapsed since the initial search

 

 

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

 

 

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1    decision to reject the sharing of information or contact.
2        (2) The sought-after relative may consent to
3    completing a medical questionnaire only. In this case, the
4    confidential intermediary shall provide the questionnaire
5    and ask the sought-after relative to complete it. The
6    confidential intermediary shall forward the completed
7    questionnaire to the petitioner and inform the petitioner
8    of the sought-after relative's desire to not provide any
9    additional information.
10        (3) The sought-after relative may communicate with the
11    petitioner without having his or her identity disclosed. In
12    this case, the confidential intermediary shall arrange the
13    desired communication in a manner that protects the
14    identity of the sought-after relative. The confidential
15    intermediary shall inform the petitioner of the
16    sought-after relative's decision to communicate but not
17    disclose his or her identity.
18        (4) The sought-after relative may consent to initiate
19    contact with the petitioner. The confidential intermediary
20    shall obtain written consents from both parties that they
21    wish to disclose their identities to each other and to have
22    contact with each other.
23    (j) Oath. The confidential intermediary shall sign an oath
24of confidentiality substantially as follows: "I, ..........,
25being duly sworn, on oath depose and say: As a condition of
26appointment as a confidential intermediary, I affirm that:

 

 

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1        (1) I will not disclose to the petitioner, directly or
2    indirectly, any confidential information except in a
3    manner consistent with the law.
4        (2) I recognize that violation of this oath subjects me
5    to civil liability and to a potential finding of contempt
6    of court. ................................
7SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
8date)
9................................."
10    (k) Sanctions.
11        (1) Any confidential intermediary who improperly
12    discloses confidential information identifying a
13    sought-after relative shall be liable to the sought-after
14    relative for damages and may also be found in contempt of
15    court.
16        (2) Any person who learns a sought-after relative's
17    identity, directly or indirectly, through the use of
18    procedures provided in this Section and who improperly
19    discloses information identifying the sought-after
20    relative shall be liable to the sought-after relative for
21    actual damages plus minimum punitive damages of $10,000.
22        (3) The Department shall fine any confidential
23    intermediary who improperly discloses confidential
24    information in violation of item (1) or (2) of this
25    subsection (k) an amount up to $2,000 per improper
26    disclosure. This fine does not affect civil liability under

 

 

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1    item (2) of this subsection (k). The Department shall
2    deposit all fines and penalties collected under this
3    Section into the Illinois Adoption Registry and Medical
4    Information Fund.
5    (l) Death of person being sought. Notwithstanding any other
6provision of this Act, if the confidential intermediary
7discovers that the person being sought has died, he or she
8shall report this fact to the court, along with a copy of the
9death certificate. If the sought-after relative is a birth
10parent, the confidential intermediary shall also forward a copy
11of the birth parent's death certificate, if available, to the
12Registry for inclusion in the Registry file.
13    (m) Any confidential information obtained by the
14confidential intermediary during the course of his or her
15search shall be kept strictly confidential and shall be used
16for the purpose of arranging contact between the petitioner and
17the sought-after birth relative. At the time the case is
18closed, all identifying information shall be returned to the
19court for inclusion in the impounded adoption file.
20    (n) (Blank).
21    (o) Except as provided in subsection (k) of this Section,
22no liability shall accrue to the State, any State agency, any
23judge, any officer or employee of the court, any certified
24confidential intermediary, or any agency designated to oversee
25confidential intermediary services for acts, omissions, or
26efforts made in good faith within the scope of this Section.

 

 

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1    (p) An adoption agency that has received a request from a
2confidential intermediary for the full name, date of birth,
3last known address, or last known telephone number of a
4sought-after relative pursuant to subsection (g) of Section
518.3a, or for medical information regarding a sought-after
6relative pursuant to subsection (h) of Section 18.3a, must
7satisfactorily comply with this court order within a period of
845 days. The court shall order the adoption agency to reimburse
9the petitioner in an amount equal to all payments made by the
10petitioner to the confidential intermediary, and the adoption
11agency shall be subject to a civil monetary penalty of $1,000
12to be paid to the Department of Children and Family Services.
13Following the issuance of a court order finding that the
14adoption agency has not complied with Section 18.3, the
15adoption agency shall be subject to a monetary penalty of $500
16per day for each subsequent day of non-compliance. Proceeds
17from such fines shall be utilized by the Department of Children
18and Family Services to subsidize the fees of petitioners as
19referenced in subsection (d) of this Section.
20    (q) (Blank).
21    Any reimbursements and fines, notwithstanding any
22reimbursement directly to the petitioner, paid under this
23subsection are in addition to other remedies a court may
24otherwise impose by law.
25    The Department of Children and Family Services shall submit
26reports to the Adoption Registry-Confidential Intermediary

 

 

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1Advisory Council by July 1 and January 1 of each year in order
2to report the penalties assessed and collected under this
3subsection, the amounts of related deposits into the DCFS
4Children's Services Fund, and any expenditures from such
5deposits.
6(Source: P.A. 97-110, eff. 7-14-11; 97-1063, eff. 1-1-13;
798-704, eff. 1-1-15.)