Full Text of HB3967 99th General Assembly
HB3967eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adoption Act is amended by changing Sections | 5 | | 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as follows:
| 6 | | (750 ILCS 50/18.06)
| 7 | | Sec. 18.06. Definitions. When used in Sections
18.05 | 8 | | through Section 18.6, for the purposes of the Registry:
| 9 | | "Adopted person" means a person who was adopted
pursuant to | 10 | | the laws in effect at the time of the adoption.
| 11 | | "Adoptive parent" means a person who has become a parent | 12 | | through the legal
process of adoption.
| 13 | | "Adult child" means the biological child 21 years of age or | 14 | | over of a deceased adopted or surrendered person.
| 15 | | "Adult grandchild" means the biological grandchild 21 | 16 | | years of age or over of a deceased adopted or surrendered | 17 | | person. | 18 | | "Adult adopted or surrendered person" means an adopted or | 19 | | surrendered person 21 years of age or over. | 20 | | "Agency" means a public child welfare agency or a licensed | 21 | | child welfare
agency.
| 22 | | "Birth aunt" means the adult full or half sister of a | 23 | | deceased birth parent.
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| 1 | | "Birth father" means the biological father of an adopted or | 2 | | surrendered
person who is named on the original certificate of | 3 | | live birth or on a consent
or surrender document, or a | 4 | | biological father whose paternity has been
established by a | 5 | | judgment or order of the court, pursuant to the Illinois
| 6 | | Parentage Act of 1984.
| 7 | | "Birth grandparent" means the biological parent of: (i) a | 8 | | non-surrendered person who is a deceased birth mother; or (ii) | 9 | | a non-surrendered person who is a deceased birth father. | 10 | | "Birth mother" means the biological mother of an adopted or | 11 | | surrendered
person.
| 12 | | "Birth parent" means a birth mother or birth father of an | 13 | | adopted or
surrendered person.
| 14 | | "Birth Parent Preference Form" means the form prepared by | 15 | | the Department of Public Health pursuant to Section 18.2 | 16 | | completed by a birth parent registrant and filed with the | 17 | | Registry that indicates the birth parent's preferences | 18 | | regarding contact and, if applicable, the release of his or her | 19 | | identifying information on the non-certified copy of the | 20 | | original birth certificate released to an adult adopted or | 21 | | surrendered person or to the surviving adult child or surviving | 22 | | spouse of a deceased adopted or surrendered person who has | 23 | | filed a Request for a Non-Certified Copy of an Original Birth | 24 | | Certificate. | 25 | | "Birth relative" means a birth mother, birth father, birth | 26 | | grandparent, birth sibling, birth aunt, or birth uncle.
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| 1 | | "Birth sibling" means the adult full or half sibling
of an | 2 | | adopted or
surrendered person.
| 3 | | "Birth uncle" means the adult full or half brother of a | 4 | | deceased birth parent.
| 5 | | "Confidential intermediary" means an individual certified | 6 | | by the Department of Children and Family Services pursuant to | 7 | | Section 18.3a(e). | 8 | | "Denial of Information Exchange" means an affidavit | 9 | | completed by a
registrant with the Illinois Adoption Registry | 10 | | and Medical Information Exchange
denying the release of | 11 | | identifying information which has been filed with the Registry.
| 12 | | "Information Exchange Authorization" means
an affidavit | 13 | | completed by a registrant with the Illinois Adoption Registry | 14 | | and
Medical Information Exchange authorizing the release of | 15 | | identifying
information which has been filed with the Registry.
| 16 | | "Medical Information Exchange Questionnaire" means the | 17 | | medical
history
questionnaire completed by a registrant of the | 18 | | Illinois Adoption Registry and
Medical Information Exchange.
| 19 | | "Non-certified Copy of the Original Birth Certificate" | 20 | | means a non-certified copy of the original certificate of live | 21 | | birth of an adult adopted or surrendered person who was born in | 22 | | Illinois. | 23 | | "Proof of death" means a death certificate.
| 24 | | "Registrant" or "Registered Party" means a birth parent, | 25 | | birth grandparent, birth sibling,
birth aunt, birth uncle, | 26 | | adopted or surrendered person 21 years of age or over, adoptive |
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| 1 | | parent or legal
guardian of an adopted or surrendered person | 2 | | under the age of 21, or adoptive parent, surviving spouse, or | 3 | | adult child of a deceased adopted or surrendered person who has | 4 | | filed
an Illinois Adoption Registry Application or | 5 | | Registration Identification Form
with the Registry.
| 6 | | "Registry" means the Illinois Adoption Registry and | 7 | | Medical Information Exchange. | 8 | | "Request for a Non-Certified Copy of an Original Birth | 9 | | Certificate" means an affidavit completed by an adult adopted | 10 | | or surrendered person or by the surviving adult child or | 11 | | surviving spouse of a deceased adopted or surrendered person | 12 | | and filed with the Registry requesting a non-certified copy of | 13 | | an adult adopted or surrendered person's original certificate | 14 | | of live birth in Illinois. | 15 | | "Surrendered person" means a person whose parents' rights | 16 | | have been
surrendered or terminated but who has not been | 17 | | adopted.
| 18 | | "Surviving spouse" means the wife or husband, 21 years of | 19 | | age or older, of a deceased adopted or surrendered person who | 20 | | would be 21 years of age or older if still alive and who has one | 21 | | or more surviving biological children who are under the age of | 22 | | 21.
| 23 | | "18.3 statement" means a statement regarding the | 24 | | disclosure of identifying information signed by a birth parent | 25 | | under Section 18.3 of this Act as it existed immediately prior | 26 | | to the effective date of this amendatory Act of the 96th |
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| 1 | | General 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 | 6 | | maintain a
Registry for the purpose of allowing mutually
| 7 | | consenting members of birth and adoptive families to exchange | 8 | | identifying and medical information. Identifying information | 9 | | for
the purpose of this Act shall mean any one or more of the | 10 | | following:
| 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 | 18 | | be received prior
to disclosure of any identifying information, | 19 | | with the exception of non-certified copies of original birth | 20 | | certificates released to adult adopted or surrendered persons | 21 | | or to surviving adult children and surviving spouses of | 22 | | deceased adopted or surrendered persons pursuant to the | 23 | | procedures outlined in Section 18.1b(e).
| 24 | | (c) At any time after a child is surrendered for adoption, | 25 | | or at any
time during the adoption proceedings or at any time |
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| 1 | | thereafter, either
birth parent or both of them may file with | 2 | | the Registry a Birth
Parent Registration Identification Form.
| 3 | | (d) A birth sibling 21 years of age or over who was not | 4 | | surrendered for
adoption and who has submitted a copy of his or | 5 | | her birth certificate as well as proof of death for a deceased | 6 | | birth parent
and such birth parent did not file a Denial of | 7 | | Information Exchange or a Birth Parent Preference Form on which | 8 | | Option E was selected with the
Registry prior to his or her | 9 | | death may file a Registration Identification Form
and an | 10 | | Information Exchange Authorization or a Denial of Information | 11 | | Exchange.
| 12 | | (e) A birth aunt or birth uncle who has submitted birth | 13 | | certificates for himself or herself and for a deceased birth | 14 | | parent naming at least one common biological parent as well as | 15 | | proof of death for the deceased birth parent and such birth | 16 | | parent did not file a Denial of Information Exchange or a Birth | 17 | | Parent Preference Form on which Option E was selected with the | 18 | | Registry prior to his or her death may file a Registration | 19 | | Identification Form and an Information Exchange Authorization | 20 | | or a Denial of Information Exchange. | 21 | | (e-5) A birth grandparent who has submitted birth | 22 | | certificates for himself or herself and for a deceased birth | 23 | | parent as well as proof of death for the deceased birth parent | 24 | | and the birth parent did not file a Denial of Information | 25 | | Exchange or a Birth Parent Preference Form on which Option E | 26 | | was selected with the Registry prior to his or her death may |
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| 1 | | file a Registration Identification Form and an Information | 2 | | Exchange Authorization or a Denial of Information Exchange. | 3 | | (f) Any adopted person 21 years of age or over, any | 4 | | surrendered person
21 years of age or over, or any adoptive | 5 | | parent or legal guardian of an
adopted or surrendered person | 6 | | under the age of 21 may file with the Registry
a Registration | 7 | | Identification Form and an Information Exchange Authorization
| 8 | | or a Denial of Information Exchange.
| 9 | | (g) Any adult child or adult grandchild 21 years of age or | 10 | | over of a deceased adopted or surrendered person who has | 11 | | submitted a copy of his or her birth certificate naming an | 12 | | adopted or surrendered person as his or her biological parent | 13 | | as well as proof of death for the deceased adopted or | 14 | | surrendered person and such adopted or surrendered person did | 15 | | not file a Denial of Information Exchange with the Registry | 16 | | prior to his or her death may file a Registration | 17 | | Identification Form and an Information Exchange Authorization | 18 | | or a Denial of Information Exchange.
| 19 | | (h) Any surviving spouse of a deceased adopted or | 20 | | surrendered person 21 years of age or over who has submitted | 21 | | proof of death for the deceased adopted or surrendered person | 22 | | and such adopted or surrendered person did not file a Denial of | 23 | | Information Exchange with the Registry prior to his or her | 24 | | death as well as a birth certificate naming themselves and the | 25 | | adopted or surrendered person as the parents of a minor child | 26 | | under the age of 21 may file a Registration Identification Form |
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| 1 | | and an Information Exchange Authorization or a Denial of | 2 | | Information Exchange.
| 3 | | (i) Any adoptive parent or legal guardian of a deceased | 4 | | adopted or surrendered person who is 21 years of age or over | 5 | | who has submitted proof of death as well as proof of parentage | 6 | | or guardianship for the deceased adopted or surrendered person | 7 | | and such adopted or surrendered person did not file a Denial of | 8 | | Information Exchange with the Registry prior to his or her | 9 | | death may file a Registration Identification Form and an | 10 | | Information Exchange Authorization or a Denial of Information | 11 | | Exchange.
| 12 | | (j) The Department of Public Health shall supply to the | 13 | | adopted or
surrendered person or his or her adoptive parents, | 14 | | legal guardians, adult children, adult grandchildren, or | 15 | | surviving spouse, and
to the birth parents identifying | 16 | | information only if both the adopted or
surrendered person, or | 17 | | one of his or her adoptive parents, legal guardians, adult | 18 | | children, adult grandchildren, or his or her surviving spouse, | 19 | | and
the birth parents have filed with the Registry an | 20 | | Information Exchange
Authorization or a Birth Parent | 21 | | Preference Form on which Option A, B, or C was selected and the | 22 | | information at the Registry indicates that the
consenting | 23 | | adopted or surrendered person, the child of the consenting
| 24 | | adoptive parents or legal guardians, the parent of the | 25 | | consenting adult child of the adopted or surrendered person, or | 26 | | the deceased wife or husband of the consenting surviving spouse
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| 1 | | is the child of the consenting birth
parents, except | 2 | | identifying information that appears on a non-certified copy of | 3 | | an original birth certificate may be provided to an adult | 4 | | adopted or surrendered person or to the surviving adult child, | 5 | | adult grandchild, or surviving spouse of a deceased adopted or | 6 | | surrendered person pursuant to the procedures outlined in | 7 | | Section 18.1b(e) of this Act.
| 8 | | The Department of Public Health shall supply to adopted or | 9 | | surrendered
persons who are birth siblings identifying | 10 | | information only if both siblings
have filed with the Registry | 11 | | an Information Exchange Authorization and the
information at | 12 | | the Registry indicates that the consenting siblings have one
or | 13 | | both birth parents in common. Identifying information shall be | 14 | | supplied to
consenting birth siblings who were adopted or | 15 | | surrendered if any such sibling
is 21 years of age or over. | 16 | | Identifying information shall be supplied to
consenting birth | 17 | | siblings who were not adopted or surrendered if any such
| 18 | | sibling is 21 years of age or over and has proof of death of the | 19 | | common birth
parent and such birth parent did not file a Denial | 20 | | of Information Exchange or a Birth Parent Preference Form on | 21 | | which Option E was selected
with the Registry prior to his or | 22 | | her death.
| 23 | | (k) The Department of Public Health shall supply to the | 24 | | adopted or surrendered person or his or her adoptive parents, | 25 | | legal guardians, adult children, adult grandchildren, or | 26 | | surviving spouse, and to a birth aunt identifying information |
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| 1 | | only if both the adopted or surrendered person or one of his or | 2 | | her adoptive parents, legal guardians, adult children, adult | 3 | | grandchildren, or his or her surviving spouse, and the birth | 4 | | aunt have filed with the Registry an Information Exchange | 5 | | Authorization and the information at the Registry indicates | 6 | | that the consenting adopted or surrendered person, or the child | 7 | | of the consenting adoptive parents or legal guardians, or the | 8 | | parent of the consenting adult child, or the deceased wife or | 9 | | husband of the consenting surviving spouse of the adopted or | 10 | | surrendered person is or was the child of the brother or sister | 11 | | of the consenting birth aunt.
| 12 | | (k-5) The Department of Public Health shall supply to the
| 13 | | adopted or surrendered person and to a birth grandparent | 14 | | identifying information only if both the adopted or surrendered | 15 | | person and the birth
grandparent have filed with the Registry | 16 | | an Information Exchange
Authorization and the information at | 17 | | the Registry indicates
that the consenting adopted or | 18 | | surrendered person is or was the child of a deceased birth | 19 | | mother or birth father. | 20 | | (l) The Department of Public Health shall supply to the | 21 | | adopted or surrendered person or his or her adoptive parents, | 22 | | legal guardians, adult children, adult grandchildren, or | 23 | | surviving spouse, and to a birth uncle identifying information | 24 | | only if both the adopted or surrendered person or one of his or | 25 | | her adoptive parents, legal guardians, adult children, adult | 26 | | grandchildren, or his or her surviving spouse, and the birth |
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| 1 | | uncle have filed with the Registry an Information Exchange | 2 | | Authorization and the information at the Registry indicates | 3 | | that the consenting adopted or surrendered person, or the child | 4 | | of the consenting adoptive parents or legal guardians, or the | 5 | | parent of the consenting adult child, or the deceased wife or | 6 | | husband of the consenting surviving spouse of the adopted or | 7 | | surrendered person is or was the child of the brother or sister | 8 | | of the consenting birth uncle.
| 9 | | (m) A registrant
may notify the Registry of his or her
| 10 | | desire not to have identifying information revealed or may | 11 | | revoke any previously
filed Information Exchange Authorization | 12 | | by completing and filing with the
Registry a Registry | 13 | | Identification Form along with a Denial of Information
Exchange | 14 | | or, if applicable, a Birth Parent Preference Form. Any | 15 | | registrant, except a birth parent, may revoke his or her Denial | 16 | | of Information Exchange by filing
an Information Exchange | 17 | | Authorization. A birth parent may revoke a Denial of | 18 | | Information Exchange by filing a Birth Parent Preference Form. | 19 | | Any birth parent who has previously filed a Birth Parent | 20 | | Preference Form where Option E was selected may revoke such | 21 | | preference by filing a subsequent Birth Parent Preference Form | 22 | | and selecting Option A, B, C, or D. The Department of Public | 23 | | Health shall
act in accordance with the most recently filed | 24 | | affidavit.
| 25 | | (n) Identifying information ascertained from the Registry | 26 | | shall be
confidential and may be disclosed only (1) upon a |
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| 1 | | Court Order, which order
shall name the person or persons | 2 | | entitled to the information, or (2) to a registrant who is the | 3 | | subject of an Information Exchange
Authorization or, if | 4 | | applicable, a Birth Parent Preference Form that was completed | 5 | | by another registrant and filed with the Illinois Adoption | 6 | | Registry and Medical Information Exchange, or (3) as authorized | 7 | | under subsection (h) of Section 18.3 of
this Act, or (4) | 8 | | pursuant to the procedures outlined in Section 18.1b(e) of this | 9 | | Act. Any person who willfully provides unauthorized
disclosure | 10 | | of any information filed with the Registry or who knowingly or
| 11 | | intentionally files false information with the Registry shall | 12 | | be guilty of
a Class A misdemeanor and shall be liable for | 13 | | damages.
| 14 | | (o) If information is disclosed pursuant to this Act, the | 15 | | Department shall
redact it to remove any identifying | 16 | | information about any party who has not
consented to the | 17 | | disclosure of such identifying information, or, in the case of | 18 | | identifying information on the original birth certificate, | 19 | | pursuant to Section 18.1b(e) of this Act.
| 20 | | (Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15 .)
| 21 | | (750 ILCS 50/18.1a)
| 22 | | Sec. 18.1a. Registry matches.
| 23 | | (a) The Registry shall release identifying information, as | 24 | | specified on
the applicant's Information Exchange | 25 | | Authorization or, if applicable, a Birth Parent Preference |
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| 1 | | Form, to the following
mutually consenting registered parties
| 2 | | and provide them with any photographs or correspondence which | 3 | | have been placed in the
Adoption/Surrender Records File and
are | 4 | | specifically intended for the registered parties:
| 5 | | (i) an adult adopted or surrendered person and one of | 6 | | his or her birth
relatives who have both filed an | 7 | | applicable Information
Exchange Authorization or, if | 8 | | applicable, a Birth Parent Preference Form specifying the | 9 | | other consenting party with the Registry,
if
information | 10 | | available to the Registry
confirms that the consenting | 11 | | adopted or surrendered person is biologically related to | 12 | | the consenting birth relative;
| 13 | | (ii) the adoptive parent or legal guardian of an | 14 | | adopted or surrendered
person under the age of 21
and one | 15 | | of the adopted or surrendered person's birth relatives who
| 16 | | have both filed an Information Exchange Authorization | 17 | | specifying the other
consenting party, or, if applicable, a | 18 | | Birth Parent Preference Form, with the Registry, if
| 19 | | information available to the Registry confirms that the | 20 | | child of the consenting
adoptive parent or legal guardian | 21 | | is biologically related to the
consenting
birth relative; | 22 | | and
| 23 | | (iii) the adoptive parent, adult child, adult | 24 | | grandchild, birth grandparent, or surviving spouse of a | 25 | | deceased adopted or surrendered person, and one of the | 26 | | adopted or surrendered person's birth relatives who have |
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| 1 | | both filed an applicable Information Exchange | 2 | | Authorization specifying the other consenting party or, if | 3 | | applicable, a Birth Parent Preference Form, with the | 4 | | Registry, if information available to the Registry | 5 | | confirms that the child of the consenting adoptive parent, | 6 | | the parent of the consenting adult child or the deceased | 7 | | wife or husband of the consenting surviving spouse of the | 8 | | adopted or surrendered person was biologically related to | 9 | | the consenting birth relative.
| 10 | | (b) If a registrant is the subject of a Denial of
| 11 | | Information Exchange filed by another registered party or is an | 12 | | adopted or surrendered person, or the surviving relative of a | 13 | | deceased adopted or surrendered person, and a birth parent of | 14 | | the adopted or surrendered person completed a Birth Parent | 15 | | Preference Form and selected Option E, the Registry shall
not | 16 | | release identifying information to either registrant or, if | 17 | | applicable, to an adopted person who has requested a copy of | 18 | | his or her original birth certificate, with the exception of | 19 | | non-certified copies of the original birth certificate | 20 | | released under Section 18.1b(e), and as to a birth parent who | 21 | | has prohibited release of identifying information on the | 22 | | original birth certificate to the adult adopted or surrendered | 23 | | person, upon the death of said birth parent.
| 24 | | (c) If a registrant has completed a Medical Information | 25 | | Exchange
Questionnaire and has consented to its disclosure, | 26 | | that Questionnaire shall be
released to any registered party |
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| 1 | | who has indicated their desire to receive such
information on | 2 | | his or her Illinois Adoption Registry Application, if
| 3 | | information available to the Registry
confirms that the | 4 | | consenting parties are biologically related, that the | 5 | | consenting
birth relative and the child of the consenting | 6 | | adoptive parents or legal
guardians are birth relatives, or | 7 | | that the consenting birth relative and the deceased wife or | 8 | | husband of the consenting surviving spouse are birth relatives.
| 9 | | (Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15 .)
| 10 | | (750 ILCS 50/18.1b)
| 11 | | Sec. 18.1b. The Illinois Adoption Registry Application. | 12 | | The Illinois
Adoption Registry Application shall substantially | 13 | | include the following:
| 14 | | (a) General Information. The Illinois Adoption | 15 | | Registry
Application shall include the space to provide | 16 | | Information about the registrant
including his or her
| 17 | | surname, given name or names, social security number | 18 | | (optional), mailing
address, home telephone number, | 19 | | gender, date and place of birth, and the date
of | 20 | | registration. If applicable and known
to the registrant, he | 21 | | or she may include the maiden surname of the
birth mother, | 22 | | any subsequent surnames of the birth mother, the surname of | 23 | | the
birth father, the given name or names of the birth | 24 | | parents, the dates and
places of birth of the birth | 25 | | parents, the surname and given name or names of
the adopted |
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| 1 | | person prior to adoption, the gender and date and place of | 2 | | birth of
the adopted or surrendered person, the name of the | 3 | | adopted person following
his or her adoption and the state | 4 | | and county where the judgment of adoption was
finalized.
| 5 | | (b) Medical Information Exchange Questionnaire. In | 6 | | recognition of
the importance of medical information and of | 7 | | recent discoveries regarding the
genetic origin of many | 8 | | medical conditions and diseases all registrants shall be
| 9 | | asked to voluntarily complete a Medical
Information | 10 | | Exchange Questionnaire. The Medical Information Exchange | 11 | | Questionnaire shall include a comprehensive check-list of | 12 | | medical conditions and diseases including those of genetic | 13 | | origin.
| 14 | | (1) Birth relatives shall be asked to indicate all | 15 | | genetically-inherited diseases
and
conditions on this
| 16 | | list which are known to exist in the adopted or | 17 | | surrendered person's birth
family at the time of | 18 | | registration.
In addition, all birth relatives
shall | 19 | | be apprised of the Registry's provisions for | 20 | | voluntarily submitting
information about their and | 21 | | their family's medical
histories on a confidential, | 22 | | ongoing basis.
| 23 | | (2) Adopted and surrendered persons and their | 24 | | adoptive parents, legal
guardians, adult children, | 25 | | adult grandchildren, and surviving spouses shall be | 26 | | asked to indicate all
genetically-inherited diseases |
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| 1 | | and medical conditions with which the adopted or
| 2 | | surrendered person or, if applicable, his or her | 3 | | children have been diagnosed
since birth.
| 4 | | (3) The Medical Information Exchange Questionnaire
| 5 | | shall include a space where the registrant may | 6 | | authorize the release of the
Medical Information | 7 | | Exchange Questionnaire to specified registered parties | 8 | | and a
disclaimer
informing registrants that the | 9 | | Department of Public Health cannot guarantee the
| 10 | | accuracy of medical information exchanged through the | 11 | | Registry.
| 12 | | (c) Written statement. All registrants shall be given | 13 | | the
opportunity to voluntarily file a written statement | 14 | | with the Registry. This
statement
shall be submitted in the | 15 | | space provided.
No written statement submitted to the | 16 | | Registry
shall include identifying information pertaining | 17 | | to any person other than the
registrant who submitted it.
| 18 | | Any such identifying information shall be redacted by the | 19 | | Department or
returned for removal of identifying | 20 | | information.
| 21 | | (d) Exchange of information. All registrants except | 22 | | birth parents may indicate their
wishes regarding contact | 23 | | and the exchange of identifying and/or medical information | 24 | | with any other registrant by completing an
Information | 25 | | Exchange Authorization or a Denial of Information | 26 | | Exchange. Birth parents may indicate their wishes |
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| 1 | | regarding contact by filing a Birth Parent Preference Form | 2 | | pursuant to the procedures outlined in this Section.
| 3 | | (1) Information Exchange Authorization. Adopted or | 4 | | surrendered persons 21
years of age or over who are | 5 | | interested in exchanging identifying and/or medical | 6 | | information or would welcome contact with one or more | 7 | | of their
birth relatives;
birth siblings 21 years of | 8 | | age or over who were adopted or surrendered and who
are | 9 | | interested in exchanging identifying and/or medical | 10 | | information or would welcome contact with an adopted or | 11 | | surrendered person, or one or more of
his or her | 12 | | adoptive parents, legal guardians, adult children, | 13 | | adult grandchildren, or a surviving spouse; birth | 14 | | siblings 21 years of age
or
over who were not | 15 | | surrendered and who have submitted proof of death for | 16 | | any
common
birth parent
who did not file a Denial of | 17 | | Information Exchange or a Birth Parent Preference Form | 18 | | on which Option E was selected prior to his or her | 19 | | death,
and who are interested in exchanging | 20 | | identifying and/or medical information or would | 21 | | welcome contact with an adopted or surrendered person, | 22 | | or one or
more of his or her adoptive parents,
legal | 23 | | guardians, adult children, adult grandchildren, or a | 24 | | surviving spouse; birth aunts and birth uncles 21 years | 25 | | of age or over who have submitted birth certificates | 26 | | for themselves and a deceased birth parent naming at |
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| 1 | | least one common biological parent as well as proof of | 2 | | death for a deceased birth parent and who are | 3 | | interested in exchanging identifying and/or medical | 4 | | information or would welcome contact with an adopted or | 5 | | surrendered person 21 years of age or over, or one or | 6 | | more of his or her adoptive parents, legal guardians, | 7 | | adult children, adult grandchildren, or a surviving | 8 | | spouse; birth grandparents who have submitted birth | 9 | | certificates for themselves and a deceased birth | 10 | | parent as well as proof of death for a deceased birth | 11 | | parent and who are interested in exchanging | 12 | | identifying and/or medical information or would | 13 | | welcome contact with an adopted or surrendered person | 14 | | 21 years of age or over, or one or more of his or her | 15 | | adoptive parents, legal guardians, adult children, | 16 | | adult grandchildren, or a surviving spouse;
adoptive | 17 | | parents or
legal guardians of
adopted or surrendered | 18 | | persons under the age of 21 who are interested in | 19 | | exchanging identifying and/or medical information or | 20 | | would welcome
contact with one or more of the adopted | 21 | | or surrendered person's birth relatives; adoptive | 22 | | parents and legal guardians of deceased adopted or | 23 | | surrendered persons 21 years of age or over who have | 24 | | submitted proof of death for a deceased adopted or | 25 | | surrendered person who did not file a Denial of | 26 | | Information Exchange prior to his or her death and who |
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| 1 | | are interested in exchanging identifying and/or | 2 | | medical information or would welcome contact with one | 3 | | or more of the adopted or surrendered person's birth | 4 | | relatives; adult children of deceased adopted or | 5 | | surrendered persons who have submitted a birth | 6 | | certificate naming the adopted or surrendered person | 7 | | as their biological parent, and, in the case of adult | 8 | | grandchildren, their birth certificate and a birth | 9 | | certificate naming the adopted or surrendered person | 10 | | as their parent's biological parent, and proof of death | 11 | | for an adopted or surrendered person who did not file a | 12 | | Denial of Information Exchange prior to his or her | 13 | | death; and surviving spouses of deceased adopted or | 14 | | surrendered persons who have submitted a marriage | 15 | | certificate naming an adopted or surrendered person as | 16 | | their deceased wife or husband and proof of death for | 17 | | an adopted or surrendered person who did not file a | 18 | | Denial of Information Exchange prior to his or her | 19 | | death and who are interested in exchanging identifying | 20 | | and/or medical information or would welcome contact | 21 | | with one or more of the adopted or surrendered person's | 22 | | birth relatives may specify with whom they
wish to | 23 | | exchange identifying information by
filing an | 24 | | Information Exchange Authorization.
| 25 | | (2) Denial of Information Exchange. Adopted or | 26 | | surrendered persons 21
years of age or over who do not |
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| 1 | | wish to exchange identifying information or establish | 2 | | contact with one or
more of their birth relatives may | 3 | | specify
with whom they do not wish to exchange
| 4 | | identifying information or do not wish to establish | 5 | | contact by filing a Denial of
Information Exchange. | 6 | | Birth relatives other than birth parents who do not | 7 | | wish to
establish contact with an
adopted or | 8 | | surrendered person or one or more of his or her | 9 | | adoptive parents,
legal guardians, or adult children | 10 | | or adult grandchildren may specify with whom they do | 11 | | not wish to exchange identifying
information or do not | 12 | | wish to establish contact by filing a Denial of | 13 | | Information Exchange. Birth parents who wish to | 14 | | prohibit the release of their identifying information | 15 | | on the original birth certificate released to an adult | 16 | | adopted or surrendered person who was born after | 17 | | January 1, 1946, or to the surviving adult child, adult | 18 | | grandchild, or surviving spouse of a deceased adopted | 19 | | or surrendered person who was born after January 1, | 20 | | 1946, may do so by filing a Denial with the Registry on | 21 | | or before December 31, 2010. Adoptive parents or
legal | 22 | | guardians of adopted or surrendered persons under the | 23 | | age of 21 who do
not wish to establish contact with one | 24 | | or more of the adopted or
surrendered person's birth | 25 | | relatives may specify with whom they
do not wish to | 26 | | exchange identifying
information by filing a Denial of |
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| 1 | | Information Exchange. Adoptive parents, adult | 2 | | children, adult grandchildren, and surviving spouses | 3 | | of deceased adoptees who do not wish to exchange | 4 | | identifying information or establish contact with one | 5 | | or more of the adopted or surrendered person's birth | 6 | | relatives may specify with whom they do not wish to | 7 | | exchange identifying information or do not wish to | 8 | | establish contact by filing a Denial of Information | 9 | | Exchange.
| 10 | | (3) Birth Parent Preference Form. Beginning | 11 | | January 1, 2011, birth parents who are eligible to | 12 | | register with the Illinois Adoption Registry and | 13 | | Medical Information Exchange and whose birth child was | 14 | | born on or after January 1, 1946 may communicate their | 15 | | wishes regarding contact or may prohibit the release of | 16 | | identifying information on the non-certified copy of | 17 | | the original birth certificate released under | 18 | | subsection (e) of this Section by filing a Birth Parent | 19 | | Preference Form with the Registry. Birth parents whose | 20 | | birth child was born before January 1, 1946, may | 21 | | communicate their wishes regarding contact by | 22 | | completing a Birth Parent Preference Form, selecting | 23 | | Option A, B, C, or D, and filing the form with the | 24 | | Registry, but may not prohibit the release of | 25 | | identifying information. All Birth Parent Preference | 26 | | Forms on file with the Registry at the time of receipt |
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| 1 | | of a Request for a Non-Certified Copy of an Original | 2 | | Birth Certificate from an adult adopted or surrendered | 3 | | person or the surviving adult child, surviving adult | 4 | | grandchild, or surviving spouse of a deceased adopted | 5 | | or surrendered person shall be forwarded to the | 6 | | relevant adopted or surrendered person or surviving | 7 | | adult child, surviving adult grandchild, or surviving | 8 | | spouse of a deceased adopted or surrendered person | 9 | | along with a non-certified copy of the adopted or | 10 | | surrendered person's original birth certificate as | 11 | | outlined in subsection (e) of this Section. | 12 | | (e) Procedures for requesting a non-certified copy of | 13 | | an original birth certificate by an adult adopted or | 14 | | surrendered person or by a surviving adult child, adult | 15 | | grandchild, or surviving spouse of a deceased adopted or | 16 | | surrendered person: | 17 | | (1) On or after the effective date of this | 18 | | amendatory Act of the 96th General Assembly, any adult | 19 | | adopted or surrendered person who was born in Illinois | 20 | | prior to January 1, 1946, may complete and file with | 21 | | the Registry a Request for a Non-Certified Copy of an | 22 | | Original Birth Certificate. The Registry shall provide | 23 | | such adult adopted or surrendered person with an | 24 | | unaltered, non-certified copy of his or her original | 25 | | birth certificate upon receipt of the Request for a | 26 | | Non-Certified Copy of an Original Birth Certificate. |
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| 1 | | Additionally, in cases where an adopted or surrendered | 2 | | person born in Illinois prior to January 1, 1946, is | 3 | | deceased, and one of his or her surviving adult | 4 | | children, adult grandchildren, or his or her surviving | 5 | | spouse has registered with the Registry, he or she may | 6 | | complete and file with the Registry a Request for a | 7 | | Non-Certified Copy of an Original Birth Certificate. | 8 | | The Registry shall provide such surviving adult child, | 9 | | adult grandchild, or surviving spouse with an | 10 | | unaltered, non-certified copy of the adopted or | 11 | | surrendered person's original birth certificate upon | 12 | | receipt of the Request for a Non-Certified Copy of an | 13 | | Original Birth Certificate. | 14 | | (2) Beginning November 15, 2011, any adult adopted | 15 | | or surrendered person who was born in Illinois on or | 16 | | after January 1, 1946, may complete and file with the | 17 | | Registry a Request for a Non-certified Copy of an | 18 | | Original Birth Certificate. Additionally, in cases | 19 | | where the adopted or surrendered person is deceased and | 20 | | one of his or her surviving adult children, adult | 21 | | grandchildren, or his or her surviving spouse has | 22 | | registered with the Registry, he or she may complete | 23 | | and file with the Registry a Request for a | 24 | | Non-Certified Copy of an Original Birth Certificate.
| 25 | | Upon receipt of such request from an adult adopted or | 26 | | surrendered person or from one of his or her surviving |
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| 1 | | adult children, adult grandchildren, or his or her | 2 | | surviving spouse, the Registry shall: | 3 | | (i) Determine if there is a Denial of | 4 | | Information Exchange which was filed by a birth | 5 | | parent named on the original birth certificate | 6 | | prior to January 1, 2011. If a Denial was filed by | 7 | | a birth parent named on the original birth | 8 | | certificate prior to January 1, 2011, and there is | 9 | | no proof of death in the Registry file for the | 10 | | birth parent who filed said Denial, the Registry | 11 | | shall inform the requesting adult adopted or | 12 | | surrendered person or the requesting surviving | 13 | | adult child, adult grandchild, or surviving spouse | 14 | | of a deceased adopted or surrendered person that | 15 | | they may receive a non-certified copy of the | 16 | | original birth certificate from which all | 17 | | identifying information pertaining to the birth | 18 | | parent who filed the Denial has been redacted. A | 19 | | requesting adult adopted or surrendered person | 20 | | shall also be informed in writing of his or her | 21 | | right to petition the court for the appointment of | 22 | | a confidential intermediary pursuant to Section | 23 | | 18.3a of this Act and, if applicable, to conduct a | 24 | | search through an agency post-adoption search | 25 | | program once 5 years have elapsed since the birth | 26 | | parent filed the Denial of Information Exchange |
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| 1 | | with the Registry. | 2 | | (ii) Determine if a birth parent named on the | 3 | | original birth certificate has filed a Birth | 4 | | Parent Preference Form. If one of the birth parents | 5 | | named on the original birth certificate filed a | 6 | | Birth Parent Preference Form and selected Option | 7 | | A, B, C, or D, the Registry shall forward to the | 8 | | adult adopted or surrendered person or to the | 9 | | surviving adult child, adult grandchild, or | 10 | | surviving spouse of a deceased adopted or | 11 | | surrendered person a copy of the Birth Parent | 12 | | Preference Form along with an unaltered | 13 | | non-certified copy of his or her original birth | 14 | | certificate.
If one of the birth parents named on | 15 | | the original birth certificate filed a Birth | 16 | | Parent Preference Form and selected Option E, and | 17 | | there is no proof of death in the Registry file for | 18 | | the birth parent who filed said Birth Parent | 19 | | Preference Form, the Registry shall inform the | 20 | | requesting adult adopted or surrendered person or | 21 | | the requesting surviving adult child, adult | 22 | | grandchild, or surviving spouse of a deceased | 23 | | adopted or surrendered person that he or she may | 24 | | receive a non-certified copy of the original birth | 25 | | certificate from which identifying information | 26 | | pertaining to the birth parent who completed the |
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| 1 | | Birth Parent Preference Form has been redacted per | 2 | | the birth parent's specifications on the Form. The | 3 | | Registry shall forward to the adult adopted or | 4 | | surrendered person or to the surviving adult | 5 | | child, adult grandchild, or surviving spouse of a | 6 | | deceased adopted or surrendered person a copy of | 7 | | the Birth Parent Preference Form filed by the birth | 8 | | parent from which identifying information has been | 9 | | redacted per the birth parent's specifications on | 10 | | the Form. The requesting adult adopted or | 11 | | surrendered person shall also be informed in | 12 | | writing of his or her right to petition the court | 13 | | for the appointment of a confidential intermediary | 14 | | pursuant to Section 18.3a of this Act, and, if | 15 | | applicable, to conduct a search through an agency | 16 | | post-adoption search program once 5 years have | 17 | | elapsed since the birth parent filed the Birth | 18 | | Parent Preference Form, on which Option E was | 19 | | selected, with the Registry. | 20 | | (iii) Determine if a birth parent named on the | 21 | | original birth certificate has filed an | 22 | | Information Exchange Authorization. | 23 | | (iv) If the Registry has confirmed that a | 24 | | requesting adult adopted or surrendered person or | 25 | | the parent of a requesting adult child of a | 26 | | deceased adopted or surrendered person or the |
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| 1 | | husband or wife of a requesting surviving spouse | 2 | | was not the object of a Denial of Information | 3 | | Exchange filed by a birth parent on or before | 4 | | December 31, 2010, and that no birth parent named | 5 | | on the original birth certificate has filed a Birth | 6 | | Parent Preference Form where Option E was selected | 7 | | prior to the receipt of a Request for a | 8 | | Non-Certified Copy of an Original Birth | 9 | | Certificate, the Registry shall provide the adult | 10 | | adopted or surrendered person or his or her | 11 | | surviving adult child or surviving spouse with an | 12 | | unaltered non-certified copy of the adopted or | 13 | | surrendered person's original birth certificate. | 14 | | (3) In cases where the Registry receives a Birth | 15 | | Parent Preference Form from a birth parent subsequent | 16 | | to the release of the non-certified copy of the | 17 | | original birth certificate to an adult adopted or | 18 | | surrendered person or to the surviving adult child, | 19 | | adult grandchild, or surviving spouse of a deceased | 20 | | adopted or surrendered person, the Birth Parent | 21 | | Preference Form shall be immediately forwarded to the | 22 | | adult adopted or surrendered person or to the surviving | 23 | | adult child, adult grandchild, or surviving spouse of | 24 | | the deceased adopted or surrendered person and the | 25 | | birth parent who filed the form shall be informed that | 26 | | the relevant original birth certificate has already |
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| 1 | | been released. | 2 | | (4) A copy of the original birth certificate shall | 3 | | only be released to adopted or surrendered persons who | 4 | | were born in Illinois; to surviving adult children, | 5 | | adult grandchildren, or surviving spouses of deceased | 6 | | adopted or surrendered persons who were born in | 7 | | Illinois; or to 2 registered parties who have both | 8 | | consented to the release of a non-certified copy of the | 9 | | original birth certificate to one another through the | 10 | | Registry when the birth of the relevant adopted or | 11 | | surrendered person took place in Illinois. | 12 | | (5) In cases where the Registry receives a Request | 13 | | for a Non-Certified Copy of an Original Birth | 14 | | Certificate from an adult adopted or surrendered | 15 | | person who has not completed a Registry application and | 16 | | the file of that adopted or surrendered person includes | 17 | | an Information Exchange Authorization, Birth Parent | 18 | | Preference Form, or Medical Information Exchange | 19 | | Questionnaire from one or more of his or her birth | 20 | | relatives, the Registry shall so inform the adult | 21 | | adopted or surrendered person and forward Registry | 22 | | application forms to him or her along with a | 23 | | non-certified copy of the original birth certificate | 24 | | consistent with the procedures outlined in this | 25 | | subsection (e). | 26 | | (6) In cases where a birth parent registered with |
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| 1 | | the Registry and filed a Medical Information Exchange | 2 | | Questionnaire prior to the effective date of this | 3 | | amendatory Act of the 96th General Assembly but gave no | 4 | | indication as to his or her wishes regarding contact or | 5 | | the sharing of identifying information, the Registry | 6 | | shall contact the birth parent by written letter prior | 7 | | to January 1, 2011, and provide him or her with the | 8 | | opportunity to indicate his or her preference | 9 | | regarding contact and the sharing of identifying | 10 | | information by submitting a Birth Parent Preference | 11 | | Form to the Registry prior to November 1, 2011. | 12 | | (7) In cases where the Registry cannot locate a | 13 | | copy of the original birth certificate in the Registry | 14 | | file, they shall be authorized to request a copy of the | 15 | | original birth certificate from the Illinois county | 16 | | where the birth took place for placement in the | 17 | | Registry file. | 18 | | (8) Adopted and surrendered persons who wish to | 19 | | have their names placed with the Illinois Adoption | 20 | | Registry and Medical Information Exchange may do so by | 21 | | completing a Registry application at any time, but | 22 | | completing a Registry application shall not be | 23 | | required for adopted and surrendered persons who seek | 24 | | only to obtain a copy of their original birth | 25 | | certificate or any relevant Birth Parent Preference | 26 | | Forms through the Registry. |
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| 1 | | (9) In cases where a birth parent filed a Denial of | 2 | | Information Exchange with the Registry prior to | 3 | | January 1, 2011, or filed a Birth Parent Preference | 4 | | Form with the Registry and selected Option E after | 5 | | January 1, 2011, and a proof of death for the birth | 6 | | parent who filed the Denial or the Birth Parent | 7 | | Preference Form has been filed with the Registry by a | 8 | | confidential intermediary, a surviving relative of the | 9 | | deceased birth parent, or a birth child of the deceased | 10 | | birth parent, the Registry shall be authorized to | 11 | | release an unaltered non-certified copy of the | 12 | | original birth certificate to an adult adopted or | 13 | | surrendered person or to the surviving adult child, | 14 | | adult grandchild, or surviving spouse of a deceased | 15 | | adopted or surrendered person who has filed a Request | 16 | | for a Non-Certified Copy of the Original Birth | 17 | | Certificate with the Registry. | 18 | | (10) On and after the effective date of this | 19 | | amendatory Act of the 96th General Assembly, in cases | 20 | | where all birth parents named on the original birth | 21 | | certificate of an adopted or surrendered person born | 22 | | after January 1, 1946, are deceased and copies of death | 23 | | certificates for all birth parents named on the | 24 | | original birth certificate have been filed with the | 25 | | Registry by either a confidential intermediary, a | 26 | | surviving relative of the deceased birth parent, or a |
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| 1 | | birth child of the deceased birth parent, the Registry | 2 | | shall be authorized to release a non-certified copy of | 3 | | the original birth certificate to the adopted or | 4 | | surrendered person upon receipt of his or her Request | 5 | | for a Non-Certified Copy of an Original Birth | 6 | | Certificate. | 7 | | (f) A registrant may complete all or any part of the | 8 | | Illinois Adoption
Registry Application. All Illinois | 9 | | Adoption Registry Applications, Information
Exchange
| 10 | | Authorizations, Denials of Information Exchange, requests | 11 | | to revoke an
Information
Exchange Authorization or Denial | 12 | | of Information Exchange, Birth Parent Preference Forms, | 13 | | and affidavits
submitted
to the Registry shall be
| 14 | | accompanied by proof of identification.
| 15 | | (Source: P.A. 97-110, eff. 7-14-11; 97-333, eff. 8-12-11; | 16 | | 98-704, eff. 1-1-15 .)
| 17 | | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| 18 | | Sec. 18.2. Forms.
| 19 | | (a) The Department shall develop the Illinois Adoption | 20 | | Registry forms as provided in this Section. The General | 21 | | Assembly shall reexamine the content of the form as requested | 22 | | by the Department, in consultation with the Registry Advisory | 23 | | Council. The form of the Birth Parent Registration
| 24 | | Identification Form shall be substantially as follows:
| 25 | | BIRTH PARENT REGISTRATION IDENTIFICATION
|
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| 1 | | (Insert all known information)
| 2 | | I, ....., state that I am the ...... (mother or father) of the
| 3 | | following child:
| 4 | | Child's original name: ..... (first) ..... (middle) ..... | 5 | | (last),
..... (hour of birth), ..... (date of birth), | 6 | | ..... (city and state of
birth), ..... (name of | 7 | | hospital).
| 8 | | Father's full name: ...... (first) ...... (middle) ..... | 9 | | (last),
..... (date of birth), ..... (city and state of | 10 | | birth).
| 11 | | Name of mother inserted on birth certificate: ..... (first) | 12 | | .....
(middle) ..... (last), ..... (race), ..... (date | 13 | | of birth), ......
(city and state of birth).
| 14 | | That I surrendered my child to: ............. (name of agency), | 15 | | .....
(city and state of agency), ..... (approximate date | 16 | | child surrendered).
| 17 | | That I placed my child by private adoption: ..... (date),
| 18 | | ...... (city
and state).
| 19 | | Name of adoptive parents, if known: ......
| 20 | | Other identifying information: .....
| 21 | | ........................
| 22 | | (Signature of parent)
| 23 | | ............ ........................
| 24 | | (date) (printed name of parent)
| 25 | | (b) The form of the Adopted Person
Registration |
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| 1 | | Identification shall be substantially
as follows:
| 2 | | ADOPTED PERSON
| 3 | | REGISTRATION IDENTIFICATION
| 4 | | (Insert all known information)
| 5 | | I, ....., state the following:
| 6 | | Adopted Person's present name: ..... (first) ..... | 7 | | (middle)
..... (last).
| 8 | | Adopted Person's name at birth (if known): ..... (first)
| 9 | | ..... (middle) .....
(last), ..... (birth date), ..... | 10 | | (city and state of birth), ......
(sex), ..... (race).
| 11 | | Name of adoptive father: ..... (first) ..... (middle) ..... | 12 | | (last), .....
(race).
| 13 | | Maiden name of adoptive mother: ..... (first) ..... | 14 | | (middle) .....
(last), ..... (race).
| 15 | | Name of birth mother (if known): ..... (first) .....
| 16 | | (middle)
..... (last), ..... (race).
| 17 | | Name of birth father (if known): ..... (first) .....
| 18 | | (middle)
..... (last), ..... (race).
| 19 | | Name(s) at birth of sibling(s) having a common birth
parent | 20 | | with adoptee
(if known): ..... (first) ..... (middle) | 21 | | ..... (last), ..... (race), and name
of common birth | 22 | | parent: ..... (first) ..... (middle) .....
(last),
| 23 | | ..... (race).
| 24 | | I was adopted through: ..... (name of agency).
| 25 | | I was adopted privately: ..... (state "yes" if known).
| 26 | | I was adopted in ..... (city and state), ..... (approximate |
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| 1 | | date).
| 2 | | Other identifying information: .............
| 3 | | ......................
| 4 | | (signature of adoptee)
| 5 | | ........... .........................
| 6 | | (date) (printed name of adoptee)
| 7 | | (c) The form of the Surrendered Person Registration | 8 | | Identification shall be
substantially as follows:
| 9 | | SURRENDERED PERSON REGISTRATION
| 10 | | IDENTIFICATION
| 11 | | (Insert all known information)
| 12 | | I, ....., state the following:
| 13 | | Surrendered Person's present name: ..... (first) .....
| 14 | | (middle) ..... (last).
| 15 | | Surrendered Person's name at birth (if known): ..... | 16 | | (first)
.....
(middle) ..... (last), .....(birth | 17 | | date), ..... (city and state of
birth), ...... (sex), | 18 | | ..... (race).
| 19 | | Name of guardian father: ..... (first) ..... (middle) ..... | 20 | | (last), .....
(race).
| 21 | | Maiden name of guardian mother: ..... (first) ..... | 22 | | (middle) .....
(last), ..... (race).
| 23 | | Name of birth mother (if known): ..... (first) .....
| 24 | | (middle) .....
(last) ..... (race).
| 25 | | Name of birth father (if known): ..... (first) .....
|
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| 1 | | (middle) .....
(last), .....(race).
| 2 | | Name(s) at birth of sibling(s) having a common birth
parent | 3 | | with surrendered person
(if known): ..... (first) | 4 | | ..... (middle) ..... (last), ..... (race), and name
of | 5 | | common birth parent: ..... (first) ..... (middle) | 6 | | .....
(last),
..... (race).
| 7 | | I was surrendered for adoption to: ..... (name of agency).
| 8 | | I was surrendered for adoption in ..... (city and state), ..... | 9 | | (approximate
date).
| 10 | | Other identifying information: ............
| 11 | | ................................
| 12 | | (signature of surrendered person)
| 13 | | ............ ......................
| 14 | | (date) (printed name of person
| 15 | | surrendered for adoption)
| 16 | | (c-3) The form of the Registration Identification Form for | 17 | | Surviving Relatives of Deceased Birth Parents shall be | 18 | | substantially as follows:
| 19 | | REGISTRATION IDENTIFICATION FORM
| 20 | | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| 21 | | (Insert all known information)
| 22 | | I, ....., state the following:
| 23 | | Name of deceased birth parent at time of surrender:
| 24 | | Deceased birth parent's date of birth:
| 25 | | Deceased birth parent's date of death:
|
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| 1 | | Adopted or surrendered person's name at birth (if known): | 2 | | .....(first) ..... (middle) ..... (last), .....(birth | 3 | | date), ..... (city and state of birth), ...... (sex), | 4 | | ..... (race).
| 5 | | My relationship to the adopted or surrendered person (check | 6 | | one): (birth parent's non-surrendered child) (birth parent's | 7 | | parent) (birth parent's sister) (birth parent's brother).
| 8 | | If you are a non-surrendered child of the birth parent, provide | 9 | | name(s) at birth and age(s) of non-surrendered siblings having | 10 | | a common parent with the birth parent. If more than one | 11 | | sibling, please give information requested below on reverse | 12 | | side of this form. If you are a sibling or parent of the birth | 13 | | parent, provide name(s) at birth and age(s) of the sibling(s) | 14 | | of the birth parent. If more than one sibling, please give | 15 | | information requested below on reverse side of this form.
| 16 | | Name (First) ..... (middle) ..... (last), .....(birth | 17 | | date), ..... (city and state of birth), ...... (sex), | 18 | | ..... (race).
| 19 | | Name(s) of common parent(s) (first) ..... (middle) ..... | 20 | | (last), .....(race), (first) ..... (middle) ..... | 21 | | (last), .....(race).
| 22 | | My birth sibling/child of my brother/child of my sister/ was | 23 | | surrendered for adoption to ..... (name of agency) City and | 24 | | state of agency ..... Date .....(approximate) Other | 25 | | identifying information ..... (Please note that you must: (i) |
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| 1 | | be at least 21 years of age to register; (ii) submit with your | 2 | | registration a certified copy of the birth parent's birth | 3 | | certificate; (iii) submit a certified copy of the birth | 4 | | parent's death certificate; and (iv) if you are a | 5 | | non-surrendered birth sibling or a sibling of the deceased | 6 | | birth parent, also submit a certified copy of your birth | 7 | | certificate with this registration. No application from a | 8 | | surviving relative of a deceased birth parent can be accepted | 9 | | if the birth parent filed a Denial of Information Exchange | 10 | | prior to his or her death.)
| 11 | | ................................
| 12 | | (signature of birth parent's surviving relative)
| 13 | | ............ ............ | 14 | | (date) (printed name of birth | 15 | | parent's surviving relative) | 16 | | (c-5) The form of the Registration Identification Form for | 17 | | Surviving Relatives of Deceased Adopted or Surrendered Persons | 18 | | shall be substantially as follows:
| 19 | | REGISTRATION IDENTIFICATION FORM FOR
| 20 | | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| 21 | | (Insert all known information)
| 22 | | I, ....., state the following:
| 23 | | Adopted or surrendered person's name at birth (if known): | 24 | | (first) ..... (middle) ..... (last), .....(birth |
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| 1 | | date), ..... (city and state of birth), ...... (sex), | 2 | | ..... (race). | 3 | | Adopted or surrendered person's date of death:
| 4 | | My relationship to the deceased adopted or surrendered | 5 | | person(check one): (adoptive mother) (adoptive father) (adult | 6 | | child) (surviving spouse).
| 7 | | If you are an adult child or surviving spouse of the adopted or | 8 | | surrendered person, provide name(s) at birth and age(s) of the | 9 | | children of the adopted or surrendered person. If the adopted | 10 | | or surrendered person had more than one child, please give | 11 | | information 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).
| 18 | | My child/parent/deceased spouse was surrendered for | 19 | | adoption to .....(name of agency) City and state of agency | 20 | | ..... Date ..... (approximate) Other identifying | 21 | | information ..... (Please note that you must: (i) be at | 22 | | least 21 years of age to register; (ii) submit with your | 23 | | registration a certified copy of the adopted or surrendered | 24 | | person's death certificate; (iii) if you are the child of a | 25 | | deceased adopted or surrendered person, also submit a | 26 | | certified copy of your birth certificate with this |
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| 1 | | registration; and (iv) if you are the surviving wife or | 2 | | husband of a deceased adopted or surrendered person, also | 3 | | submit a copy of your marriage certificate with this | 4 | | registration. No application from a surviving relative of a | 5 | | deceased adopted or surrendered person can be accepted if | 6 | | the adopted or surrendered person filed a Denial of | 7 | | Information Exchange prior to his or her death.)
| 8 | | ................................
| 9 | | (signature of adopted or surrendered person's surviving
| 10 | | relative)
| 11 | | ............ ............ | 12 | | (date) (printed name of adopted
| 13 | | person's surviving relative)
| 14 | | (d) The form of the Information Exchange Authorization | 15 | | shall be
substantially
as follows:
| 16 | | INFORMATION EXCHANGE AUTHORIZATION
| 17 | | I, ....., state that I am the person who completed the | 18 | | Registration
Identification; that I am of the age of ..... | 19 | | years; that I hereby
authorize the Department of Public Health | 20 | | to give to the following person(s)
(birth mother)
(birth | 21 | | father) (birth sibling) (adopted or surrendered person) | 22 | | (adoptive mother) (adoptive father) (legal guardian of an | 23 | | adopted or surrendered person) (birth grandparent) (birth |
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| 1 | | aunt) (birth uncle) (adult child of a deceased adopted or | 2 | | surrendered person) (surviving spouse of a deceased adopted or | 3 | | surrendered person) (all eligible relatives) the following
| 4 | | (please check the
information
authorized for exchange):
| 5 | | [ ] 1. Only my name and last known address.
| 6 | | [ ] 2. A copy of my Illinois Adoption Registry | 7 | | Application.
| 8 | | [ ] 3. A non-certified copy of the adopted or | 9 | | surrendered person's original certificate of live birth | 10 | | (check only if you are an adopted or surrendered person or | 11 | | the surviving adult child or surviving spouse of a deceased | 12 | | adopted or surrendered person).
| 13 | | [ ] 4. A copy of my completed medical questionnaire.
| 14 | | I am fully aware that I can only be supplied with
| 15 | | information about an individual or individuals who have
duly
| 16 | | executed an Information Exchange Authorization that
has
not | 17 | | been revoked or, if I am an adopted or surrendered person, from | 18 | | a birth parent who completed a Birth Parent Preference Form and | 19 | | did not prohibit the release of his or her identity to me; that | 20 | | I can be contacted by writing to: ..... (own name or
name of | 21 | | person to contact) (address) (phone number).
| 22 | | NOTE: New IARMIE registrants who do not complete a Medical | 23 | | Information Exchange Questionnaire and release a copy of their | 24 | | questionnaire to at least one Registry applicant must pay a $15 | 25 | | registration fee. | 26 | | Dated (insert date).
|
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| 1 | | .............. | 2 | | (signature)
| 3 | | (e) The form of the Denial of Information Exchange shall be
| 4 | | substantially as follows:
| 5 | | DENIAL OF INFORMATION EXCHANGE
| 6 | | I, ....., state that I am the person who completed the | 7 | | Registration
Identification; that I am of the age of ..... | 8 | | years; that I hereby
instruct the Department of Public Health | 9 | | not to give any identifying
information about me to the | 10 | | following person(s)
(birth mother) (birth father) (birth | 11 | | sibling) (adopted or surrendered person) (adoptive mother) | 12 | | (adoptive father) (legal guardian of an adopted or surrendered | 13 | | person) (birth grandparent) (birth aunt) (birth uncle) (adult | 14 | | child of a deceased adopted or surrendered person) (surviving | 15 | | spouse of a deceased adopted or surrendered person) (all | 16 | | eligible relatives).
| 17 | | I do/do not (circle appropriate response) authorize the | 18 | | Registry to release a copy of my completed Medical Information | 19 | | Exchange Questionnaire to qualified Registry applicants.
NOTE: | 20 | | New IARMIE registrants who do not complete a Medical | 21 | | Information Exchange Questionnaire and release a copy of their | 22 | | questionnaire to at least one Registry applicant must pay a $15 | 23 | | registration fee.
Birth parents filing a Denial of Information | 24 | | Exchange are advised that, under Illinois law, an adult adopted | 25 | | person may initiate a search for a birth parent who has filed a |
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| 1 | | Denial of Information Exchange or Birth Parent Preference Form | 2 | | on which Option E was selected through the State confidential | 3 | | intermediary program once 5 years have elapsed since the filing | 4 | | of the Denial of Information Exchange or Birth Parent | 5 | | Preference Form.
| 6 | | Dated (insert date).
| 7 | | ............... | 8 | | (signature)
| 9 | | (f) The form of the Birth Parent Preference Form shall be | 10 | | substantially as follows: | 11 | | In recognition of the basic right of all persons to access | 12 | | their birth records, Illinois law now provides for the release | 13 | | of original birth certificates to adopted and surrendered | 14 | | persons 21 years of age or older upon request. While many birth | 15 | | parents are comfortable sharing their identities or initiating | 16 | | contact with their birth sons and daughters once they have | 17 | | reached adulthood, Illinois law also recognizes that there may | 18 | | be unique situations where a birth parent might have a | 19 | | compelling reason for not wishing to establish contact with a | 20 | | birth son or birth daughter or for not wishing to release | 21 | | identifying information that appears on the original birth | 22 | | certificate of a birth son or birth daughter who has reached | 23 | | adulthood. The Illinois Adoption Registry and Medical | 24 | | Information Exchange (IARMIE) has therefore established the | 25 | | attached form to allow birth parents to express their |
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| 1 | | preferences regarding contact; and, if their birth child was | 2 | | born on or after January 1, 1946, to express their wishes | 3 | | regarding the sharing of identifying information listed on the | 4 | | original birth certificate with an adult adopted or surrendered | 5 | | person who has reached the age of 21 or his or her surviving | 6 | | relatives. | 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 decision that | 12 | | may impact the adopted or surrendered person's life in many | 13 | | ways. A request for anonymity on this form only pertains to | 14 | | information that is provided to an adult adopted or surrendered | 15 | | person or his or her surviving relatives through the Registry. | 16 | | This will not prevent the disclosure of identifying information | 17 | | that may be available to the adoptee through his or her | 18 | | adoptive parents and/or other means available to him or her. | 19 | | Birth parents who would prefer not to be contacted by their | 20 | | surrendered son or daughter are strongly urged to complete both | 21 | | the Non-Identifying Information Section included on the final | 22 | | page of the attached form and the Medical Questionnaire in | 23 | | order to provide their surrendered son or daughter with the | 24 | | background information he or she may need to better understand | 25 | | his or her origins. Birth parents whose birth son or birth | 26 | | daughter is under 21 years of age at the time of the completion |
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| 1 | | of this form are reminded that no original birth certificate | 2 | | will be released by the IARMIE before an adoptee has reached | 3 | | the age of 21. Should you need additional assistance in | 4 | | completing this form, please contact the agency that handled | 5 | | the adoption, if applicable, or the Illinois Adoption Registry | 6 | | and Medical Information Exchange at 877-323-5299. | 7 | | After careful consideration, I have made the following | 8 | | decision regarding contact with my birth son/birth daughter, | 9 | | (insert birth son's/birth daughter's name at birth, if | 10 | | applicable) ......, who was born in (insert city/town of birth) | 11 | | ...... on (insert date of birth)...... and the release of my | 12 | | identifying information as it appears on his/her original birth | 13 | | certificate when he/she reaches the age of 21, and I have | 14 | | chosen Option ...... (insert A, B, C, D, or E, as applicable). | 15 | | I realize that this form must be accompanied by a completed | 16 | | IARMIE application form as well as a Medical Information | 17 | | Exchange Questionnaire or the $15 registration fee. I am also | 18 | | aware that I may revoke this decision at any time by completing | 19 | | a new Birth Parent Preference Form and filing it with the | 20 | | IARMIE. I understand that it is my responsibility to update the | 21 | | IARMIE with any changes to contact information provided below. | 22 | | I also understand that, while preferences regarding the release | 23 | | of identifying information through the Registry are binding | 24 | | unless the law should change in the future, any selection I | 25 | | have made regarding my preferred method of contact is not. | 26 | | ... |
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| 1 | | (Signature/Date) | 2 | | (Please insert your signature and today's date above, as well | 3 | | as under your chosen option, A, B, C, D, or E below.) | 4 | | Option A. My birth son or birth daughter was born on or after | 5 | | January 1, 1946, and I agree to the release of my identifying | 6 | | information as it appears on my birth son's/birth daughter's | 7 | | original birth certificate, OR my birth son or birth daughter | 8 | | was born prior to January 1, 1946. I would welcome direct | 9 | | contact with my birth son/birth daughter when he or she has | 10 | | reached the age of 21. In addition, before my birth son or | 11 | | birth daughter has reached the age of 21 or in the event of his | 12 | | or her death, I would welcome contact with the following | 13 | | relatives of my birth child (circle all that apply): adoptive | 14 | | mother, adoptive father, surviving spouse, surviving adult | 15 | | child. I wish to be contacted at the following mailing address, | 16 | | email address or phone number: | 17 | | .............................. | 18 | | ............................................................. | 19 | | ............................................................. | 20 | | ............................................................. | 21 | | (Signature/Date) | 22 | | Option B. My birth son or birth daughter was born on or after | 23 | | January 1, 1946, and I agree to the release of my identifying |
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| 1 | | information as it appears on my birth son's/birth daughter's | 2 | | original birth certificate, OR my birth son or birth daughter | 3 | | was born prior to January 1, 1946. I would welcome contact with | 4 | | my birth son/birth daughter when he or she has reached the age | 5 | | of 21. In addition, before my birth son or birth daughter has | 6 | | reached the age of 21 or in the event of his or her death, I | 7 | | would welcome contact with the following relatives of my birth | 8 | | child (circle all that apply): adoptive mother, adoptive | 9 | | father, surviving spouse, surviving adult child. I would prefer | 10 | | to be contacted through the following person. (Insert name and | 11 | | mailing address, email address or phone number of chosen | 12 | | contact person.) | 13 | | ............................................ | 14 | | ............................................................. | 15 | | (Signature/Date) | 16 | | Option C. My birth son or birth daughter was born on or after | 17 | | January 1, 1946, and I agree to the release of my identifying | 18 | | information as it appears on my birth son's/birth daughter's | 19 | | original birth certificate, OR my birth son or birth daughter | 20 | | was born prior to January 1, 1946. I would welcome contact with | 21 | | my birth son/birth daughter when he or she has reached the age | 22 | | of 21. In addition, before my birth son or birth daughter has | 23 | | reached the age of 21 or in the event of his or her death, I | 24 | | would welcome contact with the following relatives of my birth | 25 | | child (circle all that apply): adoptive mother, adoptive |
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| 1 | | father, surviving spouse, surviving adult child. I would prefer | 2 | | to be contacted through the Illinois Confidential Intermediary | 3 | | Program (please call 800-526-9022 for additional information) | 4 | | or through the agency that handled the adoption. (Insert agency | 5 | | name, address and phone number, if applicable.) | 6 | | ............. | 7 | | ............................................................. | 8 | | (Signature/Date) | 9 | | Option D. My birth son or birth daughter was born on or after | 10 | | January 1, 1946, and I agree to the release of my identifying | 11 | | information as it appears on my birth son's/birth daughter's | 12 | | original birth certificate when he or she has reached the age | 13 | | of 21, OR my birth son or birth daughter was born prior to | 14 | | January 1, 1946. I would prefer not to be contacted by my birth | 15 | | son/birth daughter or his or her adoptive parents or surviving | 16 | | relatives. | 17 | | ................................................... | 18 | | (Signature/Date) | 19 | | Option E. My birth son or birth daughter was born on or after | 20 | | January 1, 1946, and I wish to prohibit the release of my | 21 | | (circle ALL applicable options) first name, last name, last | 22 | | known address, birth son/birth daughter's last name (if last | 23 | | name listed is same as mine), as they appear on my birth | 24 | | son's/birth daughter's original birth certificate and do not |
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| 1 | | wish to be contacted by my birth son/birth daughter when he or | 2 | | she has reached the age of 21. If there were any special | 3 | | circumstances that played a role in your decision to remain | 4 | | anonymous which you would like to share with your birth | 5 | | son/birth daughter, please list them in the space provided | 6 | | below (optional). | 7 | | ........................................... | 8 | | ............................................................. | 9 | | I understand that, although I have chosen to prohibit the | 10 | | release of my identity on the non-certified copy of the | 11 | | original birth certificate released to my birth son/birth | 12 | | daughter, he or she may request that a court-appointed | 13 | | confidential intermediary contact me to request updated | 14 | | medical information and/or confirm my desire to remain | 15 | | anonymous once 5 years have elapsed since the signing of this | 16 | | form; at the time of this subsequent search, I wish to be | 17 | | contacted through the person named below. (Insert in blank area | 18 | | below the name and phone number of the contact person, or leave | 19 | | it blank if you wish to be contacted directly.) I also | 20 | | understand that this request for anonymity shall expire upon my | 21 | | death. | 22 | | ...................................................... | 23 | | ............................................................. | 24 | | (Signature/Date) | 25 | | NOTE: A copy of this form will be forwarded to your birth son |
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| 1 | | or birth daughter should he or she file a request for his or | 2 | | her original birth certificate with the IARMIE. However, if you | 3 | | have selected Option E, identifying information, per your | 4 | | specifications above, will be deleted from the copy of this | 5 | | form forwarded to your birth son or daughter during your | 6 | | lifetime. In the event that an adopted or surrendered person is | 7 | | deceased, his or her surviving adult children may request a | 8 | | copy of the adopted or surrendered person's original birth | 9 | | certificate providing they have registered with the IARMIE; the | 10 | | copy of this form and the non-certified copy of the original | 11 | | birth certificate forwarded to the surviving child of the | 12 | | adopted or surrendered person shall be redacted per your | 13 | | specifications on this form during your lifetime. | 14 | | Non-Identifying Information Section
| 15 | | I wish to voluntarily provide the following non-identifying | 16 | | information to my birth son or birth daughter:
| 17 | | My age at the time of my child's birth was .........
| 18 | | My race is best described as: .......................... | 19 | | My height is: ......... | 20 | | My body type is best described as (circle one): slim, average, | 21 | | muscular, a few extra pounds, or more than a few extra pounds.
| 22 | | My natural hair color is/was: .................. | 23 | | My eye color is: .................. | 24 | | My religion is best described as: ..................
| 25 | | My ethnic background is best described as: ..................
| 26 | | My educational level is closest to (circle applicable |
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| 1 | | response): completed elementary school, graduated from | 2 | | high school, attended college, earned bachelor's degree, | 3 | | earned master's degree, earned doctoral degree.
| 4 | | My occupation is best described as .................. | 5 | | My hobbies include .................. | 6 | | My interests include .................. | 7 | | My talents include .................. | 8 | | In addition to my surrendered son or daughter, I also | 9 | | am the biological parent of (insert number) ....... boys and | 10 | | (insert number) ....... girls, of whom (insert number) ....... | 11 | | are still living.
| 12 | | The relationship between me and my child's birth mother/birth | 13 | | father would best be described as (circle appropriate | 14 | | response): husband and wife, ex-spouses, boyfriend and | 15 | | girlfriend, casual acquaintances, other (please specify) | 16 | | .............. | 17 | | (g) The form of the Request for a Non-Certified Copy of an | 18 | | Original Birth Certificate shall be substantially as follows: | 19 | | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | 20 | | CERTIFICATE | 21 | | I, (requesting party's full name) ....., hereby request a | 22 | | non-certified copy of (check appropriate option) ..... my | 23 | | original birth certificate ..... the original birth | 24 | | certificate of my deceased adopted or surrendered parent ..... | 25 | | the original birth certificate of my deceased adopted or | 26 | | surrendered spouse (insert deceased parent's/deceased spouse's |
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| 1 | | name at adoption) ...... I/my deceased parent/my deceased | 2 | | spouse was born in (insert city and county of adopted or | 3 | | surrendered person's birth) ..... on ..... (insert adopted or | 4 | | surrendered person's date of birth). In the event that one or | 5 | | both of my/my deceased parent's/my deceased spouse's birth | 6 | | parents has requested that their identity not be released to | 7 | | me/to my deceased parent/to my deceased spouse, I wish to | 8 | | (check appropriate option) ..... a. receive a non-certified | 9 | | copy of the original birth certificate from which identifying | 10 | | information pertaining to the birth parent who requested | 11 | | anonymity has been deleted; or ..... b. I do not wish to | 12 | | receive received an altered copy of the original birth | 13 | | certificate. | 14 | | Dated (insert date). | 15 | | ................... | 16 | | (signature)
| 17 | | (h) Any Information Exchange Authorization, Denial of | 18 | | Information
Exchange, or Birth Parent Preference Form filed | 19 | | with the Registry, or Request for a Non-Certified Copy of an | 20 | | Original Birth Certificate filed with the Registry by a | 21 | | surviving adult child or surviving spouse of a deceased adopted | 22 | | or surrendered person, shall be acknowledged by the person who | 23 | | filed it before a notary
public, in form
substantially as | 24 | | follows:
| 25 | | State of ..............
|
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| 1 | | County of .............
| 2 | | I, a Notary Public, in and for the said County, in the | 3 | | State aforesaid,
do hereby certify that ............... | 4 | | personally known to me to be the
same person whose name is | 5 | | subscribed to the foregoing certificate of
acknowledgement, | 6 | | appeared before me in person and acknowledged that (he or
she) | 7 | | signed such certificate as (his or her) free and voluntary act | 8 | | and
that the statements in such certificate are true.
| 9 | | Given under my hand and notarial seal on (insert date).
| 10 | | .........................
| 11 | | (signature)
| 12 | | (i) When the execution of an Information Exchange
| 13 | | Authorization, Denial of Information Exchange, or Birth Parent | 14 | | Preference Form or Request for a Non-Certified Copy of an | 15 | | Original Birth Certificate completed by a surviving adult child | 16 | | or surviving spouse of a deceased adopted or surrendered person | 17 | | is acknowledged before a
representative of an agency, such | 18 | | representative shall have his signature
on said Certificate | 19 | | acknowledged before a notary public, in form substantially
as | 20 | | follows:
| 21 | | State of..........
| 22 | | County of.........
| 23 | | I, a Notary Public, in and for the said County, in the | 24 | | State aforesaid,
do hereby certify that ..... personally known | 25 | | to me to be the same person
whose name is subscribed to the |
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| 1 | | foregoing certificate of acknowledgement,
appeared before me | 2 | | in person and acknowledged that (he or she) signed such
| 3 | | certificate as (his or her) free and voluntary act and that the | 4 | | statements
in such certificate are true.
| 5 | | Given under my hand and notarial seal on (insert date).
| 6 | | .......................
| 7 | | (signature)
| 8 | | (j) When an Illinois Adoption Registry Application,
| 9 | | Information
Exchange Authorization, Denial of
Information | 10 | | Exchange, Birth Parent Preference Form, or Request for a | 11 | | Non-Certified Copy of an Original Birth Certificate completed | 12 | | by a surviving adult child or surviving spouse of a deceased | 13 | | adopted or surrendered person is executed in a foreign country, | 14 | | the
execution of such
document shall be acknowledged or | 15 | | affirmed before an officer of the United
States consular | 16 | | services.
| 17 | | (k) If the person signing an Information Exchange
| 18 | | Authorization, Denial of Information, Birth Parent Preference | 19 | | Form, or Request for a Non-Certified Copy of an Original Birth | 20 | | Certificate completed by a surviving adult child or surviving | 21 | | spouse of a deceased adopted or surrendered person is in the | 22 | | military service of the
United States, the execution of such | 23 | | document may be acknowledged before a
commissioned officer and | 24 | | the signature of such officer on such certificate
shall be | 25 | | verified or acknowledged before a notary public or by such |
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| 1 | | other
procedure as is then in effect for such division or | 2 | | branch of the armed forces.
| 3 | | (l) An adopted or surrendered person, surviving adult | 4 | | child, adult grandchild, surviving spouse, or birth parent of | 5 | | an adult adopted person who completes a Request For a | 6 | | Non-Certified Copy of the Original Birth Certificate shall meet | 7 | | the same filing requirements and pay the same filing fees as a | 8 | | non-adopted person seeking to obtain a copy of his or her | 9 | | original birth certificate.
| 10 | | (m) Beginning on January 1, 2015, any birth parent of an | 11 | | adult adopted person named on the original birth certificate | 12 | | may request a non-certified copy of the original birth | 13 | | certificate reflecting the birth of the adult adopted person, | 14 | | provided that: | 15 | | (1) any non-certified copy of the original birth | 16 | | certificate released under this subsection (m) shall not | 17 | | reflect the State file number on the original birth | 18 | | certificate; and | 19 | | (2) if the Department of Public Health does not locate | 20 | | the original birth certificate, it shall issue a | 21 | | certification of no record found. | 22 | | (Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15; | 23 | | revised 12-10-14.)
| 24 | | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| 25 | | Sec. 18.3a. Confidential intermediary.
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| 1 | | (a) General purposes.
Notwithstanding any other provision | 2 | | of
this Act, | 3 | | (1) any
adopted or surrendered person 21 years of age | 4 | | or over; or | 5 | | (2) any adoptive parent or legal guardian
of
an adopted | 6 | | or surrendered person under the age of 21; or | 7 | | (3) any birth parent of an adopted
or surrendered | 8 | | person who is 21 years of age or over; or | 9 | | (4) any adult child or adult grandchild of a deceased | 10 | | adopted or surrendered person; or | 11 | | (5) any adoptive parent or surviving spouse of a | 12 | | deceased adopted or surrendered person; or | 13 | | (6) any adult birth sibling of the adult adopted or | 14 | | surrendered person unless the birth parent has checked | 15 | | Option E on the Birth Parent Preference Form or has filed a | 16 | | Denial of Information Exchange with the Registry and is not | 17 | | deceased; or | 18 | | (7) any adult adopted birth sibling of an adult adopted | 19 | | or surrendered person; or | 20 | | (8) any adult birth sibling of the birth parent if the | 21 | | birth parent is deceased ; or | 22 | | (9) any birth grandparent | 23 | | may petition the court in any county in
the
State of Illinois | 24 | | for appointment of a confidential intermediary as provided in
| 25 | | this Section for the purpose of exchanging medical information | 26 | | with one or
more mutually consenting biological relatives, |
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| 1 | | obtaining identifying
information about one or more mutually | 2 | | consenting biological relatives, or
arranging contact with one | 3 | | or more mutually consenting biological relatives.
The | 4 | | petitioner shall be required to accompany his or her petition | 5 | | with proof of registration with the Illinois Adoption Registry | 6 | | and Medical Information Exchange.
| 7 | | (b) Petition. Upon petition, the
court
shall appoint a | 8 | | confidential intermediary.
The petition shall indicate if the | 9 | | petitioner wants to do any
one or more of the following as to | 10 | | the sought-after relative or relatives: exchange medical | 11 | | information with the
biological relative or relatives, obtain | 12 | | identifying information from the
biological relative or | 13 | | relatives, or to arrange contact with the biological
relative.
| 14 | | (c) Order. The order appointing the confidential | 15 | | intermediary shall allow
that
intermediary to conduct a search | 16 | | for the sought-after relative by accessing
those records | 17 | | described in subsection (g) of this Section.
| 18 | | (d) Fees and expenses. The court shall not condition the | 19 | | appointment of the
confidential intermediary on the payment of | 20 | | the intermediary's
fees and expenses in advance of the | 21 | | commencement of the work of the
confidential intermediary. No | 22 | | fee shall be charged to any petitioner.
| 23 | | (e) Eligibility of intermediary. The court may appoint as | 24 | | confidential
intermediary any
person certified by the | 25 | | Department of Children and Family Services as qualified to | 26 | | serve as a confidential
intermediary.
Certification shall be |
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| 1 | | dependent upon the
confidential intermediary completing a | 2 | | course of training including, but not
limited to, applicable | 3 | | federal and State privacy laws.
| 4 | | (f) (Blank).
| 5 | | (g) Confidential intermediary access to information. | 6 | | Subject to the limitations of subsection (i) of this
Section, | 7 | | the
confidential
intermediary shall have access to vital | 8 | | records maintained by the Department of
Public Health and its | 9 | | local designees for the maintenance of vital records, or a | 10 | | comparable public entity that maintains vital records in | 11 | | another state in accordance with that state's laws, and
all | 12 | | records of the court or any adoption agency,
public
or private, | 13 | | as limited in this Section, which relate to the adoption or the | 14 | | identity and location of an
adopted or surrendered person, of | 15 | | an adult child or surviving spouse of a deceased adopted or | 16 | | surrendered person, or of a birth
parent, birth sibling, or the | 17 | | sibling of a deceased birth parent. The
confidential | 18 | | intermediary shall not have access to any personal health
| 19 | | information protected by the Standards for Privacy of | 20 | | Individually
Identifiable Health Information adopted by the | 21 | | U.S. Department of Health and
Human Services under the Health | 22 | | Insurance Portability and Accountability Act of
1996 unless the | 23 | | confidential intermediary has obtained written consent from | 24 | | the
person whose information is being sought by an adult | 25 | | adopted or surrendered person or, if that person is a minor | 26 | | child,
that person's parent or guardian. Confidential
|
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| 1 | | intermediaries shall be authorized to inspect confidential | 2 | | relinquishment and
adoption records. The confidential | 3 | | intermediary shall not be authorized to
access medical
records, | 4 | | financial records, credit records, banking records, home | 5 | | studies,
attorney file records, or other personal records.
In | 6 | | cases where a birth parent is being sought, an adoption agency | 7 | | shall inform
the confidential intermediary of any statement | 8 | | filed pursuant to Section 18.3, hereinafter referred to as "the | 9 | | 18.3 statement",
indicating a desire of the surrendering birth | 10 | | parent to have identifying
information shared or to not have | 11 | | identifying information shared. Information
provided to the | 12 | | confidential intermediary by an adoption agency shall be
| 13 | | restricted to the full name, date of birth, place of birth, | 14 | | last known address,
last known telephone number of the | 15 | | sought-after relative or, if applicable,
of the children or | 16 | | siblings of the sought-after relative, and the 18.3 statement. | 17 | | If the petitioner is an adult adopted or surrendered person or | 18 | | the adoptive parent of a minor and if the petitioner has signed | 19 | | a written authorization to disclose personal medical | 20 | | information, an adoption agency disclosing information to a | 21 | | confidential intermediary shall disclose available medical | 22 | | information about the adopted or surrendered person from birth | 23 | | through adoption.
| 24 | | (h) Missing or lost original birth certificate; remedy. | 25 | | Disclosure of information by the confidential intermediary | 26 | | shall be consistent with the public policy and intent of laws |
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| 1 | | granting original birth certificate access as expressed in | 2 | | Section 18.04 of this Act. The confidential intermediary shall | 3 | | comply with the following procedures in disclosing information | 4 | | to the petitioners: | 5 | | (1) If the petitioner is an adult adopted or | 6 | | surrendered person, or the adult child, adult grandchild, | 7 | | or surviving spouse of a deceased adopted or surrendered | 8 | | person, the confidential intermediary shall disclose: | 9 | | (A) identifying information about the birth parent | 10 | | of the adopted person which, in the ordinary course of | 11 | | business, would have been reflected on the original | 12 | | filed certificate of birth, as of the date of birth, | 13 | | only if: | 14 | | (i) the adopted person was born before January | 15 | | 1, 1946 and the petitioner has requested a | 16 | | non-certified copy of the adopted person's | 17 | | original birth certificate under Section 18.1 of | 18 | | this Act, and the Illinois Department of Public | 19 | | Health has issued a certification that the | 20 | | original birth certificate was not found, or the | 21 | | petitioner has presented the confidential | 22 | | intermediary with the non-certified copy of the | 23 | | original birth certificate which omits the name of | 24 | | the birth parent; | 25 | | (ii) the adopted person was born after January | 26 | | 1, 1946, and the petitioner has requested a |
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| 1 | | non-certified copy of the adopted person's | 2 | | original birth certificate under Section 18.1 of | 3 | | this Act and the Illinois Department of Public | 4 | | Health has issued a certification that the | 5 | | original birth certificate was not found. | 6 | | In providing information pursuant to this | 7 | | subdivision (h)(1)(A), the confidential intermediary | 8 | | shall expressly inform the petitioner in writing that | 9 | | since the identifying information is not from an | 10 | | official original certificate of birth filed pursuant | 11 | | to the Vital Records Act, the confidential | 12 | | intermediary cannot attest to the complete accuracy of | 13 | | the information and the confidential intermediary | 14 | | shall not be liable if the information disclosed is not | 15 | | accurate. Only information from the court files shall | 16 | | be provided to the petitioner in this Section. If the | 17 | | identifying information concerning a birth father is | 18 | | sought by the petitioner, the confidential | 19 | | intermediary shall disclose only the identifying | 20 | | information of the birth father as defined in Section | 21 | | 18.06 of this Act; | 22 | | (B) the name of the child welfare agency which had | 23 | | legal custody of the surrendered person or | 24 | | responsibility for placing the surrendered person and | 25 | | any available contact information for such agency; | 26 | | (C) the name of the state in which the surrender |
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| 1 | | occurred or in which the adoption was finalized; and | 2 | | (D) any information for which the sought-after | 3 | | relative has provided his or her consent to disclose | 4 | | under paragraphs (1) through (4) of subsection (i) of | 5 | | this Section. | 6 | | (2) If the petitioner is an adult adopted or | 7 | | surrendered person, or the adoptive parent of an adult | 8 | | adopted or surrendered person under the age of 21, or the | 9 | | adoptive parent of a deceased adopted or surrendered | 10 | | person, the confidential intermediary shall provide, in | 11 | | addition to the information listed in paragraph (1) of this | 12 | | subsection (h): | 13 | | (A) any information which the adoption agency | 14 | | provides pursuant to subsection (i) of this Section | 15 | | pertaining to medical information about the adopted or | 16 | | surrendered person; and | 17 | | (B) any non-identifying information, as defined in | 18 | | Section 18.4 of this Act, that is obtained during the | 19 | | search. | 20 | | (3) If the petitioner is not defined in paragraph (1) | 21 | | or (2) of this subsection, the confidential intermediary | 22 | | shall provide to the petitioner: | 23 | | (A) any information for which the sought-after | 24 | | relative has provided his or her consent under | 25 | | paragraphs (1) through (4) of subsection (i) of this | 26 | | Section; |
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| 1 | | (B) the name of the child welfare agency which had | 2 | | legal custody of the surrendered person or | 3 | | responsibility for placing the surrendered person and | 4 | | any available contact information for such agency; and | 5 | | (C) the name of the state in which the surrender | 6 | | occurred or in which the adoption was finalized.
| 7 | | (h-5) Disclosure of information shall be made by the | 8 | | confidential intermediary at any time from the appointment of | 9 | | the confidential intermediary and the court's issuance of an | 10 | | order of dismissal. | 11 | | (i) Duties of confidential intermediary in conducting a | 12 | | search. In
conducting
a search under this Section, the | 13 | | confidential intermediary shall first determine whether there | 14 | | is a Denial of Information Exchange or a Birth Parent | 15 | | Preference Form with Option E selected or an 18.3 statement | 16 | | referenced in subsection (g) of this Section on file with the | 17 | | Illinois
Adoption Registry. If there is a denial, the Birth | 18 | | Parent Preference Form on file with the Registry and the birth | 19 | | parent who completed the form selected Option E, or if there is | 20 | | an 18.3 statement indicating the birth parent's intent not to | 21 | | have identifying information shared and the birth parent did | 22 | | not later file an Information Exchange Authorization with the | 23 | | Registry, the confidential intermediary must discontinue the | 24 | | search unless 5 years or more have elapsed since the execution | 25 | | of the Denial of Information Exchange, Birth Parent Preference | 26 | | Form, or the 18.3 statement. If a birth parent was previously |
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| 1 | | the subject of a search through the State confidential | 2 | | intermediary program, the confidential intermediary shall | 3 | | inform the petitioner of the need to discontinue the search | 4 | | until 10 years or more have elapsed since the initial search | 5 | | was closed. In cases where a birth parent has been the object | 6 | | of 2 searches through the State confidential intermediary | 7 | | program, no subsequent search for the birth parent shall be | 8 | | authorized absent a court order to the contrary.
| 9 | | In conducting a search under this Section, the confidential | 10 | | intermediary
shall attempt to locate the relative or relatives | 11 | | from whom the petitioner has
requested information. If the | 12 | | sought-after relative is deceased
or cannot be located after a | 13 | | diligent search, the
confidential intermediary may contact | 14 | | other adult relatives of the
sought-after relative.
| 15 | | The confidential intermediary shall contact a sought-after | 16 | | relative on
behalf of the petitioner in a manner that respects | 17 | | the sought-after relative's
privacy and shall inform the | 18 | | sought-after relative of the petitioner's request
for medical | 19 | | information, identifying information or contact as stated in | 20 | | the
petition. Based upon the terms of the petitioner's request, | 21 | | the confidential
intermediary shall contact a sought-after | 22 | | relative on behalf of the petitioner
and inform the | 23 | | sought-after relative of the following options:
| 24 | | (1) The sought-after relative may totally reject one or | 25 | | all of the
requests for medical information, identifying | 26 | | information or
contact. The sought-after relative shall be |
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| 1 | | informed that they can
provide a medical questionnaire to | 2 | | be forwarded to the petitioner
without releasing any | 3 | | identifying information. The confidential
intermediary | 4 | | shall inform the petitioner of the sought-after
relative's | 5 | | decision to reject the sharing of information or contact.
| 6 | | (2) The sought-after relative may consent to | 7 | | completing a medical
questionnaire only. In this case, the | 8 | | confidential intermediary
shall provide the questionnaire | 9 | | and ask the sought-after relative to
complete it. The | 10 | | confidential intermediary shall forward the
completed | 11 | | questionnaire to the petitioner and inform the petitioner
| 12 | | of the sought-after relative's desire to not provide any | 13 | | additional
information.
| 14 | | (3) The sought-after relative may communicate with the | 15 | | petitioner
without having his or her identity disclosed. In | 16 | | this case, the
confidential intermediary shall arrange the | 17 | | desired communication
in a manner that protects the | 18 | | identity of the sought-after relative.
The confidential | 19 | | intermediary shall inform the petitioner of the
| 20 | | sought-after relative's decision to communicate but not | 21 | | disclose
his or her identity.
| 22 | | (4) The sought-after relative may consent to initiate | 23 | | contact with the
petitioner. The confidential intermediary
| 24 | | shall obtain written consents from both parties that they | 25 | | wish to
disclose their identities to each other and to have | 26 | | contact with
each other.
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| 1 | | (j) Oath. The confidential intermediary shall sign an oath | 2 | | of
confidentiality substantially as follows: "I, .........., | 3 | | being duly sworn, on
oath depose and say: As a condition of | 4 | | appointment as a confidential
intermediary, I affirm that:
| 5 | | (1) I will not disclose to the petitioner,
directly or | 6 | | indirectly, any confidential information
except in a | 7 | | manner consistent with the
law.
| 8 | | (2) I recognize that violation of this oath subjects me | 9 | | to civil liability
and to a potential finding of contempt | 10 | | of court.
................................
| 11 | | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| 12 | | date)
| 13 | | ................................."
| 14 | | (k) Sanctions.
| 15 | | (1) Any confidential intermediary who improperly | 16 | | discloses
confidential information identifying a | 17 | | sought-after relative shall be liable to
the sought-after | 18 | | relative for damages and may also be found in contempt of
| 19 | | court.
| 20 | | (2) Any person who learns a sought-after
relative's | 21 | | identity, directly or indirectly, through the use of | 22 | | procedures
provided in this Section and who improperly | 23 | | discloses information identifying
the sought-after | 24 | | relative shall be liable to the sought-after relative for
| 25 | | actual damages plus minimum punitive damages of $10,000.
| 26 | | (3) The Department shall fine any confidential |
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| 1 | | intermediary who improperly
discloses
confidential | 2 | | information in violation of item (1) or (2) of this | 3 | | subsection (k)
an amount up to $2,000 per improper | 4 | | disclosure. This fine does not affect
civil liability under | 5 | | item (2) of this subsection (k). The Department shall
| 6 | | deposit all fines and penalties collected under this | 7 | | Section into the Illinois
Adoption Registry and Medical | 8 | | Information Fund.
| 9 | | (l) Death of person being sought. Notwithstanding any other | 10 | | provision
of this Act, if the confidential intermediary | 11 | | discovers that the person
being sought has died, he or she | 12 | | shall report this fact to the court,
along with a copy of the | 13 | | death certificate. If the sought-after relative is a birth | 14 | | parent, the confidential intermediary shall also forward a copy | 15 | | of the birth parent's death certificate, if available, to the | 16 | | Registry for inclusion in the Registry file.
| 17 | | (m) Any confidential information obtained by the | 18 | | confidential intermediary
during the course of his or her | 19 | | search shall be kept strictly confidential
and shall be used | 20 | | for the purpose of arranging contact between the
petitioner and | 21 | | the sought-after birth relative. At the time the case is
| 22 | | closed, all identifying information shall be returned to the | 23 | | court for
inclusion in the impounded adoption file.
| 24 | | (n) (Blank).
| 25 | | (o) Except as provided in subsection (k) of this Section, | 26 | | no liability shall
accrue to
the State, any State agency, any |
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| 1 | | judge, any officer or employee of the
court, any certified | 2 | | confidential intermediary, or any agency designated
to oversee | 3 | | confidential intermediary services for acts, omissions, or
| 4 | | efforts made in good faith within the scope of this Section.
| 5 | | (p) An adoption agency that has received a request from a | 6 | | confidential intermediary for the full name, date of birth, | 7 | | last known address, or last known telephone number of a | 8 | | sought-after relative pursuant to subsection (g) of Section | 9 | | 18.3a, or for medical information regarding a sought-after | 10 | | relative pursuant to subsection (h) of Section 18.3a, must | 11 | | satisfactorily comply with this court order within a period of | 12 | | 45 days. The court shall order the adoption agency to reimburse | 13 | | the petitioner in an amount equal to all payments made by the | 14 | | petitioner to the confidential intermediary, and the adoption | 15 | | agency shall be subject to a civil monetary penalty of $1,000 | 16 | | to be paid to the Department of Children and Family Services. | 17 | | Following the issuance of a court order finding that the | 18 | | adoption agency has not complied with Section 18.3, the | 19 | | adoption agency shall be subject to a monetary penalty of $500 | 20 | | per day for each subsequent day of non-compliance. Proceeds | 21 | | from such fines shall be utilized by the Department of Children | 22 | | and Family Services to subsidize the fees of petitioners as | 23 | | referenced in subsection (d) of this Section. | 24 | | (q) (Blank). | 25 | | Any reimbursements and fines, notwithstanding any | 26 | | reimbursement directly to the petitioner, paid under this |
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| 1 | | subsection are in addition to other remedies a court may | 2 | | otherwise impose by law. | 3 | | The Department of Children and Family Services shall submit | 4 | | reports to the Adoption Registry-Confidential Intermediary | 5 | | Advisory Council by July 1 and January 1 of each year in order | 6 | | to report the penalties assessed and collected under this | 7 | | subsection, the amounts of related deposits into the DCFS | 8 | | Children's Services Fund, and any expenditures from such | 9 | | deposits.
| 10 | | (Source: P.A. 97-110, eff. 7-14-11; 97-1063, eff. 1-1-13; | 11 | | 98-704, eff. 1-1-15 .)
| 12 | | (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
| 13 | | Sec. 18.6. Registry fees. The Department of Public Health | 14 | | shall levy a
fee for each
registrant under Sections 18.05 | 15 | | through 18.5.
A $15 fee shall be charged for registering with | 16 | | the Illinois Adoption
Registry and Medical Information | 17 | | Exchange. However, this fee shall be
waived for all adopted or | 18 | | surrendered persons, surviving children and spouses of | 19 | | deceased adopted persons, adoptive parents,
legal guardians, | 20 | | birth parents, birth grandparents, birth aunts, birth uncles, | 21 | | and
birth siblings who complete a Medical Information Exchange | 22 | | Questionnaire at the
time of registration and authorize its | 23 | | release to specified registered parties,
and for adoptive | 24 | | parents
registering within 12 months of the finalization of the
| 25 | | adoption. All persons who were registered with the Illinois |
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| 1 | | Adoption Registry
prior to the effective date of this | 2 | | amendatory Act of 1999
and who wish to
update their | 3 | | registration may do so without charge.
No charge of any
kind | 4 | | shall be made for the withdrawal of any form provided in | 5 | | Section 18.2.
| 6 | | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
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