Illinois General Assembly - Full Text of HB6073
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Full Text of HB6073  99th General Assembly


Rep. Gregory Harris

Filed: 3/30/2016





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2    AMENDMENT NO. ______. Amend House Bill 6073 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Vital Records Act is amended by changing
5Section 1 and 17 as follows:
6    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
7    Sec. 1. As used in this Act, unless the context otherwise
9    (1) "Vital records" means records of births, deaths, fetal
10deaths, marriages, dissolution of marriages, and data related
12    (2) "System of vital records" includes the registration,
13collection, preservation, amendment, and certification of
14vital records, and activities related thereto.
15    (3) "Filing" means the presentation of a certificate,
16report, or other record provided for in this Act, of a birth,



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1death, fetal death, adoption, marriage, or dissolution of
2marriage, for registration by the Office of Vital Records.
3    (4) "Registration" means the acceptance by the Office of
4Vital Records and the incorporation in its official records of
5certificates, reports, or other records provided for in this
6Act, of births, deaths, fetal deaths, adoptions, marriages, or
7dissolution of marriages.
8    (5) "Live birth" means the complete expulsion or extraction
9from its mother of a product of human conception, irrespective
10of the duration of pregnancy, which after such separation
11breathes or shows any other evidence of life such as beating of
12the heart, pulsation of the umbilical cord, or definite
13movement of voluntary muscles, whether or not the umbilical
14cord has been cut or the placenta is attached.
15    (6) "Fetal death" means death prior to the complete
16expulsion or extraction from its mother of a product of human
17conception, irrespective of the duration of pregnancy; the
18death is indicated by the fact that after such separation the
19fetus does not breathe or show any other evidence of life such
20as beating of the heart, pulsation of the umbilical cord, or
21definite movement of voluntary muscles.
22    (7) "Dead body" means a lifeless human body or parts of
23such body or bones thereof from the state of which it may
24reasonably be concluded that death has occurred.
25    (8) "Final disposition" means the burial, cremation, or
26other disposition of a dead human body or fetus or parts



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2    (9) "Physician" means a person licensed to practice
3medicine in Illinois or any other State.
4    (10) "Institution" means any establishment, public or
5private, which provides in-patient medical, surgical, or
6diagnostic care or treatment, or nursing, custodial, or
7domiciliary care to 2 or more unrelated individuals, or to
8which persons are committed by law.
9    (11) "Department" means the Department of Public Health of
10the State of Illinois.
11    (12) "Director" means the Director of the Illinois
12Department of Public Health.
13    (13) "Licensed health care professional" means a person
14licensed to practice as a physician, advanced practice nurse,
15or physician assistant in Illinois or any other state.
16    (14) "Licensed mental health professional" means a person
17who is licensed or registered to provide mental health services
18by the Department of Financial and Professional Regulation or a
19board of registration duly authorized to register or grant
20licenses to persons engaged in the practice of providing mental
21health services in Illinois or any other state.
22    (15) "Intersex condition" means a condition in which a
23person is born with a reproductive or sexual anatomy or
24chromosome pattern that does not fit typical definitions of
25male or female.
26(Source: P.A. 81-230.)



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1    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
2    Sec. 17. (1) For a person born in this State, the State
3Registrar of Vital Records shall establish a new certificate of
4birth when he receives any of the following:
5        (a) A certificate of adoption as provided in Section 16
6    or a certified copy of the order of adoption together with
7    the information necessary to identify the original
8    certificate of birth and to establish the new certificate
9    of birth; except that a new certificate of birth shall not
10    be established if so requested by the court ordering the
11    adoption, the adoptive parents, or the adopted person.
12        (b) A certificate of adoption or a certified copy of
13    the order of adoption entered in a court of competent
14    jurisdiction of any other state or country declaring
15    adopted a child born in the State of Illinois, together
16    with the information necessary to identify the original
17    certificate of birth and to establish the new certificate
18    of birth; except that a new certificate of birth shall not
19    be established if so requested by the court ordering the
20    adoption, the adoptive parents, or the adopted person.
21        (c) A request that a new certificate be established and
22    such evidence as required by regulation proving that such
23    person has been legitimatized, or that the circuit court,
24    the Department of Healthcare and Family Services (formerly
25    Illinois Department of Public Aid), or a court or



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1    administrative agency of any other state has established
2    the paternity of such a person by judicial or
3    administrative processes or by voluntary acknowledgment,
4    which is accompanied by the social security numbers of all
5    persons determined and presumed to be the parents.
6        (d) A declaration An affidavit by a licensed health
7    care professional or licensed mental health professional
8    who has treated or evaluated a person stating physician
9    that the he has performed an operation on a person has
10    undergone treatment that is clinically appropriate for
11    that individual for the purpose of gender transition, based
12    on contemporary medical standards, or that the individual
13    has an intersex condition, and that by reason of the
14    operation the sex designation on such person's birth record
15    should therefore be changed. The information in the
16    declaration shall be proved by the licensed health care
17    professional or licensed mental health professional
18    signing and dating it in substantially the following form:
19    "I declare (or certify, verify, or state) under penalty of
20    perjury that the foregoing is true and correct. Executed on
21    (date).". The new certificate of birth shall reflect any
22    legal name change, so long as the appropriate documentation
23    of the name change is submitted. The State Registrar of
24    Vital Records may make any investigation or require any
25    further information he deems necessary.
26    Each request for a new certificate of birth shall be



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1accompanied by a fee of $15 and entitles the applicant to one
2certification or certified copy of the new certificate. If the
3request is for additional copies, it shall be accompanied by a
4fee of $2 for each additional certification or certified copy.
5    (2) When a new certificate of birth is established, the
6actual place and date of birth shall be shown; provided, in the
7case of adoption of a person born in this State by parents who
8were residents of this State at the time of the birth of the
9adopted person, the place of birth may be shown as the place of
10residence of the adoptive parents at the time of such person's
11birth, if specifically requested by them, and any new
12certificate of birth established prior to the effective date of
13this amendatory Act may be corrected accordingly if so
14requested by the adoptive parents or the adopted person when of
15legal age. The social security numbers of the parents shall not
16be recorded on the certificate of birth. The social security
17numbers may only be used for purposes allowed under federal
18law. The new certificate shall be substituted for the original
19certificate of birth:
20        (a) Thereafter, the original certificate and the
21    evidence of adoption, paternity, legitimation, or sex
22    change of sex designation shall not be subject to
23    inspection or certification except upon order of the
24    circuit court, request of the person, or as provided by
25    regulation. If the new certificate was issued subsequent to
26    an adoption, the original certificate shall not be subject



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1    to inspection until the adopted person has reached the age
2    of 21; thereafter, the original certificate shall be made
3    available as provided by Section 18.1b of the Adoption Act.
4        (b) Upon receipt of notice of annulment of adoption,
5    the original certificate of birth shall be restored to its
6    place in the files, and the new certificate and evidence
7    shall not be subject to inspection or certification except
8    upon order of the circuit court.
9    (3) If no certificate of birth is on file for the person
10for whom a new certificate is to be established under this
11Section, a delayed record of birth shall be filed with the
12State Registrar of Vital Records as provided in Section 14 or
13Section 15 of this Act before a new certificate of birth is
14established, except that when the date and place of birth and
15parentage have been established in the adoption proceedings, a
16delayed record shall not be required.
17    (4) When a new certificate of birth is established by the
18State Registrar of Vital Records, all copies of the original
19certificate of birth in the custody of any custodian of
20permanent local records in this State shall be transmitted to
21the State Registrar of Vital Records as directed, and shall be
22sealed from inspection except as provided by Section 18.1b of
23the Adoption Act.
24    (5) Nothing in this Section shall be construed to prohibit
25the amendment of a birth certificate in accordance with
26subsection (6) of Section 22.



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1(Source: P.A. 97-110, eff. 7-14-11.)".