(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise requires:
(1) "Vital records" means records of births, deaths, fetal deaths,
marriages, dissolution of marriages, and data related thereto.
(2) "System of vital records" includes the registration, collection,
preservation, amendment, and certification of vital records, and
activities related thereto.
(3) "Filing" means the presentation of a certificate, report, or
other record provided for in this Act, of a birth, death, fetal death,
adoption, marriage, or dissolution of marriage, for registration by the Office of Vital
Records.
(4) "Registration" means the acceptance by the Office of Vital
Records and the incorporation in its official records of certificates,
reports, or other records provided for in this Act, of births, deaths,
fetal deaths, adoptions, marriages, or dissolution of marriages.
(5) "Live birth" means the complete expulsion or extraction from its
mother of a product of human conception, irrespective of the duration of
pregnancy, which after such separation breathes or shows any other
evidence of life such as beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles, whether or
not the umbilical cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete expulsion or
extraction from the uterus of a product of human conception,
irrespective of the duration of pregnancy, and which is not due to an abortion as defined in Section 1-10 of the Reproductive Health Act. The death is indicated by the
fact that after such separation the fetus does not breathe or show any
other evidence of life such as beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of such body or
bones thereof from the state of which it may reasonably be concluded
that death has occurred.
(8) "Final disposition" means the burial, cremation, or other
disposition of a dead human body or fetus or parts thereof.
(9) "Physician" means a person licensed to practice medicine in
Illinois or any other state.
(10) "Institution" means any establishment, public or private, which
provides in-patient medical, surgical, or diagnostic care or treatment,
or nursing, custodial, or domiciliary care to 2 or more unrelated
individuals, or to which persons are committed by law.
(11) "Department" means the Department of Public Health of the State
of Illinois.
(12) "Director" means the Director of the Illinois Department of
Public Health.
(13) "Licensed health care professional" means a person licensed to practice as a physician, advanced practice registered nurse, or physician assistant in Illinois or any other state. (14) "Licensed mental health professional" means a person who is licensed or registered to provide mental health services by the Department of Financial and Professional Regulation or a board of registration duly authorized to register or grant licenses to persons engaged in the practice of providing mental health services in Illinois or any other state. (15) "Intersex condition" means a condition in which a person is born with a reproductive or sexual anatomy or chromosome pattern that does not fit typical definitions of male or female. (16) "Homeless person" means an individual who meets the definition of "homeless" under Section 103 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an individual residing in any of the living situations described in 42 U.S.C. 11434a(2). (17) "Advanced practice registered nurse" means: (i) an advanced practice registered nurse with full practice authority; or (ii) an advanced practice registered nurse with a collaborative agreement with a physician who has delegated the completion of death certificates. (18) "Certifying health care professional" means a physician, physician assistant, or advanced practice registered nurse. (19) "Physician assistant" means a physician assistant who practices in accordance with a written collaborative agreement that includes the completion of death certificates. (Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22; 102-844, eff. 1-1-23.)
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(410 ILCS 535/12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be registered
with the local or subregistrar of the district in which the birth occurred
as provided in this Section, within 7 days after the birth. When a
birth occurs on a moving conveyance, the city, village, township, or road
district in which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall be filed in the
registration district in which the place is located.
(2) When a birth occurs in an institution, the person in charge of the
institution or his designated representative shall obtain and record all
the personal and statistical particulars relative to the parents of the
child that are required to properly complete the live birth certificate; shall
secure the required
personal signatures on the hospital worksheet; shall prepare the certificate
from this worksheet; and shall file the certificate with the local
registrar. The institution shall retain the hospital worksheet permanently or
as
otherwise specified by rule. The
physician in attendance shall verify or provide the date of birth and
medical information required by the certificate, within 24 hours after the
birth occurs.
(3) When a birth occurs outside an institution, the certificate shall be
prepared and filed by one of the following in the indicated order of
priority:
(a) The physician in attendance at or immediately |
| after the birth, or in the absence of such a person,
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(b) Any other person in attendance at or immediately
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| after the birth, or in the absence of such a person,
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(c) The father, the mother, or in the absence of the
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| father and the inability of the mother, the person in charge of the premises where the birth occurred.
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(4) Unless otherwise provided in this Act, if the mother was not married
to the father of the child at either the time of conception or the time of
birth, the name of the father shall be entered on the child's
birth certificate only if the mother and the person to be named as the father
have signed a voluntary acknowledgment of paternity form in accordance with subsection (5).
Unless otherwise provided in this Act, if the mother was married at the time
of conception or birth and the presumed father (that is, the mother's husband)
is not the biological father of the child, the name of the
biological father shall be entered on the child's birth certificate only if, in
accordance with subsection (5), (i)
the mother and the person to be named as the father have signed a voluntary
acknowledgment of paternity form and (ii) the mother and presumed father have signed
a denial of parentage form.
(5) Upon the birth of a child to an unmarried woman, or upon the birth of
a child to a woman who was married at the time of conception or birth and whose
husband is not the biological father of the child, the institution at the time
of birth and the local registrar or county clerk after the birth shall do the
following:
(a) Provide (i) an opportunity for the child's mother
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| and father to sign a voluntary acknowledgment of paternity form and (ii) if the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a denial of parentage form. The signing and witnessing of the voluntary acknowledgment of paternity form or, if the presumed father of the child is not the biological father, the voluntary acknowledgment of paternity and denial of parentage forms conclusively establish a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984 and with the Illinois Parentage Act of 2015 on and after the effective date of that Act.
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The Department of Healthcare and Family Services
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| shall furnish the voluntary acknowledgment of paternity and denial of parentage forms to institutions, county clerks, and State and local registrars' offices. The forms shall include instructions to send the original signed and witnessed voluntary acknowledgment of paternity and denial of parentage to the Department of Healthcare and Family Services. The voluntary acknowledgement of paternity and denial of parentage forms shall also include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request deoxyribonucleic acid (DNA) tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. The voluntary acknowledgment of paternity and denial of parentage forms shall contain the data elements required by federal law.
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(b) Provide the following documents, furnished by the
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| Department of Healthcare and Family Services, to the child's mother, biological father, and (if the person presumed to be the child's father is not the biological father) presumed father for their review at the time the opportunity is provided to establish a parent and child relationship:
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(i) An explanation of the implications of,
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| alternatives to, legal consequences of, and the rights and responsibilities that arise from signing a voluntary acknowledgment of paternity form and, if necessary, a denial of parentage form, including an explanation of the parental rights and responsibilities of child support, visitation, custody, retroactive support, health insurance coverage, and payment of birth expenses.
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(ii) An explanation of the benefits of having a
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| child's parentage established and the availability of parentage establishment and child support enforcement services.
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(iii) A request for an application for child
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| support enforcement services from the Department of Healthcare and Family Services.
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(iv) Instructions concerning the opportunity to
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| speak, either by telephone or in person, with staff of the Department of Healthcare and Family Services who are trained to clarify information and answer questions about paternity establishment.
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(v) Instructions for completing and signing the
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| voluntary acknowledgment of paternity and denial of parentage forms.
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(c) Provide an oral explanation of the documents and
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| instructions set forth in subdivision (5)(b), including an explanation of the implications of, alternatives to, legal consequences of, and the rights and responsibilities that arise from signing a voluntary acknowledgment of paternity form and, if necessary, a denial of parentage form. The oral explanation may be given in person or through the use of video or audio equipment.
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(6) The institution, State or local registrar, or county clerk shall provide
an
opportunity for the child's father or mother to sign a rescission of voluntary acknowledgment of paternity or denial of parentage form.
The signing and witnessing of the rescission of voluntary acknowledgment of paternity or denial of parentage form voids the voluntary
acknowledgment of paternity form and nullifies the presumption of paternity if
executed and filed with the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) within the
time frame contained in Section 5
of the Illinois Parentage Act of 1984 or Section 307 of the Illinois Parentage Act of 2015 on and after the effective date of that Act.
The Department of Healthcare and Family Services shall furnish the rescission of voluntary acknowledgment of paternity or denial of parentage form to institutions, county clerks, and State and local registrars' offices.
The form shall include instructions to send the original signed and witnessed
rescission of voluntary acknowledgment of paternity or denial of parentage form to the Department of Healthcare and Family Services. The rescission of voluntary acknowledgment of paternity or denial of parentage form shall contain the data elements required by federal law.
(7) A voluntary acknowledgment of paternity form signed pursuant to Section 6 of the
Illinois Parentage Act of 1984 or Section 302 of the Illinois Parentage Act of 2015 on and after the effective date of that Act may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of a challenge to the voluntary acknowledgment of
paternity form, the legal responsibilities of the signatories shall remain in full
force and effect, except upon order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as provided for under
subsection (5) establishes the paternity of a child whose certificate of birth
is on file in
another state, the Department of Healthcare and Family Services shall forward a copy of
the voluntary acknowledgment of paternity, denial of parentage, and, if applicable, rescission of voluntary acknowledgment of paternity or denial of parentage forms to the birth record agency of the state
where the child's certificate of birth is on file.
(9) In the event the parent-child relationship has been established in
accordance with subdivision (a)(1) of Section 6 of the Parentage Act of 1984,
the names of the biological mother and biological father so established shall
be entered on the child's birth certificate, and the names of the surrogate
mother and surrogate mother's husband, if any, shall not be on the birth
certificate.
(10) In the event new data elements are included in the voluntary acknowledgment of paternity form, denial of parentage form, or rescission of voluntary acknowledgment of paternity or denial of parentage form, the Department of Healthcare and Family Services, in conjunction with the Department of Public Health, shall provide instructions that have been prescribed by the Department of Healthcare and Family Services about the new data elements to the hospital personnel responsible for assisting the child's mother, biological father, or presumed father with completing the forms.
(Source: P.A. 99-85, eff. 1-1-16; 99-675, eff. 1-1-17.)
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(410 ILCS 535/15) (from Ch. 111 1/2, par. 73-15)
Sec. 15.
Procedure upon refusal to accept delayed record of birth.
(1) If a delayed record of birth is not accepted under the
provisions of Section 14, a petition may be filed with the circuit court
of the petitioner's county of birth, or, if a resident of Illinois, with
the circuit court of the county of his residence, or, if he resides in
another state, with any court of competent jurisdiction of that state, for
an order establishing a record of the date and place of the petitioner's
birth and his parentage.
(2) If the petition is filed in Illinois, it shall be made on a form
prescribed and furnished by the State Registrar of Vital Records and shall
allege:
(a) that the person for whom a delayed record of |
| birth is sought was born in this State;
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(b) that no record of birth of such person can be
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| found in the office of the State Registrar of Vital Records, local registrar, or county clerk of county of birth;
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(c) that diligent efforts by the petitioner have
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| failed to obtain the evidence required by Section 14;
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(d) that the State Registrar of Vital Records has
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| refused to accept a delayed record of birth; and
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(e) such other allegations as may be required.
(3) If the petition is filed in another state, it shall contain
essentially the same allegations as set forth in subsection (2).
(4) The petition shall be accompanied by a statement of the State
Registrar of Vital Records who refused to accept a delayed record of birth,
and all documentary evidence which was submitted to that registration
official in support of such registration. The petition shall be sworn to by
the petitioner.
(5) The court shall fix a time and place for hearing the petition, and
the State Registrar of Vital Records who refused to accept the petitioner's
delayed record of birth shall be given 10 days' notice of the hearing. Such
official, or his authorized representative, may appear and testify in the
proceeding.
(6) If the court, from the evidence required herein and such other
evidence as is presented, finds that the person for whom a delayed record
of birth is sought was born in the State of Illinois, it shall make
findings as to the place and date of birth, parentage, and such other
findings as the petition may require and shall issue an order on a form
prescribed and furnished by the State Registrar of Vital Records to
establish a record of birth. This order shall include the birth data to be
registered, a description of the evidence presented in the manner
prescribed by Section 14 of this Act, the date of the court's action, and
shall be marked as a court order.
(7) If the order is issued by a circuit court in this State, the clerk
of the court shall forward each such order to the State Registrar of Vital
Records. Such order shall be registered by the State Registrar of Vital
Records and shall constitute the record of birth, from which copies may be
issued in accordance with Section 25 of this Act.
(8) If the order is issued by a court of competent jurisdiction in
another state, the petitioner may forward a certified copy of the order to
the State Registrar of Vital Records. Such order shall be registered by the
State Registrar of Vital Records and shall constitute the record of birth,
from which copies may be issued in accordance with Section 25 of this
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
Sec. 17. (1) For a person born in this State, the State Registrar of Vital
Records shall establish a new certificate of birth when he receives any of
the following:
(a) A certificate of adoption as provided in Section |
| 16 or a certified copy of the order of adoption together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.
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(b) A certificate of adoption or a certified copy of
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| the order of adoption entered in a court of competent jurisdiction of any other state or country declaring adopted a child born in the State of Illinois, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.
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(c) A request that a new certificate be established
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| and such evidence as required by regulation proving that such person has been legitimatized, or that the circuit court, the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), or a court or administrative agency of any other state has established the paternity of such a person by judicial or administrative processes or by voluntary acknowledgment, which is accompanied by the social security numbers of all persons determined and presumed to be the parents.
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(d) A declaration by a licensed health care
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| professional or licensed mental health professional who has treated or evaluated a person stating that the person has undergone treatment that is clinically appropriate for that individual for the purpose of gender transition, based on contemporary medical standards, or that the individual has an intersex condition, and that the sex designation on such person's birth record should therefore be changed. The information in the declaration shall be proved by the licensed health care professional or licensed mental health professional signing and dating it in substantially the following form: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).". The new certificate of birth shall reflect any legal name change, so long as the appropriate documentation of the name change is submitted.
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Each request for a new certificate of birth shall be accompanied by a fee
of $15 and entitles the applicant to one certification or certified copy
of the new certificate. If the request is for additional copies, it shall
be accompanied by a fee of $2 for each additional certification or certified
copy.
(2) When a new certificate of birth is established, the actual place and
date of birth shall be shown; provided, in the case of adoption of a person
born in this State by parents who were residents of this State at the time
of the birth of the adopted person, the place of birth may be shown as the
place of residence of the adoptive parents at the time of such person's
birth, if specifically requested by them, and any new certificate of birth
established prior to the effective date of this amendatory Act may be
corrected accordingly if so requested by the adoptive parents or the
adopted person when of legal age. The social security numbers of the
parents shall not be recorded on the certificate of birth. The social
security numbers may only be used for purposes allowed under federal law.
The new certificate shall be substituted for the original certificate of birth:
(a) Thereafter, the original certificate and the
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| evidence of paternity, legitimation, or change of sex designation shall not be subject to inspection or certification except upon order of the circuit court, request of the person named on the certificate of birth, or as provided by regulation. If the new certificate was issued subsequent to an adoption, then the evidence of adoption is not subject to inspection or certification except upon order of the circuit court or as provided by rule, and the original certificate shall not be subject to inspection until the adopted person has reached the age of 21; thereafter, the original certificate shall be made available as provided by Section 18.1b of the Adoption Act, and nothing in this subsection shall impede or prohibit access to the original birth certificate under Section 18.1b of the Adoption Act.
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(b) Upon receipt of notice of annulment of adoption,
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| the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection or certification except upon order of the circuit court.
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(3) If no certificate of birth is on file for the person for whom a new
certificate is to be established under this Section, a delayed record of
birth shall be filed with the State Registrar of Vital Records as provided
in Section 14 or Section 15 of this Act before a new certificate of birth
is established, except that when the date and place of birth and parentage
have been established in the adoption proceedings, a delayed record shall
not be required.
(4) When a new certificate of birth is established by the State
Registrar of Vital Records, all copies of the original certificate of birth
in the custody of any custodian of permanent local records in this State
shall be transmitted to the State Registrar of Vital Records as directed,
and shall be sealed from inspection except as provided by Section 18.1b of the Adoption Act.
(5) Nothing in this Section shall be construed to prohibit the amendment
of a birth certificate in accordance with subsection (6) of Section 22.
(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)
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(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
Sec. 18. (1) Each death which occurs in this State shall be registered
by filing a death certificate with the local registrar
of the district in which the death occurred or the body was found, within
7 days after such death (within 5 days if the death occurs prior to
January 1, 1989) and prior to cremation or removal of the body from
the State, except when death is subject to investigation by the coroner or
medical examiner.
(a) For the purposes of this Section, if the place of |
| death is unknown, a death certificate shall be filed in the registration district in which a dead body is found, which shall be considered the place of death.
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(b) When a death occurs on a moving conveyance, the
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| place where the body is first removed from the conveyance shall be considered the place of death and a death certificate shall be filed in the registration district in which such place is located.
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(c) The funeral director who first assumes custody of
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| a dead body shall be responsible for filing a completed death certificate. He or she shall obtain the personal data from the next of kin or the best qualified person or source available; he or she shall enter on the certificate the name, relationship, and address of the informant; he or she shall enter the date, place, and method of final disposition; he or she shall affix his or her own signature and enter his or her address; and shall present the certificate to the person responsible for completing the medical certification of cause of death. The person responsible for completing the medical certification of cause of death must note the presence of methicillin-resistant staphylococcus aureus, clostridium difficile, or vancomycin-resistant enterococci if it is a contributing factor to or the cause of death. Additional multi-drug resistant organisms (MDROs) may be added to this list by the Department by rule.
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(2) The medical certification shall be completed and signed within 48
hours after death by the certifying health care professional who, within 12 months prior to the date of the patient's death, was treating or managing treatment of the patient's
illness or condition which resulted in death, except when death is subject
to the coroner's or medical examiner's investigation. In the absence of
the certifying health care professional or with his or her approval, the medical certificate may be
completed and signed by his or her associate physician or advanced practice registered nurse, physician assistant, the chief medical officer
of the institution in which death occurred, or by the physician who
performed an autopsy upon the decedent.
(3) When a death occurs without medical attendance, or when it is otherwise
subject to the coroner's or medical examiner's investigation, the coroner
or medical examiner shall be responsible for the completion of a coroner's
or medical examiner's certificate of death and shall sign the medical
certification within 48 hours after death, except as provided by regulation
in special problem cases. If the decedent was under the age of 18 years at the time of his or her death, and the death was due to injuries suffered as a result of a motor vehicle backing over a child, or if the death occurred due to the power window of a motor vehicle, the coroner or medical examiner must send a copy of the medical certification, with information documenting that the death was due to a vehicle backing over the child or that the death was caused by a power window of a vehicle, to the Department of Children and Family Services. The Department of Children and Family Services shall (i) collect this information for use by Child Death Review Teams and (ii) compile and maintain this information as part of its Annual Child Death Review Team Report to the General Assembly.
(3.5) The medical certification of cause of death shall expressly provide
an
opportunity for the person completing the
certification to indicate that the death was caused in whole or in part by a
dementia-related disease, Parkinson's Disease, or Parkinson-Dementia Complex.
(4) When the deceased was a veteran of any war of the United States, the
funeral director shall prepare a "Certificate of Burial of U. S. War Veteran",
as prescribed and furnished by the Illinois Department of Veterans' Affairs,
and submit such certificate to the Illinois Department of Veterans' Affairs
monthly.
(5) When a death is presumed to have occurred in this State but the
body cannot be located, a death certificate may be prepared by the State
Registrar upon receipt of an order of a court of competent jurisdiction
which includes the finding of facts required to complete the death
certificate. Such death certificate shall be marked "Presumptive" and shall
show on its face the date of the registration and shall identify the court
and the date of the judgment.
(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23.)
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(410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
Sec. 21.
(1) The funeral director or person acting as such who first
assumes custody of a dead body or fetus shall make a written report to the
registrar of the district in which death occurred or in which the body or
fetus was found within 24 hours after taking custody of the body or fetus
on a form prescribed and furnished by the State Registrar and in accordance
with the rules promulgated by the State Registrar. Except as specified in
paragraph (2) of this Section, the written report shall serve as a permit
to transport, bury, or entomb the body or fetus within this State, provided
that the funeral director or person acting as such shall certify that the certifying health care professional who, within 12 months prior to the date of the patient's death, was treating or managing treatment of the patient's illness or condition
which resulted in death has been contacted and has affirmatively stated
that he or she will sign the medical certificate of death or the fetal death
certificate. If a funeral director
fails to file written
reports under this Section in a timely manner, the local registrar
may suspend the funeral director's privilege of filing written
reports by mail.
In a county with a population greater than 3,000,000, if a funeral director
or person acting as such inters or entombs a dead body
without having previously certified that the certifying health care professional who, within 12 months prior to the date of the patient's death, was treating or managing treatment of the
patient's illness or condition that resulted in death has been
contacted and has affirmatively stated that he or she will sign the medical
certificate of death,
then that funeral
director or person acting as such
is responsible for payment of the specific costs incurred by the county
medical examiner in
disinterring and reinterring or reentombing
the dead body.
(2) The written report as specified in paragraph (1) of this Section shall
not serve as a permit to:
(a) Remove body or fetus from this State;
(b) Cremate the body or fetus; or
(c) Make disposal of any body or fetus in any manner |
| when death is subject to the coroner's or medical examiner's investigation.
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(3) In accordance with the provisions of paragraph (2) of this Section
the funeral director or person acting as such who first assumes custody
of a dead body or fetus shall obtain a permit for disposition of such
dead human body prior to final disposition or removal from the State of the
body or fetus. Such permit shall be issued by the registrar of the
district where death occurred or the body or fetus was found. No such
permit shall be issued until a properly completed certificate of death has
been filed with the registrar. The registrar shall insure the issuance of
a permit for disposition within an expedited period of time to accommodate
Sunday or holiday burials of decedents whose time of death and religious
tenets or beliefs necessitate Sunday or holiday burials.
(4) A permit which accompanies a dead body or fetus brought into this
State shall be authority for final disposition of the body or fetus in this
State, except in municipalities where local ordinance requires the issuance
of a local permit prior to disposition.
(5) A permit for disposition of a dead human body shall be required
prior to disinterment of a dead body or fetus, and when the disinterred
body is to be shipped by a common carrier. Such permit shall be issued to
a licensed funeral director or person acting as such, upon proper
application, by the local registrar of the district in which disinterment
is to be made. In the case of disinterment, proper application shall
include a statement providing the name and address of any surviving spouse
of the deceased, or, if none, any surviving children of the deceased, or if
no surviving spouse or children, a parent, brother, or sister of the
deceased. The
application shall indicate whether the applicant is one of these parties
and, if so, whether the applicant is a surviving spouse or a surviving
child. Prior to the issuance of a permit for disinterment, the
local registrar shall, by certified mail, notify the surviving spouse,
unless he or she is the applicant, or if there is no surviving spouse, all
surviving children except for the applicant, of the application for the
permit. The person or persons notified shall have 30 days from the mailing
of the notice to object by obtaining an injunction enjoining the issuance
of the permit. After the 30-day period has expired, the local registrar
shall issue the permit unless he or she has been enjoined from doing so or
there are other statutory grounds for refusal. The notice to the spouse or
surviving children shall inform the person or persons being notified of the
right to seek an injunction within 30 days. Notwithstanding any other
provision of this subsection (5), a court may order issuance of a permit
for disinterment without notice or prior to the expiration of the 30-day
period where the petition is made by an agency of any governmental unit and
good cause is shown for disinterment without notice or for the early order.
Nothing in this subsection (5) limits the authority of the City of Chicago to
acquire property or otherwise exercise its powers under the O'Hare
Modernization Act or requires that City,
or
any person acting on behalf of that City, to obtain a permit under this
subsection (5) when exercising powers under the O'Hare Modernization Act. The Illinois Department of Transportation, and any person acting on its behalf under a public-private agreement entered into in accordance with the Public-Private Agreements for the South Suburban Airport Act, is exempt from this subsection (5), provided that the Illinois Department of Transportation, or any such person, takes reasonable steps to comply with the provisions of this subsection (5) so long as compliance does not interfere with the design, development, operation, or maintenance of the South Suburban Airport or the exercise of their powers under the Public-Private Agreements for the South Suburban Airport Act.
(Source: P.A. 102-257, eff. 1-1-22.)
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(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
Sec. 25. In accordance with Section 24 of this Act, and the
regulations adopted pursuant thereto: (1) The State Registrar of Vital Records shall search |
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Any local registrar or county clerk shall search the
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| files of birth, death and fetal death records, upon receipt of a written request from any applicant entitled to such search. If upon search the record requested is found, such local registrar or county clerk shall furnish the applicant one certification or certified copy of such record, under the seal of such office, upon payment of the applicable fees. If the requested record is not found, the local registrar or county clerk shall furnish the applicant a certification attesting to that fact, if so requested by the applicant and upon payment of applicable fee. The local registrar or county clerk must charge a $2 fee for each certified copy of a death certificate. The fee is in addition to any other fees that are charged by the local registrar or county clerk. The additional fees must be transmitted to the State Registrar monthly and deposited into the Death Certificate Surcharge Fund. The local registrar or county clerk may charge fees for providing other services for which the State Registrar may charge fees under this Section.
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Upon receipt of a written request from any applicant
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| entitled to such a search, a local registrar or county clerk shall search available files for the death certificate of an active duty or retired service member of the United States military. If the death certificate requested by the applicant is found, the local registrar or county clerk shall furnish the applicant with one certified copy of the death certificate, under the seal of the local registrar's or county clerk's office, at no cost to the applicant. If the requested death certificate of the service member is not found, the local registrar or county clerk shall furnish the applicant, at no cost, with certification attesting to that fact if so requested by the applicant. A local registrar or county clerk shall not require a fee from the applicant of more than $6 for any subsequent copy of the service member's death certificate or certification attesting that the death certificate of the service member was not found.
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A request to any custodian of vital records for a
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| search of the death record indexes for genealogical research shall require a fee of $10 per name for a 5 year search. An additional fee of $1 for each additional year searched shall be required. If the requested record is found, one uncertified copy shall be issued without additional charge.
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Any fee received by the State Registrar pursuant to
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| this Section which is of an insufficient amount may be returned by the State Registrar upon his recording the receipt of such fee and the reason for its return. The State Registrar is authorized to maintain a 2 signature, revolving checking account with a suitable commercial bank for the purpose of depositing and withdrawing-for-return cash received and determined insufficient for the service requested.
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No fee imposed under this Section may be assessed
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| against an organization chartered by Congress that requests a certificate for the purpose of death verification.
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Any custodian of vital records, whether it may be the
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| Department of Public Health, a local registrar, or a county clerk shall charge an additional $2 for each certified copy of a death certificate and that additional fee shall be collected on behalf of the Department of Financial and Professional Regulation for deposit into the Cemetery Oversight Licensing and Disciplinary Fund.
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(2) The certification of birth may contain only the
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| name, sex, date of birth, and place of birth, of the person to whom it relates, the name, age and birthplace of the parents, and the file number; and none of the other data on the certificate of birth except as authorized under subsection (5) of this Section.
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(3) The certification of death shall contain only the
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| name, Social Security Number, sex, date of death, and place of death of the person to whom it relates, and file number; and none of the other data on the certificate of death except as authorized under subsection (5) of this Section.
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(4) Certification or a certified copy of a
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| certificate shall be issued:
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(a) Upon the order of a court of competent
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(b) In case of a birth certificate, upon the
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| specific written request for a certification or certified copy by the person, if of legal age, by a parent or other legal representative of the person to whom the record of birth relates, or by a person having a genealogical interest; or
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(c) Upon the specific written request for a
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| certification or certified copy by a department of the state or a municipal corporation or the federal government; or
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(c-1) Upon the specific written request for a
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| certification or certified copy by a State's Attorney for the purpose of a criminal prosecution; or
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(d) In case of a death or fetal death
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| certificate, upon specific written request for a certified copy by a person, or his duly authorized agent, having a genealogical, personal or property right interest in the record.
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A genealogical interest shall be a proper purpose
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| with respect to births which occurred not less than 75 years and deaths which occurred not less than 20 years prior to the date of written request. Where the purpose of the request is a genealogical interest, the custodian shall stamp the certification or copy with the words, FOR GENEALOGICAL PURPOSES ONLY.
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(5) Any certification or certified copy issued
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| pursuant to this Section shall show the date of registration; and copies issued from records marked "delayed," "amended," or "court order" shall be similarly marked and show the effective date.
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(6) Any certification or certified copy of a
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| certificate issued in accordance with this Section shall be considered as prima facie evidence of the facts therein stated, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
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(7) Any certification or certified copy issued
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| pursuant to this Section shall be issued without charge when the record is required by the United States Veterans Administration or by any accredited veterans organization to be used in determining the eligibility of any person to participate in benefits available from such organization. Requests for such copies must be in accordance with Sections 1 and 2 of "An Act to provide for the furnishing of copies of public documents to interested parties," approved May 17, 1935, as now or hereafter amended.
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(8) The National Vital Statistics Division, or any
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| agency which may be substituted therefor, may be furnished such copies or data as it may require for national statistics; provided that the State shall be reimbursed for the cost of furnishing such data; and provided further that such data shall not be used for other than statistical purposes by the National Vital Statistics Division, or any agency which may be substituted therefor, unless so authorized by the State Registrar of Vital Records.
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(9) Federal, State, local, and other public or
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| private agencies may, upon request, be furnished copies or data for statistical purposes upon such terms or conditions as may be prescribed by the Department.
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(10) The State Registrar of Vital Records, at his
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| discretion and in the interest of promoting registration of births, may issue, without fee, to the parents or guardian of any or every child whose birth has been registered in accordance with the provisions of this Act, a special notice of registration of birth.
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(11) No person shall prepare or issue any certificate
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| which purports to be an original, certified copy, or certification of a certificate of birth, death, or fetal death, except as authorized in this Act or regulations adopted hereunder.
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(12) A computer print-out of any record of birth,
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| death or fetal record that may be certified under this Section may be used in place of such certification and such computer print-out shall have the same legal force and effect as a certified copy of the document.
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(13) The State Registrar may verify from the
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| information contained in the index maintained by the State Registrar the authenticity of information on births, deaths, marriages and dissolution of marriages provided to a federal agency or a public agency of another state by a person seeking benefits or employment from the agency, provided the agency pays a fee of $10.
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(14) The State Registrar may issue commemorative
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| birth certificates to persons eligible to receive birth certificates under this Section upon the payment of a fee to be determined by the State Registrar.
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(Source: P.A. 102-739, eff. 1-1-23.)
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