State of Illinois
91st General Assembly
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91_HB0631

 
                                              LRB9100454SMdvE

 1        AN ACT regarding adoption, amending named Acts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.490 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec.  5.490.   The Illinois Adoption Registry and Medical
 8    Information Exchange Fund.

 9        Section  10.  The  Adoption  Act  is  amended  by  adding
10    Sections  18.051, 18.052,  18.053,  18.054,  18.055,  18.056,
11    18.057,  18.058,  18.059,  18.060, 18.061, 18.062, and 18.063
12    and changing Section 18.3a as follows:

13        (750 ILCS 50/18.051 new)
14        Sec. 18.051.  The Illinois Adoption Registry and  Medical
15    Information   Exchange;   legislative  intent.   The  General
16    Assembly recognizes the importance of creating a procedure by
17    which birth families, adoptive families, legal  guardians  of
18    surrendered   children,  and  adult  adopted  or  surrendered
19    persons can exchange vital medical information throughout the
20    life of the  adopted  or  surrendered  person.   The  General
21    Assembly  further  recognizes that it is in the best interest
22    of adopted  and  surrendered  persons  and  their  birth  and
23    adoptive families that birth family medical histories and the
24    preferences  regarding  contact of all parties to an adoption
25    be compiled, preserved and provided,  upon  request,  to  the
26    adoptive   parents   and   legal   guardians  of  adopted  or
27    surrendered children and  to  adult  adopted  or  surrendered
28    persons  and their birth and adoptive relatives.  The purpose
29    of this amendatory  Act  of  1999  is  to  respond  to  these
 
                            -2-               LRB9100454SMdvE
 1    concerns  by  redefining  the  function  and operation of the
 2    Illinois  Adoption  Registry   and   creating   the   Medical
 3    Information Exchange.

 4        (750 ILCS 50/18.052 new)
 5        Sec.  18.052.   Definitions. When used in Sections 18.051
 6    through 18.063, unless the context otherwise requires:
 7        "Adopted person" means a person who was adopted  pursuant
 8    to the laws in effect at the time of the adoption.
 9        "Adoptive  parent" means a person who has become a parent
10    through the legal process of adoption.
11        "Adoptive relative" means the  widow  or  widower  or  an
12    adult   child   or  grandparent  of  a  deceased  adopted  or
13    surrendered person.
14        "Agency"  means  a  public  child  welfare  agency  or  a
15    licensed child welfare agency.
16        "Birth father" means the biological father of an  adopted
17    or  surrendered  person  who  is  named on the original birth
18    certificate, in the agency or court file,  on  a  consent  or
19    surrender  document,  or  a notarized statement duly executed
20    and signed by the birth mother, or a biological father  whose
21    paternity  has been established by a judgment or order of the
22    court.
23        "Birth mother" means the biological mother of an  adopted
24    or surrendered person.
25        "Birth parent" means a parent, by birth, of an adopted or
26    surrendered person.
27        "Birth  relative" means the adult biological full or half
28    sibling or birth grandparent of  an  adopted  or  surrendered
29    person  or the biological sibling or adoptive child of his or
30    her birth parent.
31        "Information Exchange Authorization" means  an  affidavit
32    completed  by  an applicant to the Illinois Adoption Registry
33    and Medical Information Exchange authorizing the  release  of
 
                            -3-               LRB9100454SMdvE
 1    his or her name and address to a specified party or parties.
 2        "Information   Exchange   Denial"   means   an  affidavit
 3    completed by an applicant to the Illinois  Adoption  Registry
 4    and  Medical  Information Exchange denying the release of his
 5    or her name and address to a specified party or parties.
 6        "Interested party" means  an  adoptive  parent  or  legal
 7    guardian of an adopted or surrendered person under the age of
 8    18, an adopted or surrendered person 18 years of age or over,
 9    an adoptive relative, a birth parent, or a birth relative.
10        "Medical  Information  Exchange  Questionnaire" means the
11    medical history questionnaire completed by applicants to  the
12    Illinois Adoption Registry and Medical Information Exchange.
13        "Proof  of  death"  means  a  death  certificate, a death
14    notice, or an obituary published in a daily newspaper.
15        "Surrendered person" means a person who  was  surrendered
16    for adoption but not adopted.

17        (750 ILCS 50/18.053 new)
18        Sec.  18.053.  The Illinois Adoption Registry and Medical
19    Information Exchange.
20        (a)  General function.  The Department of  Public  Health
21    shall   redefine   the  function  of  the  Illinois  Adoption
22    Registry, and create the Medical Information Exchange in  the
23    manner  outlined  in  subsections  (b)  through  (d)  for the
24    purpose of facilitating the exchange of  medical  information
25    between  birth  parents  and birth relatives and the adoptive
26    parents and legal guardians of adopted or surrendered minors,
27    adult adopted or surrendered persons, and adoptive relatives.
28    The Department shall establish  rules  for  the  confidential
29    operation of the Illinois Adoption Registry and, from July 1,
30    1999  to  January 1, 2000, shall conduct a public information
31    campaign through public  service  announcements,  notices  on
32    driver's  license  renewal  applications,  and other forms of
33    media coverage to  inform  adopted  and  surrendered  persons
 
                            -4-               LRB9100454SMdvE
 1    born,  surrendered, or adopted in Illinois and their adoptive
 2    parents, legal guardians, birth parents, and birth  relatives
 3    of  the  provisions  of  this  amendatory  Act  of 1999.  The
 4    Illinois  Adoption   Registry   shall   also   establish   an
 5    informational  internet  site  where  interested  parties may
 6    access a summary of the provisions of this amendatory Act  of
 7    1999  and  download  all  necessary  application  forms.  The
 8    Illinois   Adoption   Registry   shall  maintain  statistical
 9    records, publish and circulate to  the  public  informational
10    material  about  the  function and operation of the Registry,
11    and  provide  interested  parties   with   Medical   Exchange
12    Questionnaires  and  all  other  Illinois  Adoption  Registry
13    applications  and  forms.  The  Registry shall forward to all
14    interested   parties   copies   of   any   Medical   Exchange
15    Questionnaires  submitted  to  the  Registry  prior  to   the
16    applicant's  registration  by  one  of  his or her biological
17    relatives.  If an adult adopted  or  surrendered  person  has
18    applied  to  the  Registry  and  one of his or her biological
19    relatives subsequently applies to the Registry, the  Illinois
20    Adoption  Registry shall be responsible for forwarding a copy
21    of the birth parent's or birth relative's Medical Information
22    Exchange Questionnaire to the adopted or  surrendered  person
23    or  the  adoptive  relative  at  the  address  shown on their
24    Illinois Adoption Registry Application.
25        (b)  Birth parent registration at the time  of  surrender
26    or  involuntary termination of parental rights.  On and after
27    January 1, 2000, at  the  time  a  child  is  surrendered  or
28    parental  rights  are  involuntarily  terminated, the agency,
29    Department of Children and Family Services, Court  Supportive
30    Services,  Juvenile  Division of the Circuit Court, Probation
31    Officers of the Circuit Court, or  any  other  party  to  the
32    surrender or consent to adoption shall request that the birth
33    parent   or  parents  register  with  the  Illinois  Adoption
34    Registry and Medical Information Exchange and complete  Parts
 
                            -5-               LRB9100454SMdvE
 1    I  and  II of the Illinois Adoption Registry Application.  If
 2    desired, the  birth  parent  or  parents  may  also  file  an
 3    Information  Exchange  Authorization  or Information Exchange
 4    Denial with the  Registry  at  any  time  after  a  child  is
 5    surrendered for adoption or parental rights are involuntarily
 6    terminated,  at  any time during the adoption proceedings, or
 7    at any time thereafter.  In the event that the  birth  parent
 8    is  unwilling  or  unable  to  complete Parts I and II of the
 9    Illinois   Adoption   Registry   Application,   the   agency,
10    Department of Children and Family Services, Court  Supportive
11    Services,  Juvenile  Division of the Circuit Court, Probation
12    Officers of the Circuit Court, attorney, or any  other  party
13    to  the  surrender or consent to adoption proceedings may, to
14    the best of their ability, complete parts I  and  II  of  the
15    Illinois Adoption Registry Application on behalf of the birth
16    parent.
17        (c)  Establishment   of  the  Adoption/Surrender  Records
18    File.  All records received by the Registry which pertain  to
19    an  individual  adoption  or surrender shall be placed into a
20    single Adoption/Surrender Records File. The Illinois Adoption
21    Registry shall establish  a  new  Adoption/Surrender  Records
22    File for:
23        (1)  each  adoption  finalized  by  a court action in the
24    State of Illinois on or after January 1, 2000; and
25        (2)  any adoption finalized prior to January 1, 2000  for
26    which  no  information is currently on file and for which the
27    adopted or surrendered person, or one of  his  or  her  birth
28    parents, adult birth or adoptive relatives, adoptive parents,
29    or  legal  guardians  has  registered  with  the Registry and
30    completed an Illinois Adoption Registry Application.
31        (d)  Contents of  the  Adoption/Surrender  Records  File.
32    The   Adoption/Surrender   Records  File  shall  contain  the
33    following items, to the extent that they are available:
34             (1)  Parts  I  and  II  of  any  Illinois   Adoption
 
                            -6-               LRB9100454SMdvE
 1        Registry  Application  which  has  been  completed by the
 2        adopted or surrendered person  or  his  or  her  adoptive
 3        parents,   legal   guardians,   birth  parents,  adoptive
 4        relative, or birth relatives  or  by  a  third  party  on
 5        behalf  of  the birth parent at the time of the surrender
 6        or involuntary termination of parental rights.
 7             (2)  Any written statements,  letters,  photographs,
 8        or  other  items provided by any interested party for the
 9        adopted or surrendered person or  his  or  her  birth  or
10        adoptive parents or relatives, or legal guardians  at the
11        time of registration or any time thereafter.
12             (3)  Any   Information   Exchange  Authorization  or
13        Information Exchange Denial which has been filed  by  the
14        adopted  or  surrendered  person  or any other interested
15        party at the time of registration or any time thereafter.
16             (4)  For all adoptions finalized  after  January  1,
17        2000,  a  copy  of  the  original  birth certificate, the
18        consent or surrender to adoption, or order of termination
19        of parental rights, and the judgment for adoption as well
20        as  the  Affidavit   of   Information   and   any   other
21        non-identifying  information  which  is  forwarded to the
22        Registry by any interested  party  at  the  time  of  the
23        adoption or any time thereafter.
24             (5)  Any   updated   addresses   submitted   by  any
25        interested party.
26             (6)  Any proof of death which has been submitted by:
27        an adoptive parent, adoptive relative, legal guardian, or
28        friend of an adopted or surrendered person in  the  event
29        of his or her death; a birth relative, legal guardian, or
30        friend of a deceased birth parent or birth sibling in the
31        event   of   his   or   her   death;  or  a  confidential
32        intermediary.

33        (750 ILCS 50/18.054 new)
 
                            -7-               LRB9100454SMdvE
 1        Sec. 18.054.  The Illinois Adoption Registry Application.
 2    The   Illinois   Adoption    Registry    Application    shall
 3    substantially include the following:
 4        (a)  Part I:  General Information.  The Illinois Adoption
 5    Registry  Application  shall  include  the  following general
 6    information subparts:
 7             (1)  A subpart for information about the  registrant
 8        including his or her surname, given name or names, social
 9        security  number, mailing address, home telephone number,
10        sex,  date  and  place  of  birth,  and   the   date   of
11        registration.    This  subpart  shall  also  include  the
12        address  and  telephone  number  of the Illinois Adoption
13        Registry.
14             (2)  A subpart for information to  be  completed  by
15        the  registrant if he or she is an adopted or surrendered
16        person 18 years of age or over, including,  if  known  to
17        the applicant, the state and county where the judgment of
18        adoption  was  finalized,  the surnames, given names, and
19        birthplaces of the adoptive parents, and the  adopted  or
20        surrendered person's birth name.
21             (3)  A  subpart  for  information to be completed by
22        the registrant if he or she is  the  adoptive  parent  or
23        legal  guardian of an adopted or surrendered person under
24        the of 18 or a birth parent or adult  birth  or  adoptive
25        relative   of  an  adopted  or  surrendered  person.   If
26        applicable and known to the registrant, this  information
27        shall include the maiden surname of the birth mother, any
28        subsequent  surnames  of the birth mother, the surname of
29        the birth father, the given name or names  of  the  birth
30        parents,  the  dates  and  places  of  birth of the birth
31        parents, the surname and  given  name  or  names  of  the
32        adopted  person  prior  to adoption, the sex and date and
33        place of birth of the adopted or surrendered person,  and
34        the  name  of  the  adopted  person  following his or her
 
                            -8-               LRB9100454SMdvE
 1        adoption.
 2        (b)  Part    II:     Medical     Information     Exchange
 3    Questionnaire.   In  recognition of the importance of medical
 4    information and of recent discoveries regarding  the  genetic
 5    origin  of  many  medical  conditions  and diseases, with the
 6    exception of adoptive parents registering less than one  year
 7    after  their  child's  adoption was finalized, all applicants
 8    shall be asked to complete  a  Medical  Information  Exchange
 9    Questionnaire.      The    Medical    Information    Exchange
10    Questionnaire  shall  include  an  exhaustive  check-list  of
11    genetically-transmitted  medical  conditions  and   diseases.
12    Birth parents and adult birth and adoptive relatives shall be
13    asked  to  indicate  all  genetically-inherited  diseases and
14    conditions on this list which are known  to  exist  in  their
15    biological families at the time of registration.
16        Adopted   and  surrendered  persons  and  their  adoptive
17    parents, legal guardians, and  adoptive  relatives  shall  be
18    required  to  indicate all genetically-inherited diseases and
19    medical conditions with  which  the  adopted  or  surrendered
20    person  or,  if  applicable,  his  or  her children have been
21    diagnosed since birth.  In addition, all birth parents  shall
22    be  apprised  of  the  Registry's  provisions  for submitting
23    information about their and their family's medical  histories
24    on a confidential, ongoing basis.
25        The  form and content of the Medical Information Exchange
26    Questionnaire shall be determined by the Illinois  Department
27    of  Public  Health  and  shall  include a Hereditary Diseases
28    Section that allows the applicant  to  indicate  any  medical
29    diseases  or  conditions  known  to exist in their biological
30    family, including, but not  limited  to  ADD/ADHD,  AIDS/HIV,
31    alcoholism,    allergies,   ALS   (Lou   Gehrig's   Disease),
32    Alzheimer's  Disease,  anemia,  arthritis,  asthma,   bipolar
33    disorder,  blood  disorders,  breast  cancer,  colon  cancer,
34    ovarian   cancer,   prostate   cancer,  skin  cancer,  cystic
 
                            -9-               LRB9100454SMdvE
 1    fibrosis,  clinical  depression,  diabetes,   diverticulitis,
 2    dyslexia,  eating  disorders,  eczema,  emphysema,  epilepsy,
 3    farsightedness,  gout,  hay  fever,  hearing disorders, heart
 4    disease, hemophilia, Huntington's Disease, hypertension (high
 5    blood  pressure),  hyperthyroidism,  hypothyroidism,   kidney
 6    disease,  learning  disabilities,  leukemia,  mental illness,
 7    muscular   diseases,   myopia   (nearsightedness),   obesity,
 8    obsessive/compulsive disorder, Parkinson's disease,  physical
 9    disabilities,  Rh factors, schizophrenia, sickle cell anemia,
10    seizure disorders,  speech  disabilities,  stroke,  substance
11    abuse,  Tay-Sachs  disease,  tuberculosis,  tumors  (benign),
12    tumors (malignant), Tourette's syndrome, and vitiligo.
13        (c)  Part III:  Written statement.  All registrants shall
14    be given the opportunity to file a written statement with the
15    Registry.   This statement may include any additional medical
16    data  or  any   known   social,   ethnic,   or   biographical
17    information,  and  be  submitted on the space provided on the
18    Information Exchange Authorization or in a  separate,  sealed
19    envelope.
20        (d)  Part  IV.  Contact information.  All registrants may
21    indicate  their  wishes  regarding  contact  with  any  other
22    interested  party  by  completing  an  Information   Exchange
23    Authorization,   an   Information   Exchange  Denial,  or  an
24    affidavit authorizing contact  by  a  certified  confidential
25    intermediary or other specified third party.
26             (1)  Information Exchange Authorization.  Adopted or
27        surrendered  persons  18  years  of age or over who would
28        welcome contact with one or more of their  birth  parents
29        or  other  adult birth relatives, birth parents and other
30        adult birth relatives who would welcome contact  with  an
31        adopted  or  surrendered  person,  or his or her adoptive
32        parents  or  legal  guardians  or  other  adult  adoptive
33        relatives, and adoptive parents  or  legal  guardians  of
34        adopted  or  surrendered  persons under the age of 18 who
 
                            -10-              LRB9100454SMdvE
 1        would welcome contact with  the  adopted  or  surrendered
 2        person's  birth parents or other birth relatives may file
 3        an Information Exchange Declaration at the  time  of  the
 4        adoption or surrender, or any time thereafter.
 5             (2)  Information   Exchange   Denial.    Adopted  or
 6        surrendered persons 18 years of age or over  who  do  not
 7        wish  to  establish  direct  contact  with one or more of
 8        their birth parents or other adult  birth  relatives  may
 9        file  an  Information Exchange Denial.  Birth parents and
10        other adult birth relatives who do not wish to  establish
11        direct contact with an adopted or surrendered person, his
12        or her adoptive parents or legal guardians, or his or her
13        other  adult  adoptive relatives, and adoptive parents or
14        legal guardians of adopted or surrendered  persons  under
15        the age of 18 who do not wish to establish direct contact
16        with the adopted or surrendered person's birth parents or
17        other  birth  relatives  may file an Information Exchange
18        Denial at the time of the adoption or surrender,  or  any
19        time thereafter.
20             Upon  receipt of an Information Exchange Denial, the
21        Illinois Adoption Registry shall provide  the  registrant
22        with a copy of the Information Exchange Denial Revocation
23        Form.   An  Information Exchange Denial may be revoked at
24        any  time,  without  charge,  by  filing  an  Information
25        Exchange Denial  Revocation  Form  or  by  notifying  the
26        Registry   in   writing  of  the  desire  to  revoke  the
27        Information  Exchange  Denial.   Requests  to  revoke  an
28        Information Exchange Denial shall  be  accompanied  by  a
29        photocopy  of  the  applicant's  current drivers license,
30        passport,  or  state-issued  photo  identification  card.
31        Information Exchange Denials filed by the adoptive parent
32        or legal guardian of an  adopted  or  surrendered  person
33        under  the  age  of  18  shall  expire  on the adopted or
34        surrendered person's 18th  birthday.  Unless  revoked  or
 
                            -11-              LRB9100454SMdvE
 1        expired,  Information  Exchange  Denials  shall remain in
 2        effect until 2 years after the death of  the  person  who
 3        filed the declaration.

 4        (750 ILCS 50/18.055 new)
 5        Sec.    18.055.     Effective   date   of   registration.
 6    Registration with the Illinois Adoption Registry and  Medical
 7    Information  Exchange  shall  become effective as soon as the
 8    applicant's completed Illinois Adoption Registry  Application
 9    has been filed with the Registry.

10        (750 ILCS 50/18.056 new)
11        Sec.  18.056.   Executing documents in foreign countries.
12    When an Information  Exchange  Authorization  or  Information
13    Exchange  Denial is filed in a foreign country, the execution
14    of the document shall be acknowledged or affirmed in a manner
15    in conformity with the law and procedure of that country.

16        (750 ILCS 50/18.057 new)
17        Sec. 18.057.  Executing documents in  the  military.   If
18    the  person  filing  an  Information  Exchange Declaration or
19    Information Exchange Denial is in the military service of the
20    United States,  the  execution  of  these  documents  may  be
21    acknowledged  before a commissioned officer and the signature
22    of  the  officer  on  the  document  shall  be  verified   or
23    acknowledged before a notary public or by any other procedure
24    in effect for that division or branch of the armed forces.

25        (750 ILCS 50/18.058 new)
26        Sec. 18.058.  Registry matches.
27        (a)  The  Registry  shall release identifying information
28    to the following registered parties and provide them  with  a
29    copy  of  the  other  party's  Medical  Information  Exchange
30    Questionnaire  as  well  as  any written statements, letters,
 
                            -12-              LRB9100454SMdvE
 1    photographs, or other items which have  been  placed  in  the
 2    Adoption/Surrender Records File and specifically intended for
 3    the registered parties:
 4             (i)  an  adult adopted or surrendered person and one
 5        of his or her birth parents or birth relatives  who  have
 6        both filed an Information Exchange Authorization with the
 7        Registry,   if  information  available  to  the  Registry
 8        confirms  that  the  consenting  adopted  or  surrendered
 9        person is a biological relative of the  consenting  birth
10        parent or relative;
11             (ii)  the  adoptive  parent  or legal guardian of an
12        adopted or surrendered person under the age of 18 and one
13        of his or her birth parents or birth relatives  who  have
14        both filed an Information Exchange Authorization with the
15        Registry,   if  information  available  to  the  Registry
16        confirms that the child of the consenting adoptive parent
17        or  legal  guardian  is  a  biological  relative  of  the
18        consenting birth parent or birth relative; or
19             (iii)  a birth  parent  or  birth  relative  and  an
20        adoptive  relative  who  have  both  filed an Information
21        Exchange Authorization with the Registry, if  information
22        available  to  the  Registry  confirms  that the deceased
23        adopted  person  was  a  biological   relative   of   the
24        consenting birth parent or birth relative.
25    All  eligible  adult  adopted  or  surrendered  persons whose
26    adoption was finalized prior to January 1, 2000, and who  are
27    the  subject  of a Registry match shall be issued an Illinois
28    Adoption Registry Authorization.
29        (b)  In the event that an interested party is the subject
30    of an Information Release Denial filed by  another  party  to
31    the  adoption,  the  Registry  shall  not release identifying
32    information to either registrant.  However, both  registrants
33    shall  be  provided  with a copy of the other party's Medical
34    Information Exchange Questionnaire as well  as  any  letters,
 
                            -13-              LRB9100454SMdvE
 1    pictures,   or  documents  which  have  been  placed  in  the
 2    Adoption/Surrender Records File and are specifically intended
 3    for them.

 4        (750 ILCS 50/18.059 new)
 5        Sec. 18.059.  Illinois Adoption Registry Authorization.
 6        (a)  In the event of a Registry match, adult  adopted  or
 7    surrendered persons whose birth parent's parental rights were
 8    terminated  prior  to  January  1,  2000,  shall be issued an
 9    Illinois  Adoption  Registry  Authorization.   The   Illinois
10    Adoption  Registry Authorization shall entitle the adopted or
11    surrendered person to receive a copy of his or  her  original
12    birth  certificate  from  the  Bureau of Vital Statistics; if
13    applicable, a copy of the  judgment  for  adoption  from  the
14    court  of  the  county  where the adoption was finalized; any
15    written statements,  letters,  photographs,  or  other  items
16    which  have been submitted to any agency or attorney that was
17    involved in the adoption proceedings  or  surrender  and  are
18    specifically  intended for the adopted or surrendered person;
19    and any medical or nursery records pertaining to the  adopted
20    or  surrendered person and histories of prior placement which
21    are in the possession of any  agency  or  attorney  that  was
22    involved in the adoption proceedings or surrender.
23        (b)  If  only  the  birth mother is named on the original
24    birth  certificate  and,  if  applicable,  the  judgment  for
25    adoption, and  the  adopted  or  surrendered  person  is  the
26    subject  of  an  Information Release Authorization filed with
27    the Registry by this  birth  parent,  the  Illinois  Adoption
28    Registry  shall  issue  the  adopted or surrendered person an
29    Authorization which entitles him or her to receive  unaltered
30    copies  of the original birth certificate and, if applicable,
31    the judgment for adoption.
32        (c)  If both the birth mother and birth father are  named
33    on  the  original  birth  certificate  or, if applicable, the
 
                            -14-              LRB9100454SMdvE
 1    judgment for adoption, and both birth parents have  filed  an
 2    Information  Release  Authorization  with  the  Registry, the
 3    Illinois  Adoption  Registry  shall  issue  the  adopted   or
 4    surrendered person an Authorization which entitles him or her
 5    to receive unaltered copies of the original birth certificate
 6    and, if applicable, the judgment for adoption.
 7        (d)  If  both the birth mother and birth father are named
 8    on the original birth  certificate  or,  if  applicable,  the
 9    judgment  for adoption, and only one of the birth parents has
10    filed an Information Release Authorization with the Registry,
11    the adopted or surrendered person shall have the option of:
12             (1)  Requesting that his or  her  Illinois  Adoption
13        Registry Authorization specify that the name of the birth
14        parent   who   has   not  filed  an  Information  Release
15        Authorization with  the  Illinois  Adoption  Registry  be
16        deleted  from  the  original  birth  certificate  and, if
17        applicable, the  judgment  for  adoption  issued  to  the
18        adopted or surrendered person.
19             (2)  Providing a proof of death for the birth parent
20        who  has  not  filed an Information Release Authorization
21        with the Registry.  Upon receipt of this proof of  death,
22        the   Illinois   Adoption   Registry   shall   issue   an
23        Authorization entitling the adopted or surrendered person
24        to   receive  unaltered  copies  of  the  original  birth
25        certificate  and,  if  applicable,   the   judgment   for
26        adoption.
27        (e)  If  the  person  who  is the subject of the Registry
28    match is a birth  relative  rather  than  one  of  the  birth
29    parents,  the  issuance  of  an  Illinois  Adoption  Registry
30    Authorization   shall  be  contingent  upon  the  adopted  or
31    surrendered person providing a proof of death or  Information
32    Release  Authorization  for  all  birth  parents named on the
33    original  birth  certificate.   The  adopted  or  surrendered
34    person shall also have the option of requesting that  his  or
 
                            -15-              LRB9100454SMdvE
 1    her Illinois Adoption Registry Authorization specify that the
 2    given name and surname of any birth parent for which no proof
 3    of  death  or  Information  Release  Authorization  has  been
 4    submitted  be  deleted  from  copies  of  the  original birth
 5    certificate and the judgment for adoption which are issued to
 6    the adopted or surrendered person.

 7        (750 ILCS 50/18.060 new)
 8        Sec. 18.060.  Registration fee.    A  $40  fee  shall  be
 9    charged  for  registering with the Illinois Adoption Registry
10    and Medical Information Exchange.  However this fee shall  be
11    waived for all adult adopted or surrendered persons, adoptive
12    parents,  adoptive relatives, legal guardians, birth parents,
13    and birth relatives who complete  Part  II  of  the  Illinois
14    Adoption Registry Application at the time of registration, as
15    well as for all birth parents registering or being registered
16    by  a  third  party  within  12  months of the termination of
17    parental rights, and adoptive parents registering  within  12
18    months  of the finalization of the adoption.  All persons who
19    were registered with the Illinois Adoption Registry prior  to
20    the  effective  date  of  this amendatory Act of 1999 and who
21    wish to update their registration may do so without charge.

22        (750 ILCS 50/18.061 new)
23        Sec. 18.061.  Exemption  from  liability.   No  liability
24    shall  accrue  to  the State, any agency or employee thereof,
25    any private agency, or any attorney for acts or efforts  made
26    in good faith within the scope of this amendatory Act of 1999
27    and pursuant to its provisions.

28        (750 ILCS 50/18.062 new)
29        Sec.   18.062.    Effective  date  of  entitlement.   The
30    effective date of entitlement of any person  to  an  Illinois
31    Adoption Registry Authorization shall be March 1, 2000.
 
                            -16-              LRB9100454SMdvE
 1        (750 ILCS 50/18.063 new)
 2        Sec.  18.063.   Illinois  Adoption  Registry  and Medical
 3    Information Exchange Fund.  There is hereby  created  in  the
 4    State  treasury  a  special  fund to be known as the Illinois
 5    Adoption Registry and Medical Information Exchange Fund.  All
 6    fees collected by the Illinois Adoption Registry  under  this
 7    amendatory  Act  of  1999  shall  be deposited into the Fund.
 8    Subject to appropriation, the amounts in the  Fund  shall  be
 9    used by the Department of Public Health to conduct activities
10    related  to  maintaining  the  Illinois Adoption Registry and
11    Medical Information Exchange and issuing  any  documents  and
12    forms related to this amendatory Act of 1999.

13        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
14        Sec. 18.3a.  Confidential intermediary.
15        (a)  General   purposes.    Notwithstanding   any   other
16    provision  of this Act, any adoptee over the age of 18 or any
17    adoptive parent or legal guardian of an adoptee under the age
18    of  18  may  petition  the  court  for   appointment   of   a
19    confidential intermediary as provided in this Section for the
20    purpose of obtaining from one or both biological parents or a
21    sibling or siblings of the adoptee information concerning the
22    background  of  a  psychological or genetically-based medical
23    problem  experienced  or  which  may  be   expected   to   be
24    experienced  in  the  future  by  the  adoptee  or  obtaining
25    assistance in treating such a problem.
26        (b)  Petition.   The  court  shall appoint a confidential
27    intermediary for the purposes described in subsection (f)  if
28    the petitioner shows the following:
29             (1)  the  adoptee is suffering or may be expected to
30        suffer  in  the  future  from   a   life-threatening   or
31        substantially  incapacitating  physical  illness  of  any
32        nature,   or   a   psychological   disturbance  which  is
33        substantially incapacitating but not life-threatening, or
 
                            -17-              LRB9100454SMdvE
 1        a mental illness which, in the  opinion  of  a  physician
 2        licensed  to practice medicine in all its branches, is or
 3        could be genetically based to a significant degree;
 4             (2)  the treatment of the adoptee, in the opinion of
 5        a physician licensed to practice medicine in all  of  its
 6        branches,  would  be  materially  assisted by information
 7        obtainable from the biological parents or  might  benefit
 8        from  the  provision  of  organs or other bodily tissues,
 9        materials, or fluids by the biological parents  or  other
10        close biological relatives; and
11             (3)  there   is   neither  an  Information  Exchange
12        Authorization nor a Denial of Information Exchange  filed
13        in the Registry as provided in Section 18.054 18.1.
14        The  affidavit  or  testimony  of  the treating physician
15    shall be conclusive on the issue of the  utility  of  contact
16    with  the  biological parents unless the court finds that the
17    relationship between  the  illness  to  be  treated  and  the
18    alleged need for contact is totally without foundation.
19        (c)  Fees  and  expenses.   The court shall condition the
20    appointment of the confidential intermediary on  the  payment
21    of  the  intermediary's  fees and expenses in advance, unless
22    the intermediary waives the right to full advance payment  or
23    to any reimbursement at all.
24        (d)  Eligibility  of intermediary.  The court may appoint
25    as  confidential  intermediary  either  an  employee  of  the
26    Illinois  Department  of   Children   and   Family   Services
27    designated  by  the  Department  to  serve as such, any other
28    person certified by the Department as qualified to serve as a
29    confidential intermediary, or  any  employee  of  a  licensed
30    child  welfare agency certified by the agency as qualified to
31    serve as a confidential intermediary.
32        (e)  Access.  Notwithstanding any other provision of law,
33    the  confidential  intermediary  shall  have  access  to  all
34    records of the court or any agency, public or private,  which
 
                            -18-              LRB9100454SMdvE
 1    relate  to  the  adoption or the identity and location of any
 2    biological parent.
 3        (f)  Purposes of contact.  The confidential  intermediary
 4    has only the following powers and duties:
 5             (1)  To  contact  one  or  both  biological parents,
 6        inform the parent or parents of the basic medical problem
 7        of the adoptee and  the  nature  of  the  information  or
 8        assistance  sought from the biological parent, and inform
 9        the parent or parents of the following options:
10                  (A)  The biological parent may  totally  reject
11             the  request for assistance or information, or both,
12             and no disclosure of identity or location  shall  be
13             made to the petitioner.
14                  (B)  The   biological   parent   may   file  an
15             Information Exchange Authorization  as  provided  in
16             Section  18.054  18.1. The confidential intermediary
17             shall  explain  to   the   biological   parent   the
18             consequences  of  such  a filing, including that the
19             biological parent's identity will be  available  for
20             discovery  by  the adoptee. If the biological parent
21             agrees to this option, the confidential intermediary
22             shall supply the parent with the appropriate  forms,
23             shall be responsible for their immediate filing with
24             the  Registry,  and  shall  inform the petitioner of
25             their filing.
26                  (C)  If the biological parent wishes to provide
27             the information or assistance sought  but  does  not
28             wish his or her identity disclosed, the confidential
29             intermediary shall arrange for the disclosure of the
30             information  or  the  provision  of assistance in as
31             confidential a manner as possible so as  to  protect
32             the  privacy  of  the biological parent and minimize
33             the  likelihood  of  disclosure  of  the  biological
34             parent's identity.
 
                            -19-              LRB9100454SMdvE
 1             (2)  If a biological parent so desires,  to  arrange
 2        for   a  confidential  communication  with  the  treating
 3        physician  to  discuss  the  need   for   the   requested
 4        information or assistance.
 5             (3)  If  a  biological  parent agrees to provide the
 6        information or assistance sought but wishes  to  maintain
 7        his  or  her privacy, to arrange for the provision of the
 8        information  or  assistance  to  the  physician   in   as
 9        confidential  a  manner  as possible so as to protect the
10        privacy  of  the  biological  parent  and  minimize   the
11        likelihood  of  disclosure  of  the  biological  parent's
12        identity.
13        (g)  Oath.   The  confidential intermediary shall sign an
14    oath of confidentiality substantially as follows:
15             "I, .........., being duly sworn, on oath depose and
16        say:  As a condition of  appointment  as  a  confidential
17        intermediary, I affirm that:
18             (1)  I will not disclose to the petitioner, directly
19        or  indirectly,  any  information  about  the identity or
20        location of the biological  parent  whose  assistance  is
21        being  sought  for  medical  reasons  except  in a manner
22        consistent with the law.
23             (2)  I  recognize  that  violation  of   this   oath
24        subjects  me  to  civil  liability  and to being found in
25        contempt of court.
26                                 ................................

27             SUBSCRIBED AND SWORN to before me, a Notary Public,
28        on (insert date). this ..... day of .........., 19...
29                                ................................"
30        (h)  Sanctions.
31             (1)  Any confidential  intermediary  who  improperly
32        discloses  information  identifying  a  biological parent
33        shall be liable to the biological parent for damages  and
34        may also be found in contempt of court.
 
                            -20-              LRB9100454SMdvE
 1             (2)  Any  physician  or  other  person  who learns a
 2        biological parent's  identity,  directly  or  indirectly,
 3        through  the  use  of procedures provided in this Section
 4        and who improperly discloses information identifying  the
 5        biological  parent  shall  be  liable  to  the biological
 6        parent for actual damages plus minimum  punitive  damages
 7        of $10,000.
 8        (i)  Death  of  biological  parent.  Notwithstanding  any
 9    other provision of this Act, if the confidential intermediary
10    discovers  that  the  person  whose  assistance is sought has
11    died, he or she shall report this fact to  the  court,  along
12    with a copy of the death certificate if possible.
13    (Source: P.A. 86-1451; revised 10-20-98.)

14        (750 ILCS 5/18.1 rep.)
15        (750 ILCS 5/18.3 rep.)
16        (750 ILCS 5/18.5 rep.)
17        (750 ILCS 5/18.6 rep.)
18        Section  15.   The  Adoption  Act is amended by repealing
19    Sections 18.1, 18.3, 18.5, and 18.6.

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.
 
                            -21-              LRB9100454SMdvE
 1                                INDEX
 2               Statutes amended in order of appearance
 3    30 ILCS 105/5.490 new
 4    750 ILCS 50/18.051 new
 5    750 ILCS 50/18.052 new
 6    750 ILCS 50/18.053 new
 7    750 ILCS 50/18.054 new
 8    750 ILCS 50/18.055 new
 9    750 ILCS 50/18.057 new
10    750 ILCS 50/18.058 new
11    750 ILCS 50/18.059 new
12    750 ILCS 50/18.060 new
13    750 ILCS 50/18.061 new
14    750 ILCS 50/18.062 new
15    750 ILCS 50/18.063 new
16    750 ILCS 50/18.3a         from Ch. 40, par. 1522.3a
17    750 ILCS 5/18.1 rep.
18    750 ILCS 5/18.3 rep.
19    750 ILCS 5/18.5 rep.
20    750 ILCS 5/18.6 rep.

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