[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]||[ Senate Amendment 001 ]|
91_HB0631enr HB0631 Enrolled 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 7. The Illinois Vehicle Code is amended by 10 changing Section 6-115 as follows: 11 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115) 12 Sec. 6-115. Expiration of driver's license. 13 (a) Except as provided elsewhere in this Section, every 14 driver's license issued under the provisions of this Code 15 shall expire 4 years from the date of its issuance, or at 16 such later date, as the Secretary of State may by proper rule 17 and regulation designate, not to exceed 12 calendar months; 18 in the event that an applicant for renewal of a driver's 19 license fails to apply prior to the expiration date of the 20 previous driver's license, the renewal driver's license shall 21 expire 4 years from the expiration date of the previous 22 driver's license, or at such later date as the Secretary of 23 State may by proper rule and regulation designate, not to 24 exceed 12 calendar months. 25 The Secretary of State may, however, issue to a person 26 not previously licensed as a driver in Illinois a driver's 27 license which will expire not less than 4 years nor more than 28 5 years from date of issuance, except as provided elsewhere 29 in this Section. HB0631 Enrolled -2- LRB9100454SMdvE 1 The Secretary of State is authorized to issue driver's 2 licenses during the years 1984 through 1987 which shall 3 expire not less than 3 years nor more than 5 years from the 4 date of issuance, except as provided elsewhere in this 5 Section, for the purpose of converting all driver's licenses 6 issued under this Code to a 4 year expiration. Provided that 7 all original driver's licenses, except as provided elsewhere 8 in this Section, shall expire not less than 4 years nor more 9 than 5 years from the date of issuance. 10 (b) Before the expiration of a driver's license, except 11 those licenses expiring on the individual's 21st birthday, or 12 3 months after the individual's 21st birthday, the holder 13 thereof may apply for a renewal thereof, subject to all the 14 provisions of Section 6-103, and the Secretary of State may 15 require an examination of the applicant. A licensee whose 16 driver's license expires on his 21st birthday, or 3 months 17 after his 21st birthday, may not apply for a renewal of his 18 driving privileges until he reaches the age of 21. 19 (c) The Secretary of State shall, 30 days prior to the 20 expiration of a driver's license, forward to each person 21 whose license is to expire a notification of the expiration 22 of said license which may be presented at the time of renewal 23 of said license. 24 There may be included with such notification information 25 explaining the anatomical gift and Emergency Medical 26 Information Card provisions of Section 6-110. The format and 27 text of such information shall be prescribed by the 28 Secretary. 29 There shall be included with such notification, for a 30 period of 4 years beginning January 1, 2000 information 31 regarding the Illinois Adoption Registry and Medical 32 Information Exchange established in Section 18.1 of the 33 Adoption Act. 34 (d) The Secretary may defer the expiration of the HB0631 Enrolled -3- LRB9100454SMdvE 1 driver's license of a licensee, spouse, and dependent 2 children who are living with such licensee while on active 3 duty, serving in the Armed Forces of the United States 4 outside of the State of Illinois, and 45 days thereafter, 5 upon such terms and conditions as the Secretary may 6 prescribe. 7 (e) The Secretary of State may decline to process a 8 renewal of a driver's license of any person who has not paid 9 any fee or tax due under this Code and is not paid upon 10 reasonable notice and demand. 11 (f) The Secretary shall provide that each original or 12 renewal driver's license issued to a licensee under 21 years 13 of age shall expire 3 months after the licensee's 21st 14 birthday. Persons whose current driver's licenses expire on 15 their 21st birthday on or after January 1, 1986 shall not 16 renew their driver's license before their 21st birthday, and 17 their current driver's license will be extended for an 18 additional term of 3 months beyond their 21st birthday. 19 Thereafter, the expiration and term of the driver's license 20 shall be governed by subsection (a) hereof. 21 (g) The Secretary shall provide that each original or 22 renewal driver's license issued to a licensee 81 years of age 23 through age 86 shall expire 2 years from the date of 24 issuance, or at such later date as the Secretary may by rule 25 and regulation designate, not to exceed an additional 12 26 calendar months. The Secretary shall also provide that each 27 original or renewal driver's license issued to a licensee 87 28 years of age or older shall expire 12 months from the date of 29 issuance, or at such later date as the Secretary may by rule 30 and regulation designate, not to exceed an additional 12 31 calendar months. 32 (Source: P.A. 86-467.) 33 Section 10. The Adoption Act is amended by changing HB0631 Enrolled -4- LRB9100454SMdvE 1 Sections 18.1, 18.2, 18.3, 18.3a, 18.4a, 18.5, and 18.6 and 2 by adding Sections 18.04, 18.05, 18.06, 18.07, 18.1a, 18.1b, 3 18.1c, 18.7, and 18.8 as follows: 4 (750 ILCS 50/18.04 new) 5 Sec. 18.04. The Illinois Adoption Registry and Medical 6 Information Exchange; legislative intent. The General 7 Assembly recognizes the importance of creating a procedure by 8 which mutually consenting adult members of birth families, 9 adoptive parents and legal guardians of adopted and 10 surrendered children, and adult adopted or surrendered 11 persons may voluntarily exchange vital medical information 12 throughout the life of the adopted or surrendered person. 13 The General Assembly supports public policy that requires 14 explicit mutual consent prior to the release of confidential 15 information. The General Assembly further recognizes that it 16 is in the best interest of adopted and surrendered persons 17 that birth family medical histories and the preferences 18 regarding contact of all parties to an adoption be compiled, 19 preserved and provided to mutually consenting adoptive 20 parents and legal guardians of adopted or surrendered 21 children and to adult adopted or surrendered persons and 22 their birth parents and siblings. The purpose of this 23 amendatory Act of 1999 is to respond to these concerns by 24 enhancing the Adoption Registry and creating the voluntary 25 Medical Information Exchange. 26 (750 ILCS 50/18.05 new) 27 Sec. 18.05. The Illinois Adoption Registry and Medical 28 Information Exchange. 29 (a) General function. Subject to appropriation, the 30 Department of Public Health shall redefine the function of 31 the Illinois Adoption Registry and create the Medical 32 Information Exchange in the manner outlined in subsections HB0631 Enrolled -5- LRB9100454SMdvE 1 (b) and (c) for the purpose of facilitating the voluntary 2 exchange of medical information between mutually consenting 3 birth parents or birth siblings and mutually consenting 4 adoptive parents or legal guardians of adopted or surrendered 5 persons under the age of 21 or adopted or surrendered persons 6 21 years of age or over. The Department shall establish rules 7 for the confidential operation of the Illinois Adoption 8 Registry. Beginning January 1, 2000, the Department shall 9 conduct a public information campaign through public service 10 announcements and other forms of media coverage and, for a 11 minimum of 4 years, through notices enclosed with driver's 12 license renewal applications, shall inform adopted and 13 surrendered persons born, surrendered, or adopted in Illinois 14 and their adoptive parents, legal guardians, birth parents 15 and birth siblings of the Illinois Adoption Registry and 16 Medical Information Exchange. The Department shall notify 17 all parties who registered with the Illinois Adoption 18 Registry prior to January 1, 2000 of the provisions of this 19 amendatory Act of 1999. The Illinois Adoption Registry shall 20 also maintain an informational Internet site where interested 21 parties may access information about the Illinois Adoption 22 Registry and Medical Information Exchange and download all 23 necessary application forms. The Illinois Adoption Registry 24 shall maintain statistical records regarding Registry 25 participation and publish and circulate to the public 26 informational material about the function and operation of 27 the Registry. 28 (b) Establishment of the Adoption/Surrender Records 29 File. When a person has voluntarily registered with the 30 Illinois Adoption Registry and completed an Illinois Adoption 31 Registry Application or a Registration Identification Form, 32 the Registry shall establish a new Adoption/Surrender Records 33 File. Such file may concern an adoption that was finalized 34 by a court action in the State of Illinois, an adoption of a HB0631 Enrolled -6- LRB9100454SMdvE 1 person born in Illinois finalized by a court action in a 2 state other than Illinois or in a foreign country, or a 3 surrender taken in the State of Illinois. Such file may be 4 established for adoptions or surrenders finalized prior to as 5 well as after the effective date of this amendatory Act of 6 1999. A file may be created in any manner to preserve 7 documents including but not limited to microfilm, optical 8 imaging, or electronic documents. 9 (c) Contents of the Adoption/Surrender Records File. An 10 established Adoption/Surrender Records File shall be limited 11 to the following items, to the extent that they are 12 available: 13 (1) The General Information Section and Medical 14 Information Exchange Questionnaire of any Illinois 15 Adoption Registry Application or a Registration 16 Identification Form which has been voluntarily completed 17 by the adopted or surrendered person or his or her 18 adoptive parents, legal guardians, birth parents, or 19 birth siblings. 20 (2) Any photographs voluntarily provided by any 21 registrant for the adopted or surrendered person or his 22 or her adoptive parents, legal guardians, birth parents, 23 or birth siblings at the time of registration or any time 24 thereafter. All such photographs shall be submitted in an 25 unsealed envelope no larger than 8 1/2" x 11", and shall 26 not include identifying information pertaining to any 27 person other than the registrant who submitted them. Any 28 such identifying information shall be redacted by the 29 Department or the information shall be returned for 30 removal of identifying information. 31 (3) Any Information Exchange Authorization or 32 Denial of Information Exchange which has been filed by a 33 registrant. 34 (4) For all adoptions finalized after January 1, HB0631 Enrolled -7- LRB9100454SMdvE 1 2000, copies of the original certificate of live birth 2 and the certificate of adoption. 3 (5) Any updated address submitted by any registered 4 party about himself or herself. 5 (6) Any proof of death which has been submitted by 6 an adopted or surrendered person, adoptive parent, legal 7 guardian, birth parent, or birth sibling. 8 (750 ILCS 50/18.06 new) 9 Sec. 18.06. Definitions. When used in Sections 18.05 10 through Section 18.6, for the purposes of the Registry: 11 "Adopted person" means a person who was adopted pursuant 12 to the laws in effect at the time of the adoption. 13 "Adoptive parent" means a person who has become a parent 14 through the legal process of adoption. 15 "Agency" means a public child welfare agency or a 16 licensed child welfare agency. 17 "Birth father" means the biological father of an adopted 18 or surrendered person who is named on the original 19 certificate of live birth or on a consent or surrender 20 document, or a biological father whose paternity has been 21 established by a judgment or order of the court, pursuant to 22 the Illinois Parentage Act of 1984. 23 "Birth mother" means the biological mother of an adopted 24 or surrendered person. 25 "Birth parent" means a birth mother or birth father of an 26 adopted or surrendered person. 27 "Birth sibling" means the adult full or half sibling of 28 an adopted or surrendered person. 29 "Denial of Information Exchange" means an affidavit 30 completed by a registrant with the Illinois Adoption Registry 31 and Medical Information Exchange denying the release of 32 identifying information. 33 "Information Exchange Authorization" means an affidavit HB0631 Enrolled -8- LRB9100454SMdvE 1 completed by a registrant with the Illinois Adoption Registry 2 and Medical Information Exchange authorizing the release of 3 identifying information. 4 "Medical Information Exchange Questionnaire" means the 5 medical history questionnaire completed by a registrant of 6 the Illinois Adoption Registry and Medical Information 7 Exchange. 8 "Proof of death" means a death certificate. 9 "Registrant" or "Registered Party" means a birth parent, 10 birth sibling, adopted or surrendered person over the age of 11 21, or adoptive parent or legal guardian of an adopted or 12 surrendered person under the age of 21 who has filed an 13 Illinois Adoption Registry Application or Registration 14 Identification Form with the Registry. 15 "Surrendered person" means a person whose parents' rights 16 have been surrendered or terminated but who has not been 17 adopted. 18 (750 ILCS 50/18.07 new) 19 Sec. 18.07. Adoption Registry Advisory Council. There 20 is established an Adoption Registry Advisory Council. The 21 Council shall be chaired by the Director of the Department of 22 Public Health or his designee. The Council shall include the 23 Director of the Department of Children and Family Services or 24 his designee. The Council shall also include one 25 representative from each of the following organizations: 26 Adoption Advocates of Illinois, Adoptive Families Today, 27 American Adoption Congress, Catholic Conference of Illinois, 28 Chicago Area Families for Adoption, Chicago Bar Association, 29 Child Care Association of Illinois, Children Remembered, 30 Inc., Children's Home and Aid Society of Illinois, Child 31 Welfare Advisory Council, The Cradle, Healing Hearts, 32 Illinois Foster Parents Association, Illinois State Bar 33 Association, Illinois State Medical Society, Jewish HB0631 Enrolled -9- LRB9100454SMdvE 1 Children's Bureau, Kids Help Foundation, LDS Social Services, 2 Lutheran Social Services of Illinois, Maryville Academy, 3 Midwest Adoption Center, St. Mary's Services, Stars of David, 4 and Truthseekers in Adoption. 5 If any one of the above named organizations notifies the 6 Director of the Department of Public Health in writing that 7 the organization does not wish to participate on the Advisory 8 Council or that the organization is no longer functioning, 9 the Director shall appoint another organization that 10 represents the same constituency as the named organization to 11 replace the named organization on the Council. 12 The Council's responsibilities shall include the following: 13 1) Advising the Department on the development of rules, 14 procedures, and forms utilized by the Illinois Adoption 15 Registry and Medical Information Exchange; 16 2) Making recommendations regarding the procedures, 17 tools and technology that will ensure efficient and 18 effective operation of the Registry; 19 3) Submitting a report to the Governor and the General 20 Assembly no later than January 1, 2001, on the status of 21 the Registry, an evaluation of the effectiveness of the 22 Registry, and pertinent statistics regarding the 23 Registry; 24 4) Assisting the Department with the development, 25 publication, and circulation of an informational pamphlet 26 that describes the purpose, function, and mechanics of 27 the Illinois Adoption Registry and Medical Information 28 Exchange, including information about who is eligible to 29 register and how to register; information about the 30 questions and concerns that registrants may develop when 31 they register or when they receive information from the 32 Registry; and a list of services, programs, groups, and 33 informational websites that are available to assist 34 registrants with their questions and concerns. HB0631 Enrolled -10- LRB9100454SMdvE 1 (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1) 2 Sec. 18.1. Disclosure of identifying information. 3 (a) The Department of Public Health shall establish and 4 maintain a Registry for the purpose of providing identifying 5 information to mutually consenting adult adopted or 6 surrendered persons, birth parents, adoptive parents, legal 7 guardians and birth siblings
children surrendered for8 adoption or adoptees and biological parents and to mutually9 consenting biological siblings. Identifying information for 10 the purpose of this Act shall mean any one or more of the 11 following: 12 (1) onlyThe name and last known address of the 13 consenting person or persons. 14 (2) A copy of the Illinois Adoption Registry 15 Application of the consenting person or persons. 16 (3) A copy of the original certificate of live 17 birth of the adopted person. 18 Written authorization from all parties identified must be 19 received prior to disclosure of any identifying information. 20 (b) At any time after a child is surrendered for 21 adoption, or at any time during the adoption proceedings or 22 at any time thereafter, either birth biologicalparent or 23 both of them may file with the Registry a Birth Biological24 Parent Registration Identification Form and an Information 25 Exchange Authorization or a Denial of Information Exchange. 26 (b-5) A birth sibling 21 years of age or over who was 27 not surrendered for adoption and who has submitted proof of 28 death for a deceased birth parent and such birth parent did 29 not file a Denial of Information Exchange with the Registry 30 prior to his or her death may file a Registration 31 Identification Form and an Information Exchange Authorization 32 or a Denial of Information Exchange. 33 (c) Any adopted person over the age of 21 adoptee, or 34 any surrendered person over the age of 21 child who has beenHB0631 Enrolled -11- LRB9100454SMdvE 1 surrendered for adoption but not adopted ("surrendered2 child"), or any adoptive parent or legal guardian of an 3 adopted or surrendered person under the age of 21 may file 4 with the Registry a an AdopteeRegistration Identification 5 Form or a Surrendered Child Registration Identification Form6 and an Information Exchange Authorization or a Denial of 7 Information Exchange. if such adoptee or surrendered child is8 21 years of age or over; or, if over 18 years of age and9 under 21 years of age, if there is attached to the10 Information Exchange Authorization (1) written consent of11 both adoptive parents, or (2) written consent of a single12 adoptive parent with a certified copy of the Judgment of13 Adoption, or (3) proof of the death of one adoptive parent14 and written consent of the surviving adoptive parent, or (4)15 written consent of the guardian of the adoptee or surrendered16 child with a certified copy of the Order of Guardianship.17 (d) The Department of Public Health shall supply to the 18 adopted adopteeor surrendered person or his or her adoptive 19 parents or legal guardians childand to the birth biological20 parents identifying information only if both the adopted 21 adopteeor surrendered person childor his or her adoptive 22 parents or legal guardians and the birth biologicalparents 23 have filed with the Registry an Information Exchange 24 Authorization and the information at the Registry indicates 25 that the consenting adopted adopteeor surrendered person 26 childor the child of the consenting adoptive parents or 27 legal guardians is the child of the consenting birth 28 biologicalparents. 29 The Department of Public Health shall supply to adopted 30 adopteesor surrendered persons childrenwho are birth 31 biologicalsiblings identifying information only if both 32 siblings have filed with the Registry an Information Exchange 33 Authorization and the information at the Registry indicates 34 that the consenting siblings have one or both birth HB0631 Enrolled -12- LRB9100454SMdvE 1 biologicalparents in common. Identifying information shall 2 be supplied to consenting birth biologicalsiblings who were 3 adopted or surrendered if any such sibling is 21 years of age 4 or over ; or, if over 18 years of age and under 21 years of5 age, if there is attached to the Information Exchange6 Authorization (1) written consent of both adoptive parents,7 or (2) written consent of a single adoptive parent with a8 certified copy of the Judgment of Adoption, or (3) proof of9 the death of one adoptive parent and written consent of the10 surviving adoptive parent, or (4) written consent of the11 guardian of the adoptee or surrendered child with a certified12 copy of the Order of Guardianship. Identifying information 13 shall be supplied to consenting birth siblings who were not 14 adopted or surrendered if any such sibling is 21 years of age 15 or over and has proof of death of the common birth parent and 16 such birth parent did not file a Denial of Information 17 Exchange with the Registry prior to his or her death. 18 (e) A birth biologicalparent, birth sibling, adopted 19 adopteeor surrendered person or their adoptive parents or 20 legal guardians childmay notify the Registry of his or her 21 desire not to have his or her identity revealed or may revoke 22 any previously filed Information Exchange Authorization by 23 completing and filing with the Registry a Registry 24 Identification Form along with a Denial of Information 25 Exchange. The Illinois Adoption Registry Application does not 26 need to be completed in order to file a Denial of Information 27 Exchange. Any adopted or adoptee,surrendered person or his 28 or her adoptive parents or legal guardians, childbirth 29 sibling or birth biologicalparent may revoke a Denial of 30 Information Exchange by filing an Information Exchange 31 Authorization. The Department of Public Health shall act in 32 accordance with the most recently filed Authorization. 33 (f) Identifying information ascertained from the 34 Registry shall be confidential and may be disclosed only (1) HB0631 Enrolled -13- LRB9100454SMdvE 1 upon a Court Order, which order shall name the person or 2 persons entitled to the information, or (2) to the adopted or 3 adoptee,surrendered person child, adoptive parents or legal 4 guardians, birth adopted or surrenderedsibling, or birth 5 biologicalparent if both the adopted or surrendered person 6 or his or her adoptive parents or legal guardians adoptee, or7 surrendered child, and his or her birth biologicalparent, or 8 both, birth adopted or surrenderedsiblings, have filed with 9 the Registry an Information Exchange Authorization, or (3) as 10 authorized under subsection (h) of Section 18.3 of this Act. 11 A copy of the certificate of live birth shall only be 12 released to an adopted person who was born in Illinois and 13 who is the subject of an Information Exchange Authorization 14 filed by one of his or her birth parents or non-surrendered 15 birth siblings. Any person who willfully provides 16 unauthorized disclosure of any information filed with the 17 Registry or who knowingly or intentionally files false 18 information with the Registry shall be guilty of a Class A 19 misdemeanor and shall be liable for damages. 20 (g) If information is disclosed pursuant to this Act, 21 the Department shall redact it to remove any identifying 22 information about any party who has not consented to the 23 disclosure of such identifying information. 24 (Source: P.A. 86-1451.) 25 (750 ILCS 50/18.1a new) 26 Sec. 18.1a. Registry matches. 27 (a) The Registry shall release identifying information, 28 as specified on the Information Exchange Authorization, to 29 the following mutually consenting registered parties and 30 provide them with any photographs which have been placed in 31 the Adoption/Surrender Records File and are specifically 32 intended for the registered parties: 33 (i) an adult adopted or surrendered person and one HB0631 Enrolled -14- LRB9100454SMdvE 1 of his or her birth parents or birth siblings who have 2 both filed an applicable Information Exchange 3 Authorization specifying the other consenting party with 4 the Registry, if information available to the Registry 5 confirms that the consenting adopted or surrendered 6 person is a birth relative of the consenting birth parent 7 or sibling; 8 (ii) the adoptive parent or legal guardian of an 9 adopted or surrendered person under the age of 21 and one 10 of his or her birth parents or birth siblings who have 11 both filed an Information Exchange Authorization 12 specifying the other consenting party with the Registry, 13 if information available to the Registry confirms that 14 the child of the consenting adoptive parent or legal 15 guardian is a birth relative of the consenting birth 16 parent or birth sibling. 17 (b) If a registrant is the subject of a Denial of 18 Information Exchange filed by another party to the adoption, 19 the Registry shall not release identifying information to 20 either registrant. 21 (c) If a registrant has completed a Medical Information 22 Exchange Questionnaire and has consented to its disclosure, 23 that Questionnaire shall be released to any registered party 24 who has indicated their desire to receive such information on 25 his or her Illinois Adoption Registry Application, if 26 information available to the Registry confirms that the 27 consenting parties are birth relatives or that the consenting 28 birth relative and the child of the consenting, adoptive 29 parents or legal guardians are birth relatives. 30 (750 ILCS 50/18.1b new) 31 Sec. 18.1b. The Illinois Adoption Registry Application. 32 The Illinois Adoption Registry Application shall 33 substantially include the following: HB0631 Enrolled -15- LRB9100454SMdvE 1 (a) General Information. The Illinois Adoption Registry 2 Application shall include the space to provide Information 3 about the registrant including his or her surname, given name 4 or names, social security number (optional), mailing address, 5 home telephone number, gender, date and place of birth, and 6 the date of registration. If applicable and known to the 7 registrant, he or she may include the maiden surname of the 8 birth mother, any subsequent surnames of the birth mother, 9 the surname of the birth father, the given name or names of 10 the birth parents, the dates and places of birth of the birth 11 parents, the surname and given name or names of the adopted 12 person prior to adoption, the gender and date and place of 13 birth of the adopted or surrendered person, the name of the 14 adopted person following his or her adoption and the state 15 and county where the judgment of adoption was finalized. 16 (b) Medical Information Exchange Questionnaire. In 17 recognition of the importance of medical information and of 18 recent discoveries regarding the genetic origin of many 19 medical conditions and diseases all registrants shall be 20 asked to voluntarily complete a Medical Information Exchange 21 Questionnaire. 22 (1) For birth parents or birth siblings, the 23 Medical Information Exchange Questionnaire shall include 24 a comprehensive check-list of medical conditions and 25 diseases including those of genetic origin. Birth 26 parents and birth siblings shall be asked to indicate all 27 genetically-inherited diseases and conditions on this 28 list which are known to exist in the adopted or 29 surrendered person's birth family at the time of 30 registration. In addition, all birth parents and birth 31 siblings shall be apprised of the Registry's provisions 32 for voluntarily submitting information about their and 33 their family's medical histories on a confidential, 34 ongoing basis. HB0631 Enrolled -16- LRB9100454SMdvE 1 (2) Adopted and surrendered persons and their 2 adoptive parents or legal guardians shall be asked to 3 indicate all genetically-inherited diseases and medical 4 conditions with which the adopted or surrendered person 5 or, if applicable, his or her children have been 6 diagnosed since birth. 7 (3) The Medical Information Exchange Questionnaire 8 shall include a space where the registrant may authorize 9 the release of the Medical Information Exchange 10 Questionnaire to specified parties and a disclaimer 11 informing registrants that the Department of Public 12 Health cannot guarantee the accuracy of medical 13 information exchanged through the Registry. 14 (c) Written statement. All registrants shall be given 15 the opportunity to voluntarily file a written statement with 16 the Registry. This statement shall be submitted in the space 17 provided. No written statement submitted to the Registry 18 shall include identifying information pertaining to any 19 person other than the registrant who submitted it. Any such 20 identifying information shall be redacted by the Department 21 or returned for removal of identifying information. 22 (d) Contact information. All registrants may indicate 23 their wishes regarding contact with any other registrant by 24 completing an Information Exchange Authorization or a Denial 25 of Information Exchange. 26 (1) Information Exchange Authorization. Adopted or 27 surrendered persons 21 years of age or over who would 28 welcome contact with one or more of their birth parents 29 or birth siblings; birth parents who would welcome 30 contact with an adopted or surrendered person, or one or 31 more of his or her adoptive parents or legal guardians; 32 birth siblings 21 years of age or over who were adopted 33 or surrendered and who would welcome contact with an 34 adopted or surrendered person, or one or more of his or HB0631 Enrolled -17- LRB9100454SMdvE 1 her adoptive parents or legal guardians; birth siblings 2 21 years of age or over who were not surrendered and who 3 have submitted proof of death for any common birth parent 4 who did not file a Denial of Information Exchange prior 5 to his or her death, and who would welcome contact with 6 an adopted or surrendered person, or one or more of his 7 or her adoptive parents or legal guardians; and adoptive 8 parents or legal guardians of adopted or surrendered 9 persons under the age of 21 who would welcome contact 10 with one or more of the adopted or surrendered person's 11 birth parents or birth siblings may specify with whom 12 they wish to exchange identifying information by filing 13 an Information Exchange Authorization at the time of the 14 adoption or surrender, or any time thereafter. 15 (2) Denial of Information Exchange. Adopted or 16 surrendered persons 21 years of age or over who do not 17 wish to establish contact with one or more of their birth 18 parents or birth siblings may specify with whom they do 19 not wish to exchange identifying information by filing a 20 Denial of Information Exchange. Birth parents or birth 21 siblings who do not wish to establish contact with an 22 adopted or surrendered person or one or more of his or 23 her adoptive parents or legal guardians may specify with 24 whom they do not wish to exchange identifying information 25 by filing a Denial of Information Exchange at the time of 26 the adoption or surrender, or any time thereafter. 27 Adoptive parents or legal guardians of adopted or 28 surrendered persons under the age of 21 who do not wish 29 to establish contact with one or more of the adopted or 30 surrendered person's birth parents or birth siblings may 31 specify with whom they do not wish to exchange 32 identifying information by filing a Denial of Information 33 Exchange at the time of the adoption or surrender, or any 34 time thereafter. The Illinois Adoption Registry HB0631 Enrolled -18- LRB9100454SMdvE 1 Application does not need to be completed in order to 2 file a Denial of Information Exchange. 3 (e) A registrant may complete all or any part of the 4 Illinois Adoption Registry Application. All Illinois 5 Adoption Registry Applications, Information Exchange 6 Authorizations, Denials of Information Exchange, requests to 7 revoke an Information Exchange Authorization or Denial of 8 Information Exchange, and affidavits submitted to the 9 Registry shall be accompanied by proof of identification. 10 (f) The Department shall establish the Illinois Adoption 11 Registry Application form including the Medical Information 12 Exchange Questionnaire by rule. 13 (750 ILCS 50/18.1c new) 14 Sec. 18.1c. Effective date of registration. 15 Registration with the Illinois Adoption Registry and Medical 16 Information Exchange shall become effective as soon as the 17 applicant's completed Illinois Adoption Registry Application 18 has been filed with the Registry. 19 (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2) 20 Sec. 18.2. Forms. 21 (a) The form of the Birth BiologicalParent Registration 22 Identification Form shall be substantially as follows: 23 BIRTH BIOLOGICALPARENT REGISTRATION IDENTIFICATION 24 (Insert all known information) 25 I, ....., state that I am the ...... (mother or father) of 26 the following child: 27 Child's original name: ..... (first) ..... (middle) ..... 28 (last), ..... (hour of birth), ..... (date of 29 birth), ..... (city and state of birth), ..... (name 30 of hospital). 31 Father's full name: ...... (first) ...... (middle) ..... 32 (last), ..... (date of birth), ..... (city and state HB0631 Enrolled -19- LRB9100454SMdvE 1 of birth). 2 Name of mother inserted on birth certificate: ..... 3 (first) ..... (middle) ..... (last), ..... (race), 4 ..... (date of birth), ...... (city and state of 5 birth). 6 That I surrendered my child to: ............. (name of 7 agency), ..... (city and state of agency), ..... 8 (approximate date child surrendered). 9 That I placed gave upmy child by private adoption: ..... 10 (date), ...... (city and state). 11 Name of adoptive parents, if known: ...... 12 Other identifying information: ..... 13 ........................ 14 (Signature of parent) 15 ............ ........................ 16 (date) (printed name of parent) 17 (b) The form of the Adopted Person AdopteeRegistration 18 Identification shall be substantially as follows: 19 ADOPTED PERSON ADOPTEE20 REGISTRATION IDENTIFICATION 21 (Insert all known information) 22 I, ....., state the following: 23 Adopted Person's Adoptee'spresent name: ..... (first) 24 ..... (middle) ..... (last). 25 Adopted Person's Adoptee'sname at birth (if known): 26 ..... (first) ..... (middle) ..... (last), ..... 27 (birth date), ..... (city and state of birth), 28 ...... (sex), ..... (race). 29 Name of adoptive father: ..... (first) ..... (middle) 30 ..... (last), ..... (race). 31 Maiden name of adoptive mother: ..... (first) ..... 32 (middle) ..... (last), ..... (race). 33 Name of birth biologicalmother (if known): ..... (first) 34 ..... (middle) ..... (last), ..... (race). HB0631 Enrolled -20- LRB9100454SMdvE 1 Name of birth biologicalfather (if known): ..... (first) 2 ..... (middle) ..... (last), ..... (race). 3 Name(s) at birth of sibling(s) having a common birth 4 biologicalparent with adoptee (if known): ..... 5 (first) ..... (middle) ..... (last), ..... (race), 6 and name of common birth biologicalparent: ..... 7 (first) ..... (middle) ..... (last), ..... (race). 8 I was adopted through: ..... (name of agency). 9 I was adopted privately: ..... (state "yes" if known). 10 I was adopted in ..... (city and state), ..... (approximate 11 date). 12 Other identifying information: ............. 13 ...................... 14 (signature of adoptee) 15 ........... ......................... 16 (date) (printed name of adoptee) 17 (c) The form of the Surrendered Person Child18 Registration Identification shall be substantially as 19 follows: 20 SURRENDERED PERSON CHILDREGISTRATION 21 IDENTIFICATION 22 (Insert all known information) 23 I, ....., state the following: 24 Surrendered Person's Child'spresent name: ..... (first) 25 ..... (middle) ..... (last). 26 Surrendered Person's Child'sname at birth (if known): 27 ..... (first) ..... (middle) ..... (last), 28 .....(birth date), ..... (city and state of birth), 29 ...... (sex), ..... (race). 30 Name of guardian father: ..... (first) ..... (middle) 31 ..... (last), ..... (race). 32 Maiden name of guardian mother: ..... (first) ..... 33 (middle) ..... (last), ..... (race). 34 Name of birth biologicalmother (if known): ..... (first) HB0631 Enrolled -21- LRB9100454SMdvE 1 ..... (middle) ..... (last) ..... (race). 2 Name of birth biologicalfather (if known): ..... (first) 3 ..... (middle) ..... (last), .....(race). 4 Name(s) at birth of sibling(s) having a common birth 5 biologicalparent with surrendered person adoptee6 (if known): ..... (first) ..... (middle) ..... 7 (last), ..... (race), and name of common birth 8 biologicalparent: ..... (first) ..... (middle) 9 ..... (last), ..... (race). 10 I was surrendered for adoption to: ..... (name of agency). 11 I was surrendered for adoption in ..... (city and state), 12 ..... (approximate date). 13 Other identifying information: ............ 14 ................................ 15 (signature of surrendered person child) 16 ............ ...................... 17 (date) (printed name of person child18 surrendered for adoption) 19 (d) The form of the Information Exchange Authorization 20 shall be substantially as follows: 21 INFORMATION EXCHANGE AUTHORIZATION 22 I, ....., state that I am the person who completed the 23 Registration Identification; that I am of the age of ..... 24 years; that I hereby authorize the Department of Public 25 Health to give to my (birth biologicalparent) (birth 26 biologicalsibling) (surrendered child) the following (please 27 check the information authorized for exchange): 28 [ ] 1. Only my name and last known address. 29 [ ] 2. A copy of my Illinois Adoption Registry 30 Application. 31 [ ] 3. A copy of the original certificate of live 32 birth. necessary information so I can be contacted; that33 I am fully aware that I can only be supplied with any 34 information about the name and last known address ofmy HB0631 Enrolled -22- LRB9100454SMdvE 1 (birth biologicalparent) (birth biologicalsibling) 2 (surrendered child) if such person has duly executed an 3 Information Exchange Authorization for such information which 4 has not been revoked; that I can be contacted by writing to: 5 ..... (own name or name of person to contact) (address) 6 (phone number). Dated (insert date). this ..... day of7 ....., 19...8 ............ .............. 9 (witness) (signature) 10 (e) The form of the Denial of Information Exchange shall 11 be substantially as follows: 12 DENIAL OF INFORMATION EXCHANGE 13 I, ....., state that I am the person who completed the 14 Registration Identification; that I am of the age of ..... 15 years; that I hereby instruct the Department of Public Health 16 not to give any identifying information about me to my (birth 17 biologicalparent) (birth biologicalsibling) (surrendered 18 child); that I do not wish to be contacted. 19 Dated (insert date). this .... day of ......, 19...20 ............. ............... 21 (witness) (signature) 22 (f) The Information Exchange Authorization and the 23 Denial of Information Exchange shall be acknowledged by the 24 birth biologicalparent, birth biologicalsibling, adopted 25 adopteeor surrendered person, adoptive parent, or legal 26 guardian childbefore a notary public, in form substantially 27 as follows: 28 State of .............. 29 County of ............. 30 I, a Notary Public, in and for the said County, in the 31 State aforesaid, do hereby certify that ............... 32 personally known to me to be the same person whose name is 33 subscribed to the foregoing certificate of acknowledgement, HB0631 Enrolled -23- LRB9100454SMdvE 1 appeared before me in person and acknowledged that (he or 2 she) signed such certificate as (his or her) free and 3 voluntary act and that the statements in such certificate are 4 true. 5 Given under my hand and notarial seal on (insert date). 6 this ....... day of .........., 19...7 ......................... 8 (signature) 9 (g) When the execution of an Information Exchange 10 Authorization or a Denial of Information Exchange is 11 acknowledged before a representative of an agency, such 12 representative shall have his signature on said Certificate 13 acknowledged before a notary public, in form substantially as 14 follows: 15 State of.......... 16 County of......... 17 I, a Notary Public, in and for the said County, in the 18 State aforesaid, do hereby certify that ..... personally 19 known to me to be the same person whose name is subscribed to 20 the foregoing certificate of acknowledgement, appeared before 21 me in person and acknowledged that (he or she) signed such 22 certificate as (his or her) free and voluntary act and that 23 the statements in such certificate are true. 24 Given under my hand and notarial seal on (insert date). 25 this ..... day of ........., 19...26 ....................... 27 (signature) 28 (h) When Wherean Illinois Adoption Registry 29 Application, Information Exchange Authorization or a Denial 30 of Information Exchange is executed signedin a foreign 31 country, the execution of such document shall be acknowledged 32 or affirmed before an officer of the United States consular 33 services in a manner conformable to the law and procedure ofHB0631 Enrolled -24- LRB9100454SMdvE 1 such country. 2 (i) If the person signing an Information Exchange 3 Authorization or a Denial of Information is in the military 4 service of the United States, the execution of such document 5 may be acknowledged before a commissioned officer and the 6 signature of such officer on such certificate shall be 7 verified or acknowledged before a notary public or by such 8 other procedure as is then in effect for such division or 9 branch of the armed forces. 10 (j) The Department shall modify these forms as necessary 11 to implement the provisions of this Amendatory Act of 1999 12 including creating Registration Identification Forms for 13 non-surrendered birth siblings, adoptive parents and legal 14 guardians. 15 (Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.) 16 (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3) 17 Sec. 18.3. (a) The agency, Department of Children 18 and Family Services, Court Supportive Services, Juvenile 19 Division of the Circuit Court, Probation Officers of the20 Circuit Courtand any other party to the surrender of a child 21 for adoption or in an adoption proceeding shall obtain from 22 any birth biologicalparent or parents giving up a child for 23 purposes of adoption after the effective date of this Act a 24 written statement which indicates: (1) a desire to have 25 identifying information shared with the adopted or 26 surrendered person childat a later date; (2) a desire not 27 to have identifying information revealed; or (3) that no 28 decision is made at that time. In addition, the agency, 29 Department of Children and Family Services, Court Supportive 30 Services, Juvenile Division of the Circuit Court, and any 31 other organization involved in the surrender of a child for 32 adoption in an adoption proceeding shall inform the birth 33 parent or parents of a child born, adopted or surrendered in HB0631 Enrolled -25- LRB9100454SMdvE 1 Illinois of the existence of the Illinois Adoption Registry 2 and Medical Information Exchange and provide them with the 3 necessary application forms and if requested, assistance with 4 completing the forms. 5 (b) When the written statement is signed, the birth 6 biologicalparent or parents shall be informed in writing 7 that their decision regarding the sharing of identifying 8 information can be made or changed by such birth biological9 parent or parents at any future date. 10 (c) The birth biologicalparent shall be informed in 11 writing that if sharing of identifying information with the 12 adopted or surrendered person childis to occur, that he or 13 she the childmust be 21 years of age or over ; or if under14 the age of 21 with written consent of both adoptive parents,15 with written consent of a single adoptive parent, with proof16 of death of one adoptive parent and written consent of the17 surviving adoptive parent, or with written consent of the18 guardian of the child. 19 (d) If the birth biologicalparent or parents indicate a 20 desire to share identifying information with the adopted or 21 surrendered person child, the birth parent shall complete an 22 Information Exchange Authorization. statement shall contain23 information regarding means to communicate with the24 biological parent.25 (e) Any birth biologicalparent or parents requesting 26 that no identifying information be revealed to the adopted 27 adopteeor surrendered person childshall be informed that 28 such request will be conveyed to the adopted adopteeor 29 surrendered person childif he or she the adoptee or30 surrendered childrequests such information; and such 31 identifying information shall not be revealed. 32 (f) Any adopted adopteeor surrendered person child21 33 years of age or over , and any adoptee under 21 years of age34 with written consent of the adoptive parents, the survivingHB0631 Enrolled -26- LRB9100454SMdvE 1 adoptive parent, a single adoptive parent or the guardian of2 the childmay also indicate in writing his or her desire or 3 lack of desire to share identifying information with the 4 birth biologicalparent or parents or birth biological5 sibling or siblings. Any adopted adopteeor surrendered 6 person childrequesting that no identifying information be 7 revealed to the birth biologicalparent or birth biological8 sibling shall be informed that such request shall be conveyed 9 to the parent if such birth biologicalparent or birth 10 biologicalsibling requests such information; and such 11 identifying information shall not be revealed. 12 (g) Any birth biologicalparent s, birth sibling and 13 adopted adopteesor surrendered person, adoptive parent or 14 legal guardian childrenindicating their desire to receive 15 haveidentifying or medical information shall be informed of 16 the existence of the Registry and assistance shall be given 17 to such person biological parent, adoptee or surrendered18 childto alsolegally record his or her name with the 19 Registry. 20 (h) The agency, Department of Children and Family 21 Services, Court Supportive Services, Juvenile Division of the 22 Circuit Court, Probation Officers of the Circuit Courtand 23 any other organization involved in the surrender of a child 24 for adoption in an adoption proceeding which has written 25 statements from an adopted adopteeor surrendered person 26 childand the birth biologicalparent or a birth biological27 sibling indicating a desire to receive identifying 28 information shall supply such information to the mutually 29 consenting parties, except that no identifying information 30 shall be supplied to consenting birth biologicalsiblings if 31 any such sibling is under 21 years of age. However, both the 32 Registry having an Information Exchange Authorization and the 33 organization having a written statement requesting 34 identifying information shall communicate with each other to HB0631 Enrolled -27- LRB9100454SMdvE 1 determine if the adopted adopteeor surrendered person child2 or the birth biologicalparent or birth biologicalsibling 3 has signed a form at a later date indicating a change in his 4 or her desires regarding the sharing of information. The 5 agreement of the birth biologicalparent shall be binding. 6 (i) On and after January 1, 2000, any licensed child 7 welfare agency which provides post-adoption search assistance 8 to adoptive parents, adopted persons, birth parents, or birth 9 siblings shall require that any person requesting 10 post-adoption search assistance complete an Illinois Adoption 11 Registry Application prior to the commencement of the search. 12 13 (Source: P.A. 86-1451.) 14 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) 15 Sec. 18.3a. Confidential intermediary. 16 (a) General purposes. Notwithstanding any other 17 provision of this Act, any adopted person adopteeover the 18 age of 21 18or any adoptive parent or legal guardian of an 19 adopted person adopteeunder the age of 21 18may petition 20 the court for appointment of a confidential intermediary as 21 provided in this Section for the purpose of obtaining from 22 one or both birth biologicalparents or a sibling or siblings 23 of the adopted person adopteeinformation concerning the 24 background of a psychological or genetically-based medical 25 problem experienced or which may be expected to be 26 experienced in the future by the adopted person adopteeor 27 obtaining assistance in treating such a problem. 28 (b) Petition. The court shall appoint a confidential 29 intermediary for the purposes described in subsection (f) if 30 the petitioner shows the following: 31 (1) the adopted person adopteeis suffering or may 32 be expected to suffer in the future from a 33 life-threatening or substantially incapacitating physical HB0631 Enrolled -28- LRB9100454SMdvE 1 illness of any nature, or a psychological disturbance 2 which is substantially incapacitating but not 3 life-threatening, or a mental illness which, in the 4 opinion of a physician licensed to practice medicine in 5 all its branches, is or could be genetically based to a 6 significant degree; 7 (2) the treatment of the adopted person adoptee, in 8 the opinion of a physician licensed to practice medicine 9 in all of its branches, would be materially assisted by 10 information obtainable from the birth biologicalparents 11 or might benefit from the provision of organs or other 12 bodily tissues, materials, or fluids by the birth 13 biologicalparents or other close biological relatives; 14 and 15 (3) there is neither an Information Exchange 16 Authorization nor a Denial of Information Exchange filed 17 in the Registry as provided in Section 18.1. 18 The affidavit or testimony of the treating physician 19 shall be conclusive on the issue of the utility of contact 20 with the birth biologicalparents unless the court finds that 21 the relationship between the illness to be treated and the 22 alleged need for contact is totally without foundation. 23 (c) Fees and expenses. The court shall condition the 24 appointment of the confidential intermediary on the payment 25 of the intermediary's fees and expenses in advance, unless 26 the intermediary waives the right to full advance payment or 27 to any reimbursement at all. 28 (d) Eligibility of intermediary. The court may appoint 29 as confidential intermediary either an employee of the 30 Illinois Department of Children and Family Services 31 designated by the Department to serve as such, any other 32 person certified by the Department as qualified to serve as a 33 confidential intermediary, or any employee of a licensed 34 child welfare agency certified by the agency as qualified to HB0631 Enrolled -29- LRB9100454SMdvE 1 serve as a confidential intermediary. 2 (e) Access. Notwithstanding any other provision of law, 3 the confidential intermediary shall have access to all 4 records of the court or any agency, public or private, which 5 relate to the adoption or the identity and location of any 6 birth biologicalparent. 7 (f) Purposes of contact. The confidential intermediary 8 has only the following powers and duties: 9 (1) To contact one or both birth biological10 parents, inform the parent or parents of the basic 11 medical problem of the adopted person adopteeand the 12 nature of the information or assistance sought from the 13 birth biologicalparent, and inform the parent or parents 14 of the following options: 15 (A) The birth biologicalparent may totally 16 reject the request for assistance or information, or 17 both, and no disclosure of identity or location 18 shall be made to the petitioner. 19 (B) The birth biologicalparent may file an 20 Information Exchange Authorization as provided in 21 Section 18.1. The confidential intermediary shall 22 explain to the birth biologicalparent the 23 consequences of such a filing, including that the 24 birth biologicalparent's identity will be available 25 for discovery by the adopted person adoptee. If the 26 birth biologicalparent agrees to this option, the 27 confidential intermediary shall supply the parent 28 with the appropriate forms, shall be responsible for 29 their immediate filing with the Registry, and shall 30 inform the petitioner of their filing. 31 (C) If the birth biologicalparent wishes to 32 provide the information or assistance sought but 33 does not wish his or her identity disclosed, the 34 confidential intermediary shall arrange for the HB0631 Enrolled -30- LRB9100454SMdvE 1 disclosure of the information or the provision of 2 assistance in as confidential a manner as possible 3 so as to protect the privacy of the birth biological4 parent and minimize the likelihood of disclosure of 5 the birth biologicalparent's identity. 6 (2) If a birth biologicalparent so desires, to 7 arrange for a confidential communication with the 8 treating physician to discuss the need for the requested 9 information or assistance. 10 (3) If a birth biologicalparent agrees to provide 11 the information or assistance sought but wishes to 12 maintain his or her privacy, to arrange for the provision 13 of the information or assistance to the physician in as 14 confidential a manner as possible so as to protect the 15 privacy of the birth biologicalparent and minimize the 16 likelihood of disclosure of the birth biologicalparent's 17 identity. 18 (g) Oath. The confidential intermediary shall sign an 19 oath of confidentiality substantially as follows: 20 "I, .........., being duly sworn, on oath depose and 21 say: As a condition of appointment as a confidential 22 intermediary, I affirm that: 23 (1) I will not disclose to the petitioner, directly 24 or indirectly, any information about the identity or 25 location of the birth biologicalparent whose assistance 26 is being sought for medical reasons except in a manner 27 consistent with the law. 28 (2) I recognize that violation of this oath 29 subjects me to civil liability and to being found in 30 contempt of court. 31 ................................ 32 SUBSCRIBED AND SWORN to before me, a Notary Public, 33 on (insert date). this ..... day of .........., 19...34 ................................" HB0631 Enrolled -31- LRB9100454SMdvE 1 (h) Sanctions. 2 (1) Any confidential intermediary who improperly 3 discloses information identifying a birth biological4 parent shall be liable to the birth biologicalparent for 5 damages and may also be found in contempt of court. 6 (2) Any physician or otherperson who learns a 7 birth biologicalparent's identity, directly or 8 indirectly, through the use of procedures provided in 9 this Section and who improperly discloses information 10 identifying the birth biologicalparent shall be liable 11 to the birth biologicalparent for actual damages plus 12 minimum punitive damages of $10,000. 13 (i) Death of birth biologicalparent. Notwithstanding 14 any other provision of this Act, if the confidential 15 intermediary discovers that the person whose assistance is 16 sought has died, he or she shall report this fact to the 17 court, along with a copy of the death certificate if possible18 . 19 (Source: P.A. 86-1451; revised 10-20-98.) 20 (750 ILCS 50/18.4a) (from Ch. 40, par. 1522.4a) 21 Sec. 18.4a. Medical and mental health histories. 22 (a) Notwithstanding any other provision of law to the 23 contrary, to the extent currently in possession of the 24 agency, the medical and mental health histories of a child 25 legally freed for adoption and of the birth biological26 parents, with information identifying the birth biological27 parents eliminated, shall be provided by an agency to the 28 child's prospective adoptive parent and shall be provided 29 upon request to an adoptive parent when a child has been 30 adopted. The medical and mental health histories shall 31 include all the following available information: 32 (1) Conditions or diseases believed to be 33 hereditary. HB0631 Enrolled -32- LRB9100454SMdvE 1 (2) Drugs or medications taken by the child's birth 2 biologicalmother during pregnancy. 3 (3) Psychological and psychiatric information. 4 (4) Any other information that may be a factor 5 influencing the child's present or future health. 6 (b) The Department of Children and Family Services may 7 promulgate rules and regulations governing the release of 8 medical histories under this Section. 9 (Source: P.A. 87-617.) 10 (750 ILCS 50/18.5) (from Ch. 40, par. 1522.5) 11 Sec. 18.5. Liability. No liability shall attach to the 12 State, any agency thereof, any licensed agency, any judge, 13 any officer or employee of the court, or any party or 14 employee thereof involved in the surrender of a child for 15 adoption or in an adoption proceeding for acts or efforts 16 made within the scope of Sections 18.05 18.1thru 18.5, 17 inclusive, of this Act and under pursuant toits provisions, 18 except for subsection (f) of Section 18.1. 19 (Source: P.A. 86-304.) 20 (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6) 21 Sec. 18.6. Registry fees. The Department of Public 22 Health shall levy a fee for each registrant under Sections 23 18.05 18.1through 18.5. A $40 fee shall be charged for 24 registering with the Illinois Adoption Registry and Medical 25 Information Exchange. However, this fee shall be waived for 26 all adopted or surrendered persons, adoptive parents, legal 27 guardians, birth parents, and birth siblings who complete a 28 Medical Information Exchange Questionnaire at the time of 29 registration and authorize its release to specified 30 registered parties, and for adoptive parents registering 31 within 12 months of the finalization of the adoption. All 32 persons who were registered with the Illinois Adoption HB0631 Enrolled -33- LRB9100454SMdvE 1 Registry prior to the effective date of this amendatory Act 2 of 1999 and who wish to update their registration may do so 3 without charge. No charge of any kind shall be made for the 4 withdrawal of any form provided in Section 18.2 a5 registration or consent form. 6 (Source: P.A. 87-318.) 7 (750 ILCS 50/18.7 new) 8 Sec. 18.7. Illinois Adoption Registry and Medical 9 Information Exchange Fund. There is created in the State 10 treasury a special fund to be known as the Illinois Adoption 11 Registry and Medical Information Exchange Fund. All fees 12 collected by the Illinois Adoption Registry under this 13 amendatory Act of 1999 shall be deposited into the Fund. 14 Subject to appropriation, the amounts in the Fund shall be 15 used by the Department of Public Health to conduct activities 16 related to maintaining the Illinois Adoption Registry and 17 Medical Information Exchange and issuing any documents and 18 forms related to the Illinois Adoption Registry and Medical 19 Information Exchange. 20 (750 ILCS 50/18.8 new) 21 Sec. 18.8. Improper disclosure of identifying 22 information. All information submitted to the Registry is 23 confidential and gathered by the State solely for the purpose 24 of facilitating the exchange of updated medical data and 25 contact information between adopted and surrendered persons 26 and other registered parties. Information exchanged through 27 the Registry shall not be admissible as evidence nor 28 discoverable in any action of any kind in any court or before 29 any tribunal, board, agency, or commission. Disclosure of 30 identifying information in violation of this Act is a Class A 31 misdemeanor. HB0631 Enrolled -34- LRB9100454SMdvE 1 Section 99. Effective date. This Act takes effect 2 January 1, 2000.
[ Top ]