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91_HB0631eng HB0631 Engrossed 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, and 18.062 and 12 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 mutually consenting adult members of birth families and 18 adoptive families, as well as legal guardians of surrendered 19 children, and adult adopted or surrendered persons may 20 voluntarily exchange vital medical information throughout the 21 life of the adopted or surrendered person. The General 22 Assembly further recognizes that it is in the best interest 23 of adopted and surrendered persons and their birth and 24 adoptive families that birth family medical histories and the 25 preferences regarding contact of all parties to an adoption 26 be compiled, preserved and provided, upon request, to the 27 adoptive parents and legal guardians of adopted or 28 surrendered children and to adult adopted or surrendered 29 persons and their birth and adoptive relatives. The purpose HB0631 Engrossed -2- LRB9100454SMdvE 1 of this amendatory Act of the 91st General Assembly is to 2 respond to these concerns by redefining the function and 3 operation of the Illinois Adoption Registry and creating the 4 voluntary Medical Information Exchange. 5 (750 ILCS 50/18.052 new) 6 Sec. 18.052. Definitions. When used in Sections 7 beginning with Section 18.051 and preceding Section 18.1, 8 unless the context otherwise requires: 9 "Adopted person" means a person who was adopted pursuant 10 to the laws in effect at the time of the adoption. 11 "Adoptive parent" means a person who has become a parent 12 through the legal process of adoption. 13 "Adoptive relative" means the widow or widower, adult 14 child or adoptive parent of a deceased adopted or surrendered 15 person. 16 "Agency" means a public child welfare agency or a 17 licensed child welfare agency. 18 "Birth father" means the biological father of an adopted 19 or surrendered person who is named on the original 20 certificate of live birth, in the agency or court file, on a 21 consent or surrender document, or a notarized statement duly 22 executed and signed by the birth mother, or a biological 23 father whose paternity has been established by a judgment or 24 order of the court. 25 "Birth mother" means the biological mother of an adopted 26 or surrendered person. 27 "Birth parent" means a parent, by birth, of an adopted or 28 surrendered person. 29 "Birth relative" means a parent, adult biological 30 sibling, adoptive child, or biological child who was not 31 surrendered for adoption of a deceased birth parent. 32 "Birth sibling" means the adult adopted or surrendered 33 full or half sibling of an adopted or surrendered person. HB0631 Engrossed -3- LRB9100454SMdvE 1 "Denial of Information Exchange" means an affidavit 2 completed by an applicant to the Illinois Adoption Registry 3 and Medical Information Exchange denying the release of his 4 or her name and address to a specified party or parties. 5 "Identifying information" means the surname, given name 6 or names, and address of any interested party. 7 "Illinois Adoption Registry Release Letter" means a 8 document issued by the Department of Public Health which 9 entitles an adopted person who is the subject of a Registry 10 match to receive copies of his or her original certificate of 11 live birth, judgment for adoption, and certain documents and 12 records in the possession of the agency or attorney that was 13 involved in the adoption proceedings or surrender. 14 "Information Exchange Authorization" means an affidavit 15 completed by an applicant to the Illinois Adoption Registry 16 and Medical Information Exchange authorizing the release of 17 his or her name and address to a specified party or parties. 18 "Interested party" means an adoptive parent or legal 19 guardian of an adopted or surrendered person under the age of 20 18, an adopted or surrendered person 18 years of age or over, 21 an eligible adoptive relative, a birth parent, a birth 22 sibling, or an eligible birth relative. 23 "Medical Information Exchange Questionnaire" means the 24 medical history questionnaire completed by applicants to the 25 Illinois Adoption Registry and Medical Information Exchange. 26 "Proof of death" means a death certificate, a death 27 notice, or a legal notice of death published in a daily 28 newspaper. 29 "Surrendered person" means a person who was surrendered 30 for adoption but not adopted. 31 (750 ILCS 50/18.053 new) 32 Sec. 18.053. The Illinois Adoption Registry and Medical 33 Information Exchange. HB0631 Engrossed -4- LRB9100454SMdvE 1 (a) General function. Subject to appropriation, the 2 Department of Public Health shall redefine the function of 3 the Illinois Adoption Registry, and create the Medical 4 Information Exchange in the manner outlined in subsections 5 (b) through (d) for the purpose of facilitating the 6 voluntary exchange of medical information between mutually 7 consenting birth parents, birth siblings, and eligible birth 8 relatives and the adoptive parents and legal guardians of 9 adopted or surrendered minors, adult adopted or surrendered 10 persons, and adoptive relatives. The Department shall 11 establish rules for the confidential operation of the 12 Illinois Adoption Registry and, from July 1, 1999 to July 1, 13 2000, shall conduct a public information campaign through 14 public service announcements and other forms of media 15 coverage, and, for a minimum of 4 years, through notices on 16 driver's license renewal applications, to inform adopted and 17 surrendered persons born, surrendered, or adopted in Illinois 18 and their adoptive parents, legal guardians, birth parents, 19 and birth relatives of the provisions of this amendatory Act 20 of the 91st General Assembly. The Illinois Adoption Registry 21 shall also establish an informational internet site where 22 interested parties may access a summary of the provisions of 23 this amendatory Act of the 91st General Assembly and download 24 all necessary application forms. The Illinois Adoption 25 Registry shall maintain statistical records, publish and 26 circulate to the public informational material about the 27 function and operation of the Registry, and provide 28 interested parties with Medical Exchange Questionnaires and 29 all other Illinois Adoption Registry applications and forms. 30 The Registry shall forward to each registrant a copy of any 31 Medical Exchange Questionnaire submitted to the Registry 32 prior to the registrant's registration by one of his or her 33 biological relatives or, if the registrant is the adoptive 34 parent or legal guardian of an adopted or surrendered person HB0631 Engrossed -5- LRB9100454SMdvE 1 under the age of 18, any Medical Exchange Questionnaire 2 submitted to the Registry by a biological relative of his or 3 her adopted child or the child who is under his or her legal 4 guardianship. If an adult adopted or surrendered person, 5 adoptive parent, legal guardian, or adoptive relative has 6 registered with the Registry and one of the adopted or 7 surrendered person's biological relatives subsequently 8 applies to the Registry, the Illinois Adoption Registry shall 9 forward a copy of the birth parent's, birth sibling's, or 10 birth relative's Medical Information Exchange Questionnaire 11 to the adopted or surrendered person, adoptive parent, legal 12 guardian, or adoptive relative at the most recent address on 13 file with the Illinois Adoption Registry and Medical 14 Information Exchange. 15 (b) Voluntary birth parent registration at the time of 16 surrender or involuntary termination of parental rights. On 17 and after January 1, 2000, at the time a child is surrendered 18 or parental rights are involuntarily terminated, the agency, 19 Department of Children and Family Services, Court Supportive 20 Services, Juvenile Division of the Circuit Court, Probation 21 Officers of the Circuit Court, or any other party to the 22 surrender or consent to adoption shall request that the birth 23 parent or parents voluntarily register with the Illinois 24 Adoption Registry and Medical Information Exchange and 25 complete Parts I and II of the Illinois Adoption Registry 26 Application. If desired, the birth parent or parents may 27 also file an Information Exchange Authorization or Denial of 28 Information Exchange with the Registry at any time after a 29 child is surrendered for adoption or parental rights are 30 involuntarily terminated, at any time during the adoption 31 proceedings, or at any time thereafter. 32 (c) Establishment of the Adoption/Surrender Records 33 File. All records received by the Registry which pertain to 34 an individual adoption or surrender shall be placed into a HB0631 Engrossed -6- LRB9100454SMdvE 1 single Adoption/Surrender Records File. The Illinois Adoption 2 Registry shall establish a new Adoption/Surrender Records 3 File for any adoption finalized by a court action in the 4 State of Illinois, any adoption of a person born in Illinois 5 finalized by a court action in a state other than Illinois or 6 in a foreign country, and any surrender taken in the State 7 of Illinois for which the adopted or surrendered person, or 8 one of his or her birth parents, birth siblings, eligible 9 birth or adoptive relatives, adoptive parents, or legal 10 guardians has voluntarily registered with the Registry and 11 completed an Illinois Adoption Registry Application. Files 12 may be established for adoptions finalized prior to as well 13 as adoptions finalized on or after the effective date of this 14 amendatory Act of the 91st General Assembly. 15 (d) Contents of the Adoption/Surrender Records File. 16 The Adoption/Surrender Records File shall contain the 17 following items, to the extent that they are available: 18 (1) Parts I and II of any Illinois Adoption 19 Registry Application which has been voluntarily completed 20 by the adopted or surrendered person or his or her 21 adoptive parents, legal guardians, birth parents, birth 22 siblings, adoptive relatives, or birth relatives. 23 (2) Any written statements, letters, photographs, 24 or other items voluntarily provided by any registrant for 25 the adopted or surrendered person or any other interested 26 party at the time of registration or any time thereafter. 27 All such items and documents shall be submitted in an 28 unsealed envelope no larger than 8 1/2" x 11", and shall 29 not include identifying information pertaining to any 30 person other than the registrant who submitted them. 31 (3) Any Information Exchange Authorization or 32 Denial of Information Exchange which has been filed by 33 the adopted or surrendered person or any other interested 34 party at the time of registration or any time thereafter. HB0631 Engrossed -7- LRB9100454SMdvE 1 (4) For all adoptions finalized after January 1, 2 2000, copies of the original certificate of live birth, 3 the consent or surrender to adoption or order of 4 termination of parental rights, and the judgment for 5 adoption as well as the Affidavit of Information. 6 (5) Any updated addresses submitted by any 7 interested party. 8 (6) Any non-identifying information submitted to 9 the Registry by a confidential intermediary. 10 (7) Any proof of death which has been submitted by: 11 an adoptive parent, adoptive relative, legal guardian, or 12 friend of an adopted or surrendered person in the event 13 of his or her death; a birth relative, legal guardian, or 14 friend of a deceased birth parent in the event of his or 15 her death; or a confidential intermediary. 16 (750 ILCS 50/18.054 new) 17 Sec. 18.054. The Illinois Adoption Registry Application. 18 The Illinois Adoption Registry Application shall 19 substantially include the following: 20 (a) Part I: General Information. The Illinois Adoption 21 Registry Application shall include the following general 22 information subparts: 23 (1) A subpart for information about the registrant 24 including his or her surname, given name or names, social 25 security number (optional), mailing address, home 26 telephone number, gender, date and place of birth, and 27 the date of registration. This subpart shall also 28 include the address and telephone number of the Illinois 29 Adoption Registry. 30 (2) A subpart for information to be completed by 31 the registrant if he or she is an adopted or surrendered 32 person 18 years of age or over, including, if known to 33 the applicant, the state and county where the judgment of HB0631 Engrossed -8- LRB9100454SMdvE 1 adoption was finalized, the surnames, given name or 2 names, and birthplaces of the adoptive parents, and the 3 adopted or surrendered person's birth name. 4 (3) A subpart for information to be completed by 5 the registrant if he or she is the adoptive parent or 6 legal guardian of an adopted or surrendered person under 7 the age of 18, a birth parent, or the birth or adoptive 8 relative of an adopted or surrendered person. If 9 applicable and known to the registrant, this information 10 shall include the maiden surname of the birth mother, any 11 subsequent surnames of the birth mother, the surname of 12 the birth father, the given name or names of the birth 13 parents, the dates and places of birth of the birth 14 parents, the surname and given name or names of the 15 adopted person prior to adoption, the gender and date and 16 place of birth of the adopted or surrendered person, and 17 the name of the adopted person following his or her 18 adoption. 19 (b) Part II: Medical Information Exchange 20 Questionnaire. In recognition of the importance of medical 21 information and of recent discoveries regarding the genetic 22 origin of many medical conditions and diseases, with the 23 exception of adoptive parents registering less than one year 24 after their child's adoption was finalized, all applicants 25 shall be asked to voluntarily complete a Medical Information 26 Exchange Questionnaire. The Medical Information Exchange 27 Questionnaire shall include a comprehensive check-list of 28 genetically-transmitted medical conditions and diseases. 29 Birth parents and birth and adoptive relatives shall be asked 30 to indicate all genetically-inherited diseases and conditions 31 on this list which are known to exist in the adopted or 32 surrendered person's biological family at the time of 33 registration. 34 Adopted and surrendered persons and their adoptive HB0631 Engrossed -9- LRB9100454SMdvE 1 parents, legal guardians, and adoptive relatives shall be 2 asked to indicate all genetically-inherited diseases and 3 medical conditions with which the adopted or surrendered 4 person or, if applicable, his or her children have been 5 diagnosed since birth. In addition, all birth parents shall 6 be apprised of the Registry's provisions for voluntarily 7 submitting information about their and their family's medical 8 histories on a confidential, ongoing basis. 9 The form and content of the Medical Information Exchange 10 Questionnaire shall be determined by the Illinois Department 11 of Public Health and shall include a Hereditary Diseases 12 Section that allows the applicant to indicate any 13 genetically-transmitted diseases or conditions listed on the 14 medical questionnaire with which the adopted or surrendered 15 person has been diagnosed since birth, if applicable, which 16 are known to exist in the adopted or surrendered person's 17 biological family. The Medical Exchange Questionnaire shall 18 also include a disclaimer informing registrants that the 19 Department of Public Health cannot guarantee the accuracy of 20 medical information exchanged through the Registry. 21 (c) Part III: Written statement. All registrants shall 22 be given the opportunity to voluntarily file a written 23 statement with the Registry. This statement may include any 24 additional medical data or any known social, ethnic, or 25 biographical information, and may be submitted on the space 26 provided on the Information Exchange Authorization or in a 27 separate, unsealed envelope no larger than 8 1/2" x 11". No 28 written statement submitted to the Registry shall include 29 identifying information pertaining to any person other than 30 the registrant who submitted it. 31 (d) Part IV. Contact information. All registrants may 32 indicate their wishes regarding contact with any other 33 interested party by completing an Information Exchange 34 Authorization, a Denial of Information Exchange, or an HB0631 Engrossed -10- LRB9100454SMdvE 1 affidavit authorizing contact by a certified confidential 2 intermediary. 3 (1) Information Exchange Authorization. Adopted or 4 surrendered persons 18 years of age or over who would 5 welcome contact with one or more of their birth parents, 6 birth siblings, or birth relatives; birth parents, and 7 birth relatives who would welcome contact with an adopted 8 or surrendered person, or one or more of his or her 9 adoptive parents or legal guardians or adoptive 10 relatives; and adoptive parents or legal guardians of 11 adopted or surrendered persons under the age of 18 who 12 would welcome contact with one or more of the adopted or 13 surrendered person's birth parents, birth siblings, or 14 birth relatives may specify with which biological 15 relative or relatives of the adopted or surrendered 16 person they wish to exchange identifying information by 17 filing an Information Exchange Authorization at the time 18 of the adoption or surrender, or any time thereafter. 19 (2) Denial of Information Exchange. Adopted or 20 surrendered persons 18 years of age or over who do not 21 wish to establish direct contact with one or more of 22 their birth parents, birth siblings, or birth relatives 23 may specify with which biological relative or relatives 24 they do not wish to exchange identifying information by 25 filing a Denial of Information Exchange. Birth parents 26 and birth relatives who do not wish to establish direct 27 contact with an adopted or surrendered person, or one or 28 more of his or her adoptive parents or legal guardians, 29 or his or her adoptive relatives; and adoptive parents or 30 legal guardians of adopted or surrendered persons under 31 the age of 18 who do not wish to establish direct contact 32 with one or more of the adopted or surrendered person's 33 birth parents, birth siblings, or birth relatives may 34 specify with which biological relative or relatives they HB0631 Engrossed -11- LRB9100454SMdvE 1 do not wish to exchange identifying information by filing 2 a Denial of Information Exchange at the time of the 3 adoption or surrender, or any time thereafter. 4 Upon receipt of a Denial of Information Exchange or 5 Information Exchange Authorization, the Illinois Adoption 6 Registry shall provide the registrant with a copy of the 7 appropriate revocation form. A Denial of Information 8 Exchange or Information Exchange Authorization may be 9 revoked at any time, without charge, by filing the 10 appropriate revocation form or by notifying the Registry 11 in writing of the desire to revoke the Denial of 12 Information Exchange or the Information Exchange 13 Authorization. Denials of Information Exchange and 14 Information Exchange Authorizations filed by an adoptive 15 parent or legal guardian on behalf of an adopted or 16 surrendered person under the age of 18 shall expire on 17 the adopted or surrendered person's 18th birthday; 18 thereafter, unless the adopted or surrendered person 19 files contact information with the Registry, 20 registrations filed by his or her birth parents, birth 21 siblings, or birth relatives shall be handled in the same 22 manner as in cases where the adopted or surrendered 23 person has not filed an Information Exchange 24 Authorization or Denial of Information Exchange with the 25 Registry. 26 (e) All Illinois Adoption Registry Applications, 27 Information Exchange Authorizations, Denials of Information 28 Exchange, requests to revoke an Information Exchange 29 Authorization or Denial of Information Exchange, and 30 affidavits submitted to the Registry shall be accompanied by 31 proof of identification. In addition, applications submitted 32 by a birth relative or an adoptive relative shall also be 33 accompanied by a proof of death for the deceased birth parent 34 or adopted person. HB0631 Engrossed -12- LRB9100454SMdvE 1 (750 ILCS 50/18.055 new) 2 Sec. 18.055. Effective date of registration. 3 Registration with the Illinois Adoption Registry and Medical 4 Information Exchange shall become effective as soon as the 5 applicant's completed Illinois Adoption Registry Application 6 has been filed with the Registry. 7 (750 ILCS 50/18.056 new) 8 Sec. 18.056. Registry matches. 9 (a) The Registry shall release identifying information 10 to the following mutually consenting registered parties and 11 provide them with a copy of the other party's Medical 12 Information Exchange Questionnaire as well as any written 13 statements, letters, photographs, or other items which have 14 been placed in the Adoption/Surrender Records File and 15 specifically intended for the registered parties: 16 (i) an adult adopted or surrendered person and one 17 of his or her birth parents or birth siblings who have 18 both filed an Information Exchange Authorization 19 specifying the other consenting party with the Registry, 20 if information available to the Registry confirms that 21 the consenting adopted or surrendered person is a 22 biological relative of the consenting birth parent or 23 sibling; 24 (ii) the adoptive parent or legal guardian of an 25 adopted or surrendered person under the age of 18 and one 26 of his or her birth parents, birth siblings, or birth 27 relatives who have both filed an Information Exchange 28 Authorization specifying the other consenting party with 29 the Registry, if information available to the Registry 30 confirms that the child of the consenting adoptive parent 31 or legal guardian is a biological relative of the 32 consenting birth parent, birth sibling, or birth 33 relative; or HB0631 Engrossed -13- LRB9100454SMdvE 1 (iii) a birth parent, birth sibling, or birth 2 relative and an adoptive relative who have both filed an 3 Information Exchange Authorization specifying the other 4 consenting party with the Registry, if information 5 available to the Registry confirms that the deceased 6 adopted person was a biological relative of the 7 consenting birth parent, birth sibling, or birth 8 relative; or 9 (iv) a birth relative and an adopted or surrendered 10 person who have both filed an Information Exchange 11 Authorization specifying the other consenting party with 12 the Registry, if information available to the Registry 13 confirms that the adopted or surrendered person was a 14 biological relative of the deceased birth parent. 15 All eligible adult adopted or surrendered persons who are the 16 subject of a Registry match may be issued an Illinois 17 Adoption Registry Release Letter for any documents listed in 18 subsection (a) of Section 18.059 which are not included in 19 the Adoption/Surrender Records File. 20 (b) In the event that an interested party is the subject 21 of a Denial of Information Release filed by another party to 22 the adoption, the Registry shall not release identifying 23 information to either registrant. However, both registrants 24 shall be provided with a copy of the other party's Medical 25 Denial of Information Exchange Questionnaire as well as any 26 letters, pictures, or documents which have been placed in the 27 Adoption/Surrender Records File by the person who filed the 28 Denial of Information Release and are specifically intended 29 for them. 30 (750 ILCS 50/18.057 new) 31 Sec. 18.057. Illinois Adoption Registry Authorization. 32 In the event of a Registry match, adult adopted or 33 surrendered persons, under certain circumstances, may be HB0631 Engrossed -14- LRB9100454SMdvE 1 issued an Illinois Adoption Registry Release Letter to access 2 any of the documents listed in this Section which are not 3 included in their Adoption/Surrender Records File. The 4 Illinois Adoption Registry Release Letter shall entitle the 5 adopted or surrendered person to receive a copy of his or her 6 original certificate of live birth from the Department of 7 Public Health; if applicable, a copy of the judgment for 8 adoption from the court of the county where the adoption was 9 finalized; any written statements, letters, photographs, or 10 other items which have been submitted to any agency or 11 attorney that was involved in the adoption proceedings or 12 surrender and are specifically intended for the adopted or 13 surrendered person; and any medical or nursery records 14 pertaining to the adopted or surrendered person and histories 15 of prior placement which are in the possession of any agency 16 or attorney that was involved in the adoption proceedings or 17 surrender. 18 (1) If only the birth mother is named on the 19 original certificate of live birth and, if applicable, 20 the judgment for adoption, and the adopted or surrendered 21 person is the subject of an Information Release 22 Authorization filed with the Registry by this birth 23 parent, the Illinois Adoption Registry shall provide the 24 adopted or surrendered person with an unaltered copy of 25 his or her original certificate of live birth and, if 26 applicable, judgment for adoption, or issue an Illinois 27 Adoption Registry Release Letter which entitles him or 28 her to receive unaltered copies of the original 29 certificate of live birth and, if applicable, the 30 judgment for adoption and other specified documents. 31 (2) If only the birth mother is named on the 32 original certificate of live birth and, if applicable, 33 the judgment for adoption, and there is a proof of death 34 on file with the Registry indicating that the birth HB0631 Engrossed -15- LRB9100454SMdvE 1 mother has been deceased for at least 2 years, the 2 Illinois Adoption Registry shall provide the adopted or 3 surrendered person with an Illinois Adoption Registry 4 Release Letter entitling him or her to receive unaltered 5 copies of the original certificate of live birth and, if 6 applicable, the judgment for adoption and other specified 7 documents. 8 (3) If both the birth mother and birth father are 9 named on the original certificate of live birth or, if 10 applicable, the judgment for adoption, and both birth 11 parents have filed an Information Release Authorization 12 with the Registry, the Illinois Adoption Registry shall 13 provide the adopted or surrendered person with an 14 unaltered copy of his or her original certificate of live 15 birth and, if applicable, judgment for adoption or issue 16 an Illinois Adoption Registry Release Letter which 17 entitles him or her to receive unaltered copies of the 18 original certificate of live birth and, if applicable, 19 the judgment for adoption and other specified documents. 20 (4) If both the birth mother and birth father are 21 named on the original certificate of live birth or, if 22 applicable, the judgment for adoption, and only one of 23 the birth parents has filed an Information Release 24 Authorization with the Registry, the adopted or 25 surrendered person may either: 26 (A) Request that the name of the birth parent 27 who has not filed an Information Release 28 Authorization with the Illinois Adoption Registry be 29 deleted from any copies of the original certificate 30 of live birth and, if applicable, the judgment for 31 adoption and other specified documents issued to the 32 adopted or surrendered person and that this deletion 33 be specified on any Illinois Adoption Registry 34 Release Letter issued to the adopted or surrendered HB0631 Engrossed -16- LRB9100454SMdvE 1 person; or 2 (B) Provide a proof of death for the birth 3 parent who has not filed an Information Release 4 Authorization with the Registry. Upon receipt of a 5 proof of death indicating that the nonconsenting 6 birth parent has been deceased for at least 2 years, 7 the Illinois Adoption Registry shall provide the 8 adopted or surrendered person with an Illinois 9 Adoption Registry Release Letter entitling him or 10 her to receive unaltered copies of the original 11 certificate of live birth and, if applicable, the 12 judgment for adoption and other specified documents. 13 (5) If the biological relative who has been matched 14 with an adopted or surrendered person is not one of his 15 or her birth parents, the release of the adopted or 16 surrendered person's original certificate of live birth 17 or, if applicable, judgment for adoption and the issuance 18 of his or her Illinois Adoption Registry Release Letter 19 shall be contingent upon the registrant providing a proof 20 of death or Information Release Authorization for all 21 birth parents named on the original certificate of live 22 birth or, if applicable, judgment for adoption, as 23 specified in subsections (1) through (4). 24 (750 ILCS 50/18.058 new) 25 Sec. 18.058. Registration fee. A $40 fee shall be 26 charged for registering with the Illinois Adoption Registry 27 and Medical Information Exchange. However this fee shall be 28 waived for all adult adopted or surrendered persons, adoptive 29 parents, adoptive relatives, legal guardians, birth parents, 30 and birth relatives who complete Part II of the Illinois 31 Adoption Registry Application at the time of registration, as 32 well as for adoptive parents registering within 12 months of 33 the finalization of the adoption. All persons who were HB0631 Engrossed -17- LRB9100454SMdvE 1 registered with the Illinois Adoption Registry prior to the 2 effective date of this amendatory Act of the 91st General 3 Assembly and who wish to update their registration may do so 4 without charge. 5 (750 ILCS 50/18.059 new) 6 Sec. 18.059. Exemption from liability. No liability 7 shall accrue to the State, any agency or employee thereof, 8 any private agency, or any attorney for acts or efforts made 9 within the scope of this amendatory Act of the 91st General 10 Assembly and pursuant to its provisions. 11 (750 ILCS 50/18.060 new) 12 Sec. 18.060. Effective date of entitlement. The 13 effective date of entitlement of any person to an Illinois 14 Adoption Registry Release Letter shall be March 1, 2000. 15 (750 ILCS 50/18.061 new) 16 Sec. 18.061. Illinois Adoption Registry and Medical 17 Information Exchange Fund. There is hereby created in the 18 State treasury a special fund to be known as the Illinois 19 Adoption Registry and Medical Information Exchange Fund. All 20 fees collected by the Illinois Adoption Registry under this 21 amendatory Act of the 91st General Assembly shall be 22 deposited into the Fund. Subject to appropriation, the 23 amounts in the Fund shall be used by the Department of Public 24 Health to conduct activities related to maintaining the 25 Illinois Adoption Registry and Medical Information Exchange 26 and issuing any documents and forms related to this 27 amendatory Act of the 91st General Assembly. 28 (750 ILCS 50/18.062 new) 29 Sec. 18.062. Improper disclosure of identifying 30 information. All information submitted to the Registry is HB0631 Engrossed -18- LRB9100454SMdvE 1 confidential and gathered by the State solely for the purpose 2 of facilitating the exchange of updated medical data and 3 contact information between adopted and surrendered persons 4 and other interested parties. Information exchanged through 5 the Registry shall not be admissible as evidence nor 6 discoverable in any action of any kind in any court or before 7 any tribunal, board, agency, or commission. Disclosure of 8 identifying information in violation of this Act shall be a 9 Class C misdemeanor. 10 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) 11 Sec. 18.3a. Confidential intermediary. 12 (a) General purposes. Notwithstanding any other 13 provision of this Act, any adoptee over the age of 18 or any 14 adoptive parent or legal guardian of an adoptee under the age 15 of 18 may petition the court for appointment of a 16 confidential intermediary as provided in this Section for the 17 purpose of obtaining from one or both biological parents or a 18 sibling or siblings of the adoptee information concerning the 19 background of a psychological or genetically-based medical 20 problem experienced or which may be expected to be 21 experienced in the future by the adoptee or obtaining 22 assistance in treating such a problem. 23 (b) Petition. The court shall appoint a confidential 24 intermediary for the purposes described in subsection (f) if 25 the petitioner shows the following: 26 (1) the adoptee is suffering or may be expected to 27 suffer in the future from a life-threatening or 28 substantially incapacitating physical illness of any 29 nature, or a psychological disturbance which is 30 substantially incapacitating but not life-threatening, or 31 a mental illness which, in the opinion of a physician 32 licensed to practice medicine in all its branches, is or 33 could be genetically based to a significant degree; HB0631 Engrossed -19- LRB9100454SMdvE 1 (2) the treatment of the adoptee, in the opinion of 2 a physician licensed to practice medicine in all of its 3 branches, would be materially assisted by information 4 obtainable from the biological parents or might benefit 5 from the provision of organs or other bodily tissues, 6 materials, or fluids by the biological parents or other 7 close biological relatives; and 8 (3) there is neither an Information Exchange 9 Authorization nor a Denial of Information Exchange filed 10 in the Registry as provided in Section 18.05418.1. 11 The affidavit or testimony of the treating physician 12 shall be conclusive on the issue of the utility of contact 13 with the biological parents unless the court finds that the 14 relationship between the illness to be treated and the 15 alleged need for contact is totally without foundation. 16 (c) Fees and expenses. The court shall condition the 17 appointment of the confidential intermediary on the payment 18 of the intermediary's fees and expenses in advance, unless 19 the intermediary waives the right to full advance payment or 20 to any reimbursement at all. 21 (d) Eligibility of intermediary. The court may appoint 22 as confidential intermediary either an employee of the 23 Illinois Department of Children and Family Services 24 designated by the Department to serve as such, any other 25 person certified by the Department as qualified to serve as a 26 confidential intermediary, or any employee of a licensed 27 child welfare agency certified by the agency as qualified to 28 serve as a confidential intermediary. 29 (e) Access. Notwithstanding any other provision of law, 30 the confidential intermediary shall have access to all 31 records of the court or any agency, public or private, which 32 relate to the adoption or the identity and location of any 33 biological parent. 34 (f) Purposes of contact. The confidential intermediary HB0631 Engrossed -20- LRB9100454SMdvE 1 has only the following powers and duties: 2 (1) To contact one or both biological parents, 3 inform the parent or parents of the basic medical problem 4 of the adoptee and the nature of the information or 5 assistance sought from the biological parent, and inform 6 the parent or parents of the following options: 7 (A) The biological parent may totally reject 8 the request for assistance or information, or both, 9 and no disclosure of identity or location shall be 10 made to the petitioner. 11 (B) The biological parent may file an 12 Information Exchange Authorization as provided in 13 Section 18.05418.1. The confidential intermediary 14 shall explain to the biological parent the 15 consequences of such a filing, including that the 16 biological parent's identity will be available for 17 discovery by the adoptee. If the biological parent 18 agrees to this option, the confidential intermediary 19 shall supply the parent with the appropriate forms, 20 shall be responsible for their immediate filing with 21 the Registry, and shall inform the petitioner of 22 their filing. 23 (C) If the biological parent wishes to provide 24 the information or assistance sought but does not 25 wish his or her identity disclosed, the confidential 26 intermediary shall arrange for the disclosure of the 27 information or the provision of assistance in as 28 confidential a manner as possible so as to protect 29 the privacy of the biological parent and minimize 30 the likelihood of disclosure of the biological 31 parent's identity. 32 (2) If a biological parent so desires, to arrange 33 for a confidential communication with the treating 34 physician to discuss the need for the requested HB0631 Engrossed -21- LRB9100454SMdvE 1 information or assistance. 2 (3) If a biological parent agrees to provide the 3 information or assistance sought but wishes to maintain 4 his or her privacy, to arrange for the provision of the 5 information or assistance to the physician in as 6 confidential a manner as possible so as to protect the 7 privacy of the biological parent and minimize the 8 likelihood of disclosure of the biological parent's 9 identity. 10 (g) Oath. The confidential intermediary shall sign an 11 oath of confidentiality substantially as follows: 12 "I, .........., being duly sworn, on oath depose and 13 say: As a condition of appointment as a confidential 14 intermediary, I affirm that: 15 (1) I will not disclose to the petitioner, directly 16 or indirectly, any information about the identity or 17 location of the biological parent whose assistance is 18 being sought for medical reasons except in a manner 19 consistent with the law. 20 (2) I recognize that violation of this oath 21 subjects me to civil liability and to being found in 22 contempt of court. 23 ................................ 24 SUBSCRIBED AND SWORN to before me, a Notary Public, 25 on (insert date).this ..... day of .........., 19...26 ................................" 27 (h) Sanctions. 28 (1) Any confidential intermediary who improperly 29 discloses information identifying a biological parent 30 shall be liable to the biological parent for damages and 31 may also be found in contempt of court. 32 (2) Any physician or other person who learns a 33 biological parent's identity, directly or indirectly, 34 through the use of procedures provided in this Section HB0631 Engrossed -22- LRB9100454SMdvE 1 and who improperly discloses information identifying the 2 biological parent shall be liable to the biological 3 parent for actual damages plus minimum punitive damages 4 of $10,000. 5 (i) Death of biological parent. Notwithstanding any 6 other provision of this Act, if the confidential intermediary 7 discovers that the person whose assistance is sought has 8 died, he or she shall report this fact to the court, along 9 with a copy of the death certificate if possible. 10 (Source: P.A. 86-1451; revised 10-20-98.) 11 (750 ILCS 50/18.1 rep.) 12 (750 ILCS 50/18.3 rep.) 13 (750 ILCS 50/18.5 rep.) 14 (750 ILCS 50/18.6 rep.) 15 Section 15. The Adoption Act is amended by repealing 16 Sections 18.1, 18.3, 18.5, and 18.6. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.