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91_HB0631ham002
LRB9100454SMpram
1 AMENDMENT TO HOUSE BILL 631
2 AMENDMENT NO. . Amend House Bill 631, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The State Finance Act is amended by adding
6 Section 5.490 as follows:
7 (30 ILCS 105/5.490 new)
8 Sec. 5.490. The Illinois Adoption Registry and Medical
9 Information Exchange Fund.
10 Section 10. The Adoption Act is amended by adding
11 Sections 18.051, 18.052, 18.053, 18.054, 18.055, 18.056,
12 18.057, 18.058, 18.059, 18.060, 18.061, and 18.062 and
13 changing Section 18.3a as follows:
14 (750 ILCS 50/18.051 new)
15 Sec. 18.051. The Illinois Adoption Registry and Medical
16 Information Exchange; legislative intent. The General
17 Assembly recognizes the importance of creating a procedure by
18 which mutually consenting adult members of birth families and
19 adoptive families, as well as legal guardians of surrendered
20 children, and adult adopted or surrendered persons may
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1 voluntarily exchange vital medical information throughout the
2 life of the adopted or surrendered person. The General
3 Assembly further recognizes that it is in the best interest
4 of adopted and surrendered persons and their birth and
5 adoptive families that birth family medical histories and the
6 preferences regarding contact of all parties to an adoption
7 be compiled, preserved and provided, upon request, to the
8 adoptive parents and legal guardians of adopted or
9 surrendered children and to adult adopted or surrendered
10 persons and their birth and adoptive relatives. The purpose
11 of this amendatory Act of the 91st General Assembly is to
12 respond to these concerns by redefining the function and
13 operation of the Illinois Adoption Registry and creating the
14 voluntary Medical Information Exchange.
15 (750 ILCS 50/18.052 new)
16 Sec. 18.052. Definitions. When used in Sections
17 beginning with Section 18.051 and preceding Section 18.1,
18 unless the context otherwise requires:
19 "Adopted person" means a person who was adopted pursuant
20 to the laws in effect at the time of the adoption.
21 "Adoptive parent" means a person who has become a parent
22 through the legal process of adoption.
23 "Adoptive relative" means the widow or widower, adult
24 child or adoptive parent of a deceased adopted or surrendered
25 person.
26 "Agency" means a public child welfare agency or a
27 licensed child welfare agency.
28 "Birth father" means the biological father of an adopted
29 or surrendered person who is named on the original
30 certificate of live birth, in the agency or court file, on a
31 consent or surrender document, or a notarized statement duly
32 executed and signed by the birth mother, or a biological
33 father whose paternity has been established by a judgment or
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1 order of the court.
2 "Birth mother" means the biological mother of an adopted
3 or surrendered person.
4 "Birth parent" means a parent, by birth, of an adopted or
5 surrendered person.
6 "Birth relative" means a parent, adult biological
7 sibling, adoptive child, or biological child who was not
8 surrendered for adoption of a deceased birth parent.
9 "Birth sibling" means the adult adopted or surrendered
10 full or half sibling of an adopted or surrendered person.
11 "Denial of Information Exchange" means an affidavit
12 completed by an applicant to the Illinois Adoption Registry
13 and Medical Information Exchange denying the release of his
14 or her name and address to a specified party or parties.
15 "Identifying information" means the surname, given name
16 or names, and address of any interested party.
17 "Illinois Adoption Registry Release Letter" means a
18 document issued by the Department of Public Health which
19 entitles an adopted person who is the subject of a Registry
20 match to receive copies of his or her original certificate of
21 live birth, judgment for adoption, and certain documents and
22 records in the possession of the agency or attorney that was
23 involved in the adoption proceedings or surrender.
24 "Information Exchange Authorization" means an affidavit
25 completed by an applicant to the Illinois Adoption Registry
26 and Medical Information Exchange authorizing the release of
27 his or her name and address to a specified party or parties.
28 "Interested party" means an adoptive parent or legal
29 guardian of an adopted or surrendered person under the age of
30 18, an adopted or surrendered person 18 years of age or over,
31 an eligible adoptive relative, a birth parent, a birth
32 sibling, or an eligible birth relative.
33 "Medical Information Exchange Questionnaire" means the
34 medical history questionnaire completed by applicants to the
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1 Illinois Adoption Registry and Medical Information Exchange.
2 "Proof of death" means a death certificate, a death
3 notice, or a legal notice of death published in a daily
4 newspaper.
5 "Surrendered person" means a person who was surrendered
6 for adoption but not adopted.
7 (750 ILCS 50/18.053 new)
8 Sec. 18.053. The Illinois Adoption Registry and Medical
9 Information Exchange.
10 (a) General function. Subject to appropriation, the
11 Department of Public Health shall redefine the function of
12 the Illinois Adoption Registry, and create the Medical
13 Information Exchange in the manner outlined in subsections
14 (b) through (d) for the purpose of facilitating the
15 voluntary exchange of medical information between mutually
16 consenting birth parents, birth siblings, and eligible birth
17 relatives and the adoptive parents and legal guardians of
18 adopted or surrendered minors, adult adopted or surrendered
19 persons, and adoptive relatives. The Department shall
20 establish rules for the confidential operation of the
21 Illinois Adoption Registry and, from July 1, 1999 to July 1,
22 2000, shall conduct a public information campaign through
23 public service announcements and other forms of media
24 coverage, and, for a minimum of 4 years, through notices on
25 driver's license renewal applications, to inform adopted and
26 surrendered persons born, surrendered, or adopted in Illinois
27 and their adoptive parents, legal guardians, birth parents,
28 and birth relatives of the provisions of this amendatory Act
29 of the 91st General Assembly. The Illinois Adoption Registry
30 shall also establish an informational internet site where
31 interested parties may access a summary of the provisions of
32 this amendatory Act of the 91st General Assembly and download
33 all necessary application forms. The Illinois Adoption
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1 Registry shall maintain statistical records, publish and
2 circulate to the public informational material about the
3 function and operation of the Registry, and provide
4 interested parties with Medical Exchange Questionnaires and
5 all other Illinois Adoption Registry applications and forms.
6 The Registry shall forward to each registrant a copy of any
7 Medical Exchange Questionnaire submitted to the Registry
8 prior to the registrant's registration by one of his or her
9 biological relatives or, if the registrant is the adoptive
10 parent or legal guardian of an adopted or surrendered person
11 under the age of 18, any Medical Exchange Questionnaire
12 submitted to the Registry by a biological relative of his or
13 her adopted child or the child who is under his or her legal
14 guardianship. If an adult adopted or surrendered person,
15 adoptive parent, legal guardian, or adoptive relative has
16 registered with the Registry and one of the adopted or
17 surrendered person's biological relatives subsequently
18 applies to the Registry, the Illinois Adoption Registry shall
19 forward a copy of the birth parent's, birth sibling's, or
20 birth relative's Medical Information Exchange Questionnaire
21 to the adopted or surrendered person, adoptive parent, legal
22 guardian, or adoptive relative at the most recent address on
23 file with the Illinois Adoption Registry and Medical
24 Information Exchange.
25 (b) Voluntary birth parent registration at the time of
26 surrender or involuntary termination of parental rights. On
27 and after January 1, 2000, at the time a child is surrendered
28 or parental rights are involuntarily terminated, the agency,
29 Department of Children and Family Services, Court Supportive
30 Services, Juvenile Division of the Circuit Court, Probation
31 Officers of the Circuit Court, or any other party to the
32 surrender or consent to adoption shall request that the birth
33 parent or parents voluntarily register with the Illinois
34 Adoption Registry and Medical Information Exchange and
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1 complete Parts I and II of the Illinois Adoption Registry
2 Application. If desired, the birth parent or parents may
3 also file an Information Exchange Authorization or Denial of
4 Information Exchange with the Registry at any time after a
5 child is surrendered for adoption or parental rights are
6 involuntarily terminated, at any time during the adoption
7 proceedings, or at any time thereafter.
8 (c) Establishment of the Adoption/Surrender Records
9 File. All records received by the Registry which pertain to
10 an individual adoption or surrender shall be placed into a
11 single Adoption/Surrender Records File. The Illinois Adoption
12 Registry shall establish a new Adoption/Surrender Records
13 File for any adoption finalized by a court action in the
14 State of Illinois, any adoption of a person born in Illinois
15 finalized by a court action in a state other than Illinois or
16 in a foreign country, and any surrender taken in the State
17 of Illinois for which the adopted or surrendered person, or
18 one of his or her birth parents, birth siblings, eligible
19 birth or adoptive relatives, adoptive parents, or legal
20 guardians has voluntarily registered with the Registry and
21 completed an Illinois Adoption Registry Application. Files
22 may be established for adoptions finalized prior to as well
23 as adoptions finalized on or after the effective date of this
24 amendatory Act of the 91st General Assembly.
25 (d) Contents of the Adoption/Surrender Records File.
26 The Adoption/Surrender Records File shall contain the
27 following items, to the extent that they are available:
28 (1) Parts I and II of any Illinois Adoption
29 Registry Application which has been voluntarily completed
30 by the adopted or surrendered person or his or her
31 adoptive parents, legal guardians, birth parents, birth
32 siblings, adoptive relatives, or birth relatives.
33 (2) Any written statements, letters, photographs,
34 or other items voluntarily provided by any registrant for
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1 the adopted or surrendered person or any other interested
2 party at the time of registration or any time thereafter.
3 All such items and documents shall be submitted in an
4 unsealed envelope no larger than 8 1/2" x 11", and shall
5 not include identifying information pertaining to any
6 person other than the registrant who submitted them.
7 (3) Any Information Exchange Authorization or
8 Denial of Information Exchange which has been filed by
9 the adopted or surrendered person or any other interested
10 party at the time of registration or any time thereafter.
11 (4) For all adoptions finalized after January 1,
12 2000, copies of the original certificate of live birth,
13 the consent or surrender to adoption or order of
14 termination of parental rights, and the judgment for
15 adoption as well as the Affidavit of Information.
16 (5) Any updated addresses submitted by any
17 interested party.
18 (6) Any non-identifying information submitted to
19 the Registry by a confidential intermediary.
20 (7) Any proof of death which has been submitted by:
21 an adoptive parent, adoptive relative, legal guardian, or
22 friend of an adopted or surrendered person in the event
23 of his or her death; a birth relative, legal guardian, or
24 friend of a deceased birth parent in the event of his or
25 her death; or a confidential intermediary.
26 (750 ILCS 50/18.054 new)
27 Sec. 18.054. The Illinois Adoption Registry Application.
28 The Illinois Adoption Registry Application shall
29 substantially include the following:
30 (a) Part I: General Information. The Illinois Adoption
31 Registry Application shall include the following general
32 information subparts:
33 (1) A subpart for information about the registrant
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1 including his or her surname, given name or names, social
2 security number (optional), mailing address, home
3 telephone number, gender, date and place of birth, and
4 the date of registration. This subpart shall also
5 include the address and telephone number of the Illinois
6 Adoption Registry.
7 (2) A subpart for information to be completed by
8 the registrant if he or she is an adopted or surrendered
9 person 18 years of age or over, including, if known to
10 the applicant, the state and county where the judgment of
11 adoption was finalized, the surnames, given name or
12 names, and birthplaces of the adoptive parents, and the
13 adopted or surrendered person's birth name.
14 (3) A subpart for information to be completed by
15 the registrant if he or she is the adoptive parent or
16 legal guardian of an adopted or surrendered person under
17 the age of 18, a birth parent, or the birth or adoptive
18 relative of an adopted or surrendered person. If
19 applicable and known to the registrant, this information
20 shall include the maiden surname of the birth mother, any
21 subsequent surnames of the birth mother, the surname of
22 the birth father, the given name or names of the birth
23 parents, the dates and places of birth of the birth
24 parents, the surname and given name or names of the
25 adopted person prior to adoption, the gender and date and
26 place of birth of the adopted or surrendered person, and
27 the name of the adopted person following his or her
28 adoption.
29 (b) Part II: Medical Information Exchange
30 Questionnaire. In recognition of the importance of medical
31 information and of recent discoveries regarding the genetic
32 origin of many medical conditions and diseases, with the
33 exception of adoptive parents registering less than one year
34 after their child's adoption was finalized, all applicants
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1 shall be asked to voluntarily complete a Medical Information
2 Exchange Questionnaire. The Medical Information Exchange
3 Questionnaire shall include a comprehensive check-list of
4 genetically-transmitted medical conditions and diseases.
5 Birth parents and birth and adoptive relatives shall be asked
6 to indicate all genetically-inherited diseases and conditions
7 on this list which are known to exist in the adopted or
8 surrendered person's biological family at the time of
9 registration.
10 Adopted and surrendered persons and their adoptive
11 parents, legal guardians, and adoptive relatives shall be
12 asked to indicate all genetically-inherited diseases and
13 medical conditions with which the adopted or surrendered
14 person or, if applicable, his or her children have been
15 diagnosed since birth. In addition, all birth parents shall
16 be apprised of the Registry's provisions for voluntarily
17 submitting information about their and their family's medical
18 histories on a confidential, ongoing basis.
19 The form and content of the Medical Information Exchange
20 Questionnaire shall be determined by the Illinois Department
21 of Public Health and shall include a Hereditary Diseases
22 Section that allows the applicant to indicate any
23 genetically-transmitted diseases or conditions listed on the
24 medical questionnaire with which the adopted or surrendered
25 person has been diagnosed since birth, if applicable, which
26 are known to exist in the adopted or surrendered person's
27 biological family. The Medical Exchange Questionnaire shall
28 also include a disclaimer informing registrants that the
29 Department of Public Health cannot guarantee the accuracy of
30 medical information exchanged through the Registry.
31 (c) Part III: Written statement. All registrants shall
32 be given the opportunity to voluntarily file a written
33 statement with the Registry. This statement may include any
34 additional medical data or any known social, ethnic, or
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1 biographical information, and may be submitted on the space
2 provided on the Information Exchange Authorization or in a
3 separate, unsealed envelope no larger than 8 1/2" x 11". No
4 written statement submitted to the Registry shall include
5 identifying information pertaining to any person other than
6 the registrant who submitted it.
7 (d) Part IV. Contact information. All registrants may
8 indicate their wishes regarding contact with any other
9 interested party by completing an Information Exchange
10 Authorization, a Denial of Information Exchange, or an
11 affidavit authorizing contact by a certified confidential
12 intermediary.
13 (1) Information Exchange Authorization. Adopted or
14 surrendered persons 18 years of age or over who would
15 welcome contact with one or more of their birth parents,
16 birth siblings, or birth relatives; birth parents, and
17 birth relatives who would welcome contact with an adopted
18 or surrendered person, or one or more of his or her
19 adoptive parents or legal guardians or adoptive
20 relatives; and adoptive parents or legal guardians of
21 adopted or surrendered persons under the age of 18 who
22 would welcome contact with one or more of the adopted or
23 surrendered person's birth parents, birth siblings, or
24 birth relatives may specify with which biological
25 relative or relatives of the adopted or surrendered
26 person they wish to exchange identifying information by
27 filing an Information Exchange Authorization at the time
28 of the adoption or surrender, or any time thereafter.
29 (2) Denial of Information Exchange. Adopted or
30 surrendered persons 18 years of age or over who do not
31 wish to establish direct contact with one or more of
32 their birth parents, birth siblings, or birth relatives
33 may specify with which biological relative or relatives
34 they do not wish to exchange identifying information by
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1 filing a Denial of Information Exchange. Birth parents
2 and birth relatives who do not wish to establish direct
3 contact with an adopted or surrendered person, or one or
4 more of his or her adoptive parents or legal guardians,
5 or his or her adoptive relatives; and adoptive parents or
6 legal guardians of adopted or surrendered persons under
7 the age of 18 who do not wish to establish direct contact
8 with one or more of the adopted or surrendered person's
9 birth parents, birth siblings, or birth relatives may
10 specify with which biological relative or relatives they
11 do not wish to exchange identifying information by filing
12 a Denial of Information Exchange at the time of the
13 adoption or surrender, or any time thereafter.
14 Upon receipt of a Denial of Information Exchange or
15 Information Exchange Authorization, the Illinois Adoption
16 Registry shall provide the registrant with a copy of the
17 appropriate revocation form. A Denial of Information
18 Exchange or Information Exchange Authorization may be
19 revoked at any time, without charge, by filing the
20 appropriate revocation form or by notifying the Registry
21 in writing of the desire to revoke the Denial of
22 Information Exchange or the Information Exchange
23 Authorization. Denials of Information Exchange and
24 Information Exchange Authorizations filed by an adoptive
25 parent or legal guardian on behalf of an adopted or
26 surrendered person under the age of 18 shall expire on
27 the adopted or surrendered person's 18th birthday;
28 thereafter, unless the adopted or surrendered person
29 files contact information with the Registry,
30 registrations filed by his or her birth parents, birth
31 siblings, or birth relatives shall be handled in the same
32 manner as in cases where the adopted or surrendered
33 person has not filed an Information Exchange
34 Authorization or Denial of Information Exchange with the
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1 Registry.
2 (e) All Illinois Adoption Registry Applications,
3 Information Exchange Authorizations, Denials of Information
4 Exchange, requests to revoke an Information Exchange
5 Authorization or Denial of Information Exchange, and
6 affidavits submitted to the Registry shall be accompanied by
7 proof of identification. In addition, applications submitted
8 by a birth relative or an adoptive relative shall also be
9 accompanied by a proof of death for the deceased birth parent
10 or adopted person.
11 (750 ILCS 50/18.055 new)
12 Sec. 18.055. Effective date of registration.
13 Registration with the Illinois Adoption Registry and Medical
14 Information Exchange shall become effective as soon as the
15 applicant's completed Illinois Adoption Registry Application
16 has been filed with the Registry.
17 (750 ILCS 50/18.056 new)
18 Sec. 18.056. Registry matches.
19 (a) The Registry shall release identifying information
20 to the following mutually consenting registered parties and
21 provide them with a copy of the other party's Medical
22 Information Exchange Questionnaire as well as any written
23 statements, letters, photographs, or other items which have
24 been placed in the Adoption/Surrender Records File and
25 specifically intended for the registered parties:
26 (i) an adult adopted or surrendered person and one
27 of his or her birth parents or birth siblings who have
28 both filed an Information Exchange Authorization
29 specifying the other consenting party with the Registry,
30 if information available to the Registry confirms that
31 the consenting adopted or surrendered person is a
32 biological relative of the consenting birth parent or
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1 sibling;
2 (ii) the adoptive parent or legal guardian of an
3 adopted or surrendered person under the age of 18 and one
4 of his or her birth parents, birth siblings, or birth
5 relatives who have both filed an Information Exchange
6 Authorization specifying the other consenting party with
7 the Registry, if information available to the Registry
8 confirms that the child of the consenting adoptive parent
9 or legal guardian is a biological relative of the
10 consenting birth parent, birth sibling, or birth
11 relative; or
12 (iii) a birth parent, birth sibling, or birth
13 relative and an adoptive relative who have both filed an
14 Information Exchange Authorization specifying the other
15 consenting party with the Registry, if information
16 available to the Registry confirms that the deceased
17 adopted person was a biological relative of the
18 consenting birth parent, birth sibling, or birth
19 relative; or
20 (iv) a birth relative and an adopted or surrendered
21 person who have both filed an Information Exchange
22 Authorization specifying the other consenting party with
23 the Registry, if information available to the Registry
24 confirms that the adopted or surrendered person was a
25 biological relative of the deceased birth parent.
26 All eligible adult adopted or surrendered persons who are the
27 subject of a Registry match may be issued an Illinois
28 Adoption Registry Release Letter for any documents listed in
29 subsection (a) of Section 18.059 which are not included in
30 the Adoption/Surrender Records File.
31 (b) In the event that an interested party is the subject
32 of a Denial of Information Release filed by another party to
33 the adoption, the Registry shall not release identifying
34 information to either registrant. However, both registrants
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1 shall be provided with a copy of the other party's Medical
2 Denial of Information Exchange Questionnaire as well as any
3 letters, pictures, or documents which have been placed in the
4 Adoption/Surrender Records File by the person who filed the
5 Denial of Information Release and are specifically intended
6 for them.
7 (750 ILCS 50/18.057 new)
8 Sec. 18.057. Illinois Adoption Registry Authorization.
9 In the event of a Registry match, adult adopted or
10 surrendered persons, under certain circumstances, may be
11 issued an Illinois Adoption Registry Release Letter to access
12 any of the documents listed in this Section which are not
13 included in their Adoption/Surrender Records File. The
14 Illinois Adoption Registry Release Letter shall entitle the
15 adopted or surrendered person to receive a copy of his or her
16 original certificate of live birth from the Department of
17 Public Health; if applicable, a copy of the judgment for
18 adoption from the court of the county where the adoption was
19 finalized; any written statements, letters, photographs, or
20 other items which have been submitted to any agency or
21 attorney that was involved in the adoption proceedings or
22 surrender and are specifically intended for the adopted or
23 surrendered person; and any medical or nursery records
24 pertaining to the adopted or surrendered person and histories
25 of prior placement which are in the possession of any agency
26 or attorney that was involved in the adoption proceedings or
27 surrender.
28 (1) If only the birth mother is named on the
29 original certificate of live birth and, if applicable,
30 the judgment for adoption, and the adopted or surrendered
31 person is the subject of an Information Release
32 Authorization filed with the Registry by this birth
33 parent, the Illinois Adoption Registry shall provide the
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1 adopted or surrendered person with an unaltered copy of
2 his or her original certificate of live birth and, if
3 applicable, judgment for adoption, or issue an Illinois
4 Adoption Registry Release Letter which entitles him or
5 her to receive unaltered copies of the original
6 certificate of live birth and, if applicable, the
7 judgment for adoption and other specified documents.
8 (2) If only the birth mother is named on the
9 original certificate of live birth and, if applicable,
10 the judgment for adoption, and there is a proof of death
11 on file with the Registry indicating that the birth
12 mother has been deceased for at least 2 years, the
13 Illinois Adoption Registry shall provide the adopted or
14 surrendered person with an Illinois Adoption Registry
15 Release Letter entitling him or her to receive unaltered
16 copies of the original certificate of live birth and, if
17 applicable, the judgment for adoption and other specified
18 documents.
19 (3) If both the birth mother and birth father are
20 named on the original certificate of live birth or, if
21 applicable, the judgment for adoption, and both birth
22 parents have filed an Information Release Authorization
23 with the Registry, the Illinois Adoption Registry shall
24 provide the adopted or surrendered person with an
25 unaltered copy of his or her original certificate of live
26 birth and, if applicable, judgment for adoption or issue
27 an Illinois Adoption Registry Release Letter which
28 entitles him or her to receive unaltered copies of the
29 original certificate of live birth and, if applicable,
30 the judgment for adoption and other specified documents.
31 (4) If both the birth mother and birth father are
32 named on the original certificate of live birth or, if
33 applicable, the judgment for adoption, and only one of
34 the birth parents has filed an Information Release
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1 Authorization with the Registry, the adopted or
2 surrendered person may either:
3 (A) Request that the name of the birth parent
4 who has not filed an Information Release
5 Authorization with the Illinois Adoption Registry be
6 deleted from any copies of the original certificate
7 of live birth and, if applicable, the judgment for
8 adoption and other specified documents issued to the
9 adopted or surrendered person and that this deletion
10 be specified on any Illinois Adoption Registry
11 Release Letter issued to the adopted or surrendered
12 person; or
13 (B) Provide a proof of death for the birth
14 parent who has not filed an Information Release
15 Authorization with the Registry. Upon receipt of a
16 proof of death indicating that the nonconsenting
17 birth parent has been deceased for at least 2 years,
18 the Illinois Adoption Registry shall provide the
19 adopted or surrendered person with an Illinois
20 Adoption Registry Release Letter entitling him or
21 her to receive unaltered copies of the original
22 certificate of live birth and, if applicable, the
23 judgment for adoption and other specified documents.
24 (5) If the biological relative who has been matched
25 with an adopted or surrendered person is not one of his
26 or her birth parents, the release of the adopted or
27 surrendered person's original certificate of live birth
28 or, if applicable, judgment for adoption and the issuance
29 of his or her Illinois Adoption Registry Release Letter
30 shall be contingent upon the registrant providing a proof
31 of death or Information Release Authorization for all
32 birth parents named on the original certificate of live
33 birth or, if applicable, judgment for adoption, as
34 specified in subsections (1) through (4).
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1 (750 ILCS 50/18.058 new)
2 Sec. 18.058. Registration fee. A $40 fee shall be
3 charged for registering with the Illinois Adoption Registry
4 and Medical Information Exchange. However this fee shall be
5 waived for all adult adopted or surrendered persons, adoptive
6 parents, adoptive relatives, legal guardians, birth parents,
7 and birth relatives who complete Part II of the Illinois
8 Adoption Registry Application at the time of registration, as
9 well as for adoptive parents registering within 12 months of
10 the finalization of the adoption. All persons who were
11 registered with the Illinois Adoption Registry prior to the
12 effective date of this amendatory Act of the 91st General
13 Assembly and who wish to update their registration may do so
14 without charge.
15 (750 ILCS 50/18.059 new)
16 Sec. 18.059. Exemption from liability. No liability
17 shall accrue to the State, any agency or employee thereof,
18 any private agency, or any attorney for acts or efforts made
19 within the scope of this amendatory Act of the 91st General
20 Assembly and pursuant to its provisions.
21 (750 ILCS 50/18.060 new)
22 Sec. 18.060. Effective date of entitlement. The
23 effective date of entitlement of any person to an Illinois
24 Adoption Registry Release Letter shall be March 1, 2000.
25 (750 ILCS 50/18.061 new)
26 Sec. 18.061. Illinois Adoption Registry and Medical
27 Information Exchange Fund. There is hereby created in the
28 State treasury a special fund to be known as the Illinois
29 Adoption Registry and Medical Information Exchange Fund. All
30 fees collected by the Illinois Adoption Registry under this
31 amendatory Act of the 91st General Assembly shall be
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1 deposited into the Fund. Subject to appropriation, the
2 amounts in the Fund shall be used by the Department of Public
3 Health to conduct activities related to maintaining the
4 Illinois Adoption Registry and Medical Information Exchange
5 and issuing any documents and forms related to this
6 amendatory Act of the 91st General Assembly.
7 (750 ILCS 50/18.062 new)
8 Sec. 18.062. Improper disclosure of identifying
9 information. All information submitted to the Registry is
10 confidential and gathered by the State solely for the purpose
11 of facilitating the exchange of updated medical data and
12 contact information between adopted and surrendered persons
13 and other interested parties. Information exchanged through
14 the Registry shall not be admissible as evidence nor
15 discoverable in any action of any kind in any court or before
16 any tribunal, board, agency, or commission. Disclosure of
17 identifying information in violation of this Act shall be a
18 Class C misdemeanor.
19 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
20 Sec. 18.3a. Confidential intermediary.
21 (a) General purposes. Notwithstanding any other
22 provision of this Act, any adoptee over the age of 18 or any
23 adoptive parent or legal guardian of an adoptee under the age
24 of 18 may petition the court for appointment of a
25 confidential intermediary as provided in this Section for the
26 purpose of obtaining from one or both biological parents or a
27 sibling or siblings of the adoptee information concerning the
28 background of a psychological or genetically-based medical
29 problem experienced or which may be expected to be
30 experienced in the future by the adoptee or obtaining
31 assistance in treating such a problem.
32 (b) Petition. The court shall appoint a confidential
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1 intermediary for the purposes described in subsection (f) if
2 the petitioner shows the following:
3 (1) the adoptee is suffering or may be expected to
4 suffer in the future from a life-threatening or
5 substantially incapacitating physical illness of any
6 nature, or a psychological disturbance which is
7 substantially incapacitating but not life-threatening, or
8 a mental illness which, in the opinion of a physician
9 licensed to practice medicine in all its branches, is or
10 could be genetically based to a significant degree;
11 (2) the treatment of the adoptee, in the opinion of
12 a physician licensed to practice medicine in all of its
13 branches, would be materially assisted by information
14 obtainable from the biological parents or might benefit
15 from the provision of organs or other bodily tissues,
16 materials, or fluids by the biological parents or other
17 close biological relatives; and
18 (3) there is neither an Information Exchange
19 Authorization nor a Denial of Information Exchange filed
20 in the Registry as provided in Section 18.054 18.1.
21 The affidavit or testimony of the treating physician
22 shall be conclusive on the issue of the utility of contact
23 with the biological parents unless the court finds that the
24 relationship between the illness to be treated and the
25 alleged need for contact is totally without foundation.
26 (c) Fees and expenses. The court shall condition the
27 appointment of the confidential intermediary on the payment
28 of the intermediary's fees and expenses in advance, unless
29 the intermediary waives the right to full advance payment or
30 to any reimbursement at all.
31 (d) Eligibility of intermediary. The court may appoint
32 as confidential intermediary either an employee of the
33 Illinois Department of Children and Family Services
34 designated by the Department to serve as such, any other
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1 person certified by the Department as qualified to serve as a
2 confidential intermediary, or any employee of a licensed
3 child welfare agency certified by the agency as qualified to
4 serve as a confidential intermediary.
5 (e) Access. Notwithstanding any other provision of law,
6 the confidential intermediary shall have access to all
7 records of the court or any agency, public or private, which
8 relate to the adoption or the identity and location of any
9 biological parent.
10 (f) Purposes of contact. The confidential intermediary
11 has only the following powers and duties:
12 (1) To contact one or both biological parents,
13 inform the parent or parents of the basic medical problem
14 of the adoptee and the nature of the information or
15 assistance sought from the biological parent, and inform
16 the parent or parents of the following options:
17 (A) The biological parent may totally reject
18 the request for assistance or information, or both,
19 and no disclosure of identity or location shall be
20 made to the petitioner.
21 (B) The biological parent may file an
22 Information Exchange Authorization as provided in
23 Section 18.054 18.1. The confidential intermediary
24 shall explain to the biological parent the
25 consequences of such a filing, including that the
26 biological parent's identity will be available for
27 discovery by the adoptee. If the biological parent
28 agrees to this option, the confidential intermediary
29 shall supply the parent with the appropriate forms,
30 shall be responsible for their immediate filing with
31 the Registry, and shall inform the petitioner of
32 their filing.
33 (C) If the biological parent wishes to provide
34 the information or assistance sought but does not
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1 wish his or her identity disclosed, the confidential
2 intermediary shall arrange for the disclosure of the
3 information or the provision of assistance in as
4 confidential a manner as possible so as to protect
5 the privacy of the biological parent and minimize
6 the likelihood of disclosure of the biological
7 parent's identity.
8 (2) If a biological parent so desires, to arrange
9 for a confidential communication with the treating
10 physician to discuss the need for the requested
11 information or assistance.
12 (3) If a biological parent agrees to provide the
13 information or assistance sought but wishes to maintain
14 his or her privacy, to arrange for the provision of the
15 information or assistance to the physician in as
16 confidential a manner as possible so as to protect the
17 privacy of the biological parent and minimize the
18 likelihood of disclosure of the biological parent's
19 identity.
20 (g) Oath. The confidential intermediary shall sign an
21 oath of confidentiality substantially as follows:
22 "I, .........., being duly sworn, on oath depose and
23 say: As a condition of appointment as a confidential
24 intermediary, I affirm that:
25 (1) I will not disclose to the petitioner, directly
26 or indirectly, any information about the identity or
27 location of the biological parent whose assistance is
28 being sought for medical reasons except in a manner
29 consistent with the law.
30 (2) I recognize that violation of this oath
31 subjects me to civil liability and to being found in
32 contempt of court.
33 ................................
34 SUBSCRIBED AND SWORN to before me, a Notary Public,
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1 on (insert date). this ..... day of .........., 19...
2 ................................"
3 (h) Sanctions.
4 (1) Any confidential intermediary who improperly
5 discloses information identifying a biological parent
6 shall be liable to the biological parent for damages and
7 may also be found in contempt of court.
8 (2) Any physician or other person who learns a
9 biological parent's identity, directly or indirectly,
10 through the use of procedures provided in this Section
11 and who improperly discloses information identifying the
12 biological parent shall be liable to the biological
13 parent for actual damages plus minimum punitive damages
14 of $10,000.
15 (i) Death of biological parent. Notwithstanding any
16 other provision of this Act, if the confidential intermediary
17 discovers that the person whose assistance is sought has
18 died, he or she shall report this fact to the court, along
19 with a copy of the death certificate if possible.
20 (Source: P.A. 86-1451; revised 10-20-98.)
21 (750 ILCS 50/18.1 rep.)
22 (750 ILCS 50/18.3 rep.)
23 (750 ILCS 50/18.5 rep.)
24 (750 ILCS 50/18.6 rep.)
25 Section 15. The Adoption Act is amended by repealing
26 Sections 18.1, 18.3, 18.5, and 18.6.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".