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91_HB0631sam001
SRS91HB0631JJcham05
1 AMENDMENT TO HOUSE BILL 631
2 AMENDMENT NO. . Amend House Bill 631 by replacing
3 everything after the enacting clause with the following:
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
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1 expire 4 years from the expiration date of the previous
2 driver's license, or at such later date as the Secretary of
3 State may by proper rule and regulation designate, not to
4 exceed 12 calendar months.
5 The Secretary of State may, however, issue to a person
6 not previously licensed as a driver in Illinois a driver's
7 license which will expire not less than 4 years nor more than
8 5 years from date of issuance, except as provided elsewhere
9 in this Section.
10 The Secretary of State is authorized to issue driver's
11 licenses during the years 1984 through 1987 which shall
12 expire not less than 3 years nor more than 5 years from the
13 date of issuance, except as provided elsewhere in this
14 Section, for the purpose of converting all driver's licenses
15 issued under this Code to a 4 year expiration. Provided that
16 all original driver's licenses, except as provided elsewhere
17 in this Section, shall expire not less than 4 years nor more
18 than 5 years from the date of issuance.
19 (b) Before the expiration of a driver's license, except
20 those licenses expiring on the individual's 21st birthday, or
21 3 months after the individual's 21st birthday, the holder
22 thereof may apply for a renewal thereof, subject to all the
23 provisions of Section 6-103, and the Secretary of State may
24 require an examination of the applicant. A licensee whose
25 driver's license expires on his 21st birthday, or 3 months
26 after his 21st birthday, may not apply for a renewal of his
27 driving privileges until he reaches the age of 21.
28 (c) The Secretary of State shall, 30 days prior to the
29 expiration of a driver's license, forward to each person
30 whose license is to expire a notification of the expiration
31 of said license which may be presented at the time of renewal
32 of said license.
33 There may be included with such notification information
34 explaining the anatomical gift and Emergency Medical
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1 Information Card provisions of Section 6-110. The format and
2 text of such information shall be prescribed by the
3 Secretary.
4 There shall be included with such notification, for a
5 period of 4 years beginning January 1, 2000 information
6 regarding the Illinois Adoption Registry and Medical
7 Information Exchange established in Section 18.1 of the
8 Adoption Act.
9 (d) The Secretary may defer the expiration of the
10 driver's license of a licensee, spouse, and dependent
11 children who are living with such licensee while on active
12 duty, serving in the Armed Forces of the United States
13 outside of the State of Illinois, and 45 days thereafter,
14 upon such terms and conditions as the Secretary may
15 prescribe.
16 (e) The Secretary of State may decline to process a
17 renewal of a driver's license of any person who has not paid
18 any fee or tax due under this Code and is not paid upon
19 reasonable notice and demand.
20 (f) The Secretary shall provide that each original or
21 renewal driver's license issued to a licensee under 21 years
22 of age shall expire 3 months after the licensee's 21st
23 birthday. Persons whose current driver's licenses expire on
24 their 21st birthday on or after January 1, 1986 shall not
25 renew their driver's license before their 21st birthday, and
26 their current driver's license will be extended for an
27 additional term of 3 months beyond their 21st birthday.
28 Thereafter, the expiration and term of the driver's license
29 shall be governed by subsection (a) hereof.
30 (g) The Secretary shall provide that each original or
31 renewal driver's license issued to a licensee 81 years of age
32 through age 86 shall expire 2 years from the date of
33 issuance, or at such later date as the Secretary may by rule
34 and regulation designate, not to exceed an additional 12
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1 calendar months. The Secretary shall also provide that each
2 original or renewal driver's license issued to a licensee 87
3 years of age or older shall expire 12 months from the date of
4 issuance, or at such later date as the Secretary may by rule
5 and regulation designate, not to exceed an additional 12
6 calendar months.
7 (Source: P.A. 86-467.)
8 Section 10. The Adoption Act is amended by changing
9 Sections 18.1, 18.2, 18.3, 18.3a, 18.4a, 18.5, and 18.6 and
10 by adding Sections 18.04, 18.05, 18.06, 18.07, 18.1a, 18.1b,
11 18.1c, 18.7, and 18.8 as follows:
12 (750 ILCS 50/18.04 new)
13 Sec. 18.04. The Illinois Adoption Registry and Medical
14 Information Exchange; legislative intent. The General
15 Assembly recognizes the importance of creating a procedure by
16 which mutually consenting adult members of birth families,
17 adoptive parents and legal guardians of adopted and
18 surrendered children, and adult adopted or surrendered
19 persons may voluntarily exchange vital medical information
20 throughout the life of the adopted or surrendered person.
21 The General Assembly supports public policy that requires
22 explicit mutual consent prior to the release of confidential
23 information. The General Assembly further recognizes that it
24 is in the best interest of adopted and surrendered persons
25 that birth family medical histories and the preferences
26 regarding contact of all parties to an adoption be compiled,
27 preserved and provided to mutually consenting adoptive
28 parents and legal guardians of adopted or surrendered
29 children and to adult adopted or surrendered persons and
30 their birth parents and siblings. The purpose of this
31 amendmentory Act of the 1999 is to respond to these concerns
32 by enhancing the Adoption Registry and creating the voluntary
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1 Medical Information Exchange.
2 (750 ILCS 50/18.05 new)
3 Sec. 18.05. The Illinois Adoption Registry and Medical
4 Information Exchange.
5 (a) General function. Subject to appropriation, the
6 Department of Public Health shall redefine the function of
7 the Illinois Adoption Registry and create the Medical
8 Information Exchange in the manner outlined in subsections
9 (b) and (c) for the purpose of facilitating the voluntary
10 exchange of medical information between mutually consenting
11 birth parents or birth siblings and mutually consenting
12 adoptive parents or legal guardians of adopted or surrendered
13 persons under the age of 21 or adopted or surrendered persons
14 21 years of age or over. The Department shall establish rules
15 for the confidential operation of the Illinois Adoption
16 Registry. Beginning January 1, 2000, the Department shall
17 conduct a public information campaign through public service
18 announcements and other forms of media coverage and, for a
19 minimum of 4 years, through notices enclosed with driver's
20 license renewal applications, shall inform adopted and
21 surrendered persons born, surrendered, or adopted in Illinois
22 and their adoptive parents, legal guardians, birth parents
23 and birth siblings of the Illinois Adoption Registry and
24 Medical Information Exchange. The Department shall notify
25 all parties who registered with the Illinois Adoption
26 Registry prior to January 1, 2000 of the provisions of this
27 amendatory Act of 1999. The Illinois Adoption Registry shall
28 also maintain an informational Internet site where interested
29 parties may access information about the Illinois Adoption
30 Registry and Medical Information Exchange and download all
31 necessary application forms. The Illinois Adoption Registry
32 shall maintain statistical records regarding Registry
33 participation and publish and circulate to the public
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1 informational material about the function and operation of
2 the Registry.
3 (b) Establishment of the Adoption/Surrender Records
4 File. When a person has voluntarily registered with the
5 Illinois Adoption Registry and completed an Illinois Adoption
6 Registry Application or a Registration Identification Form,
7 the Registry shall establish a new Adoption/Surrender Records
8 File. Such file may concern an adoption that was finalized
9 by a court action in the State of Illinois, an adoption of a
10 person born in Illinois finalized by a court action in a
11 state other than Illinois or in a foreign country, or a
12 surrender taken in the State of Illinois. Such file may be
13 established for adoptions or surrenders finalized prior to as
14 well as after the effective date of this amendatory Act of
15 1999. A file may be created in any manner to preserve
16 documents including but not limited to microfilm, optical
17 imaging, or electronic documents.
18 (c) Contents of the Adoption/Surrender Records File. An
19 established Adoption/Surrender Records File shall be limited
20 to the following items, to the extent that they are
21 available:
22 (1) The General Information Section and Medical
23 Information Exchange Questionnaire of any Illinois
24 Adoption Registry Application or a Registration
25 Identification Form which has been voluntarily completed
26 by the adopted or surrendered person or his or her
27 adoptive parents, legal guardians, birth parents, or
28 birth siblings.
29 (2) Any photographs voluntarily provided by any
30 registrant for the adopted or surrendered person or his
31 or her adoptive parents, legal guardians, birth parents,
32 or birth siblings at the time of registration or any time
33 thereafter. All such photographs shall be submitted in an
34 unsealed envelope no larger than 8 1/2" x 11", and shall
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1 not include identifying information pertaining to any
2 person other than the registrant who submitted them. Any
3 such identifying information shall be redacted by the
4 Department or the information shall be returned for
5 removal of identifying information.
6 (3) Any Information Exchange Authorization or
7 Denial of Information Exchange which has been filed by a
8 registrant.
9 (4) For all adoptions finalized after January 1,
10 2000, copies of the original certificate of live birth
11 and the certificate of adoption.
12 (5) Any updated address submitted by any registered
13 party about himself or herself.
14 (6) Any proof of death which has been submitted by
15 an adopted or surrendered person, adoptive parent, legal
16 guardian, birth parent, or birth sibling.
17 (750 ILCS 50/18.06 new)
18 Sec. 18.06. Definitions. When used in Sections 18.05
19 through Section 18.6, for the purposes of the Registry:
20 "Adopted person" means a person who was adopted pursuant
21 to the laws in effect at the time of the adoption.
22 "Adoptive parent" means a person who has become a parent
23 through the legal process of adoption.
24 "Agency" means a public child welfare agency or a
25 licensed child welfare agency.
26 "Birth father" means the biological father of an adopted
27 or surrendered person who is named on the original
28 certificate of live birth or on a consent or surrender
29 document, or a biological father whose paternity has been
30 established by a judgment or order of the court, pursuant to
31 the Illinois Parentage Act of 1984.
32 "Birth mother" means the biological mother of an adopted
33 or surrendered person.
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1 "Birth parent" means a birth mother or birth father of an
2 adopted or surrendered person.
3 "Birth sibling" means the adult full or half sibling of
4 an adopted or surrendered person.
5 "Denial of Information Exchange" means an affidavit
6 completed by a registrant with the Illinois Adoption Registry
7 and Medical Information Exchange denying the release of
8 identifying information.
9 "Information Exchange Authorization" means an affidavit
10 completed by a registrant with the Illinois Adoption Registry
11 and Medical Information Exchange authorizing the release of
12 identifying information.
13 "Medical Information Exchange Questionnaire" means the
14 medical history questionnaire completed by a registrant of
15 the Illinois Adoption Registry and Medical Information
16 Exchange.
17 "Proof of death" means a death certificate.
18 "Registrant" or "Registered Party" means a birth parent,
19 birth sibling, adopted or surrendered person over the age of
20 21, or adoptive parent or legal guardian of an adopted or
21 surrendered person under the age of 21 who has filed an
22 Illinois Adoption Registry Application or Registration
23 Identification Form with the Registry.
24 "Surrendered person" means a person whose parents' rights
25 have been surrendered or terminated but who has not been
26 adopted.
27 (750 ILCS 50/18.07 new)
28 Sec. 18.07. Adoption Registry Advisory Council. There
29 is established an Adoption Registry Advisory Council. The
30 Council shall be chaired by the Director of the Department of
31 Public Health or his designee. The Council shall include the
32 Director of the Department of Children and Family Services or
33 his designee. The Council shall also include one
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1 representative from each of the following organizations:
2 Adoption Advocates of Illinois, Adoptive Families Today,
3 American Adoption Congress, Catholic Conference of Illinois,
4 Chicago Area Families for Adoption, Chicago Bar Association,
5 Child Care Association of Illinois, Children Remembered,
6 Inc., Children's Home and Aid Society of Illinois, Child
7 Welfare Advisory Council, The Cradle, Healing Hearts,
8 Illinois Foster Parents Association, Illinois State Bar
9 Association, Illinois State Medical Society, Jewish
10 Children's Bureau, Kids Help Foundation, LDS Social Services,
11 Lutheran Social Services of Illinois, Maryville Academy,
12 Midwest Adoption Center, St. Mary's Services, Stars of David,
13 and Truthseekers in Adoption.
14 If any one of the above named organizations notifies the
15 Director of the Department of Public Health in writing that
16 the organization does not wish to participate on the Advisory
17 Council or that the organization is no longer functioning,
18 the Director shall appoint another organization that
19 represents the same constituency as the named organization to
20 replace the named organization on the Council.
21 The Council's responsibilities shall include the following:
22 1) Advising the Department on the development of rules,
23 procedures, and forms utilized by the Illinois Adoption
24 Registry and Medical Information Exchange;
25 2) Making recommendations regarding the procedures,
26 tools and technology that will ensure efficient and
27 effective operation of the Registry;
28 3) Submitting a report to the Governor and the General
29 Assembly no later than January 1, 2001, on the status of
30 the Registry, an evaluation of the effectiveness of the
31 Registry, and pertinent statistics regarding the
32 Registry.
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1 4) Assisting the Department with the development,
2 publication, and circulation of an informational pamphlet
3 that describes the purpose, function, and mechanics of
4 the Illinois Adoption Registry and Medical Information
5 Exchange, including information about who is eligible to
6 register and how to register; information about the
7 questions and concerns that registrants may develop when
8 they register or when they receive information from the
9 Registry; and a list of services, programs, groups, and
10 informational websites that are available to assist
11 registrants with their questions and concerns.
12 (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
13 Sec. 18.1. Disclosure of identifying information.
14 (a) The Department of Public Health shall establish and
15 maintain a Registry for the purpose of providing identifying
16 information to mutually consenting adult adopted or
17 surrendered persons, birth parents, adoptive parents, legal
18 guardians and birth siblings children surrendered for
19 adoption or adoptees and biological parents and to mutually
20 consenting biological siblings. Identifying information for
21 the purpose of this Act shall mean any one or more of the
22 following:
23 (1) only The name and last known address of the
24 consenting person or persons.
25 (2) A copy of the Illinois Adoption Registry
26 Application of the consenting person or persons.
27 (3) A copy of the original certificate of live
28 birth of the adopted person.
29 Written authorization from all parties identified must be
30 received prior to disclosure of any identifying information.
31 (b) At any time after a child is surrendered for
32 adoption, or at any time during the adoption proceedings or
33 at any time thereafter, either birth biological parent or
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1 both of them may file with the Registry a Birth Biological
2 Parent Registration Identification Form and an Information
3 Exchange Authorization or a Denial of Information Exchange.
4 (b-5) A birth sibling 21 years of age or over who was
5 not surrendered for adoption and who has submitted proof of
6 death for a deceased birth parent and such birth parent did
7 not file a Denial of Information Exchange with the Registry
8 prior to his or her death may file a Registration
9 Identification Form and an Information Exchange Authorization
10 or a Denial of Information Exchange.
11 (c) Any adopted person over the age of 21 adoptee, or
12 any surrendered person over the age of 21 child who has been
13 surrendered for adoption but not adopted ("surrendered
14 child"), or any adoptive parent or legal guardian of an
15 adopted or surrendered person under the age of 21 may file
16 with the Registry a an Adoptee Registration Identification
17 Form or a Surrendered Child Registration Identification Form
18 and an Information Exchange Authorization or a Denial of
19 Information Exchange. if such adoptee or surrendered child is
20 21 years of age or over; or, if over 18 years of age and
21 under 21 years of age, if there is attached to the
22 Information Exchange Authorization (1) written consent of
23 both adoptive parents, or (2) written consent of a single
24 adoptive parent with a certified copy of the Judgment of
25 Adoption, or (3) proof of the death of one adoptive parent
26 and written consent of the surviving adoptive parent, or (4)
27 written consent of the guardian of the adoptee or surrendered
28 child with a certified copy of the Order of Guardianship.
29 (d) The Department of Public Health shall supply to the
30 adopted adoptee or surrendered person or his or her adoptive
31 parents or legal guardians child and to the birth biological
32 parents identifying information only if both the adopted
33 adoptee or surrendered person child or his or her adoptive
34 parents or legal guardians and the birth biological parents
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1 have filed with the Registry an Information Exchange
2 Authorization and the information at the Registry indicates
3 that the consenting adopted adoptee or surrendered person
4 child or the child of the consenting adoptive parents or
5 legal guardians is the child of the consenting birth
6 biological parents.
7 The Department of Public Health shall supply to adopted
8 adoptees or surrendered persons children who are birth
9 biological siblings identifying information only if both
10 siblings have filed with the Registry an Information Exchange
11 Authorization and the information at the Registry indicates
12 that the consenting siblings have one or both birth
13 biological parents in common. Identifying information shall
14 be supplied to consenting birth biological siblings who were
15 adopted or surrendered if any such sibling is 21 years of age
16 or over; or, if over 18 years of age and under 21 years of
17 age, if there is attached to the Information Exchange
18 Authorization (1) written consent of both adoptive parents,
19 or (2) written consent of a single adoptive parent with a
20 certified copy of the Judgment of Adoption, or (3) proof of
21 the death of one adoptive parent and written consent of the
22 surviving adoptive parent, or (4) written consent of the
23 guardian of the adoptee or surrendered child with a certified
24 copy of the Order of Guardianship. Identifying information
25 shall be supplied to consenting birth siblings who were not
26 adopted or surrendered if any such sibling is 21 years of age
27 or over and has proof of death of the common birth parent and
28 such birth parent did not file a Denial of Information
29 Exchange with the Registry prior to his or her death.
30 (e) A birth biological parent, birth sibling, adopted
31 adoptee or surrendered person or their adoptive parents or
32 legal guardians child may notify the Registry of his or her
33 desire not to have his or her identity revealed or may revoke
34 any previously filed Information Exchange Authorization by
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1 completing and filing with the Registry a Registry
2 Identification Form along with a Denial of Information
3 Exchange. The Illinois Adoption Registry Application does not
4 need to be completed in order to file a Denial of Information
5 Exchange. Any adopted or adoptee, surrendered person or his
6 or her adoptive parents or legal guardians child , birth
7 sibling or birth biological parent may revoke a Denial of
8 Information Exchange by filing an Information Exchange
9 Authorization. The Department of Public Health shall act in
10 accordance with the most recently filed Authorization.
11 (f) Identifying information ascertained from the
12 Registry shall be confidential and may be disclosed only (1)
13 upon a Court Order, which order shall name the person or
14 persons entitled to the information, or (2) to the Adopted or
15 adoptee, surrendered person child, adoptive parents or legal
16 guardians, birth adopted or surrendered sibling, or birth
17 biological parent if both the adopted or surrendered person
18 or his or her adoptive parents or legal guardians adoptee, or
19 surrendered child, and his or her birth biological parent, or
20 both, birth adopted or surrendered siblings, have filed with
21 the Registry an Information Exchange Authorization, or (3) as
22 authorized under subsection (h) of Section 18.3 of this Act.
23 A copy of the certificate of live birth shall only be
24 released to an adopted person who was born in Illinois and
25 who is the subject of an Information Exchange Authorization
26 filed by one of his or her birth parents or non-surrendered
27 birth siblings. Any person who willfully provides
28 unauthorized disclosure of any information filed with the
29 Registry or who knowingly or intentionally files false
30 information with the Registry shall be guilty of a Class A
31 misdemeanor and shall be liable for damages.
32 (g) If information is disclosed pursuant to this Act,
33 the Department shall redact it to remove any identifying
34 information about any party who has not consented to the
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1 disclosure of such identifying information.
2 (Source: P.A. 86-1451.)
3 (750 ILCS 50/18.1a new)
4 Sec. 18.1a. Registry matches.
5 (a) The Registry shall release identifying information,
6 as specified on the Information Exchange Authorization, to
7 the following mutually consenting registered parties and
8 provide them with any photographs which have been placed in
9 the Adoption/Surrender Records File and are specifically
10 intended for the registered parties:
11 (i) an adult adopted or surrendered person and one
12 of his or her birth parents or birth siblings who have
13 both filed an applicable Information Exchange
14 Authorization specifying the other consenting party with
15 the Registry, if information available to the Registry
16 confirms that the consenting adopted or surrendered
17 person is a birth relative of the consenting birth parent
18 or sibling;
19 (ii) the adoptive parent or legal guardian of an
20 adopted or surrendered person under the age of 21 and one
21 of his or her birth parents or birth siblings who have
22 both filed an Information Exchange Authorization
23 specifying the other consenting party with the Registry,
24 if information available to the Registry confirms that
25 the child of the consenting adoptive parent or legal
26 guardian is a birth relative of the consenting birth
27 parent or birth sibling.
28 (b) If a registrant is the subject of a Denial of
29 Information Exchange filed by another party to the adoption,
30 the Registry shall not release identifying information to
31 either registrant.
32 (c) If a registrant has completed a Medical Information
33 Exchange Questionnaire and has consented to its disclosure,
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1 that Questionnaire shall be released to any registered party
2 who has indicated their desire to receive such information on
3 his or her Illinois Adoption Registry Application, if
4 information available to the Registry confirms that the
5 consenting parties are birth relatives or that the consenting
6 birth relative and the child of the consenting, adoptive
7 parents or legal guardians are birth relatives.
8 (750 ILCS 50/18.1b new)
9 Sec. 18.1b. The Illinois Adoption Registry Application.
10 The Illinois Adoption Registry Application shall
11 substantially include the following:
12 (a) General Information. The Illinois Adoption Registry
13 Application shall include the space to provide Information
14 about the registrant including his or her surname, given name
15 or names, social security number (optional), mailing address,
16 home telephone number, gender, date and place of birth, and
17 the date of registration. If applicable and known to the
18 registrant, he or she may include the maiden surname of the
19 birth mother, any subsequent surnames of the birth mother,
20 the surname of the birth father, the given name or names of
21 the birth parents, the dates and places of birth of the birth
22 parents, the surname and given name or names of the adopted
23 person prior to adoption, the gender and date and place of
24 birth of the adopted or surrendered person, the name of the
25 adopted person following his or her adoption and the state
26 and county where the judgment of adoption was finalized.
27 (b) Medical Information Exchange Questionnaire. In
28 recognition of the importance of medical information and of
29 recent discoveries regarding the genetic origin of many
30 medical conditions and diseases all registrants shall be
31 asked to voluntarily complete a Medical Information Exchange
32 Questionnaire.
33 (1) For birth parents or birth siblings, the
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1 Medical Information Exchange Questionnaire shall include
2 a comprehensive check-list of medical conditions and
3 diseases including those of genetic origin. Birth
4 parents and birth siblings shall be asked to indicate all
5 genetically-inherited diseases and conditions on this
6 list which are known to exist in the adopted or
7 surrendered person's birth family at the time of
8 registration. In addition, all birth parents and birth
9 siblings shall be apprised of the Registry's provisions
10 for voluntarily submitting information about their and
11 their family's medical histories on a confidential,
12 ongoing basis.
13 (2) Adopted and surrendered persons and their
14 adoptive parents or legal guardians shall be asked to
15 indicate all genetically-inherited diseases and medical
16 conditions with which the adopted or surrendered person
17 or, if applicable, his or her children have been
18 diagnosed since birth.
19 (3) The Medical Information Exchange Questionnaire
20 shall include a space where the registrant may authorize
21 the release of the Medical Information Exchange
22 Questionnaire to specified parties and a disclaimer
23 informing registrants that the Department of Public
24 Health cannot guarantee the accuracy of medical
25 information exchanged through the Registry.
26 (c) Written statement. All registrants shall be given
27 the opportunity to voluntarily file a written statement with
28 the Registry. This statement shall be submitted in the space
29 provided. No written statement submitted to the Registry
30 shall include identifying information pertaining to any
31 person other than the registrant who submitted it. Any such
32 identifying information shall be redacted by the Department
33 or returned for removal of identifying information.
34 (d) Contact information. All registrants may indicate
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1 their wishes regarding contact with any other registrant by
2 completing an Information Exchange Authorization or a Denial
3 of Information Exchange.
4 (1) Information Exchange Authorization. Adopted or
5 surrendered persons 21 years of age or over who would
6 welcome contact with one or more of their birth parents
7 or birth siblings; birth parents who would welcome
8 contact with an adopted or surrendered person, or one or
9 more of his or her adoptive parents or legal guardians;
10 birth siblings 21 years of age or over who were adopted
11 or surrendered and who would welcome contact with an
12 adopted or surrendered person, or one or more of his or
13 her adoptive parents or legal guardians; birth siblings
14 21 years of age or over who were not surrendered and who
15 have submitted proof of death for any common birth parent
16 who did not file a Denial of Information Exchange prior
17 to his or her death, and who would welcome contact with
18 an adopted or surrendered person, or one or more of his
19 or her adoptive parents or legal guardians; and adoptive
20 parents or legal guardians of adopted or surrendered
21 persons under the age of 21 who would welcome contact
22 with one or more of the adopted or surrendered person's
23 birth parents or birth siblings may specify with whom
24 they wish to exchange identifying information by filing
25 an Information Exchange Authorization at the time of the
26 adoption or surrender, or any time thereafter.
27 (2) Denial of Information Exchange. Adopted or
28 surrendered persons 21 years of age or over who do not
29 wish to establish contact with one or more of their birth
30 parents or birth siblings may specify with whom they do
31 not wish to exchange identifying information by filing a
32 Denial of Information Exchange. Birth parents or birth
33 siblings who do not wish to establish contact with an
34 adopted or surrendered person or one or more of his or
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1 her adoptive parents or legal guardians may specify with
2 whom they do not wish to exchange identifying information
3 by filing a Denial of Information Exchange at the time of
4 the adoption or surrender, or any time thereafter.
5 Adoptive parents or legal guardians of adopted or
6 surrendered persons under the age of 21 who do not wish
7 to establish contact with one or more of the adopted or
8 surrendered person's birth parents or birth siblings may
9 specify with whom they do not wish to exchange
10 identifying information by filing a Denial of Information
11 Exchange at the time of the adoption or surrender, or any
12 time thereafter. The Illinois Adoption Registry
13 Application does not need to be completed in order to
14 file a Denial of Information Exchange.
15 (e) A registrant may complete all or any part of the
16 Illinois Adoption Registry Application. All Illinois
17 Adoption Registry Applications, Information Exchange
18 Authorizations, Denials of Information Exchange, requests to
19 revoke an Information Exchange Authorization or Denial of
20 Information Exchange, and affidavits submitted to the
21 Registry shall be accompanied by proof of identification.
22 (f) The Department shall establish the Illinois Adoption
23 Registry Application form including the Medical Information
24 Exchange Questionnaire by rule.
25 (750 ILCS 50/18.1c new)
26 Sec. 18.1c. Effective date of registration.
27 Registration with the Illinois Adoption Registry and Medical
28 Information Exchange shall become effective as soon as the
29 applicant's completed Illinois Adoption Registry Application
30 has been filed with the Registry.
31 (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
32 Sec. 18.2. Forms.
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1 (a) The form of the Birth Biological Parent Registration
2 Identification Form shall be substantially as follows:
3 BIRTH BIOLOGICAL PARENT REGISTRATION IDENTIFICATION
4 (Insert all known information)
5 I, ....., state that I am the ...... (mother or father) of
6 the following child:
7 Child's original name: ..... (first) ..... (middle) .....
8 (last), ..... (hour of birth), ..... (date of
9 birth), ..... (city and state of birth), ..... (name
10 of hospital).
11 Father's full name: ...... (first) ...... (middle) .....
12 (last), ..... (date of birth), ..... (city and state
13 of birth).
14 Name of mother inserted on birth certificate: .....
15 (first) ..... (middle) ..... (last), ..... (race),
16 ..... (date of birth), ...... (city and state of
17 birth).
18 That I surrendered my child to: ............. (name of
19 agency), ..... (city and state of agency), .....
20 (approximate date child surrendered).
21 That I placed gave up my child by private adoption: .....
22 (date), ...... (city and state).
23 Name of adoptive parents, if known: ......
24 Other identifying information: .....
25 ........................
26 (Signature of parent)
27 ............ ........................
28 (date) (printed name of parent)
29 (b) The form of the Adopted Person Adoptee Registration
30 Identification shall be substantially as follows:
31 ADOPTED PERSON ADOPTEE
32 REGISTRATION IDENTIFICATION
33 (Insert all known information)
34 I, ....., state the following:
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1 Adopted Person's Adoptee's present name: ..... (first)
2 ..... (middle) ..... (last).
3 Adopted Person's Adoptee's name at birth (if known):
4 ..... (first) ..... (middle) ..... (last), .....
5 (birth date), ..... (city and state of birth),
6 ...... (sex), ..... (race).
7 Name of adoptive father: ..... (first) ..... (middle)
8 ..... (last), ..... (race).
9 Maiden name of adoptive mother: ..... (first) .....
10 (middle) ..... (last), ..... (race).
11 Name of birth biological mother (if known): ..... (first)
12 ..... (middle) ..... (last), ..... (race).
13 Name of birth biological father (if known): ..... (first)
14 ..... (middle) ..... (last), ..... (race).
15 Name(s) at birth of sibling(s) having a common birth
16 biological parent with adoptee (if known): .....
17 (first) ..... (middle) ..... (last), ..... (race),
18 and name of common birth biological parent: .....
19 (first) ..... (middle) ..... (last), ..... (race).
20 I was adopted through: ..... (name of agency).
21 I was adopted privately: ..... (state "yes" if known).
22 I was adopted in ..... (city and state), ..... (approximate
23 date).
24 Other identifying information: .............
25 ......................
26 (signature of adoptee)
27 ........... .........................
28 (date) (printed name of adoptee)
29 (c) The form of the Surrendered Person Child
30 Registration Identification shall be substantially as
31 follows:
32 SURRENDERED PERSON CHILD REGISTRATION
33 IDENTIFICATION
34 (Insert all known information)
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1 I, ....., state the following:
2 Surrendered Person's Child's present name: ..... (first)
3 ..... (middle) ..... (last).
4 Surrendered Person's Child's name at birth (if known):
5 ..... (first) ..... (middle) ..... (last),
6 .....(birth date), ..... (city and state of birth),
7 ...... (sex), ..... (race).
8 Name of guardian father: ..... (first) ..... (middle)
9 ..... (last), ..... (race).
10 Maiden name of guardian mother: ..... (first) .....
11 (middle) ..... (last), ..... (race).
12 Name of birth biological mother (if known): ..... (first)
13 ..... (middle) ..... (last) ..... (race).
14 Name of birth biological father (if known): ..... (first)
15 ..... (middle) ..... (last), .....(race).
16 Name(s) at birth of sibling(s) having a common birth
17 biological parent with surrendered person adoptee
18 (if known): ..... (first) ..... (middle) .....
19 (last), ..... (race), and name of common birth
20 biological parent: ..... (first) ..... (middle)
21 ..... (last), ..... (race).
22 I was surrendered for adoption to: ..... (name of agency).
23 I was surrendered for adoption in ..... (city and state),
24 ..... (approximate date).
25 Other identifying information: ............
26 ................................
27 (signature of surrendered person child)
28 ............ ......................
29 (date) (printed name of person child
30 surrendered for adoption)
31 (d) The form of the Information Exchange Authorization
32 shall be substantially as follows:
33 INFORMATION EXCHANGE AUTHORIZATION
34 I, ....., state that I am the person who completed the
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1 Registration Identification; that I am of the age of .....
2 years; that I hereby authorize the Department of Public
3 Health to give to my (birth biological parent) (birth
4 biological sibling) (surrendered child) the following (please
5 check the information authorized for exchange):
6 [ ] 1. Only my name and last known address.
7 [ ] 2. A copy of my Illinois Adoption Registry
8 Application.
9 [ ] 3. A copy of the original certificate of live
10 birth. necessary information so I can be contacted; that
11 I am fully aware that I can only be supplied with any
12 information about the name and last known address of my
13 (birth biological parent) (birth biological sibling)
14 (surrendered child) if such person has duly executed an
15 Information Exchange Authorization for such information which
16 has not been revoked; that I can be contacted by writing to:
17 ..... (own name or name of person to contact) (address)
18 (phone number). Dated (insert date). this ..... day of
19 ....., 19...
20 ............ ..............
21 (witness) (signature)
22 (e) The form of the Denial of Information Exchange shall
23 be substantially as follows:
24 DENIAL OF INFORMATION EXCHANGE
25 I, ....., state that I am the person who completed the
26 Registration Identification; that I am of the age of .....
27 years; that I hereby instruct the Department of Public Health
28 not to give any identifying information about me to my (birth
29 biological parent) (birth biological sibling) (surrendered
30 child); that I do not wish to be contacted.
31 Dated (insert date). this .... day of ......, 19...
32 ............. ...............
33 (witness) (signature)
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1 (f) The Information Exchange Authorization and the
2 Denial of Information Exchange shall be acknowledged by the
3 birth biological parent, birth biological sibling, adopted
4 adoptee or surrendered person, adoptive parent, or legal
5 guardian child before a notary public, in form substantially
6 as follows:
7 State of ..............
8 County of .............
9 I, a Notary Public, in and for the said County, in the
10 State aforesaid, do hereby certify that ...............
11 personally known to me to be the same person whose name is
12 subscribed to the foregoing certificate of acknowledgement,
13 appeared before me in person and acknowledged that (he or
14 she) signed such certificate as (his or her) free and
15 voluntary act and that the statements in such certificate are
16 true.
17 Given under my hand and notarial seal on (insert date).
18 this ....... day of .........., 19...
19 .........................
20 (signature)
21 (g) When the execution of an Information Exchange
22 Authorization or a Denial of Information Exchange is
23 acknowledged before a representative of an agency, such
24 representative shall have his signature on said Certificate
25 acknowledged before a notary public, in form substantially as
26 follows:
27 State of..........
28 County of.........
29 I, a Notary Public, in and for the said County, in the
30 State aforesaid, do hereby certify that ..... personally
31 known to me to be the same person whose name is subscribed to
32 the foregoing certificate of acknowledgement, appeared before
33 me in person and acknowledged that (he or she) signed such
34 certificate as (his or her) free and voluntary act and that
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1 the statements in such certificate are true.
2 Given under my hand and notarial seal on (insert date).
3 this ..... day of ........., 19...
4 .......................
5 (signature)
6 (h) When Where an Illinois Adoption Registry
7 Application, Information Exchange Authorization or a Denial
8 of Information Exchange is executed signed in a foreign
9 country, the execution of such document shall be acknowledged
10 or affirmed before an officer of the United States consular
11 services in a manner conformable to the law and procedure of
12 such country.
13 (i) If the person signing an Information Exchange
14 Authorization or a Denial of Information is in the military
15 service of the United States, the execution of such document
16 may be acknowledged before a commissioned officer and the
17 signature of such officer on such certificate shall be
18 verified or acknowledged before a notary public or by such
19 other procedure as is then in effect for such division or
20 branch of the armed forces.
21 (j) The Department shall modify these forms as necessary
22 to implement the provisions of this Amendatory Act of 1999
23 including creating Registration Identification Forms for
24 non-surrendered birth siblings, adoptive parents and legal
25 guardians.
26 (Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)
27 (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
28 Sec. 18.3.
29 (a) The agency, Department of Children and Family
30 Services, Court Supportive Services, Juvenile Division of the
31 Circuit Court, Probation Officers of the Circuit Court and
32 any other party to the surrender of a child for adoption or
33 in an adoption proceeding shall obtain from any birth
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1 biological parent or parents giving up a child for purposes
2 of adoption after the effective date of this Act a written
3 statement which indicates: (1) a desire to have identifying
4 information shared with the adopted or surrendered person
5 child at a later date; (2) a desire not to have identifying
6 information revealed; or (3) that no decision is made at
7 that time. In addition, the agency, Department of Children
8 and Family Services, Court Supportive Services, Juvenile
9 Division of the Circuit Court, and any other organization
10 involved in the surrender of a child for adoption in an
11 adoption proceeding shall inform the birth parent or parents
12 of a child born, adopted or surrendered in Illinois of the
13 existence of the Illinois Adoption Registry and Medical
14 Information Exchange and provide them with the necessary
15 application forms and if requested, assistance with
16 completing the forms.
17 (b) When the written statement is signed, the birth
18 biological parent or parents shall be informed in writing
19 that their decision regarding the sharing of identifying
20 information can be made or changed by such birth biological
21 parent or parents at any future date.
22 (c) The birth biological parent shall be informed in
23 writing that if sharing of identifying information with the
24 adopted or surrendered person child is to occur, that the he
25 or she child must be 21 years of age or over; or if under the
26 age of 21 with written consent of both adoptive parents, with
27 written consent of a single adoptive parent, with proof of
28 death of one adoptive parent and written consent of the
29 surviving adoptive parent, or with written consent of the
30 guardian of the child.
31 (d) If the birth biological parent or parents indicate a
32 desire to share identifying information with the adopted or
33 surrendered person child, the birth parent shall complete an
34 Information Exchange Authorization. statement shall contain
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1 information regarding means to communicate with the
2 biological parent.
3 (e) Any birth biological parent or parents requesting
4 that no identifying information be revealed to the adopted
5 adoptee or surrendered person child shall be informed that
6 such request will be conveyed to the adopted adoptee or
7 surrendered person child if the he or she adoptee or
8 surrendered child requests such information; and such
9 identifying information shall not be revealed.
10 (f) Any adopted adoptee or surrendered person child 21
11 years of age or over, and any adoptee under 21 years of age
12 with written consent of the adoptive parents, the surviving
13 adoptive parent, a single adoptive parent or the guardian of
14 the child may also indicate in writing his or her desire or
15 lack of desire to share identifying information with the
16 birth biological parent or parents or birth biological
17 sibling or siblings. Any adopted adoptee or surrendered
18 person child requesting that no identifying information be
19 revealed to the birth biological parent or birth biological
20 sibling shall be informed that such request shall be conveyed
21 to the parent if such birth biological parent or birth
22 biological sibling requests such information; and such
23 identifying information shall not be revealed.
24 (g) Any birth biological parents , birth sibling and
25 adopted adoptees or surrendered person, adoptive parent or
26 legal guardian children indicating their desire to receive
27 have identifying or medical information shall be informed of
28 the existence of the Registry and assistance shall be given
29 to such person biological parent, adoptee or surrendered
30 child to also legally record his or her name with the
31 Registry.
32 (h) The agency, Department of Children and Family
33 Services, Court Supportive Services, Juvenile Division of the
34 Circuit Court, Probation Officers of the Circuit Court and
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1 any other organization involved in the surrender of a child
2 for adoption in an adoption proceeding which has written
3 statements from an adopted adoptee or surrendered person
4 child and the birth biological parent or a birth biological
5 sibling indicating a desire to receive identifying
6 information shall supply such information to the mutually
7 consenting parties, except that no identifying information
8 shall be supplied to consenting birth biological siblings if
9 any such sibling is under 21 years of age. However, both the
10 Registry having an Information Exchange Authorization and the
11 organization having a written statement requesting
12 identifying information shall communicate with each other to
13 determine if the adopted adoptee or surrendered person child
14 or the birth biological parent or birth biological sibling
15 has signed a form at a later date indicating a change in his
16 or her desires regarding the sharing of information. The
17 agreement of the birth biological parent shall be binding.
18 (i) On and after January 1, 2000, any licensed child
19 welfare agency which provides post-adoption search assistance
20 to adoptive parents, adopted persons, birth parents, or birth
21 siblings shall require that any person requesting
22 post-adoption search assistance complete an Illinois Adoption
23 Registry Application prior to the commencement of the search.
24
25 (Source: P.A. 86-1451.)
26 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
27 Sec. 18.3a. Confidential intermediary.
28 (a) General purposes. Notwithstanding any other
29 provision of this Act, any adopted person adoptee over the
30 age of 21 18 or any adoptive parent or legal guardian of an
31 adopted person adoptee under the age of 21 18 may petition
32 the court for appointment of a confidential intermediary as
33 provided in this Section for the purpose of obtaining from
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1 one or both birth biological parents or a sibling or siblings
2 of the adopted person adoptee information concerning the
3 background of a psychological or genetically-based medical
4 problem experienced or which may be expected to be
5 experienced in the future by the adopted person adoptee or
6 obtaining assistance in treating such a problem.
7 (b) Petition. The court shall appoint a confidential
8 intermediary for the purposes described in subsection (f) if
9 the petitioner shows the following:
10 (1) the adopted person adoptee is suffering or may
11 be expected to suffer in the future from a
12 life-threatening or substantially incapacitating physical
13 illness of any nature, or a psychological disturbance
14 which is substantially incapacitating but not
15 life-threatening, or a mental illness which, in the
16 opinion of a physician licensed to practice medicine in
17 all its branches, is or could be genetically based to a
18 significant degree;
19 (2) the treatment of the adopted person adoptee, in
20 the opinion of a physician licensed to practice medicine
21 in all of its branches, would be materially assisted by
22 information obtainable from the birth biological parents
23 or might benefit from the provision of organs or other
24 bodily tissues, materials, or fluids by the birth
25 biological parents or other close biological relatives;
26 and
27 (3) there is neither an Information Exchange
28 Authorization nor a Denial of Information Exchange filed
29 in the Registry as provided in Section 18.1.
30 The affidavit or testimony of the treating physician
31 shall be conclusive on the issue of the utility of contact
32 with the birth biological parents unless the court finds that
33 the relationship between the illness to be treated and the
34 alleged need for contact is totally without foundation.
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1 (c) Fees and expenses. The court shall condition the
2 appointment of the confidential intermediary on the payment
3 of the intermediary's fees and expenses in advance, unless
4 the intermediary waives the right to full advance payment or
5 to any reimbursement at all.
6 (d) Eligibility of intermediary. The court may appoint
7 as confidential intermediary either an employee of the
8 Illinois Department of Children and Family Services
9 designated by the Department to serve as such, any other
10 person certified by the Department as qualified to serve as a
11 confidential intermediary, or any employee of a licensed
12 child welfare agency certified by the agency as qualified to
13 serve as a confidential intermediary.
14 (e) Access. Notwithstanding any other provision of law,
15 the confidential intermediary shall have access to all
16 records of the court or any agency, public or private, which
17 relate to the adoption or the identity and location of any
18 birth biological parent.
19 (f) Purposes of contact. The confidential intermediary
20 has only the following powers and duties:
21 (1) To contact one or both birth biological
22 parents, inform the parent or parents of the basic
23 medical problem of the adopted person adoptee and the
24 nature of the information or assistance sought from the
25 birth biological parent, and inform the parent or parents
26 of the following options:
27 (A) The birth biological parent may totally
28 reject the request for assistance or information, or
29 both, and no disclosure of identity or location
30 shall be made to the petitioner.
31 (B) The birth biological parent may file an
32 Information Exchange Authorization as provided in
33 Section 18.1. The confidential intermediary shall
34 explain to the birth biological parent the
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1 consequences of such a filing, including that the
2 birth biological parent's identity will be available
3 for discovery by the adopted person adoptee. If the
4 birth biological parent agrees to this option, the
5 confidential intermediary shall supply the parent
6 with the appropriate forms, shall be responsible for
7 their immediate filing with the Registry, and shall
8 inform the petitioner of their filing.
9 (C) If the birth biological parent wishes to
10 provide the information or assistance sought but
11 does not wish his or her identity disclosed, the
12 confidential intermediary shall arrange for the
13 disclosure of the information or the provision of
14 assistance in as confidential a manner as possible
15 so as to protect the privacy of the birth biological
16 biological parent's identity.
18 (2) If a birth biological parent so desires, to
19 arrange for a confidential communication with the
20 treating physician to discuss the need for the requested
21 information or assistance.
22 (3) If a birth biological parent agrees to provide
23 the information or assistance sought but wishes to
24 maintain his or her privacy, to arrange for the provision
25 of the information or assistance to the physician in as
26 confidential a manner as possible so as to protect the
27 privacy of the birth biological parent and minimize the
28 likelihood of disclosure of the birth biological parent's
29 identity.
30 (g) Oath. The confidential intermediary shall sign an
31 oath of confidentiality substantially as follows:
32 "I, .........., being duly sworn, on oath depose and
33 say: As a condition of appointment as a confidential
34 intermediary, I affirm that:
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1 (1) I will not disclose to the petitioner, directly
2 or indirectly, any information about the identity or
3 location of the birth biological parent whose assistance
4 is being sought for medical reasons except in a manner
5 consistent with the law.
6 (2) I recognize that violation of this oath
7 subjects me to civil liability and to being found in
8 contempt of court.
9 ................................
10 SUBSCRIBED AND SWORN to before me, a Notary Public,
11 on (insert date). this ..... day of .........., 19...
12 ................................"
13 (h) Sanctions.
14 (1) Any confidential intermediary who improperly
15 discloses information identifying a birth biological
16 parent shall be liable to the birth biological parent for
17 damages and may also be found in contempt of court.
18 (2) Any physician or other person who learns a
19 birth biological parent's identity, directly or
20 indirectly, through the use of procedures provided in
21 this Section and who improperly discloses information
22 identifying the birth biological parent shall be liable
23 to the birth biological parent for actual damages plus
24 minimum punitive damages of $10,000.
25 (i) Death of birth biological parent. Notwithstanding
26 any other provision of this Act, if the confidential
27 intermediary discovers that the person whose assistance is
28 sought has died, he or she shall report this fact to the
29 court, along with a copy of the death certificate if possible
30 biological
5 parents, with information identifying the birth biological
6 parents eliminated, shall be provided by an agency to the
7 child's prospective adoptive parent and shall be provided
8 upon request to an adoptive parent when a child has been
9 adopted. The medical and mental health histories shall
10 include all the following available information:
11 (1) Conditions or diseases believed to be
12 hereditary.
13 (2) Drugs or medications taken by the child's birth
14 biological mother during pregnancy.
15 (3) Psychological and psychiatric information.
16 (4) Any other information that may be a factor
17 influencing the child's present or future health.
18 (b) The Department of Children and Family Services may
19 promulgate rules and regulations governing the release of
20 medical histories under this Section.
21 (Source: P.A. 87-617.)
22 (750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
23 Sec. 18.5. Liability. No liability shall attach to the
24 State, any agency thereof, any licensed agency, any judge,
25 any officer or employee of the court, or any party or
26 employee thereof involved in the surrender of a child for
27 adoption or in an adoption proceeding for acts or efforts
28 made within the scope of Sections 18.05 18.1 thru 18.5,
29 inclusive, of this Act and under pursuant to its provisions,
30 except for subsection (f) of Section 18.1.
31 (Source: P.A. 86-304.)
32 (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
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1 Sec. 18.6. Registry fees. The Department of Public
2 Health shall levy a fee for each registrant under Sections
3 18.05 18.1 through 18.5. A $40 fee shall be charged for
4 registering with the Illinois Adoption Registry and Medical
5 Information Exchange. However, this fee shall be waived for
6 all adopted or surrendered persons, adoptive parents, legal
7 guardians, birth parents, and birth siblings who complete a
8 Medical Information Exchange Questionnaire at the time of
9 registration and authorize its release to specified
10 registered parties, and for adoptive parents registering
11 within 12 months of the finalization of the adoption. All
12 persons who were registered with the Illinois Adoption
13 Registry prior to the effective date of this amendatory Act
14 of the 1999 and who wish to update their registration may do
15 so without charge. No charge of any kind shall be made for
16 the withdrawal of any form provided in Section 18.2 a
17 registration or consent form.
18 (Source: P.A. 87-318.)
19 (750 ILCS 50/18.7 new)
20 Sec. 18.7. Illinois Adoption Registry and Medical
21 Information Exchange Fund. There is created in the State
22 treasury a special fund to be known as the Illinois Adoption
23 Registry and Medical Information Exchange Fund. All fees
24 collected by the Illinois Adoption Registry under this
25 amendatory Act of 1999 shall be deposited into the Fund.
26 Subject to appropriation, the amounts in the Fund shall be
27 used by the Department of Public Health to conduct activities
28 related to maintaining the Illinois Adoption Registry and
29 Medical Information Exchange and issuing any documents and
30 forms related to the Illinois Adoption Registry and Medical
31 Information Exchange.
32 (750 ILCS 50/18.8 new)
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1 Sec. 18.8. Improper disclosure of identifying
2 information. All information submitted to the Registry is
3 confidential and gathered by the State solely for the purpose
4 of facilitating the exchange of updated medical data and
5 contact information between adopted and surrendered persons
6 and other registered parties. Information exchanged through
7 the Registry shall not be admissible as evidence nor
8 discoverable in any action of any kind in any court or before
9 any tribunal, board, agency, or commission. Disclosure of
10 identifying information in violation of this Act is a Class A
11 misdemeanor.
12 Section 99. Effective date. This Act takes effect
13 January 1, 2000.".