Public Act 102-1141
 
HB0009 EnrolledLRB102 02773 CPF 12780 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Vital Records Act is amended by changing
Sections 17, 25.3, and 25.4 and adding Section 25.6 as
follows:
 
    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
    Sec. 17. (1) For a person born in this State, the State
Registrar of Vital Records shall establish a new certificate
of birth when he receives any of the following:
        (a) A certificate of adoption as provided in Section
    16 or a certified copy of the order of adoption together
    with the information necessary to identify the original
    certificate of birth and to establish the new certificate
    of birth; except that a new certificate of birth shall not
    be established if so requested by the court ordering the
    adoption, the adoptive parents, or the adopted person.
        (b) A certificate of adoption or a certified copy of
    the order of adoption entered in a court of competent
    jurisdiction of any other state or country declaring
    adopted a child born in the State of Illinois, together
    with the information necessary to identify the original
    certificate of birth and to establish the new certificate
    of birth; except that a new certificate of birth shall not
    be established if so requested by the court ordering the
    adoption, the adoptive parents, or the adopted person.
        (c) A request that a new certificate be established
    and such evidence as required by regulation proving that
    such person has been legitimatized, or that the circuit
    court, the Department of Healthcare and Family Services
    (formerly Illinois Department of Public Aid), or a court
    or administrative agency of any other state has
    established the paternity of such a person by judicial or
    administrative processes or by voluntary acknowledgment,
    which is accompanied by the social security numbers of all
    persons determined and presumed to be the parents.
        (d) (Blank). A declaration by a licensed health care
    professional or licensed mental health professional who
    has treated or evaluated a person stating that the person
    has undergone treatment that is clinically appropriate for
    that individual for the purpose of gender transition,
    based on contemporary medical standards, or that the
    individual has an intersex condition, and that the sex
    designation on such person's birth record should therefore
    be changed. The information in the declaration shall be
    proved by the licensed health care professional or
    licensed mental health professional signing and dating it
    in substantially the following form: "I declare (or
    certify, verify, or state) under penalty of perjury that
    the foregoing is true and correct. Executed on (date).".
    The new certificate of birth shall reflect any legal name
    change, so long as the appropriate documentation of the
    name change is submitted.
        (e) A statement signed by the person in which the
    person attests to making the request for the purpose of
    affirming the person's gender identity or intersex
    condition and that the sex designation on the person's
    certificate of birth should therefore be changed to a
    male, female, or X designation.
    Each request for a new certificate of birth shall be
accompanied by a fee of $15 and entitles the applicant to one
certification or certified copy of the new certificate. If the
request is for additional copies, it shall be accompanied by a
fee of $2 for each additional certification or certified copy.
The fee for a new certificate of birth shall not be required
from a person (1) upon release on parole, mandatory supervised
release, final discharge, or pardon from the Department of
Corrections if the person presents a prescribed verification
form completed by the Department of Corrections verifying the
released person's date of birth and social security number, or
(2) placed on aftercare release under the Juvenile Court Act
of 1987, upon release on parole, mandatory supervised release,
final discharge, or pardon from the Department of Juvenile
Justice if the person presents a prescribed verification form
completed by the Department of Juvenile Justice verifying the
person's date of birth and social security number. However,
the person is entitled to only one new certificate of birth fee
waiver.
    (2) When a new certificate of birth is established, the
actual place and date of birth shall be shown; provided, in the
case of adoption of a person born in this State by parents who
were residents of this State at the time of the birth of the
adopted person, the place of birth may be shown as the place of
residence of the adoptive parents at the time of such person's
birth, if specifically requested by them, and any new
certificate of birth established prior to the effective date
of this amendatory Act may be corrected accordingly if so
requested by the adoptive parents or the adopted person when
of legal age. The social security numbers of the parents shall
not be recorded on the certificate of birth. The social
security numbers may only be used for purposes allowed under
federal law. The new certificate shall be substituted for the
original certificate of birth:
        (a) Thereafter, the original certificate and the
    evidence of paternity, legitimation, or change of sex
    designation shall not be subject to inspection or
    certification except upon order of the circuit court,
    request of the person named on the certificate of birth,
    or as provided by regulation. If the new certificate was
    issued subsequent to an adoption, then the evidence of
    adoption is not subject to inspection or certification
    except upon order of the circuit court or as provided by
    rule, and the original certificate shall not be subject to
    inspection until the adopted person has reached the age of
    21; thereafter, the original certificate shall be made
    available as provided by Section 18.1b of the Adoption
    Act, and nothing in this subsection shall impede or
    prohibit access to the original birth certificate under
    Section 18.1b of the Adoption Act.
        (b) Upon receipt of notice of annulment of adoption,
    the original certificate of birth shall be restored to its
    place in the files, and the new certificate and evidence
    shall not be subject to inspection or certification except
    upon order of the circuit court.
    (3) If no certificate of birth is on file for the person
for whom a new certificate is to be established under this
Section, a delayed record of birth shall be filed with the
State Registrar of Vital Records as provided in Section 14 or
Section 15 of this Act before a new certificate of birth is
established, except that when the date and place of birth and
parentage have been established in the adoption proceedings, a
delayed record shall not be required.
    (4) When a new certificate of birth is established by the
State Registrar of Vital Records, all copies of the original
certificate of birth in the custody of any custodian of
permanent local records in this State shall be transmitted to
the State Registrar of Vital Records as directed, and shall be
sealed from inspection except as provided by Section 18.1b of
the Adoption Act.
    (5) Nothing in this Section shall be construed to prohibit
the amendment of a birth certificate in accordance with
subsection (6) of Section 22.
(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)
 
    (410 ILCS 535/25.3)
    Sec. 25.3. Homeless person birth record request.
    (a) For the purposes of this Section, an individual's
status as a homeless person may be verified by a human services
agency, legal services agency, or other similar agency that
has knowledge of the individual's housing status, including,
but not limited to:
        (1) a homeless service agency receiving federal,
    State, county, or municipal funding to provide those
    services or otherwise sanctioned by a local continuum of
    care;
        (2) an attorney licensed to practice in the State;
        (3) a public school homeless liaison or school social
    worker; or
        (4) a human services provider funded by the State to
    serve homeless or runaway youth, individuals with mental
    illness, or individuals with addictions.
    Individuals who are homeless must not be charged for this
verification.
    Anyone who knowingly or purposefully falsifies this
verification is subject to a penalty of $100.
    (b) Applicable fees under Section 17 for a new certificate
of birth and under Section 25 of this Act for a search for a
birth record or a certified copy of a birth record shall be
waived for all requests made by a homeless person whose status
is verified under subsection (a) of this Section.
    The State Registrar of Vital Records shall establish
standards and procedures consistent with this Section for
waiver of such applicable fees.
    (c) A homeless person shall be provided no more than 4
birth records annually under this Section.
(Source: P.A. 100-506, eff. 1-1-18.)
 
    (410 ILCS 535/25.4)
    Sec. 25.4. Youth in care birth record request.
    (a) For the purposes of this Section, an individual's
status as a youth in care may be verified:
        (1) with a copy of the court order placing the youth in
    the guardianship or custody of the Department of Children
    and Family Services or terminating the Department of
    Children and Family Services' guardianship or custody of
    the youth; or
        (2) by a human services agency, legal services agency,
    or other similar agency that has knowledge of the
    individual's youth in care status, including, but not
    limited to:
            (A) a child welfare agency, including the
        Department of Children and Family Services; or
            (B) the attorney or guardian ad litem who served
        as the youth in care's attorney or guardian ad litem
        during proceedings under the Juvenile Court Act of
        1987.
    A person described in subsection (b) of this Section must
not be charged for verification under this Section.
    A person who knowingly or purposefully falsifies this
verification is subject to a penalty of $100.
    (b) The applicable fees under Section 17 for a new
certificate of birth and under Section 25 of this Act for a
search for a birth record or a certified copy of a birth record
shall be waived for all requests made by:
        (1) a youth in care, as defined in Section 4d of the
    Children and Family Services Act, whose status is verified
    under subsection (a) of this Section; or
        (2) a person under the age of 27 who was a youth in
    care, as defined in Section 4d of the Children and Family
    Services Act, on or after his or her 18th birthday and
    whose status is verified under subsection (a) of this
    Section.
    The State Registrar of Vital Records shall establish
standards and procedures consistent with this Section for
waiver of the applicable fees.
    (c) A person shall be provided no more than 4 birth records
annually under this Section.
(Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    (410 ILCS 535/25.6 new)
    Sec. 25.6. Fee waiver; persons who reside in a shelter for
domestic violence.
    (a) The applicable fees under Section 17 of this Act for a
new certificate of birth and Section 25 of this Act for a
search of a birth record or a certified copy of a birth record
shall be waived for all requests by a person who resides in a
shelter for domestic violence. The State Registrar of Vital
Records shall establish standards and procedures consistent
with this Section for waiver of the applicable fees. A person
described under this Section must not be charged for
verification under this Section. A person who knowingly or
purposefully falsifies this verification is subject to a
penalty of $100.
    (b) A person who resides in a shelter for domestic
violence shall be provided no more than 4 birth records
annually under this Section.
 
    Section 99. Effective date. This Act takes effect July 1,
2023.
INDEX
Statutes amended in order of appearance
    410 ILCS 535/17from Ch. 111 1/2, par. 73-17
    410 ILCS 535/25.3
    410 ILCS 535/25.4
    410 ILCS 535/25.6 new