Illinois General Assembly - Full Text of Public Act 094-0007
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Public Act 094-0007




Public Act 094-0007
SB0568 Enrolled LRB094 10824 RXD 41318 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
Section 25.1 as follows:
    (410 ILCS 535/25.1)  (from Ch. 111 1/2, par. 73-25.1)
    Sec. 25.1. (a) When the State Registrar of Vital Records
receives or prepares a death certificate the Registrar shall
make an appropriate notation in the birth certificate record of
that person that the person is deceased. The Registrar shall
also notify the appropriate municipal or county custodian of
such birth record that the person is deceased, and such
custodian shall likewise make an appropriate notation in its
    (b) In response to any inquiry, the Registrar or a
custodian shall not provide a copy of a birth certificate or
information concerning the birth record of any deceased person
except as provided in this subsection (b) or as otherwise
provided in this Act or as approved by the Department. When a
copy of the birth certificate of a deceased person is
requested, the Registrar or custodian shall require the person
making the request to complete an information form, which shall
be developed and furnished by the Department and shall include,
at a minimum, the name, address, telephone number, social
security number and driver's license number of the person
making the request. Before furnishing the copy, the custodian
shall prominently stamp on the copy the word "DECEASED" and
write or stamp on the copy the date of death of the deceased
person. The custodian shall retain the information form
completed by the person making the request, and note on the
birth certificate record that such a request was made. The
custodian shall make the information form available to the
Department of State Police or any local law enforcement agency
upon request. A city or county custodian shall promptly submit
copies of all completed forms to the Registrar. The word
"DECEASED" and the date of death shall not appear on a copy of
a birth certificate furnished to a parent of a child who died
within 3 months of birth, provided no other copy of a birth
certificate was furnished to the parent prior to the child's
    (c) The Registrar shall furnish, no later than 60 days
after receipt of a form used to request a birth certificate
record of a deceased person, a copy of the form and a copy of
the corresponding birth certificate record to the Illinois
Department of Public Aid and the Department of Human Services.
The Illinois Department of Public Aid and the Department of
Human Services shall, upon receipt of such information, check
their records to ensure that no claim for public assistance
under the Illinois Public Aid Code is being made either by a
person purporting to be the deceased person or by any person on
behalf of the deceased person.
    (d) Notwithstanding the requirements of subsection (b),
when the death of a child occurs within 90 days of that child's
live birth, the mother listed on the birth certificate of that
child may request the issuance of a copy of a certificate of
live birth from the State Registrar. Such request shall be made
in accordance with subsection (b), shall indicate the
requestor's relationship to the child, and shall be made not
later than 9 months from the date of the death of the child.
Except as provided herein, the Registrar shall conform to all
requirements of this Act in issuing copies of certificates
under this subsection (d).
(Source: P.A. 89-507, eff. 7-1-97.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 06/06/2005