Illinois General Assembly - Full Text of HB2136
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Full Text of HB2136  93rd General Assembly

HB2136sam001 93rd General Assembly


093_HB2136sam001

 










                                     LRB093 07705 LCB 14772 a

 1                    AMENDMENT TO HOUSE BILL 2136

 2        AMENDMENT NO.     .  Amend House Bill 2136  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Adoption  Act  is  amended by changing
 5    Sections 18.2, 18.3a, and 18.4 as follows:

 6        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
 7        Sec. 18.2. Forms.
 8        (a)  The  form   of   the   Birth   Parent   Registration
 9    Identification Form shall be substantially as follows:
10              BIRTH PARENT REGISTRATION IDENTIFICATION
11                   (Insert all known information)
12    I,  .....,  state  that I am the ...... (mother or father) of
13    the following child:
14        Child's original name: ..... (first) ..... (middle) .....
15             (last),  .....  (hour  of  birth),  .....  (date  of
16             birth), ..... (city and state of birth), ..... (name
17             of hospital).
18        Father's full name: ...... (first) ...... (middle)  .....
19             (last), ..... (date of birth), ..... (city and state
20             of birth).
21        Name  of  mother  inserted  on  birth  certificate: .....
22             (first) ..... (middle) ..... (last),  .....  (race),
 
                            -2-      LRB093 07705 LCB 14772 a
 1             .....  (date  of  birth),  ...... (city and state of
 2             birth).
 3    That I  surrendered  my  child  to:  .............  (name  of
 4        agency),   .....   (city  and  state  of  agency),  .....
 5        (approximate date child surrendered).
 6    That I placed my child by  private  adoption:  .....  (date),
 7        ...... (city and state).
 8    Name of adoptive parents, if known: ......
 9    Other identifying information: .....
10                                         ........................
11                                            (Signature of parent)
12    ............                         ........................
13    (date)                               (printed name of parent)

14        (b)  The   form   of   the  Adopted  Person  Registration
15    Identification shall be substantially as follows:
16                           ADOPTED PERSON
17                     REGISTRATION IDENTIFICATION
18                   (Insert all known information)
19    I, ....., state the following:
20        Adopted  Person's  present  name:  .....  (first)   .....
21             (middle) ..... (last).
22        Adopted  Person's name at birth (if known): ..... (first)
23             ..... (middle) .....  (last),  .....  (birth  date),
24             ..... (city and state of birth), ...... (sex), .....
25             (race).
26        Name  of  adoptive  father:  ..... (first) ..... (middle)
27             ..... (last), ..... (race).
28        Maiden name  of  adoptive  mother:  .....  (first)  .....
29             (middle) ..... (last), ..... (race).
30        Name  of  birth  mother  (if  known): ..... (first) .....
31             (middle) ..... (last), ..... (race).
32        Name of birth father  (if  known):  .....  (first)  .....
33             (middle) ..... (last), ..... (race).
34        Name(s)  at  birth  of  sibling(s)  having a common birth
 
                            -3-      LRB093 07705 LCB 14772 a
 1             parent with adoptee (if known): ..... (first)  .....
 2             (middle)  .....  (last),  .....  (race), and name of
 3             common birth parent: .....  (first)  .....  (middle)
 4             ..... (last), ..... (race).
 5    I was adopted through: ..... (name of agency).
 6    I was adopted privately: ..... (state "yes" if known).
 7    I  was  adopted in ..... (city and state), ..... (approximate
 8        date).
 9    Other identifying information: .............
10                                           ......................
11                                           (signature of adoptee)
12    ...........                         .........................
13    (date)                              (printed name of adoptee)

14        (c)  The form  of  the  Surrendered  Person  Registration
15    Identification shall be substantially as follows:
16                   SURRENDERED PERSON REGISTRATION
17                           IDENTIFICATION
18                   (Insert all known information)
19    I, ....., state the following:
20        Surrendered  Person's  present  name: ..... (first) .....
21             (middle) ..... (last).
22        Surrendered Person's name  at  birth  (if  known):  .....
23             (first)  .....  (middle)  .....  (last), .....(birth
24             date), .....  (city  and  state  of  birth),  ......
25             (sex), ..... (race).
26        Name  of  guardian  father:  ..... (first) ..... (middle)
27             ..... (last), ..... (race).
28        Maiden name  of  guardian  mother:  .....  (first)  .....
29             (middle) ..... (last), ..... (race).
30        Name  of  birth  mother  (if  known): ..... (first) .....
31             (middle) ..... (last) ..... (race).
32        Name of birth father  (if  known):  .....  (first)  .....
33             (middle) ..... (last), .....(race).
34        Name(s)  at  birth  of  sibling(s)  having a common birth
 
                            -4-      LRB093 07705 LCB 14772 a
 1             parent with surrendered  person  (if  known):  .....
 2             (first)  .....  (middle) ..... (last), ..... (race),
 3             and name of common birth parent: ..... (first) .....
 4             (middle) ..... (last), ..... (race).
 5    I was surrendered for adoption to: ..... (name of agency).
 6    I was surrendered for adoption in  .....  (city  and  state),
 7        ..... (approximate date).
 8    Other identifying information: ............
 9                                 ................................
10                                (signature of surrendered person)
11    ............                           ......................
12    (date)                                (printed name of person
13                                        surrendered for adoption)

14        (d)  The  form  of the Information Exchange Authorization
15    shall be substantially as follows:
16                 INFORMATION EXCHANGE AUTHORIZATION
17        I, ....., state that I am the person  who  completed  the
18    Registration  Identification;  that  I am of the age of .....
19    years; that I  hereby  authorize  the  Department  of  Public
20    Health   to   give  to  my  (birth  parent)  (birth  sibling)
21    (surrendered  child)  the   following   (please   check   the
22    information authorized for exchange):
23             [  ]  1.  Only my name and last known address.
24             [  ]  2.  A  copy  of  my Illinois Adoption Registry
25        Application.
26             [  ]  3.  A copy of the original certificate of live
27        birth.
28        I am fully aware that I can only  be  supplied  with  any
29    information   about   my   (birth   parent)  (birth  sibling)
30    (surrendered child) if  such  person  has  duly  executed  an
31    Information Exchange Authorization for such information which
32    has  not been revoked; that I can be contacted by writing to:
33    ..... (own name or  name  of  person  to  contact)  (address)
34    (phone number).
 
                            -5-      LRB093 07705 LCB 14772 a
 1        Dated (insert date).
 2    ............                                   ..............
 3    (witness)                                         (signature)

 4        (e)  The form of the Denial of Information Exchange shall
 5    be substantially as follows:
 6                   DENIAL OF INFORMATION EXCHANGE
 7        I,  .....,  state  that I am the person who completed the
 8    Registration Identification; that I am of the  age  of  .....
 9    years; that I hereby instruct the Department of Public Health
10    not to give any identifying information about me to my (birth
11    parent)  (birth  sibling)  (surrendered child); that I do not
12    wish to be contacted.
13        Dated (insert date).
14    .............                                 ...............
15    (witness)                                         (signature)

16        (f)  The  Information  Exchange  Authorization  and   the
17    Denial  of  Information Exchange shall be acknowledged by the
18    birth parent, birth sibling, adopted or  surrendered  person,
19    adoptive parent, or legal guardian before a notary public, in
20    form substantially as follows:
21    State of ..............
22    County of .............
23        I,  a  Notary  Public, in and for the said County, in the
24    State  aforesaid,  do  hereby  certify  that  ...............
25    personally known to me to be the same person  whose  name  is
26    subscribed  to  the foregoing certificate of acknowledgement,
27    appeared before me in person and  acknowledged  that  (he  or
28    she)  signed  such  certificate  as  (his  or  her)  free and
29    voluntary act and that the statements in such certificate are
30    true.
31        Given under my hand and notarial seal on (insert date).
32                                        .........................
33                                                 (signature)
 
                            -6-      LRB093 07705 LCB 14772 a
 1        (g)  When  the  execution  of  an  Information   Exchange
 2    Authorization   or   a  Denial  of  Information  Exchange  is
 3    acknowledged before  a  representative  of  an  agency,  such
 4    representative  shall  have his signature on said Certificate
 5    acknowledged before a notary public, in form substantially as
 6    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 ..... personally
11    known to me to be the same person whose name is subscribed to
12    the foregoing certificate of acknowledgement, appeared before
13    me in person and acknowledged that (he or  she)  signed  such
14    certificate  as  (his or her) free and voluntary act and that
15    the statements in such certificate are true.
16        Given under my hand and notarial seal on (insert date).
17                                          .......................
18                                                   (signature)

19        (h)  When  an  Illinois  Adoption  Registry  Application,
20    Information Exchange Authorization or a Denial of Information
21    Exchange is executed in a foreign country, the  execution  of
22    such  document  shall  be  acknowledged or affirmed before an
23    officer of the United States consular services.
24        (i)  If  the  person  signing  an  Information   Exchange
25    Authorization  or  a Denial of Information is in the military
26    service of the United States, the execution of such  document
27    may  be  acknowledged  before  a commissioned officer and the
28    signature of  such  officer  on  such  certificate  shall  be
29    verified  or  acknowledged  before a notary public or by such
30    other procedure as is then in effect  for  such  division  or
31    branch of the armed forces.
32        (j)  The Department shall modify these forms as necessary
33    to  implement  the  provisions of this amendatory Act of 1999
34    including  creating  Registration  Identification  Forms  for
 
                            -7-      LRB093 07705 LCB 14772 a
 1    non-surrendered birth siblings, adoptive  parents  and  legal
 2    guardians.
 3    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

 4        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
 5        Sec.   18.3a.  Confidential  intermediary.   (a)  General
 6    purposes. Notwithstanding any other provision  of  this  Act,
 7    any adopted person over the age of 21, any adoptive parent or
 8    legal  guardian  of an adopted person under the age of 21, or
 9    any birth parent of an adopted person who is over the age  of
10    21  may  petition  the  court  in  any county in the State of
11    Illinois for appointment of a  confidential  intermediary  as
12    provided  in  this  Section  for  the  purpose  of exchanging
13    medical information with  one  or  more  mutually  consenting
14    biological relatives, obtaining identifying information about
15    one  or  more  mutually  consenting  biological relatives, or
16    arranging  contact  with  one  or  more  mutually  consenting
17    biological relatives. Additionally, in cases where an adopted
18    or surrendered person is deceased,  an  adult  child  of  the
19    adopted  or surrendered person may file a petition under this
20    Section and in cases where the birth parent is deceased,   an
21    adult  birth  sibling  of  the  adoptee or the deceased birth
22    parent may file a petition under this Section for the purpose
23    of exchanging medical information with one or  more  mutually
24    consenting   biological   relatives,   obtaining  identifying
25    information about one or more mutually consenting  biological
26    relatives,  or  arranging  contact  with one or more mutually
27    consenting biological relatives.
28        (b)  Petition. Upon petition by an  adopted  person  over
29    the  age  of  21,  an adoptive parent or legal guardian of an
30    adopted person under the age of 21, or a birth parent  of  an
31    adopted  person  who  is  over the age of 21, the court shall
32    appoint a confidential intermediary without a  hearing.  Upon
33    petition  by  an  adult  child  of  an  adopted person who is
 
                            -8-      LRB093 07705 LCB 14772 a
 1    deceased or by an adult birth sibling  of  an  adoptee  whose
 2    birth  parent  is  deceased or by an adult sibling of a birth
 3    parent who is deceased, the court may appoint a  confidential
 4    intermediary  if  the  court  finds that the disclosure is of
 5    greater benefit than nondisclosure. The petition shall  state
 6    which  biological  relative or relatives are being sought and
 7    shall indicate if the petitioner wants to do any one or  more
 8    of  the  following:  exchange  medical  information  with the
 9    biological  relative   or   relatives,   obtain   identifying
10    information  from the biological relative or relatives, or to
11    arrange contact with the biological relative.
12        (c)  Fees and expenses. The  court  shall  condition  the
13    appointment   of   the   confidential   intermediary  on  the
14    petitioner's payment of the intermediary's fees and  expenses
15    in   advance   of   the  commencement  of  the  work  of  the
16    confidential intermediary.
17        (d)  Eligibility of intermediary. The court  may  appoint
18    as  confidential  intermediary  either  an  employee  of  the
19    Illinois   Department   of   Children   and  Family  Services
20    designated by the Department to  serve  as  such,  any  other
21    person certified by the Department as qualified to serve as a
22    confidential  intermediary,  or  any  employee  of a licensed
23    child welfare agency certified by the agency as qualified  to
24    serve as a confidential intermediary.
25        (e)    Access.  Notwithstanding  any  other  provision of
26    State law, the confidential intermediary shall have access to
27    all records of the court or any agency, school, or  hospital,
28    public  or  private,  which  relate  to  the  adoption or the
29    identity and location of any adopted person  or  his  or  her
30    adoptive  parents,  legal  guardians,  adult  children  of  a
31    deceased  adopted  person,  birth  parent,  birth sibling, or
32    sibling   of   a   deceased   birth   parent.    Confidential
33    intermediaries  shall  be  authorized to inspect confidential
34    relinquishment, adoption, and other records.
 
                            -9-      LRB093 07705 LCB 14772 a
 1        (f)  Duties of confidential intermediary in conducting  a
 2    search.  In  conducting  a  search  under  this  Section, the
 3    confidential intermediary shall first confirm that  there  is
 4    no  Denial  of Information Exchange on file with the Illinois
 5    Adoption Registry. If the petitioner is an adult child of  an
 6    adopted person who is deceased, the confidential intermediary
 7    shall  additionally  confirm  that the adopted person did not
 8    file a Denial  of  Information  Exchange  with  the  Illinois
 9    Adoption  Registry  during his or her life. If the petitioner
10    is an adult birth sibling of an adopted person  or  an  adult
11    sibling  of  a birth parent who is deceased, the confidential
12    intermediary shall additionally confirm that the birth parent
13    did not file  a  Denial  of  Information  Exchange  with  the
14    Registry during his or her life.
15        In   conducting   a   search   under  this  Section,  the
16    confidential  intermediary  shall  attempt  to   locate   the
17    relative or relatives with whom the petitioner has requested.
18    If the sought-after relative is deceased or cannot be located
19    after  a  diligent  search, the confidential intermediary may
20    contact  adult  biological  relatives  of  the   sought-after
21    relative.
22        The    confidential    intermediary   shall   contact   a
23    sought-after relative on behalf of the petitioner in a manner
24    that respects the sought-after relative's privacy  and  shall
25    inform  the sought-after relative of the petitioner's request
26    for medical information, identifying information  or  contact
27    as  stated  in  the  petition.  Based  upon  the terms of the
28    petitioner's request,  the  confidential  intermediary  shall
29    contact  a  sought-after relative on behalf of the petitioner
30    and  inform  the  sought-after  relative  of  the   following
31    options:
32        (1)  The  sought-after relative may totally reject one or
33    all of the  requests  for  medical  information,  identifying
34    information  or  contact.  The sought-after relative shall be
 
                            -10-     LRB093 07705 LCB 14772 a
 1    informed that they can provide a medical questionnaire to  be
 2    forwarded to the petitioner without releasing any identifying
 3    information.  The  confidential intermediary shall inform the
 4    petitioner of the sought-after relative's decision to  reject
 5    the sharing of information and contact.
 6        (2)  The  sought-after relative may consent to completing
 7    a medical questionnaire only. In this case, the  confidential
 8    intermediary  shall  provide  the  questionnaire  and ask the
 9    sought-after  relative  to  complete  it.  The   confidential
10    intermediary shall forward the completed questionnaire to the
11    petitioner  and  inform  the  petitioner  of the sought-after
12    relative's desire to not provide any additional information.
13        (3)  The sought-after relative may communicate  with  the
14    petitioner  without  having his or her identity disclosed. In
15    this case, the confidential intermediary  shall  arrange  the
16    desired  communication in a manner that protects the identity
17    of the sought-after relative. The  confidential  intermediary
18    shall  inform  the  petitioner of the sought-after relative's
19    decision to communicate but not disclose his or her identity.
20        (4)  The sought after relative may  consent  to  initiate
21    contact  with  the petitioner. If both the petitioner and the
22    sought-after relative or relatives are eligible  to  register
23    with   the   Illinois  Adoption  Registry,  the  confidential
24    intermediary shall provide the  necessary  application  forms
25    and  request that the sought-after relative register with the
26    Illinois Adoption Registry. If either the petitioner  or  the
27    sought-after relative or relatives are ineligible to register
28    with   the   Illinois  Adoption  Registry,  the  confidential
29    intermediary shall obtain written consents from both  parties
30    that they wish to disclose their identities to each other and
31    to have contact with each other.
32        (g)  Oath.  The  confidential  intermediary shall sign an
33    oath  of  confidentiality  substantially  as   follows:   "I,
34    ..........,  being  duly  sworn, on oath depose and say: As a
 
                            -11-     LRB093 07705 LCB 14772 a
 1    condition of appointment as a  confidential  intermediary,  I
 2    affirm that:
 3             (1)  I will not disclose to the petitioner, directly
 4        or  indirectly,  any confidential information except in a
 5        manner 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    SUBSCRIBED AND SWORN  to  before  me,  a  Notary  Public,  on
10    (insert date)
11    ................................."
12        (h)  Sanctions.   Any   confidential   intermediary   who
13    improperly  discloses  confidential information identifying a
14    sought-after relative shall be  liable  to  the  sought-after
15    relative  for  damages  and  may also be found in contempt of
16    court.
17        (i)  Death of person being  sought.  Notwithstanding  any
18    other provision of this Act, if the confidential intermediary
19    discovers  that  the  person being sought has died, he or she
20    shall report this fact to the court, along with a copy of the
21    death certificate.
22        (j)  Any  confidential  information   obtained   by   the
23    confidential  intermediary  during  the  course of his or her
24    search shall be kept strictly confidential and shall be  used
25    for  the  purpose of arranging contact between the petitioner
26    and the sought-after birth relative. At the time the case  is
27    closed,  all identifying information shall be returned to the
28    court for inclusion in the impounded adoption file.
29        (k)  If the petitioner is an adopted person over the  age
30    of  21 or the adoptive parent or legal guardian of an adopted
31    person under the age of 21, any non-identifying  information,
32    as  defined  in  Section 18.4, that is ascertained during the
33    course  of  the  search  may  be  given  in  writing  to  the
34    petitioner before the case is closed.
 
                            -12-     LRB093 07705 LCB 14772 a
 1        (l)  Except  as  provided  in  subsection  (h)  of   this
 2    Section,  no  liability  shall accrue to the State, any State
 3    agency, any judge, any officer or employee of the court,  any
 4    certified confidential intermediary, or any agency designated
 5    to  oversee  confidential  intermediary  services  for  acts,
 6    omissions,  or efforts made in good faith within the scope of
 7    this Section.
 8        (a)  General   purposes.    Notwithstanding   any   other
 9    provision of this Act, any adopted person over the age of  21
10    or any adoptive parent or legal guardian of an adopted person
11    under the age of 21 may petition the court for appointment of
12    a  confidential  intermediary as provided in this Section for
13    the purpose of obtaining from one or both birth parents or  a
14    sibling   or  siblings  of  the  adopted  person  information
15    concerning   the   background   of   a    psychological    or
16    genetically-based medical problem experienced or which may be
17    expected  to  be  experienced  in  the  future by the adopted
18    person or obtaining assistance in treating such a problem.
19        (b)  Petition.  The court shall  appoint  a  confidential
20    intermediary  for the purposes described in subsection (f) if
21    the petitioner shows the following:
22             (1)  the adopted  person  is  suffering  or  may  be
23        expected  to suffer in the future from a life-threatening
24        or substantially incapacitating physical illness  of  any
25        nature,   or   a   psychological   disturbance  which  is
26        substantially incapacitating but not life-threatening, or
27        a mental illness which, in the  opinion  of  a  physician
28        licensed  to practice medicine in all its branches, is or
29        could be genetically based to a significant degree;
30             (2)  the treatment of the  adopted  person,  in  the
31        opinion  of  a physician licensed to practice medicine in
32        all of its branches,  would  be  materially  assisted  by
33        information  obtainable  from  the birth parents or might
34        benefit from the provision  of  organs  or  other  bodily
 
                            -13-     LRB093 07705 LCB 14772 a
 1        tissues,  materials,  or  fluids  by the birth parents or
 2        other close biological relatives; and
 3             (3)  there  is  neither  an   Information   Exchange
 4        Authorization  nor a Denial of Information Exchange filed
 5        in the Registry as provided in Section 18.1.
 6        The affidavit or  testimony  of  the  treating  physician
 7    shall  be  conclusive  on the issue of the utility of contact
 8    with the birth  parents  unless  the  court  finds  that  the
 9    relationship  between  the  illness  to  be  treated  and the
10    alleged need for contact is totally without foundation.
11        (c)  Fees and expenses.  The court  shall  condition  the
12    appointment  of  the confidential intermediary on the payment
13    of the intermediary's fees and expenses  in  advance,  unless
14    the  intermediary waives the right to full advance payment or
15    to any reimbursement at all.
16        (d)  Eligibility of intermediary.  The court may  appoint
17    as  confidential  intermediary  either  an  employee  of  the
18    Illinois   Department   of   Children   and  Family  Services
19    designated by the Department to  serve  as  such,  any  other
20    person certified by the Department as qualified to serve as a
21    confidential  intermediary,  or  any  employee  of a licensed
22    child welfare agency certified by the agency as qualified  to
23    serve as a confidential intermediary.
24        (e)  Access.  Notwithstanding any other provision of law,
25    the  confidential  intermediary  shall  have  access  to  all
26    records  of the court or any agency, public or private, which
27    relate to the adoption or the identity and  location  of  any
28    birth parent.
29        (f)  Purposes  of contact.  The confidential intermediary
30    has only the following powers and duties:
31             (1)  To contact one or both  birth  parents,  inform
32        the parent or parents of the basic medical problem of the
33        adopted  person  and  the  nature  of  the information or
34        assistance sought from the birth parent, and  inform  the
 
                            -14-     LRB093 07705 LCB 14772 a
 1        parent or parents of the following options:
 2                  (A)  The  birth  parent  may totally reject the
 3             request for assistance or information, or both,  and
 4             no  disclosure of identity or location shall be made
 5             to the petitioner.
 6                  (B)  The birth parent may file  an  Information
 7             Exchange  Authorization as provided in Section 18.1.
 8             The confidential intermediary shall explain  to  the
 9             birth  parent  the  consequences  of  such a filing,
10             including that the birth parent's identity  will  be
11             available  for  discovery  by the adopted person. If
12             the  birth  parent  agrees  to  this   option,   the
13             confidential  intermediary  shall  supply the parent
14             with the appropriate forms, shall be responsible for
15             their immediate filing with the Registry, and  shall
16             inform the petitioner of their filing.
17                  (C)  If  the birth parent wishes to provide the
18             information or assistance sought but does  not  wish
19             his  or  her  identity  disclosed,  the confidential
20             intermediary shall arrange for the disclosure of the
21             information or the provision  of  assistance  in  as
22             confidential  a  manner as possible so as to protect
23             the privacy of the birth  parent  and  minimize  the
24             likelihood  of  disclosure  of  the  birth  parent's
25             identity.
26             (2)  If  a birth parent so desires, to arrange for a
27        confidential communication with the treating physician to
28        discuss  the  need  for  the  requested  information   or
29        assistance.
30             (3)  If   a  birth  parent  agrees  to  provide  the
31        information or assistance sought but wishes  to  maintain
32        his  or  her privacy, to arrange for the provision of the
33        information  or  assistance  to  the  physician   in   as
34        confidential  a  manner  as possible so as to protect the
 
                            -15-     LRB093 07705 LCB 14772 a
 1        privacy of the birth parent and minimize  the  likelihood
 2        of disclosure of the birth parent's identity.
 3        (g)  Oath.   The  confidential intermediary shall sign an
 4    oath of confidentiality substantially as follows:
 5             "I, .........., being duly sworn, on oath depose and
 6        say:  As a condition of  appointment  as  a  confidential
 7        intermediary, I affirm that:
 8             (1)  I will not disclose to the petitioner, directly
 9        or  indirectly,  any  information  about  the identity or
10        location of the birth parent whose  assistance  is  being
11        sought  for medical reasons except in a manner consistent
12        with the law.
13             (2)  I  recognize  that  violation  of   this   oath
14        subjects  me  to  civil  liability  and to being found in
15        contempt of court.
16                                 ................................

17             SUBSCRIBED AND SWORN to before me, a Notary  Public,
18        on (insert date).
19                                ................................"
20        (h)  Sanctions.
21             (1)  Any  confidential  intermediary  who improperly
22        discloses information identifying a birth parent shall be
23        liable to the birth parent for damages and  may  also  be
24        found in contempt of court.
25             (2)  Any   person   who   learns  a  birth  parent's
26        identity, directly or  indirectly,  through  the  use  of
27        procedures  provided  in  this Section and who improperly
28        discloses information identifying the birth parent  shall
29        be  liable  to  the  birth parent for actual damages plus
30        minimum punitive damages of $10,000.
31        (i)  Death of birth  parent.  Notwithstanding  any  other
32    provision  of  this  Act,  if  the  confidential intermediary
33    discovers that the person  whose  assistance  is  sought  has
34    died,  he  or  she shall report this fact to the court, along
 
                            -16-     LRB093 07705 LCB 14772 a
 1    with a copy of the death certificate.
 2    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

 3        (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
 4        Sec. 18.4.  (a) The agency, Department  of  Children  and
 5    Family Services, Court Supportive Services, Juvenile Division
 6    of  the  Circuit  Court,  or  the  Probation  Officers of the
 7    Circuit Court involved in the adoption proceedings shall give
 8    in writing  the  following  non-identifying  information,  if
 9    known,  to  the  adoptive  parents not later than the date of
10    placement with the petitioning adoptive parents:  (i) age  of
11    biological  parents;  (ii)  their  race,  religion and ethnic
12    background; (iii) general physical appearance  of  biological
13    parents; (iv) their education, occupation, hobbies, interests
14    and  talents; (v) existence of any other children born to the
15    biological  parents;  (vi)   information   about   biological
16    grandparents;  reason  for emigrating into the United States,
17    if applicable, and  country  of  origin;  (vii)  relationship
18    between  biological  parents; and (viii) detailed medical and
19    mental health histories of the child, the biological parents,
20    and their immediate relatives; and (ix) the actual  date  and
21    place   of   birth   of  the  adopted  person.   However,  no
22    information provided under this subsection shall disclose the
23    name  or  last  known  address  of  the  biological  parents,
24    grandparents, the siblings of  the  biological  parents,  the
25    adopted person, or any other relative of the adopted person.
26        (b)  Any  adoptee  18 years of age or over shall be given
27    the information in subsection (a) upon request.
28        (c)  The Illinois Adoption  Registry  shall  release  any
29    non-identifying  information  listed  in  (a) of this Section
30    that  appears  on  the  original  birth  certificate  or  the
31    Certificate  of  Adoption  to  an  adopted  person,  adoptive
32    parent, or legal guardian who is a registrant of the Illinois
33    Adoption Registry.
 
                            -17-     LRB093 07705 LCB 14772 a
 1        (d)  The Illinois Adoption  Registry  shall  release  the
 2    actual  date and place of birth of an adopted person over the
 3    age of 21 to the birth  parent  if  the  birth  parent  is  a
 4    registrant   of   the  Illinois  Adoption  Registry  and  has
 5    completed a Medical Information Exchange Authorization.
 6        (e)  The  Illinois  Adoption   Registry   shall   release
 7    information regarding the date of the adoption and the county
 8    in   which   the   adoption  was  finalized  to  a  certified
 9    confidential intermediary upon submission of a court order.
10        (f)  In  cases  where  the  Illinois  Adoption   Registry
11    possesses  information indicating that an adopted person over
12    the age of 21 was adopted in a state other than Illinois or a
13    country other than the United States, the  Illinois  Adoption
14    Registry shall release the name of the state or country where
15    the  adoption  was  finalized  and,  if available, the agency
16    involved in the adoption to  a  registrant  of  the  Illinois
17    Adoption  Registry  who  has  completed a Medical Information
18    Exchange Authorization.
19        (g) (c)  Any of the above available information  for  any
20    adoption  proceedings  completed before the effective date of
21    this Act shall be supplied to  the  adoptive  parents  or  an
22    adoptee 18 years of age or over upon request.
23        (h)  (d)  The  agency,  Department of Children and Family
24    Services, Court Supportive Services, Juvenile Division of the
25    Circuit Court, the Probation Officers of  the  Circuit  Court
26    and  any  other  governmental  bodies having any of the above
27    information shall retain the file  until  the  adoptee  would
28    have reached the age of 99 years.
29    (Source: P.A. 87-617.)".