| ||||
| Public Act 100-0360 | ||||
| ||||
| ||||
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 1 and 17 as follows:
| ||||
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
| ||||
Sec. 1. As used in this Act, unless the context otherwise | ||||
requires:
| ||||
(1) "Vital records" means records of births, deaths, fetal | ||||
deaths,
marriages, dissolution of marriages, and data related | ||||
thereto.
| ||||
(2) "System of vital records" includes the registration, | ||||
collection,
preservation, amendment, and certification of | ||||
vital records, and
activities related thereto.
| ||||
(3) "Filing" means the presentation of a certificate, | ||||
report, or
other record provided for in this Act, of a birth, | ||||
death, fetal death,
adoption, marriage, or dissolution of | ||||
marriage, for registration by the Office of Vital
Records.
| ||||
(4) "Registration" means the acceptance by the Office of | ||||
Vital
Records and the incorporation in its official records of | ||||
certificates,
reports, or other records provided for in this | ||||
Act, of births, deaths,
fetal deaths, adoptions, marriages, or | ||||
dissolution of marriages.
| ||||
(5) "Live birth" means the complete expulsion or extraction | ||
from its
mother of a product of human conception, irrespective | ||
of the duration of
pregnancy, which after such separation | ||
breathes or shows any other
evidence of life such as beating of | ||
the heart, pulsation of the
umbilical cord, or definite | ||
movement of voluntary muscles, whether or
not the umbilical | ||
cord has been cut or the placenta is attached.
| ||
(6) "Fetal death" means death prior to the complete | ||
expulsion or
extraction from its mother of a product of human | ||
conception,
irrespective of the duration of pregnancy; the | ||
death is indicated by the
fact that after such separation the | ||
fetus does not breathe or show any
other evidence of life such | ||
as beating of the heart, pulsation of the
umbilical cord, or | ||
definite movement of voluntary muscles.
| ||
(7) "Dead body" means a lifeless human body or parts of | ||
such body or
bones thereof from the state of which it may | ||
reasonably be concluded
that death has occurred.
| ||
(8) "Final disposition" means the burial, cremation, or | ||
other
disposition of a dead human body or fetus or parts | ||
thereof.
| ||
(9) "Physician" means a person licensed to practice | ||
medicine in
Illinois or any other State.
| ||
(10) "Institution" means any establishment, public or | ||
private, which
provides in-patient medical, surgical, or | ||
diagnostic care or treatment,
or nursing, custodial, or | ||
domiciliary care to 2 or more unrelated
individuals, or to | ||
which persons are committed by law.
| ||
(11) "Department" means the Department of Public Health of | ||
the State
of Illinois.
| ||
(12) "Director" means the Director of the Illinois | ||
Department of
Public Health.
| ||
(13) "Licensed health care professional" means a person | ||
licensed to practice as a physician, advanced practice nurse, | ||
or physician assistant in Illinois or any other state. | ||
(14) "Licensed mental health professional" means a person | ||
who is licensed or registered to provide mental health services | ||
by the Department of Financial and Professional Regulation or a | ||
board of registration duly authorized to register or grant | ||
licenses to persons engaged in the practice of providing mental | ||
health services in Illinois or any other state. | ||
(15) "Intersex condition" means a condition in which a | ||
person is born with a reproductive or sexual anatomy or | ||
chromosome pattern that does not fit typical definitions of | ||
male or female. | ||
(Source: P.A. 81-230.)
| ||
(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) A declaration An affidavit by a licensed health | ||
care professional or licensed mental health professional | ||
who has treated or evaluated a person stating physician | ||
that the he has performed an operation on a
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 by reason of the | ||
operation 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. The State Registrar of | ||
Vital
Records may make any investigation or require any | ||
further information he
deems necessary.
| ||
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.
| ||
(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 adoption,
paternity, legitimation, or sex | ||
change of sex designation shall not be subject to | ||
inspection
or certification except upon order of the | ||
circuit court, request of the person, or
as provided by | ||
regulation. If the new certificate was issued subsequent to | ||
an adoption, 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.
| ||
(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. 97-110, eff. 7-14-11.)
| ||