093_HB2504enr HB2504 Enrolled LRB093 07707 LCB 07895 b 1 AN ACT concerning confidential intermediaries. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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), 23 ..... (date of birth), ...... (city and state of 24 birth). 25 That I surrendered my child to: ............. (name of 26 agency), ..... (city and state of agency), ..... 27 (approximate date child surrendered). 28 That I placed my child by private adoption: ..... (date), 29 ...... (city and state). 30 Name of adoptive parents, if known: ...... 31 Other identifying information: ..... HB2504 Enrolled -2- LRB093 07707 LCB 07895 b 1 ........................ 2 (Signature of parent) 3 ............ ........................ 4 (date) (printed name of parent) 5 (b) The form of the Adopted Person Registration 6 Identification shall be substantially as follows: 7 ADOPTED PERSON 8 REGISTRATION IDENTIFICATION 9 (Insert all known information) 10 I, ....., state the following: 11 Adopted Person's present name: ..... (first) ..... 12 (middle) ..... (last). 13 Adopted Person's name at birth (if known): ..... (first) 14 ..... (middle) ..... (last), ..... (birth date), 15 ..... (city and state of birth), ...... (sex), ..... 16 (race). 17 Name of adoptive father: ..... (first) ..... (middle) 18 ..... (last), ..... (race). 19 Maiden name of adoptive mother: ..... (first) ..... 20 (middle) ..... (last), ..... (race). 21 Name of birth mother (if known): ..... (first) ..... 22 (middle) ..... (last), ..... (race). 23 Name of birth father (if known): ..... (first) ..... 24 (middle) ..... (last), ..... (race). 25 Name(s) at birth of sibling(s) having a common birth 26 parent with adoptee (if known): ..... (first) ..... 27 (middle) ..... (last), ..... (race), and name of 28 common birth parent: ..... (first) ..... (middle) 29 ..... (last), ..... (race). 30 I was adopted through: ..... (name of agency). 31 I was adopted privately: ..... (state "yes" if known). 32 I was adopted in ..... (city and state), ..... (approximate 33 date). 34 Other identifying information: ............. HB2504 Enrolled -3- LRB093 07707 LCB 07895 b 1 ...................... 2 (signature of adoptee) 3 ........... ......................... 4 (date) (printed name of adoptee) 5 (c) The form of the Surrendered Person Registration 6 Identification shall be substantially as follows: 7 SURRENDERED PERSON REGISTRATION 8 IDENTIFICATION 9 (Insert all known information) 10 I, ....., state the following: 11 Surrendered Person's present name: ..... (first) ..... 12 (middle) ..... (last). 13 Surrendered Person's name at birth (if known): ..... 14 (first) ..... (middle) ..... (last), .....(birth 15 date), ..... (city and state of birth), ...... 16 (sex), ..... (race). 17 Name of guardian father: ..... (first) ..... (middle) 18 ..... (last), ..... (race). 19 Maiden name of guardian mother: ..... (first) ..... 20 (middle) ..... (last), ..... (race). 21 Name of birth mother (if known): ..... (first) ..... 22 (middle) ..... (last) ..... (race). 23 Name of birth father (if known): ..... (first) ..... 24 (middle) ..... (last), .....(race). 25 Name(s) at birth of sibling(s) having a common birth 26 parent with surrendered person (if known): ..... 27 (first) ..... (middle) ..... (last), ..... (race), 28 and name of common birth parent: ..... (first) ..... 29 (middle) ..... (last), ..... (race). 30 I was surrendered for adoption to: ..... (name of agency). 31 I was surrendered for adoption in ..... (city and state), 32 ..... (approximate date). 33 Other identifying information: ............ 34 ................................ HB2504 Enrolled -4- LRB093 07707 LCB 07895 b 1 (signature of surrendered person) 2 ............ ...................... 3 (date) (printed name of person 4 surrendered for adoption) 5 (d) The form of the Information Exchange Authorization 6 shall be substantially as follows: 7 INFORMATION EXCHANGE AUTHORIZATION 8 I, ....., state that I am the person who completed the 9 Registration Identification; that I am of the age of ..... 10 years; that I hereby authorize the Department of Public 11 Health to give to my (birth parent) (birth sibling) 12 (surrendered child) the following (please check the 13 information authorized for exchange): 14 [ ] 1. Only my name and last known address. 15 [ ] 2. A copy of my Illinois Adoption Registry 16 Application. 17 [ ] 3. A copy of the original certificate of live 18 birth. 19 I am fully aware that I can only be supplied with any 20 information about my (birth parent) (birth sibling) 21 (surrendered child) if such person has duly executed an 22 Information Exchange Authorization for such information which 23 has not been revoked; that I can be contacted by writing to: 24 ..... (own name or name of person to contact) (address) 25 (phone number). 26 Dated (insert date). 27.......................... 28(witness)(signature) 29 (e) The form of the Denial of Information Exchange shall 30 be substantially as follows: 31 DENIAL OF INFORMATION EXCHANGE 32 I, ....., state that I am the person who completed the 33 Registration Identification; that I am of the age of ..... HB2504 Enrolled -5- LRB093 07707 LCB 07895 b 1 years; that I hereby instruct the Department of Public Health 2 not to give any identifying information about me to my (birth 3 parent) (birth sibling) (surrendered child); that I do not 4 wish to be contacted. 5 Dated (insert date). 6............................ 7(witness)(signature) 8 (f) The Information Exchange Authorization and the 9 Denial of Information Exchange shall be acknowledged by the 10 birth parent, birth sibling, adopted or surrendered person, 11 adoptive parent, or legal guardian before a notary public, in 12 form substantially as follows: 13 State of .............. 14 County of ............. 15 I, a Notary Public, in and for the said County, in the 16 State aforesaid, do hereby certify that ............... 17 personally known to me to be the same person whose name is 18 subscribed to the foregoing certificate of acknowledgement, 19 appeared before me in person and acknowledged that (he or 20 she) signed such certificate as (his or her) free and 21 voluntary act and that the statements in such certificate are 22 true. 23 Given under my hand and notarial seal on (insert date). 24 ......................... 25 (signature) 26 (g) When the execution of an Information Exchange 27 Authorization or a Denial of Information Exchange is 28 acknowledged before a representative of an agency, such 29 representative shall have his signature on said Certificate 30 acknowledged before a notary public, in form substantially as 31 follows: 32 State of.......... 33 County of......... HB2504 Enrolled -6- LRB093 07707 LCB 07895 b 1 I, a Notary Public, in and for the said County, in the 2 State aforesaid, do hereby certify that ..... personally 3 known to me to be the same person whose name is subscribed to 4 the foregoing certificate of acknowledgement, appeared before 5 me in person and acknowledged that (he or she) signed such 6 certificate as (his or her) free and voluntary act and that 7 the statements in such certificate are true. 8 Given under my hand and notarial seal on (insert date). 9 ....................... 10 (signature) 11 (h) When an Illinois Adoption Registry Application, 12 Information Exchange Authorization or a Denial of Information 13 Exchange is executed in a foreign country, the execution of 14 such document shall be acknowledged or affirmed before an 15 officer of the United States consular services. 16 (i) If the person signing an Information Exchange 17 Authorization or a Denial of Information is in the military 18 service of the United States, the execution of such document 19 may be acknowledged before a commissioned officer and the 20 signature of such officer on such certificate shall be 21 verified or acknowledged before a notary public or by such 22 other procedure as is then in effect for such division or 23 branch of the armed forces. 24 (j) The Department shall modify these forms as necessary 25 to implement the provisions of this amendatory Act of 1999 26 including creating Registration Identification Forms for 27 non-surrendered birth siblings, adoptive parents and legal 28 guardians. 29 (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.) 30 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) 31 Sec. 18.3a. Confidential intermediary. (a) General 32 purposes. Notwithstanding any other provision of this Act, 33 any adopted person 21 years of age or over, any adoptive HB2504 Enrolled -7- LRB093 07707 LCB 07895 b 1 parent or legal guardian of an adopted person under the age 2 of 21, or any birth parent of an adopted person who is 21 3 years of age or over may petition the court in any county in 4 the State of Illinois for appointment of a confidential 5 intermediary as provided in this Section for the purpose of 6 exchanging medical information with one or more mutually 7 consenting biological relatives, obtaining identifying 8 information about one or more mutually consenting biological 9 relatives, or arranging contact with one or more mutually 10 consenting biological relatives. Additionally, in cases where 11 an adopted or surrendered person is deceased, an adult child 12 of the adopted or surrendered person may file a petition 13 under this Section and in cases where the birth parent is 14 deceased, an adult birth sibling of the adopted person or of 15 the deceased birth parent may file a petition under this 16 Section for the purpose of exchanging medical information 17 with one or more mutually consenting biological relatives, 18 obtaining identifying information about one or more mutually 19 consenting biological relatives, or arranging contact with 20 one or more mutually consenting biological relatives. 21 (b) Petition. Upon petition by an adopted person 21 22 years of age or over, an adoptive parent or legal guardian of 23 an adopted person under the age of 21, or a birth parent of 24 an adopted person who is 21 years of age or over, the court 25 shall appoint a confidential intermediary. Upon petition by 26 an adult child of an adopted person who is deceased or by an 27 adult birth sibling of an adopted person whose birth parent 28 is deceased or by an adult sibling of a birth parent who is 29 deceased, the court may appoint a confidential intermediary 30 if the court finds that the disclosure is of greater benefit 31 than nondisclosure. The petition shall state which biological 32 relative or relatives are being sought and shall indicate if 33 the petitioner wants to do any one or more of the following: 34 exchange medical information with the biological relative or HB2504 Enrolled -8- LRB093 07707 LCB 07895 b 1 relatives, obtain identifying information from the biological 2 relative or relatives, or to arrange contact with the 3 biological relative. 4 (c) Order. The order appointing the confidential 5 intermediary shall allow that intermediary to conduct a 6 search for the sought-after relative by accessing those 7 records described in subsection (g) of this Section. 8 (d) Fees and expenses. The court shall condition the 9 appointment of the confidential intermediary on the 10 petitioner's payment of the intermediary's fees and expenses 11 in advance of the commencement of the work of the 12 confidential intermediary. 13 (e) Eligibility of intermediary. The court may appoint 14 as confidential intermediary either an employee of the 15 Illinois Department of Children and Family Services 16 designated by the Department to serve as such, any other 17 person certified by the Department as qualified to serve as a 18 confidential intermediary, or any employee of a licensed 19 child welfare agency certified by the agency as qualified to 20 serve as a confidential intermediary. Certification shall be 21 dependent upon the confidential intermediary completing a 22 course of training including, but not limited to, applicable 23 federal and State privacy laws. 24 (f) Confidential Intermediary Council. There shall be 25 established under the Department of Children and Family 26 Services a Confidential Intermediary Advisory Council. One 27 member shall be an attorney representing the Attorney 28 General's Office appointed by the Attorney General. One 29 member shall be a currently certified confidential 30 intermediary appointed by the Director of the Department of 31 Children and Family Services. The Director shall also 32 appoint 5 additional members. When making those 33 appointments, the Director shall consider advocates for 34 adopted persons, adoptive parents, birth parents, lawyers who HB2504 Enrolled -9- LRB093 07707 LCB 07895 b 1 represent clients in private adoptions, lawyers specializing 2 in privacy law, and representatives of agencies involved in 3 adoptions. The Director shall appoint one of the 7 members 4 as the chairperson. An attorney from the Department of 5 Children and Family Services and the person directly 6 responsible for administering the confidential intermediary 7 program shall serve as ex-officio, non-voting advisors to the 8 Council. Council members shall serve at the discretion of 9 the Director and shall receive no compensation other than 10 reasonable expenses approved by the Director. The Council 11 shall meet no less than twice yearly, and shall make 12 recommendations to the Director regarding the development of 13 rules, procedures, and forms that will ensure efficient and 14 effective operation of the confidential intermediary process, 15 including: 16 (1) Standards for certification for confidential 17 intermediaries. 18 (2) Oversight of methods used to verify that 19 intermediaries are complying with the appropriate laws. 20 (3) Training for confidential intermediaries, 21 including training with respect to federal and State 22 privacy laws. 23 (4) The relationship between confidential 24 intermediaries and the court system, including the 25 development of sample orders defining the scope of the 26 intermediaries' access to information. 27 (5) Any recent violations of policy or procedures 28 by confidential intermediaries and remedial steps, 29 including decertification, to prevent future violations. 30 (g) Access. Subject to the limitations of subsection 31 (i) of this Section, the confidential intermediary shall have 32 access to vital records maintained by the Department of 33 Public Health and its local designees for the maintenance of 34 vital records and all records of the court or any adoption HB2504 Enrolled -10- LRB093 07707 LCB 07895 b 1 agency, public or private, which relate to the adoption or 2 the identity and location of an adopted person, of an adult 3 child of a deceased adopted person, or of a birth parent, 4 birth sibling, or the sibling of a deceased birth parent. 5 The confidential intermediary shall not have access to any 6 personal health information protected by the Standards for 7 Privacy of Individually Identifiable Health Information 8 adopted by the U.S. Department of Health and Human Services 9 under the Health Insurance Portability and Accountability Act 10 of 1996 unless the confidential intermediary has obtained 11 written consent from the person whose information is being 12 sought or, if that person is a minor child, that person's 13 parent or guardian. Confidential intermediaries shall be 14 authorized to inspect confidential relinquishment and 15 adoption records. The confidential intermediary shall not be 16 authorized to access medical records, financial records, 17 credit records, banking records, home studies, attorney file 18 records, or other personal records. In cases where a birth 19 parent is being sought, an adoption agency shall inform the 20 confidential intermediary of any statement filed pursuant to 21 Section 18.3 indicating a desire of the surrendering birth 22 parent to have identifying information shared or to not have 23 identifying information shared. If there was a clear 24 statement of intent by the sought-after birth parent not to 25 have identifying information shared, the confidential 26 intermediary shall discontinue the search and inform the 27 petitioning party of the sought-after relative's intent. 28 Additional information provided to the confidential 29 intermediary by an adoption agency shall be restricted to the 30 full name, date of birth, place of birth, last known address, 31 and last known telephone number of the sought-after relative 32 or, if applicable, of the children or siblings of the 33 sought-after relative. 34 (h) Adoption agency disclosure of medical HB2504 Enrolled -11- LRB093 07707 LCB 07895 b 1 information. If the petitioner is an adult adopted person or 2 the adoptive parent of a minor and if the petitioner has 3 signed a written authorization to disclose personal medical 4 information, an adoption agency disclosing information to a 5 confidential intermediary shall disclose available medical 6 information about the adopted person from birth through 7 adoption. 8 (i) Duties of confidential intermediary in conducting a 9 search. In conducting a search under this Section, the 10 confidential intermediary shall first confirm that there is 11 no Denial of Information Exchange on file with the Illinois 12 Adoption Registry. If the petitioner is an adult child of an 13 adopted person who is deceased, the confidential intermediary 14 shall additionally confirm that the adopted person did not 15 file a Denial of Information Exchange with the Illinois 16 Adoption Registry during his or her life. If the petitioner 17 is an adult birth sibling of an adopted person or an adult 18 sibling of a birth parent who is deceased, the confidential 19 intermediary shall additionally confirm that the birth parent 20 did not file a Denial of Information Exchange with the 21 Registry during his or her life. If the confidential 22 intermediary learns that a sought-after birth parent signed a 23 statement indicating his or her intent not to have 24 identifying information shared, and did not later file an 25 Information Exchange Authorization with the Adoption 26 Registry, the confidential intermediary shall discontinue the 27 search and inform the petitioning party of the birth parent's 28 intent. 29 In conducting a search under this Section, the 30 confidential intermediary shall attempt to locate the 31 relative or relatives from whom the petitioner has requested 32 information. If the sought-after relative is deceased or 33 cannot be located after a diligent search, the confidential 34 intermediary may contact adult biological relatives of the HB2504 Enrolled -12- LRB093 07707 LCB 07895 b 1 sought-after relative. 2 The confidential intermediary shall contact a 3 sought-after relative on behalf of the petitioner in a manner 4 that respects the sought-after relative's privacy and shall 5 inform the sought-after relative of the petitioner's request 6 for medical information, identifying information or contact 7 as stated in the petition. Based upon the terms of the 8 petitioner's request, the confidential intermediary shall 9 contact a sought-after relative on behalf of the petitioner 10 and inform the sought-after relative of the following 11 options: 12 (1) The sought-after relative may totally reject one or 13 all of the requests for medical information, identifying 14 information or contact. The sought-after relative shall be 15 informed that they can provide a medical questionnaire to be 16 forwarded to the petitioner without releasing any identifying 17 information. The confidential intermediary shall inform the 18 petitioner of the sought-after relative's decision to reject 19 the sharing of information or contact. 20 (2) The sought-after relative may consent to completing 21 a medical questionnaire only. In this case, the confidential 22 intermediary shall provide the questionnaire and ask the 23 sought-after relative to complete it. The confidential 24 intermediary shall forward the completed questionnaire to the 25 petitioner and inform the petitioner of the sought-after 26 relative's desire to not provide any additional information. 27 (3) The sought-after relative may communicate with the 28 petitioner without having his or her identity disclosed. In 29 this case, the confidential intermediary shall arrange the 30 desired communication in a manner that protects the identity 31 of the sought-after relative. The confidential intermediary 32 shall inform the petitioner of the sought-after relative's 33 decision to communicate but not disclose his or her identity. 34 (4) The sought after relative may consent to initiate HB2504 Enrolled -13- LRB093 07707 LCB 07895 b 1 contact with the petitioner. If both the petitioner and the 2 sought-after relative or relatives are eligible to register 3 with the Illinois Adoption Registry, the confidential 4 intermediary shall provide the necessary application forms 5 and request that the sought-after relative register with the 6 Illinois Adoption Registry. If either the petitioner or the 7 sought-after relative or relatives are ineligible to register 8 with the Illinois Adoption Registry, the confidential 9 intermediary shall obtain written consents from both parties 10 that they wish to disclose their identities to each other and 11 to have contact with each other. 12 (j) Oath. The confidential intermediary shall sign an 13 oath of confidentiality substantially as follows: "I, 14 .........., being duly sworn, on oath depose and say: As a 15 condition of appointment as a confidential intermediary, I 16 affirm that: 17 (1) I will not disclose to the petitioner, directly 18 or indirectly, any confidential information except in a 19 manner consistent with the law. 20 (2) I recognize that violation of this oath 21 subjects me to civil liability and to a potential finding 22 of contempt of court. ................................ 23 SUBSCRIBED AND SWORN to before me, a Notary Public, on 24 (insert date) 25 ................................." 26 (k) Sanctions. 27 (1) Any confidential intermediary who improperly 28 discloses confidential information identifying a 29 sought-after relative shall be liable to the sought-after 30 relative for damages and may also be found in contempt of 31 court. 32 (2) Any person who learns a sought-after relative's 33 identity, directly or indirectly, through the use of 34 procedures provided in this Section and who improperly HB2504 Enrolled -14- LRB093 07707 LCB 07895 b 1 discloses information identifying the sought-after 2 relative shall be liable to the sought-after relative for 3 actual damages plus minimum punitive damages of $10,000. 4 (3) The Department shall fine any confidential 5 intermediary who improperly discloses confidential 6 information in violation of item (1) or (2) of this 7 subsection (k) an amount up to $2,000 per improper 8 disclosure. This fine does not affect civil liability 9 under item (2) of this subsection (k). The Department 10 shall deposit all fines and penalties collected under 11 this Section into the Illinois Adoption Registry and 12 Medical Information Fund. 13 (l) Death of person being sought. Notwithstanding any 14 other provision of this Act, if the confidential intermediary 15 discovers that the person being sought has died, he or she 16 shall report this fact to the court, along with a copy of the 17 death certificate. 18 (m) Any confidential information obtained by the 19 confidential intermediary during the course of his or her 20 search shall be kept strictly confidential and shall be used 21 for the purpose of arranging contact between the petitioner 22 and the sought-after birth relative. At the time the case is 23 closed, all identifying information shall be returned to the 24 court for inclusion in the impounded adoption file. 25 (n) If the petitioner is an adopted person 21 years of 26 age or over or the adoptive parent or legal guardian of an 27 adopted person under the age of 21, any non-identifying 28 information, as defined in Section 18.4, that is ascertained 29 during the course of the search may be given in writing to 30 the petitioner before the case is closed. 31 (o) Except as provided in subsection (k) of this 32 Section, no liability shall accrue to the State, any State 33 agency, any judge, any officer or employee of the court, any 34 certified confidential intermediary, or any agency designated HB2504 Enrolled -15- LRB093 07707 LCB 07895 b 1 to oversee confidential intermediary services for acts, 2 omissions, or efforts made in good faith within the scope of 3 this Section. 4(a) General purposes. Notwithstanding any other5provision of this Act, any adopted person over the age of 216or any adoptive parent or legal guardian of an adopted person7under the age of 21 may petition the court for appointment of8a confidential intermediary as provided in this Section for9the purpose of obtaining from one or both birth parents or a10sibling or siblings of the adopted person information11concerning the background of a psychological or12genetically-based medical problem experienced or which may be13expected to be experienced in the future by the adopted14person or obtaining assistance in treating such a problem.15(b) Petition. The court shall appoint a confidential16intermediary for the purposes described in subsection (f) if17the petitioner shows the following:18(1) the adopted person is suffering or may be19expected to suffer in the future from a life-threatening20or substantially incapacitating physical illness of any21nature, or a psychological disturbance which is22substantially incapacitating but not life-threatening, or23a mental illness which, in the opinion of a physician24licensed to practice medicine in all its branches, is or25could be genetically based to a significant degree;26(2) the treatment of the adopted person, in the27opinion of a physician licensed to practice medicine in28all of its branches, would be materially assisted by29information obtainable from the birth parents or might30benefit from the provision of organs or other bodily31tissues, materials, or fluids by the birth parents or32other close biological relatives; and33(3) there is neither an Information Exchange34Authorization nor a Denial of Information Exchange filedHB2504 Enrolled -16- LRB093 07707 LCB 07895 b 1in the Registry as provided in Section 18.1.2The affidavit or testimony of the treating physician3shall be conclusive on the issue of the utility of contact4with the birth parents unless the court finds that the5relationship between the illness to be treated and the6alleged need for contact is totally without foundation.7(c) Fees and expenses. The court shall condition the8appointment of the confidential intermediary on the payment9of the intermediary's fees and expenses in advance, unless10the intermediary waives the right to full advance payment or11to any reimbursement at all.12(d) Eligibility of intermediary. The court may appoint13as confidential intermediary either an employee of the14Illinois Department of Children and Family Services15designated by the Department to serve as such, any other16person certified by the Department as qualified to serve as a17confidential intermediary, or any employee of a licensed18child welfare agency certified by the agency as qualified to19serve as a confidential intermediary.20(e) Access. Notwithstanding any other provision of law,21the confidential intermediary shall have access to all22records of the court or any agency, public or private, which23relate to the adoption or the identity and location of any24birth parent.25(f) Purposes of contact. The confidential intermediary26has only the following powers and duties:27(1) To contact one or both birth parents, inform28the parent or parents of the basic medical problem of the29adopted person and the nature of the information or30assistance sought from the birth parent, and inform the31parent or parents of the following options:32(A) The birth parent may totally reject the33request for assistance or information, or both, and34no disclosure of identity or location shall be madeHB2504 Enrolled -17- LRB093 07707 LCB 07895 b 1to the petitioner.2(B) The birth parent may file an Information3Exchange Authorization as provided in Section 18.1.4The confidential intermediary shall explain to the5birth parent the consequences of such a filing,6including that the birth parent's identity will be7available for discovery by the adopted person. If8the birth parent agrees to this option, the9confidential intermediary shall supply the parent10with the appropriate forms, shall be responsible for11their immediate filing with the Registry, and shall12inform the petitioner of their filing.13(C) If the birth parent wishes to provide the14information or assistance sought but does not wish15his or her identity disclosed, the confidential16intermediary shall arrange for the disclosure of the17information or the provision of assistance in as18confidential a manner as possible so as to protect19the privacy of the birth parent and minimize the20likelihood of disclosure of the birth parent's21identity.22(2) If a birth parent so desires, to arrange for a23confidential communication with the treating physician to24discuss the need for the requested information or25assistance.26(3) If a birth parent agrees to provide the27information or assistance sought but wishes to maintain28his or her privacy, to arrange for the provision of the29information or assistance to the physician in as30confidential a manner as possible so as to protect the31privacy of the birth parent and minimize the likelihood32of disclosure of the birth parent's identity.33(g) Oath. The confidential intermediary shall sign an34oath of confidentiality substantially as follows:HB2504 Enrolled -18- LRB093 07707 LCB 07895 b 1"I, .........., being duly sworn, on oath depose and2say: As a condition of appointment as a confidential3intermediary, I affirm that:4(1) I will not disclose to the petitioner, directly5or indirectly, any information about the identity or6location of the birth parent whose assistance is being7sought for medical reasons except in a manner consistent8with the law.9(2) I recognize that violation of this oath10subjects me to civil liability and to being found in11contempt of court.12................................13SUBSCRIBED AND SWORN to before me, a Notary Public,14on (insert date).15................................"16(h) Sanctions.17(1) Any confidential intermediary who improperly18discloses information identifying a birth parent shall be19liable to the birth parent for damages and may also be20found in contempt of court.21(2) Any person who learns a birth parent's22identity, directly or indirectly, through the use of23procedures provided in this Section and who improperly24discloses information identifying the birth parent shall25be liable to the birth parent for actual damages plus26minimum punitive damages of $10,000.27(i) Death of birth parent. Notwithstanding any other28provision of this Act, if the confidential intermediary29discovers that the person whose assistance is sought has30died, he or she shall report this fact to the court, along31with a copy of the death certificate.32 (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.) 33 (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4) HB2504 Enrolled -19- LRB093 07707 LCB 07895 b 1 Sec. 18.4. (a) The agency, Department of Children and 2 Family Services, Court Supportive Services, Juvenile Division 3 of the Circuit Court, or the Probation Officers of the 4 Circuit Court involved in the adoption proceedings shall give 5 in writing the following non-identifying information, if 6 known, to the adoptive parents not later than the date of 7 placement with the petitioning adoptive parents: (i) age of 8 biological parents; (ii) their race, religion and ethnic 9 background; (iii) general physical appearance of biological 10 parents; (iv) their education, occupation, hobbies, interests 11 and talents; (v) existence of any other children born to the 12 biological parents; (vi) information about biological 13 grandparents; reason for emigrating into the United States, 14 if applicable, and country of origin; (vii) relationship 15 between biological parents;and(viii) detailed medical and 16 mental health histories of the child, the biological parents, 17 and their immediate relatives; and (ix) the actual date and 18 place of birth of the adopted person. However, no 19 information provided under this subsection shall disclose the 20 name or last known address of the biological parents, 21 grandparents, the siblings of the biological parents, the 22 adopted person, or any other relative of the adopted person. 23 (b) Any adoptee 18 years of age or over shall be given 24 the information in subsection (a) upon request. 25 (c) The Illinois Adoption Registry shall release any 26 non-identifying information listed in (a) of this Section 27 that appears on the certified copy of the original birth 28 certificate or the Certificate of Adoption to an adopted 29 person, adoptive parent, or legal guardian who is a 30 registrant of the Illinois Adoption Registry. 31 (d) The Illinois Adoption Registry shall release the 32 actual date and place of birth of an adopted person who is 21 33 years of age or over to the birth parent if the birth parent 34 is a registrant of the Illinois Adoption Registry and has HB2504 Enrolled -20- LRB093 07707 LCB 07895 b 1 completed a Medical Information Exchange Authorization. 2 (e) The Illinois Adoption Registry shall release 3 information regarding the date the adoption was finalized and 4 the county in which the adoption was finalized to a certified 5 confidential intermediary upon submission of a court order. 6 (f) In cases where the Illinois Adoption Registry 7 possesses information indicating that an adopted person who 8 is 21 years of age or over was adopted in a state other than 9 Illinois or a country other than the United States, the 10 Illinois Adoption Registry shall release the name of the 11 state or country where the adoption was finalized and, if 12 available, the agency involved in the adoption to a 13 registrant of the Illinois Adoption Registry, provided the 14 registrant is not the subject of a Denial of Information 15 Exchange and the registrant has completed a Medical 16 Information Exchange Authorization. 17 (g)(c)Any of the above available information for any 18 adoption proceedings completed before the effective date of 19 this Act shall be supplied to the adoptive parents or an 20 adoptee 18 years of age or over upon request. 21 (h)(d)The agency, Department of Children and Family 22 Services, Court Supportive Services, Juvenile Division of the 23 Circuit Court, the Probation Officers of the Circuit Court 24 and any other governmental bodies having any of the above 25 information shall retain the file until the adoptee would 26 have reached the age of 99 years. 27 (Source: P.A. 87-617.)