093_SB0180re-enr

 
SB180 Re-enrolled                    LRB093 02045 LCB 04904 b

 1        AN ACT concerning records.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Vital Records Act is amended by changing
 5    Section 16.1 as follows:

 6        (410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)
 7        Sec.  16.1.   When  it  appears  from  a  certificate  of
 8    adoption transmitted to the State Registrar of Vital Records,
 9    pursuant to the provisions of Section 16 of  this  Act,  that
10    the  child  was  born  outside  of  the  United States or its
11    Territories, then, upon submission to the State Registrar  of
12    Vital  Records  of  evidence as to the child's birth date and
13    birthplace provided by the original birth certificate, or  by
14    a certified copy, extract, or translation thereof or by other
15    document  essentially  equivalent thereto (the records of the
16    U.S. Immigration and Naturalization Service or  of  the  U.S.
17    Department  of  State to be considered essentially equivalent
18    thereto), the State Registrar of Vital Records shall make and
19    file a Record of Foreign Birth.  The State Registrar of Vital
20    Records may make and file a Record of  Foreign  Birth  for  a
21    person born in a foreign country who has been granted an IR-3
22    visa by the U.S. Immigration and Naturalization Service under
23    the Immigration and Nationality Act and who was adopted under
24    the  laws  of a jurisdiction or country other than the United
25    States by an adopting parent who is a resident of this  State
26    upon  the  submission to the State Registrar of Vital Records
27    of: (1) evidence as to the child's birth date and  birthplace
28    (including  the  country  of birth and if available, the city
29    and  province  of  birth)  provided  by  the  original  birth
30    certificate, or by a certified copy, extract, or  translation
31    thereof  or  by other document essentially equivalent thereto
 
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 1    (the records  of  the  U.S.  Immigration  and  Naturalization
 2    Service  or  of the U.S. Department of State to be considered
 3    essentially  equivalent  thereto);  (2)  a  certified   copy,
 4    extract,  or translation of the adoption decree   or by other
 5    document essentially equivalent thereto (the records  of  the
 6    U.S.  Immigration  and  Naturalization Service or of the U.S.
 7    Department of State to be considered  essentially  equivalent
 8    thereto);  (3)  a copy of the IR-3 visa; and (4) the name and
 9    address of the adoption agency  that  handled  the  adoption.
10    The  Record  of  Foreign Birth shall include the actual place
11    and date of birth, the child's name and parentage as  ordered
12    in the judgment of adoption and any other necessary facts.
13        Upon  the  specific written request by the person to whom
14    the Record of Foreign Birth relates or by his  or  her  legal
15    representative,  or  by  an agency of local, state or federal
16    government, or  upon  the  order  of  a  court  of  competent
17    jurisdiction  and  upon  payment  of  a  fee  of  $5  by  the
18    applicant,  the  State Registrar of Vital Records shall issue
19    to such applicant one certification or a  certified  copy  of
20    the specified Record of Foreign Birth.
21        Upon  receipt  of  a  certified  copy of a court order of
22    annulment of adoption or a court order vacating a judgment of
23    adoption of an adopted person for whom a  Record  of  Foreign
24    Birth  has  been  made and filed under the provisions of this
25    Section the State Registrar of Vital  Records  shall  nullify
26    and void such Record of Foreign Birth by entering on its face
27    the statement "This Record is declared null and void upon the
28    basis of a court judgment annulling or vacating this adoption
29    upon  which  this Record is based" and a notation identifying
30    the court judgment.
31        The provisions of this Section shall also  be  applicable
32    to,  and shall inure to the benefit of all persons for whom a
33    judgment of adoption has been entered  in  a  court  in  this
34    State  prior to August 26, 1963.  In such cases the applicant
 
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 1    shall furnish the State Registrar of  Vital  Records  with  a
 2    certified   copy  of  the  adoption  judgment  together  with
 3    affidavits as to  the  personal  particulars  of  the  foster
 4    parents  in  lieu of the certificate of adoption specified in
 5    Section 16 of this Act.  In  every  case  wherein  the  State
 6    Registrar of Vital Records has previously been furnished with
 7    a  certificate  of  adoption  involving  a foreign born child
 8    adopted  in  Illinois,  a  certified  copy  of  the  adoption
 9    judgment and  affidavits  of  personal  particulars  are  not
10    necessary,  but  the  State  Registrar of Vital Records shall
11    make and file a Record of Foreign Birth in  the  same  manner
12    and  fashion  as  if  the  certificate  of  adoption has been
13    furnished him after August 26, 1963.
14    (Source: P.A. 83-345.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.