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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4435
Introduced 01/09/06, by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
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Amends the Gestational Surrogacy Act. Allows the gestational surrogate to request the impounding of the court file and records of the Department of Public Health concerning the surrogacy contract, medical evaluations, mental evaluations, and any other record concerning the gestational surrogacy. Provides that certified copies of all papers and documents contained in any file of the court or the Department of Public Health so impounded shall be made only on order of the court. Permits the intended parent, the attorney of record for the intended parent, the gestational surrogate, or the attorney of record for the gestational surrogate to inspect the impounded file only with leave of court. Provides that the intended parent, the attorney of record for the intended parent, the gestational surrogate, and the attorney of record for the gestational surrogate shall be entitled to receive certified copies of the court documents or Department of Public Health file concerning the proceeding for gestational surrogacy at any time within 30 days after the request for the records to be impounded without order of court. Provides that after 30 days from the request for the records to be impounded, no copies may be obtained without prior order of court, but good cause is not necessary to be shown by one of the parties to the surrogacy contract. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4435 |
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LRB094 15286 LCT 50477 b |
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| AN ACT concerning families.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Gestational Surrogacy Act is amended by |
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| adding Section 27 as follows:
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| (750 ILCS 47/27 new) |
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| Sec. 27. Sealing records. Upon the request of the |
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| gestational surrogate, all records concerning the surrogacy |
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| contract, medical evaluations, mental evaluations, or any |
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| other record concerning the gestational surrogacy maintained |
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| by the Department of Public Health shall be impounded and shall |
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| be opened for examination only upon specific order by the |
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| court. Upon the request of the gestational surrogate, all |
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| records concerning the surrogacy contract, medical |
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| evaluations, mental evaluations, or any other record |
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| concerning the gestational surrogacy maintained by each |
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| circuit clerk shall be impounded in accordance with the |
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| procedures provided by the Illinois Supreme Court's General |
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| Administrative Order on Recordkeeping and shall be opened for |
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| examination only upon specific order of the court, which order |
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| shall name the person or persons who are to be permitted to |
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| examine the file. Certified copies of all papers and documents |
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| contained in any file of the court or the Department of Public |
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| Health so impounded shall be made only on order of the court. |
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| The intended parent, the attorney of record for the intended |
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| parent, the gestational surrogate, or the attorney of record |
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| for the gestational surrogate may inspect the impounded file |
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| only with leave of court. The intended parent, the attorney of |
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| record for the intended parent, the gestational surrogate, and |
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| the attorney of record for the gestational surrogate shall be |
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| entitled to receive certified copies of the court documents or |
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| Department of Public Health file concerning the proceeding for |