Adoption Reform Committee
Adopted in House Comm. on Mar 13, 2008
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1 | AMENDMENT TO HOUSE BILL 4623
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2 | AMENDMENT NO. ______. Amend House Bill 4623 by deleting | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Adoption Act is amended by changing | ||||||
5 | Sections 18.04, 18.05, 18.06, 18.07, 18.1, 18.1a, 18.1b, 18.2, | ||||||
6 | 18.3, 18.3a, 18.5, and 18.6 as follows:
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7 | (750 ILCS 50/18.04)
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8 | Sec. 18.04. Original Birth Certificate Access The Illinois | ||||||
9 | Adoption Registry and Medical Information
Exchange ; | ||||||
10 | legislative intent. The General Assembly recognizes that it is | ||||||
11 | the basic right of all persons to access their birth records, | ||||||
12 | and, to this end, supports public policy that allows an adult | ||||||
13 | adoptee to access his or her original birth certificate. The | ||||||
14 | General Assembly further recognizes that there are | ||||||
15 | circumstances under which a birth parent may have compelling | ||||||
16 | reasons for wishing to remain anonymous to a child he or she |
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1 | surrendered for adoption. In an effort to balance these | ||||||
2 | interests, the General Assembly supports public policy that | ||||||
3 | releases a non-certified copy of the original birth certificate | ||||||
4 | to an adult adopted person upon request unless a specific | ||||||
5 | request for anonymity has been filed with the Registry by a | ||||||
6 | birth parent named on the original birth certificate the | ||||||
7 | importance
of creating a procedure by which mutually consenting | ||||||
8 | adult members of birth
and adoptive
families, and adult adopted | ||||||
9 | or
surrendered persons may voluntarily exchange vital medical | ||||||
10 | information
throughout the life of the adopted or surrendered | ||||||
11 | person. The General Assembly
supports public policy that | ||||||
12 | requires explicit mutual consent prior to the
release of | ||||||
13 | confidential information. The General Assembly
further | ||||||
14 | recognizes that it is in the best interest of adopted and | ||||||
15 | surrendered
persons that birth family medical histories and the | ||||||
16 | preferences regarding
contact of all parties to an adoption be | ||||||
17 | compiled, preserved and provided
to mutually consenting | ||||||
18 | members of birth and adoptive families .
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19 | (Source: P.A. 94-173, eff. 1-1-06.)
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20 | (750 ILCS 50/18.05)
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21 | Sec. 18.05. The Illinois Adoption Registry and Medical | ||||||
22 | Information
Exchange. | ||||||
23 | (a) General function. Subject to appropriation, the | ||||||
24 | Department of Public
Health shall administer the Illinois | ||||||
25 | Adoption Registry and
Medical Information Exchange in the |
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1 | manner outlined in subsections
(b) and (c) for the purpose of | ||||||
2 | facilitating the voluntary exchange of identifying and
medical | ||||||
3 | information between mutually consenting members of birth and | ||||||
4 | adoptive families.
The Department shall establish rules for the | ||||||
5 | confidential operation of the
Illinois Adoption
Registry. The | ||||||
6 | Department shall conduct a public
information campaign through | ||||||
7 | public service announcements
and other forms of media coverage | ||||||
8 | and, until December 31, 2010, through
notices enclosed with | ||||||
9 | driver's
license renewal applications, shall inform
the public | ||||||
10 | of
the Illinois Adoption Registry and Medical Information | ||||||
11 | Exchange. From October 1, 2008, to April 1, 2009, such | ||||||
12 | information campaign shall expressly inform the public of the | ||||||
13 | circumstances under which an adult adopted or surrendered | ||||||
14 | person may receive a non-certified copy of his or her original | ||||||
15 | birth certificate and any procedures pursuant to which a birth | ||||||
16 | parent may file a Birth Parent Preference Form to express his | ||||||
17 | or her preferences with respect to contact and the release of | ||||||
18 | identifying information that appears on the original birth | ||||||
19 | certificate. The Illinois
Adoption
Registry shall also
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20 | maintain an informational Internet site where interested | ||||||
21 | parties may access
information about the Illinois Adoption | ||||||
22 | Registry and Medical Information
Exchange and download all | ||||||
23 | necessary application forms. The Illinois Adoption
Registry
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24 | shall maintain statistical records regarding Registry | ||||||
25 | participation and publish
and circulate to the public
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26 | informational material
about the function and operation of the |
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1 | Registry.
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2 | (b) Establishment of the Adoption/Surrender Records File. | ||||||
3 | When a person has
voluntarily registered with
the Illinois | ||||||
4 | Adoption Registry and completed an Illinois Adoption Registry
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5 | Application or a Registration Identification Form, the | ||||||
6 | Registry shall establish
a
new Adoption/Surrender Records | ||||||
7 | File. Such file may concern
an adoption that was finalized by a | ||||||
8 | court action in the State of Illinois, an
adoption of a person | ||||||
9 | born in Illinois finalized
by a court action in a state other | ||||||
10 | than Illinois or in a foreign country, a
surrender taken in the | ||||||
11 | State of Illinois, or an adoption filed according to Section | ||||||
12 | 16.1 of the Vital Records Act under a Record of Foreign Birth | ||||||
13 | that was not finalized by a court action in the State of | ||||||
14 | Illinois. Such file may be established for
adoptions or | ||||||
15 | surrenders finalized prior to as well as after the effective | ||||||
16 | date
of this amendatory Act. A file may be created in
any | ||||||
17 | manner to preserve documents including but not limited to | ||||||
18 | microfilm,
optical imaging, or electronic documents.
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19 | (c) Contents of the Adoption/Surrender Records File. An | ||||||
20 | established
Adoption/Surrender
Records File shall be limited | ||||||
21 | to the following items, to the extent that they
are
available:
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22 | (1) The General Information Section and Medical | ||||||
23 | Information Exchange
Questionnaire of any Illinois | ||||||
24 | Adoption Registry Application or a Registration
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25 | Identification
Form which
has been voluntarily completed | ||||||
26 | by any registered party.
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1 | (2) Any photographs
voluntarily provided
by any | ||||||
2 | registrant for any other registered party at the
time of | ||||||
3 | registration or any time thereafter.
All such photographs | ||||||
4 | shall be submitted in an unsealed
envelope no larger than 8 | ||||||
5 | 1/2" x 11", and shall not include identifying
information | ||||||
6 | pertaining to any person other than the registrant
who | ||||||
7 | submitted them.
Any such identifying information shall be | ||||||
8 | redacted by the Department or the
information shall be | ||||||
9 | returned for removal of identifying information.
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10 | (3) Any Information Exchange Authorization , or Denial | ||||||
11 | of Information
Exchange , or Birth Parent Preference Form
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12 | which has been filed by a registrant.
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13 | (4) For all adoptions finalized after January 1, 2000, | ||||||
14 | copies of the
original certificate of live birth and the | ||||||
15 | certificate
of adoption.
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16 | (5) Any updated address submitted by any registered | ||||||
17 | party about himself or
herself.
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18 | (6) Any proof of death that which has been submitted by | ||||||
19 | a registrant.
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20 | (7) Any birth certificate that has been submitted by a | ||||||
21 | registrant.
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22 | (8) Any marriage certificate that has been submitted by | ||||||
23 | a registrant.
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24 | (9) Any proof of guardianship that has been submitted | ||||||
25 | by a registrant.
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26 | (10) Any Request for a Non-Certified Copy of an |
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1 | Original Birth Certificate that has been filed with the | ||||||
2 | Registry by an adult adopted or surrendered person or by a | ||||||
3 | surviving adult child or surviving spouse of a deceased | ||||||
4 | adopted or surrendered person who has registered with the | ||||||
5 | Registry. | ||||||
6 | (d) An established Adoption/Surrender Records File for an | ||||||
7 | adoption filed in Illinois under a Record of Foreign Birth that | ||||||
8 | was not finalized in a court action in the State of Illinois | ||||||
9 | shall be limited to the following items submitted to the State | ||||||
10 | Registrar of Vital Records under Section 16.1 of the Vital | ||||||
11 | Records Act, to the extent that they are available: | ||||||
12 | (1) Evidence as to the child's birth date and | ||||||
13 | birthplace (including the country of birth and, if | ||||||
14 | available, the city and province of birth) provided by the | ||||||
15 | original birth certificate, or by a certified copy, | ||||||
16 | extract, or translation thereof or by other document | ||||||
17 | essentially equivalent thereto (the records of the U.S. | ||||||
18 | Immigration and Naturalization Service or of the U.S. | ||||||
19 | Department of State to be considered essentially | ||||||
20 | equivalent thereto). | ||||||
21 | (2) A certified copy, extract, or translation of the | ||||||
22 | adoption decree or other document essentially equivalent | ||||||
23 | thereto (the records of the U.S. Immigration and | ||||||
24 | Naturalization Service or of the U.S. Department of State | ||||||
25 | to be considered essentially equivalent thereto). | ||||||
26 | (3) A copy of the IR-3 visa. |
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1 | (4) The name and address of the adoption agency that | ||||||
2 | handled the adoption.
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3 | (Source: P.A. 94-173, eff. 1-1-06; 94-430, eff. 8-2-05; 95-331, | ||||||
4 | eff. 8-21-07.)
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5 | (750 ILCS 50/18.06)
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6 | Sec. 18.06. Definitions. When used in Sections
18.05 | ||||||
7 | through Section 18.6, for the purposes of the Registry:
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8 | "Adopted person" means a person who was adopted
pursuant to | ||||||
9 | the laws in effect at the time of the adoption.
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10 | "Adoptive parent" means a person who has become a parent | ||||||
11 | through the legal
process of adoption.
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12 | "Adult child" means the biological child 21 years of age or | ||||||
13 | over of a deceased adopted or surrendered person.
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14 | "Adult Adopted or Surrendered Person" means an adopted or | ||||||
15 | surrendered person 21 years of age or over. | ||||||
16 | "Agency" means a public child welfare agency or a licensed | ||||||
17 | child welfare
agency.
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18 | "Birth aunt" means the adult full or half sister of a | ||||||
19 | deceased birth parent.
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20 | "Birth father" means the biological father of an adopted or | ||||||
21 | surrendered
person who is named on the original certificate of | ||||||
22 | live birth or on a consent
or surrender document, or a | ||||||
23 | biological father whose paternity has been
established by a | ||||||
24 | judgment or order of the court, pursuant to the Illinois
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25 | Parentage Act of 1984.
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1 | "Birth mother" means the biological mother of an adopted or | ||||||
2 | surrendered
person.
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3 | "Birth parent" means a birth mother or birth father of an | ||||||
4 | adopted or
surrendered person.
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5 | "Birth Parent Preference Form" means the form prepared by | ||||||
6 | the Department of Public Health pursuant to Section 18.2 | ||||||
7 | completed by a birth parent registrant and filed with the | ||||||
8 | Registry that indicates the birth parent's preferences | ||||||
9 | regarding contact and the release of his or her identifying | ||||||
10 | information on the non-certified copy of the original birth | ||||||
11 | certificate released to an adult adopted or surrendered person | ||||||
12 | or to the surviving adult child or surviving spouse of a | ||||||
13 | deceased adopted or surrendered person who has filed a Request | ||||||
14 | for a Non-Certified Copy of an Original Birth Certificate. | ||||||
15 | "Birth relative" means a birth mother, birth father, birth | ||||||
16 | sibling, birth aunt, or birth uncle.
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17 | "Birth sibling" means the adult full or half sibling
of an | ||||||
18 | adopted or
surrendered person.
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19 | "Birth uncle" means the adult full or half brother of a | ||||||
20 | deceased birth parent.
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21 | "Confidential Intermediary" means an individual certified | ||||||
22 | by the Department of Children and Family Services pursuant to | ||||||
23 | Sec. 18.3a(e). | ||||||
24 | "Denial of Information Exchange" means an affidavit | ||||||
25 | completed by a
registrant with the Illinois Adoption Registry | ||||||
26 | and Medical Information Exchange
denying the release of |
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1 | identifying information which has been filed with the Registry .
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2 | "Information Exchange Authorization" means
an affidavit | ||||||
3 | completed by a registrant with the Illinois Adoption Registry | ||||||
4 | and
Medical Information Exchange authorizing the release of | ||||||
5 | identifying
information which has been filed with the Registry .
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6 | "Medical Information Exchange Questionnaire" means the | ||||||
7 | medical
history
questionnaire completed by a registrant of the | ||||||
8 | Illinois Adoption Registry and
Medical Information Exchange.
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9 | "Non-certified Copy of the Original Birth Certificate" | ||||||
10 | means a non-certified copy of the original certificate of live | ||||||
11 | birth of an adult adopted or surrendered person who was born in | ||||||
12 | Illinois. | ||||||
13 | "Proof of death" means a death certificate.
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14 | "Registrant" or "Registered Party" means a birth parent, | ||||||
15 | birth sibling,
birth aunt, birth uncle, adopted or surrendered | ||||||
16 | person 21 years of age or over, adoptive parent or legal
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17 | guardian of an adopted or surrendered person under the age of | ||||||
18 | 21, or adoptive parent, surviving spouse, or adult child of a | ||||||
19 | deceased adopted or surrendered person who has filed
an | ||||||
20 | Illinois Adoption Registry Application or Registration | ||||||
21 | Identification Form
with the Registry.
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22 | "Registry" means the Illinois Adoption Registry and | ||||||
23 | Medical Information Exchange. | ||||||
24 | "Request for a Non-Certified Copy of an Original Birth | ||||||
25 | Certificate" means an affidavit completed by an adult adopted | ||||||
26 | or surrendered person or by the surviving adult child or |
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1 | surviving spouse of a deceased adopted or surrendered person | ||||||
2 | and filed with the Registry requesting a non-certified copy of | ||||||
3 | an adult adopted or surrendered person's original certificate | ||||||
4 | of live birth in Illinois. | ||||||
5 | "Surrendered person" means a person whose parents' rights | ||||||
6 | have been
surrendered or terminated but who has not been | ||||||
7 | adopted.
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8 | "Surviving spouse" means the wife or husband of a deceased | ||||||
9 | adopted or surrendered person who has one or more biological | ||||||
10 | children under the age of 21.
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11 | "18.3 Statement" means a statement regarding the | ||||||
12 | disclosure of identifying information signed by a birth parent | ||||||
13 | under former Section 18.3 of the Adoption Act prior to the | ||||||
14 | enactment of this Section. | ||||||
15 | (Source: P.A. 94-173, eff. 1-1-06.)
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16 | (750 ILCS 50/18.07)
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17 | Sec. 18.07. Adoption Registry Advisory Council. There is | ||||||
18 | established an
Adoption Registry Advisory Council. The Council | ||||||
19 | shall meet twice yearly, and at least once yearly jointly with | ||||||
20 | the Confidential Intermediary Advisory Council. The Council | ||||||
21 | shall be chaired by the
Director of the Department of Public | ||||||
22 | Health or his designee. The Council shall
include the Director | ||||||
23 | of the Department of Children and Family Services or his
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24 | designee. The Council shall also include one representative | ||||||
25 | from each of the
following organizations:
Adoption Advocates of |
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1 | Illinois, Adoptive Families Today, American Adoption
Congress, | ||||||
2 | Catholic Conference of Illinois, Chicago Area Families for | ||||||
3 | Adoption,
Chicago Bar Association, Child Care Association of | ||||||
4 | Illinois, Children
Remembered, Inc., Children's Home and Aid | ||||||
5 | Society of Illinois, Child Welfare
Advisory Council, The | ||||||
6 | Cradle, Healing Hearts, Illinois Foster Parents
Association, | ||||||
7 | Illinois State Bar Association, Illinois State Medical | ||||||
8 | Society,
Jewish Children's Bureau, Kids Help Foundation, LDS | ||||||
9 | Social Services, Lutheran
Social Services of Illinois, | ||||||
10 | Maryville Academy, Midwest Adoption Center, St.
Mary's | ||||||
11 | Services, Stars of David, and Truthseekers in Adoption.
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12 | If any one of the above named organizations notifies the | ||||||
13 | Director of the
Department of Public Health in writing that the | ||||||
14 | organization does not wish to
participate on the Advisory | ||||||
15 | Council or that the organization is no longer
functioning, the | ||||||
16 | Director shall appoint another organization that represents
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17 | the same constituency as the named organization to replace the | ||||||
18 | named
organization on the Council.
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19 | The Council's responsibilities shall include the
following:
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20 | 1) Advising the Department on the development of rules, | ||||||
21 | procedures, and
forms
utilized by the
Illinois Adoption | ||||||
22 | Registry and Medical Information Exchange;
| ||||||
23 | 2) Making recommendations regarding the procedures, | ||||||
24 | tools and technology
that
will ensure efficient and | ||||||
25 | effective operation of the Registry;
| ||||||
26 | 3) Submitting a report to the Governor and the General |
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1 | Assembly no later
than
January 1, 2001, on the status of | ||||||
2 | the Registry, an evaluation of the
effectiveness of the | ||||||
3 | Registry, and pertinent statistics regarding the Registry;
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4 | 3) 4) Assisting the Department with the development, | ||||||
5 | publication, and
circulation
of an informational pamphlet | ||||||
6 | that describes the purpose, function, and
mechanics of the | ||||||
7 | Illinois Adoption Registry and Medical Information | ||||||
8 | Exchange,
including information about who is eligible to | ||||||
9 | register and how to register;
information about the | ||||||
10 | questions and concerns that registrants may
develop when | ||||||
11 | they register or when they receive information from the | ||||||
12 | Registry;
and a list of services, programs, groups, and | ||||||
13 | informational websites
that are available to assist | ||||||
14 | registrants with their questions and concerns.
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15 | 4) Collecting statistical data and empirical | ||||||
16 | information concerning the procedures in the Registry | ||||||
17 | including, but not limited to, data concerning the filing | ||||||
18 | of Denials of Information Exchange, Information Exchange | ||||||
19 | Authorizations, Requests for a Non-Certified Copy of an | ||||||
20 | Original Birth Certificate and Birth Parent Preference | ||||||
21 | Forms. | ||||||
22 | (Source: P.A. 91-417, eff. 1-1-00.)
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23 | (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
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24 | Sec. 18.1. Disclosure of identifying information.
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25 | (a) The Department of Public Health shall establish and |
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1 | maintain a
Registry for the purpose of allowing providing | ||||||
2 | identifying information to mutually
consenting members of | ||||||
3 | birth and adoptive families to exchange identifying and medical | ||||||
4 | information . Identifying information for
the purpose of this | ||||||
5 | Act shall mean any one or more of the following:
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6 | (1) The name and last known address of the consenting | ||||||
7 | person or persons.
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8 | (2) A copy of the Illinois Adoption Registry | ||||||
9 | Application of the
consenting person or persons.
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10 | (3) A non-certified copy of the original birth | ||||||
11 | certificate of live birth of an adult the adopted
or | ||||||
12 | surrendered person.
| ||||||
13 | (b) Written authorization from all parties identified must | ||||||
14 | be received prior
to disclosure of any identifying information , | ||||||
15 | with the exception of non-certified copies of original birth | ||||||
16 | certificates released to adult adopted or surrendered persons | ||||||
17 | or to surviving adult children and surviving spouses of | ||||||
18 | deceased adopted or surrendered persons pursuant to the | ||||||
19 | procedures outlined in Section 18.1b(e) .
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20 | (c) (b) At any time after a child is surrendered for | ||||||
21 | adoption, or at any
time during the adoption proceedings or at | ||||||
22 | any time thereafter, either
birth parent or both of them may | ||||||
23 | file with the Registry a Birth
Parent Registration | ||||||
24 | Identification Form and an Information Exchange
Authorization | ||||||
25 | or a Denial of Information Exchange.
| ||||||
26 | (d) (b-5) A birth sibling 21 years of age or over who was |
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1 | not surrendered for
adoption and who has submitted a copy of | ||||||
2 | his or her birth certificate as well as proof of death for a | ||||||
3 | deceased birth parent
and such birth parent did not file a | ||||||
4 | Denial of Information Exchange with the
Registry prior to his | ||||||
5 | or her death may file a Registration Identification Form
and an | ||||||
6 | Information Exchange Authorization or a Denial of Information | ||||||
7 | Exchange.
| ||||||
8 | (e) (b-7) A birth aunt or birth uncle who has submitted | ||||||
9 | birth certificates for himself or herself and for a deceased | ||||||
10 | birth parent naming at least one common biological parent as | ||||||
11 | well as proof of death for the deceased birth parent and such | ||||||
12 | birth parent did not file a Denial of Information Exchange with | ||||||
13 | the Registry prior to his or her death may file a Registration | ||||||
14 | Identification Form and an Information Exchange Authorization | ||||||
15 | or a Denial of Information Exchange.
| ||||||
16 | (f) (c) Any adopted person 21 years of age or over, any | ||||||
17 | surrendered person
21 years of age or over, or any adoptive | ||||||
18 | parent or legal guardian of an
adopted or surrendered person | ||||||
19 | under the age of 21 may file with the Registry
a Registration | ||||||
20 | Identification Form and an Information Exchange Authorization
| ||||||
21 | or a Denial of Information Exchange.
| ||||||
22 | (g) (c-3) Any adult child 21 years of age or over of a | ||||||
23 | deceased adopted or surrendered person who has submitted a copy | ||||||
24 | of his or her birth certificate naming an adopted or | ||||||
25 | surrendered person as his or her biological parent as well as | ||||||
26 | proof of death for the deceased adopted or surrendered person |
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| |||||||
1 | and such adopted or surrendered person did not file a Denial of | ||||||
2 | Information Exchange with the Registry prior to his or her | ||||||
3 | death may file a Registration Identification Form and an | ||||||
4 | Information Exchange Authorization or a Denial of Information | ||||||
5 | Exchange.
| ||||||
6 | (h) (c-5) Any surviving spouse of a deceased adopted or | ||||||
7 | surrendered person 21 years of age or over who has submitted | ||||||
8 | proof of death for the deceased adopted or surrendered person | ||||||
9 | and such adopted or surrendered person did not file a Denial of | ||||||
10 | Information Exchange with the Registry prior to his or her | ||||||
11 | death as well as a birth certificate naming themselves and the | ||||||
12 | adopted or surrendered person as the parents of a minor child | ||||||
13 | under the age of 21 may file a Registration Identification Form | ||||||
14 | and an Information Exchange Authorization or a Denial of | ||||||
15 | Information Exchange.
| ||||||
16 | (i) (c-7) Any adoptive parent or legal guardian of a | ||||||
17 | deceased adopted or surrendered person 21 years of age or over | ||||||
18 | who has submitted proof of death as well as proof of parentage | ||||||
19 | or guardianship for the deceased adopted or surrendered person | ||||||
20 | and such adopted or surrendered person did not file a Denial of | ||||||
21 | Information Exchange with the Registry prior to his or her | ||||||
22 | death may file a Registration Identification Form and an | ||||||
23 | Information Exchange Authorization or a Denial of Information | ||||||
24 | Exchange.
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25 | (j) (d) The Department of Public Health shall supply to the | ||||||
26 | adopted or
surrendered person or his or her adoptive parents, |
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| |||||||
1 | legal guardians, adult children or surviving spouse, and
to the | ||||||
2 | birth parents identifying information only if both the adopted | ||||||
3 | or
surrendered person, or one of his or her adoptive parents, | ||||||
4 | legal guardians, adult children or his or her surviving spouse, | ||||||
5 | and
the birth parents have filed with the Registry an | ||||||
6 | Information Exchange
Authorization and the information at the | ||||||
7 | Registry indicates that the
consenting adopted or surrendered | ||||||
8 | person, the child of the consenting
adoptive parents or legal | ||||||
9 | guardians, the parent of the consenting adult child of the | ||||||
10 | adopted or surrendered person, or the deceased wife or husband | ||||||
11 | of the consenting surviving spouse
is the child of the | ||||||
12 | consenting birth
parents , except identifying information that | ||||||
13 | appears on a non-certified copy of an original birth | ||||||
14 | certificate may be provided to an adult adopted or surrendered | ||||||
15 | person or to the surviving adult child or surviving spouse of a | ||||||
16 | deceased adopted or surrendered person pursuant to the | ||||||
17 | procedures outlined in Section 18.1b(e) of this Act .
| ||||||
18 | The Department of Public Health shall supply to adopted or | ||||||
19 | surrendered
persons who are birth siblings identifying | ||||||
20 | information only if both siblings
have filed with the Registry | ||||||
21 | an Information Exchange Authorization and the
information at | ||||||
22 | the Registry indicates that the consenting siblings have one
or | ||||||
23 | both birth parents in common. Identifying information shall be | ||||||
24 | supplied to
consenting birth siblings who were adopted or | ||||||
25 | surrendered if any such sibling
is 21 years of age or over. | ||||||
26 | Identifying information shall be supplied to
consenting birth |
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| |||||||
1 | siblings who were not adopted or surrendered if any such
| ||||||
2 | sibling is 21 years of age or over and has proof of death of the | ||||||
3 | common birth
parent and such birth parent did not file a Denial | ||||||
4 | of Information Exchange
with the Registry prior to his or her | ||||||
5 | death.
| ||||||
6 | (k) (d-3) The Department of Public Health shall supply to | ||||||
7 | the adopted or surrendered person or his or her adoptive | ||||||
8 | parents, legal guardians, adult children or surviving spouse, | ||||||
9 | and to a birth aunt identifying information only if both the | ||||||
10 | adopted or surrendered person or one of his or her adoptive | ||||||
11 | parents, legal guardians, adult children or his or her | ||||||
12 | surviving spouse, and the birth aunt have filed with the | ||||||
13 | Registry an Information Exchange Authorization and the | ||||||
14 | information at the Registry indicates that the consenting | ||||||
15 | adopted or surrendered person, or the child of the consenting | ||||||
16 | adoptive parents or legal guardians, or the parent of the | ||||||
17 | consenting adult child, or the deceased wife or husband of the | ||||||
18 | consenting surviving spouse of the adopted or surrendered | ||||||
19 | person is or was the child of the brother or sister of the | ||||||
20 | consenting birth aunt.
| ||||||
21 | (l) (d-5) The Department of Public Health shall supply to | ||||||
22 | the adopted or surrendered person or his or her adoptive | ||||||
23 | parents, legal guardians, adult children or surviving spouse, | ||||||
24 | and to a birth uncle identifying information only if both the | ||||||
25 | adopted or surrendered person or one of his or her adoptive | ||||||
26 | parents, legal guardians, adult children or his or her |
| |||||||
| |||||||
1 | surviving spouse, and the birth uncle have filed with the | ||||||
2 | Registry an Information Exchange Authorization and the | ||||||
3 | information at the Registry indicates that the consenting | ||||||
4 | adopted or surrendered person, or the child of the consenting | ||||||
5 | adoptive parents or legal guardians, or the parent of the | ||||||
6 | consenting adult child, or the deceased wife or husband of the | ||||||
7 | consenting surviving spouse of the adopted or surrendered | ||||||
8 | person is or was the child of the brother or sister of the | ||||||
9 | consenting birth uncle.
| ||||||
10 | (m) (e) A registrant
may notify the Registry of his or her
| ||||||
11 | desire not to have identifying information his or her identity | ||||||
12 | revealed or may revoke any previously
filed Information | ||||||
13 | Exchange Authorization by completing and filing with the
| ||||||
14 | Registry a Registry Identification Form along with a Denial of | ||||||
15 | Information
Exchange. The Illinois Adoption Registry | ||||||
16 | Application does not need to be
completed in order to file a | ||||||
17 | Denial of Information Exchange. Any registrant , except a birth | ||||||
18 | parent, may revoke his or her Denial of Information Exchange by | ||||||
19 | filing
an Information Exchange Authorization. A birth parent | ||||||
20 | may revoke a Denial of Information Exchange by filing a Birth | ||||||
21 | Parent Preference Form. Any birth parent who has previously | ||||||
22 | filed a Birth Parent Preference Form where Option E was | ||||||
23 | selected may revoke such preference by filing a subsequent | ||||||
24 | Birth Parent Preference Form and selecting Option A, B, C, or | ||||||
25 | D. The Department of Public Health shall
act in accordance with | ||||||
26 | the most recently filed affidavit Authorization .
|
| |||||||
| |||||||
1 | (n) (f) Identifying information ascertained from the | ||||||
2 | Registry shall be
confidential and may be disclosed only (1) | ||||||
3 | upon a Court Order, which order
shall name the person or | ||||||
4 | persons entitled to the information, or (2) to a registrant who | ||||||
5 | is the subject of an Information Exchange
Authorization that | ||||||
6 | was completed by another registrant and filed with the Illinois | ||||||
7 | Adoption Registry and Medical Information Exchange, or (3) as | ||||||
8 | authorized under subsection (h) of Section 18.3 of
this Act , or | ||||||
9 | (4) pursuant to the procedures outlined in Section 18.1b(e) of | ||||||
10 | this Act . A copy of the certificate of live birth shall only be | ||||||
11 | released
to an adopted or surrendered
person who was born in | ||||||
12 | Illinois and who is the subject of an
Information Exchange | ||||||
13 | Authorization filed by one of his or her birth relatives. Any | ||||||
14 | person who willfully provides unauthorized
disclosure of any | ||||||
15 | information filed with the Registry or who knowingly or
| ||||||
16 | intentionally files false information with the Registry shall | ||||||
17 | be guilty of
a Class A misdemeanor and shall be liable for | ||||||
18 | damages.
| ||||||
19 | (o) (g) If information is disclosed pursuant to this Act, | ||||||
20 | the Department shall
redact it to remove any identifying | ||||||
21 | information about any party who has not
consented to the | ||||||
22 | disclosure of such identifying information , and in the case of | ||||||
23 | identifying information on the original birth certificate, | ||||||
24 | pursuant to Section 18.1b(e) of this Act .
| ||||||
25 | (Source: P.A. 94-173, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/18.1a)
| ||||||
2 | Sec. 18.1a. Registry matches.
| ||||||
3 | (a) The Registry shall release identifying information, as | ||||||
4 | specified on
the applicant's Information Exchange | ||||||
5 | Authorization, to the following
mutually consenting registered | ||||||
6 | parties
and provide them with any photographs or correspondence | ||||||
7 | which have been placed in the
Adoption/Surrender Records File | ||||||
8 | and
are specifically intended for the registered parties:
| ||||||
9 | (i) an adult adopted or surrendered person and one of | ||||||
10 | his or her birth
relatives who have both filed an | ||||||
11 | applicable Information
Exchange Authorization specifying | ||||||
12 | the other consenting party with the Registry,
if
| ||||||
13 | information available to the Registry
confirms that the | ||||||
14 | consenting adopted or surrendered person is biologically | ||||||
15 | related to the consenting birth relative;
| ||||||
16 | (ii) the adoptive parent or legal guardian of an | ||||||
17 | adopted or surrendered
person under the age of 21
and one | ||||||
18 | of the adopted or surrendered person's birth relatives who
| ||||||
19 | have both filed an Information Exchange Authorization | ||||||
20 | specifying the other
consenting party with the Registry, if
| ||||||
21 | information available to the Registry confirms that the | ||||||
22 | child of the consenting
adoptive parent or legal guardian | ||||||
23 | is biologically related to the
consenting
birth relative; | ||||||
24 | and
| ||||||
25 | (iii) the adoptive parent, adult child or surviving | ||||||
26 | spouse of a deceased adopted or surrendered person, and one |
| |||||||
| |||||||
1 | of the adopted or surrendered person's birth relatives who | ||||||
2 | have both filed an applicable Information Exchange | ||||||
3 | Authorization specifying the other consenting party with | ||||||
4 | the Registry, if information available to the Registry | ||||||
5 | confirms that child of the consenting adoptive parent, the | ||||||
6 | parent of the consenting adult child or the deceased wife | ||||||
7 | or husband of the consenting surviving spouse of the | ||||||
8 | adopted or surrendered person was biologically related to | ||||||
9 | the consenting birth relative.
| ||||||
10 | (b) If a registrant is the subject of a Denial of
| ||||||
11 | Information Exchange filed by another registered party, the | ||||||
12 | Registry shall
not release identifying information to either | ||||||
13 | registrant with the exception of non-certified copies of the | ||||||
14 | original birth certificate released under Section 18.1b(e), | ||||||
15 | and as to a birth parent who has prohibited release of | ||||||
16 | identifying information on the original birth certificate to | ||||||
17 | the adult adopted or surrendered person, upon the death of said | ||||||
18 | birth parent .
| ||||||
19 | (c) If a registrant has completed a Medical Information | ||||||
20 | Exchange
Questionnaire and has consented to its disclosure, | ||||||
21 | that Questionnaire shall be
released to any registered party | ||||||
22 | who has indicated their desire to receive such
information on | ||||||
23 | his or her Illinois Adoption Registry Application, if
| ||||||
24 | information available to the Registry
confirms that the | ||||||
25 | consenting parties are biologically related, that the | ||||||
26 | consenting
birth relative and the child of the consenting |
| |||||||
| |||||||
1 | adoptive parents or legal
guardians are birth relatives, or | ||||||
2 | that the consenting birth relative and the deceased wife or | ||||||
3 | husband of the consenting surviving spouse are birth relatives.
| ||||||
4 | (Source: P.A. 94-173, eff. 1-1-06.)
| ||||||
5 | (750 ILCS 50/18.1b)
| ||||||
6 | Sec. 18.1b. The Illinois Adoption Registry Application. | ||||||
7 | The Illinois
Adoption Registry Application shall substantially | ||||||
8 | include the following:
| ||||||
9 | (a) General Information. The Illinois Adoption Registry
| ||||||
10 | Application shall include the space to provide Information | ||||||
11 | about the registrant
including his or her
surname, given name | ||||||
12 | or names, social security number (optional), mailing
address, | ||||||
13 | home telephone number, gender, date and place of birth, and the | ||||||
14 | date
of registration. If applicable and known
to the | ||||||
15 | registrant, he or she may include the maiden surname of the
| ||||||
16 | birth mother, any subsequent surnames of the birth mother, the | ||||||
17 | surname of the
birth father, the given name or names of the | ||||||
18 | birth parents, the dates and
places of birth of the birth | ||||||
19 | parents, the surname and given name or names of
the adopted | ||||||
20 | person prior to adoption, the gender and date and place of | ||||||
21 | birth of
the adopted or surrendered person, the name of the | ||||||
22 | adopted person following
his or her adoption and the state and | ||||||
23 | county where the judgment of adoption was
finalized.
| ||||||
24 | (b) Medical Information Exchange Questionnaire. In | ||||||
25 | recognition of
the importance of medical information and of |
| |||||||
| |||||||
1 | recent discoveries regarding the
genetic origin of many medical | ||||||
2 | conditions and diseases all registrants shall be
asked to | ||||||
3 | voluntarily complete a Medical
Information Exchange | ||||||
4 | Questionnaire.
| ||||||
5 | (1) For birth relatives, the Medical Information | ||||||
6 | Exchange
Questionnaire
shall
include a comprehensive | ||||||
7 | check-list of medical
conditions and diseases including | ||||||
8 | those of genetic origin. Birth relatives shall be asked to | ||||||
9 | indicate all genetically-inherited diseases
and
conditions | ||||||
10 | on this
list which are known to exist in the adopted or | ||||||
11 | surrendered person's birth
family at the time of | ||||||
12 | registration.
In addition, all birth relatives
shall be | ||||||
13 | apprised of the Registry's provisions for voluntarily | ||||||
14 | submitting
information about their and their family's | ||||||
15 | medical
histories on a confidential, ongoing basis.
| ||||||
16 | (2) Adopted and surrendered persons and their adoptive | ||||||
17 | parents, legal
guardians, adult children, and surviving | ||||||
18 | spouses shall be asked to indicate all
| ||||||
19 | genetically-inherited diseases and medical conditions with | ||||||
20 | which the adopted or
surrendered person or, if applicable, | ||||||
21 | his or her children have been diagnosed
since birth.
| ||||||
22 | (3) The Medical Information Exchange Questionnaire
| ||||||
23 | shall include a space where the registrant may authorize | ||||||
24 | the release of the
Medical Information Exchange | ||||||
25 | Questionnaire to specified registered parties and a
| ||||||
26 | disclaimer
informing registrants that the Department of |
| |||||||
| |||||||
1 | Public Health cannot guarantee the
accuracy of medical | ||||||
2 | information exchanged through the Registry.
| ||||||
3 | (c) Written statement. All registrants shall be given the
| ||||||
4 | opportunity to voluntarily file a written statement with the | ||||||
5 | Registry. This
statement
shall be submitted in the space | ||||||
6 | provided.
No written statement submitted to the Registry
shall | ||||||
7 | include identifying information pertaining to any person other | ||||||
8 | than the
registrant who submitted it.
Any such identifying | ||||||
9 | information shall be redacted by the Department or
returned for | ||||||
10 | removal of identifying information.
| ||||||
11 | (d) Exchange of Contact information. All registrants may | ||||||
12 | indicate their
wishes regarding contact and the exchange of | ||||||
13 | identifying and/or medical information with any other | ||||||
14 | registrant by completing an
Information Exchange Authorization | ||||||
15 | or a Denial of Information Exchange.
| ||||||
16 | (1) Information Exchange Authorization. Adopted or | ||||||
17 | surrendered persons 21
years of age or over who are | ||||||
18 | interested in exchanging identifying and/or medical | ||||||
19 | information or would welcome contact with one or more of | ||||||
20 | their
birth relatives; birth parents
who are interested in | ||||||
21 | exchanging identifying and/or medical information or would | ||||||
22 | welcome contact with an adopted or surrendered
person 21 | ||||||
23 | years of age or over, or one or more of his or her adoptive | ||||||
24 | parents, legal guardians, adult children, or a surviving | ||||||
25 | spouse;
birth siblings 21 years of age or over who were | ||||||
26 | adopted or surrendered and who
are interested in exchanging |
| |||||||
| |||||||
1 | identifying and/or medical information or would welcome | ||||||
2 | contact with an adopted or surrendered person, or one or | ||||||
3 | more of
his or her adoptive parents, legal guardians, adult | ||||||
4 | children, or a surviving spouse; birth siblings 21 years of | ||||||
5 | age
or
over who were not surrendered and who have submitted | ||||||
6 | proof of death for any
common
birth parent
who did not file | ||||||
7 | a Denial of Information Exchange prior to his or her death,
| ||||||
8 | and who are interested in exchanging identifying and/or | ||||||
9 | medical information or would welcome contact with an | ||||||
10 | adopted or surrendered person, or one or
more of his or her | ||||||
11 | adoptive parents,
legal guardians, adult children, or a | ||||||
12 | surviving spouse; birth aunts and birth uncles 21 years of | ||||||
13 | age or over who have submitted birth certificates for | ||||||
14 | themselves and a deceased birth parent naming at least one | ||||||
15 | common biological parent as well as proof of death for a | ||||||
16 | deceased birth parent who did not file a Denial of | ||||||
17 | Information Exchange prior to his or her death and who are | ||||||
18 | interested in exchanging identifying and/or medical | ||||||
19 | information or would welcome contact with an adopted or | ||||||
20 | surrendered person 21 years of age or over, or one or more | ||||||
21 | of his or her adoptive parents, legal guardians, adult | ||||||
22 | children or a surviving spouse;
adoptive parents or
legal | ||||||
23 | guardians of
adopted or surrendered persons under the age | ||||||
24 | of 21 who are interested in exchanging identifying and/or | ||||||
25 | medical information or would welcome
contact with one or | ||||||
26 | more of the adopted or surrendered person's birth |
| |||||||
| |||||||
1 | relatives; adoptive parents and legal guardians of | ||||||
2 | deceased adopted or surrendered persons 21 years of age or | ||||||
3 | over who have submitted proof of death for a deceased | ||||||
4 | adopted or surrendered person who did not file a Denial of | ||||||
5 | Information Exchange prior to his or her death and who are | ||||||
6 | interested in exchanging identifying and/or medical | ||||||
7 | information or would welcome contact with one or more of | ||||||
8 | the adopted or surrendered person's birth relatives; adult | ||||||
9 | children of deceased adopted or surrendered persons who | ||||||
10 | have submitted a birth certificate naming the adopted or | ||||||
11 | surrendered person as their biological parent and proof of | ||||||
12 | death for an adopted or surrendered person who did not file | ||||||
13 | a Denial of Information Exchange prior to his or her death; | ||||||
14 | and surviving spouses of deceased adopted or surrendered | ||||||
15 | persons who have submitted a marriage certificate naming an | ||||||
16 | adopted or surrendered person as their deceased wife or | ||||||
17 | husband and proof of death for an adopted or surrendered | ||||||
18 | person who did not file a Denial of Information Exchange | ||||||
19 | prior to his or her death and who are interested in | ||||||
20 | exchanging identifying and/or medical information or would | ||||||
21 | welcome contact with one or more of the adopted or | ||||||
22 | surrendered person's birth relatives may specify with whom | ||||||
23 | they
wish to exchange identifying information by
filing an | ||||||
24 | Information Exchange Authorization.
| ||||||
25 | (2) Denial of Information Exchange. Adopted or | ||||||
26 | surrendered persons 21
years of age or over who do not wish |
| |||||||
| |||||||
1 | to exchange identifying information or establish contact | ||||||
2 | with one or
more of their birth relatives may specify
with | ||||||
3 | whom they do not wish to exchange
identifying information | ||||||
4 | or do not wish to establish contact by filing a Denial of
| ||||||
5 | Information Exchange. Birth relatives who do not wish to
| ||||||
6 | establish contact with an
adopted or surrendered person or | ||||||
7 | one or more of his or her adoptive parents,
legal | ||||||
8 | guardians, or adult children may specify with whom they do | ||||||
9 | not wish to exchange identifying
information or do not wish | ||||||
10 | to establish contact by filing a Denial of Information | ||||||
11 | Exchange. Birth parents who wish to prohibit the release of | ||||||
12 | their identifying information on the original birth | ||||||
13 | certificate released to an adult adopted or surrendered | ||||||
14 | person who was born after January 1, 1946, or to the | ||||||
15 | surviving adult child or surviving spouse of a deceased | ||||||
16 | adopted or surrendered person who was born after January 1, | ||||||
17 | 1946, may do so by filing a Denial with the Registry on or | ||||||
18 | before December 31, 2008. As of January 1, 2009, birth | ||||||
19 | parents who wish to prohibit the release of identifying | ||||||
20 | information on the non-certified copy of the original birth | ||||||
21 | certificate released to an adult adopted surrendered | ||||||
22 | person or to the surviving adult child or surviving spouse | ||||||
23 | of a deceased adopted or surrendered person may do so by | ||||||
24 | selecting Option E on a Birth Parent Preference Form and | ||||||
25 | filing the Form with the Registry. Adoptive parents or
| ||||||
26 | legal guardians of adopted or surrendered persons under the |
| |||||||
| |||||||
1 | age of 21 who do
not wish to establish contact with one or | ||||||
2 | more of the adopted or
surrendered person's birth relatives | ||||||
3 | may specify with whom they
do not wish to exchange | ||||||
4 | identifying
information by filing a Denial of Information | ||||||
5 | Exchange. Adoptive parents, adult children, and surviving | ||||||
6 | spouses of deceased adoptees who do not wish to exchange | ||||||
7 | identifying information or establish contact with one or | ||||||
8 | more of the adopted or surrendered person's birth relatives | ||||||
9 | may specify with whom they do not wish to exchange | ||||||
10 | identifying information or do not wish to establish contact | ||||||
11 | by filing a Denial of Information Exchange. The Illinois | ||||||
12 | Adoption
Registry Application does not need to be completed | ||||||
13 | in order to file a Denial
of Information Exchange.
| ||||||
14 | (3) Birth Parent Preference Form. Beginning January 1, | ||||||
15 | 2009, birth parents who are eligible to register with the | ||||||
16 | Illinois Adoption Registry and Medical Information | ||||||
17 | Exchange and who wish to communicate their wishes regarding | ||||||
18 | contact and/or the release of their identifying | ||||||
19 | information on the non-certified copy of the original birth | ||||||
20 | certificate released to an adult adopted or surrendered | ||||||
21 | person or the surviving adult child or surviving spouse of | ||||||
22 | a deceased adopted or surrendered person who has requested | ||||||
23 | a copy of the adopted or surrendered person's original | ||||||
24 | birth certificate by filing a Request for a Non-Certified | ||||||
25 | Copy of an Original Birth Certificate pursuant to | ||||||
26 | subsection (e) of this Section, may file a Birth Parent |
| |||||||
| |||||||
1 | Preference Form with the Registry. All Birth Parent | ||||||
2 | Preference Forms on file with the Registry at the time of | ||||||
3 | receipt of a Request for a Non-Certified Copy of an | ||||||
4 | Original Birth Certificate from an adult adopted or | ||||||
5 | surrendered person or the surviving adult child or | ||||||
6 | surviving spouse of a deceased adopted or surrendered | ||||||
7 | person shall be forwarded to the relevant adopted or | ||||||
8 | surrendered person or surviving adult child or surviving | ||||||
9 | spouse of a deceased adopted or surrendered person along | ||||||
10 | with a non-certified copy of the adopted or surrendered | ||||||
11 | person's original birth certificate as outlined in | ||||||
12 | subsection (e) of this Section. | ||||||
13 | (e) Procedures for requesting a non-certified copy of an | ||||||
14 | original birth certificate by an adult adopted or surrendered | ||||||
15 | person or by a surviving adult child or surviving spouse of a | ||||||
16 | deceased adopted or surrendered person: | ||||||
17 | (1) Effective immediately, any adult adopted or | ||||||
18 | surrendered person who was born in Illinois prior to | ||||||
19 | January 1, 1946, may complete and file with the Registry a | ||||||
20 | Request for a Non-Certified Copy of an Original Birth | ||||||
21 | Certificate. The Registry shall provide such adult adopted | ||||||
22 | or surrendered person with an unaltered, non-certified | ||||||
23 | copy of his or her original birth certificate upon receipt | ||||||
24 | of the Request for a Non-Certified Copy of an Original | ||||||
25 | Birth Certificate. Additionally, in cases where an adopted | ||||||
26 | or surrendered person born in Illinois prior to January 1, |
| |||||||
| |||||||
1 | 1946, is deceased, and one of his or her surviving adult | ||||||
2 | children or his or her surviving spouse has registered with | ||||||
3 | the Registry, he or she may complete and file with the | ||||||
4 | Registry a Request for a Non-Certified Copy of an Original | ||||||
5 | Birth Certificate. The Registry shall provide such | ||||||
6 | surviving adult child or surviving spouse with an | ||||||
7 | unaltered, non-certified copy of the adopted or | ||||||
8 | surrendered person's original birth certificate upon | ||||||
9 | receipt of the Request for a Non-Certified Copy of an | ||||||
10 | Original Birth Certificate. | ||||||
11 | (2) Beginning April 1, 2009, any adult adopted or | ||||||
12 | surrendered person who was born in Illinois on or after | ||||||
13 | January 1, 1946, may complete and file with the Registry a | ||||||
14 | Request for a Non-certified Copy of an Original Birth | ||||||
15 | Certificate. Additionally, in cases where the adopted or | ||||||
16 | surrendered person is deceased and one of his or her | ||||||
17 | surviving adult children or his or her surviving spouse has | ||||||
18 | registered with the Registry, he or she may complete and | ||||||
19 | file with the Registry a Request for a Non-Certified Copy | ||||||
20 | of an Original Birth Certificate.
Upon receipt of such | ||||||
21 | request from an adult adopted or surrendered person or from | ||||||
22 | one of his or her surviving adult children or his or her | ||||||
23 | surviving spouse, the Registry shall: | ||||||
24 | (i) Determine if there is a Denial of Information | ||||||
25 | Exchange which was filed by a birth parent named on the | ||||||
26 | original birth certificate prior to January 1, 2009. If |
| |||||||
| |||||||
1 | a Denial was filed by a birth parent named on the | ||||||
2 | original birth certificate prior to January 1, 2009, | ||||||
3 | and there is no proof of death in the Registry file for | ||||||
4 | the birth parent who filed said Denial, the Registry | ||||||
5 | shall inform the requesting adult adopted or | ||||||
6 | surrendered person or the requesting surviving adult | ||||||
7 | child or surviving spouse of a deceased adopted or | ||||||
8 | surrendered person that they may receive a | ||||||
9 | non-certified copy of the original birth certificate | ||||||
10 | from which all identifying information pertaining to | ||||||
11 | the birth parent who filed the Denial has been | ||||||
12 | redacted. A requesting adult adopted or surrendered | ||||||
13 | person shall also be informed in writing of his or her | ||||||
14 | right to petition the court for the appointment of a | ||||||
15 | Confidential Intermediary pursuant to Section 18.3a of | ||||||
16 | this Act and, if applicable, to conduct a search | ||||||
17 | through an agency post-adoption search program. | ||||||
18 | (ii) Determine if a birth parent named on the | ||||||
19 | original birth certificate has filed a Birth Parent | ||||||
20 | Preference Form and selected Option E. If one of the | ||||||
21 | birth parents named on the original birth certificate | ||||||
22 | filed a Birth Parent Preference Form and selected | ||||||
23 | Option E, and there is no proof of death in the | ||||||
24 | Registry file for the birth parent who filed said Birth | ||||||
25 | Parent Preference Form, the Registry shall inform the | ||||||
26 | requesting adult adopted or surrendered person or the |
| |||||||
| |||||||
1 | requesting surviving adult child or surviving spouse | ||||||
2 | of a deceased adopted or surrendered person that he or | ||||||
3 | she may receive a non-certified copy of the original | ||||||
4 | birth certificate from which identifying information | ||||||
5 | pertaining to the birth parent who completed the Birth | ||||||
6 | Parent Preference Form has been redacted per the birth | ||||||
7 | parent's specifications on the Form. The Registry | ||||||
8 | shall forward to the adult adopted or surrendered | ||||||
9 | person or to the surviving adult child or surviving | ||||||
10 | spouse of a deceased adopted or surrendered person a | ||||||
11 | copy of the Birth Parent Preference Form filed by the | ||||||
12 | birth parent from which identifying information has | ||||||
13 | been redacted per the birth parent's specifications on | ||||||
14 | the Form. The requesting adult adopted or surrendered | ||||||
15 | person shall also be informed in writing of his or her | ||||||
16 | right to petition the court for the appointment of a | ||||||
17 | Confidential Intermediary pursuant to Section 18.3a of | ||||||
18 | this Act, and, if applicable, to conduct a search | ||||||
19 | through an agency post-adoption search program. | ||||||
20 | (iii) Determine if a birth parent named on the | ||||||
21 | original birth certificate has filed an Information | ||||||
22 | Exchange Authorization. | ||||||
23 | (iv) If the Registry has confirmed that a | ||||||
24 | requesting adult adopted or surrendered person or the | ||||||
25 | parent of a requesting adult child of a deceased | ||||||
26 | adopted or surrendered person or the husband or wife of |
| |||||||
| |||||||
1 | a requesting surviving spouse was not the object of a | ||||||
2 | Denial of Information Exchange filed by a birth parent | ||||||
3 | on or before December 31, 2008, and that no birth | ||||||
4 | parent named on the original birth certificate has | ||||||
5 | filed a Birth Parent Preference Form where Option E was | ||||||
6 | selected prior to the receipt of a Request for a | ||||||
7 | Non-Certified Copy of an Original Birth Certificate, | ||||||
8 | the Registry shall provide the adult adopted or | ||||||
9 | surrendered person or his or her surviving adult child | ||||||
10 | or surviving spouse with an unaltered non-certified | ||||||
11 | copy of the adopted or surrendered person's original | ||||||
12 | birth certificate. In addition, the adult adopted or | ||||||
13 | surrendered person or surviving adult child or | ||||||
14 | surviving spouse of a deceased adopted or surrendered | ||||||
15 | person shall receive any Birth Parent Preference Forms | ||||||
16 | which are on file with the Registry. | ||||||
17 | (3) In cases where the Registry receives a Birth Parent | ||||||
18 | Preference Form from a birth parent subsequent to the | ||||||
19 | release of the non-certified copy of the original birth | ||||||
20 | certificate to an adult adopted or surrendered person or to | ||||||
21 | the surviving adult child or surviving spouse of a deceased | ||||||
22 | adopted or surrendered person, the Birth Parent Preference | ||||||
23 | Form shall be immediately forwarded to the adult adopted or | ||||||
24 | surrendered person or to the surviving adult child or | ||||||
25 | surviving spouse of the deceased adopted or surrendered | ||||||
26 | person and the birth parent who filed the form shall be |
| |||||||
| |||||||
1 | informed that the relevant original birth certificate has | ||||||
2 | already been released. | ||||||
3 | (4) A copy of the original birth certificate shall only | ||||||
4 | be released to adopted or surrendered persons who were born | ||||||
5 | in Illinois; to surviving adult children or surviving | ||||||
6 | spouses of deceased adopted or surrendered persons who were | ||||||
7 | born in Illinois; or to two registered parties who have | ||||||
8 | both consented to the release of a non-certified copy of | ||||||
9 | the original birth certificate to one another through the | ||||||
10 | Registry when the birth of the relevant adopted or | ||||||
11 | surrendered person took place in Illinois. | ||||||
12 | (5) In cases where the Registry receives a Request for | ||||||
13 | a Non-Certified Copy of an Original Birth Certificate from | ||||||
14 | an adult adopted or surrendered person who has not | ||||||
15 | completed a Registry application and the file of that | ||||||
16 | adopted or surrendered person includes an Information | ||||||
17 | Exchange Authorization or Medical Information Exchange | ||||||
18 | Questionnaire from one or more of his or her birth | ||||||
19 | relatives, the Registry shall so inform the adult adopted | ||||||
20 | or surrendered person and forward Registry application | ||||||
21 | forms to him or her along with a non-certified copy of the | ||||||
22 | original birth certificate consistent with the procedures | ||||||
23 | outlined in this subsection (e). | ||||||
24 | (6) In cases where a birth parent registered with the | ||||||
25 | Registry and filed a Medical Information Exchange | ||||||
26 | Questionnaire prior to the enactment of this Section but |
| |||||||
| |||||||
1 | gave no indication as to his or her wishes regarding | ||||||
2 | contact or the sharing of identifying information, the | ||||||
3 | Registry shall contact the birth parent by written letter | ||||||
4 | prior to January 1, 2009, and provide him or her with the | ||||||
5 | opportunity to indicate his or her preference regarding | ||||||
6 | contact and the sharing of identifying information by | ||||||
7 | submitting a Birth Parent Preference Form to the Registry | ||||||
8 | prior to April 1, 2009. | ||||||
9 | (7) In cases where the Registry cannot locate a copy of | ||||||
10 | the original birth certificate in the Registry file, they | ||||||
11 | shall be authorized to request a copy of the original birth | ||||||
12 | certificate from the Illinois county where the birth took | ||||||
13 | place for placement in the Registry file. | ||||||
14 | (8) Adopted and surrendered persons who wish to have | ||||||
15 | their names placed with the Illinois Adoption Registry and | ||||||
16 | Medical Information Exchange may do so by completing a | ||||||
17 | Registry application at any time, but completing a Registry | ||||||
18 | application shall not be required for adopted and | ||||||
19 | surrendered persons who seek only to obtain a copy of their | ||||||
20 | original birth certificate or any relevant Birth Parent | ||||||
21 | Preference Forms through the Registry. | ||||||
22 | (9) In cases where a birth parent filed a Denial with | ||||||
23 | the Registry prior to January 1, 2009, or filed a Birth | ||||||
24 | Parent Preference Form with the Registry and selected | ||||||
25 | Option E after January 1, 2009, and a proof of death for | ||||||
26 | the birth parent who filed the Denial or the Birth Parent |
| |||||||
| |||||||
1 | Preference Form has been filed with the Registry, the | ||||||
2 | Registry shall be authorized to release an unaltered | ||||||
3 | non-certified copy of the original birth certificate to an | ||||||
4 | adult adopted or surrendered person or to the surviving | ||||||
5 | adult child or surviving spouse of a deceased adopted or | ||||||
6 | surrendered person who has filed a Request for a | ||||||
7 | Non-Certified Copy of the Original Birth Certificate with | ||||||
8 | the Registry. | ||||||
9 | (f) (e) A registrant may complete all or any part of the | ||||||
10 | Illinois Adoption
Registry Application. All Illinois Adoption | ||||||
11 | Registry Applications, Information
Exchange
Authorizations, | ||||||
12 | Denials of Information Exchange, requests to revoke an
| ||||||
13 | Information
Exchange Authorization , or Denial of Information | ||||||
14 | Exchange, and affidavits
submitted
to the Registry shall be
| ||||||
15 | accompanied by proof of identification.
| ||||||
16 | (g) Notwithstanding any other rulemaking authority that | ||||||
17 | may exist, neither the Governor nor any agency or agency head | ||||||
18 | under the jurisdiction of the Governor has any authority to | ||||||
19 | make or promulgate rules to implement or enforce the provisions | ||||||
20 | of this Section of this amendatory Act of the 95th General | ||||||
21 | Assembly. If, however, the Governor believes that rules are | ||||||
22 | necessary to implement or enforce the provisions of this | ||||||
23 | Section of this amendatory Act of the 95th General Assembly, | ||||||
24 | the Governor may suggest rules to the General Assembly by | ||||||
25 | filing them with the Clerk of the House and the Secretary of | ||||||
26 | the Senate and by requesting that the General Assembly |
| |||||||
| |||||||
1 | authorize such rulemaking by law, enact those suggested rules | ||||||
2 | into law, or take any other appropriate action in the General | ||||||
3 | Assembly's discretion. Nothing contained in this amendatory | ||||||
4 | Act of the 95th General Assembly shall be interpreted to grant | ||||||
5 | rulemaking authority under any other Illinois statute where | ||||||
6 | such authority is not otherwise explicitly given. For the | ||||||
7 | purposes of this Section, "rules" is given the meaning | ||||||
8 | contained in Section 1-70 of the Illinois Administrative | ||||||
9 | Procedure Act, and "agency" and "agency head" are given the | ||||||
10 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
11 | Administrative Procedure Act to the extent that such | ||||||
12 | definitions apply to agencies or agency heads under the | ||||||
13 | jurisdiction of the Governor. (f) The Department shall | ||||||
14 | establish the Illinois Adoption Registry
Application
form | ||||||
15 | including the Medical Information Exchange Questionnaire by | ||||||
16 | rule .
| ||||||
17 | (Source: P.A. 94-173, eff. 1-1-06.)
| ||||||
18 | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| ||||||
19 | Sec. 18.2. Forms.
| ||||||
20 | (a) The Department shall develop the Illinois Adoption | ||||||
21 | Registry forms as provided in this Section. The General | ||||||
22 | Assembly shall reexamine the content of the form as requested | ||||||
23 | by the Department, in consultation with the Advisory Council. | ||||||
24 | The form of the Birth Parent Registration
Identification Form | ||||||
25 | shall be substantially as follows:
|
| |||||||
| |||||||
1 | BIRTH PARENT REGISTRATION IDENTIFICATION
| ||||||
2 | (Insert all known information)
| ||||||
3 | I, ....., state that I am the ...... (mother or father) of the
| ||||||
4 | following child:
| ||||||
5 | Child's original name: ..... (first) ..... (middle) ..... | ||||||
6 | (last),
..... (hour of birth), ..... (date of birth), | ||||||
7 | ..... (city and state of
birth), ..... (name of | ||||||
8 | hospital).
| ||||||
9 | Father's full name: ...... (first) ...... (middle) ..... | ||||||
10 | (last),
..... (date of birth), ..... (city and state of | ||||||
11 | birth).
| ||||||
12 | Name of mother inserted on birth certificate: ..... (first) | ||||||
13 | .....
(middle) ..... (last), ..... (race), ..... (date | ||||||
14 | of birth), ......
(city and state of birth).
| ||||||
15 | That I surrendered my child to: ............. (name of agency), | ||||||
16 | .....
(city and state of agency), ..... (approximate date | ||||||
17 | child surrendered).
| ||||||
18 | That I placed my child by private adoption: ..... (date),
| ||||||
19 | ...... (city
and state).
| ||||||
20 | Name of adoptive parents, if known: ......
| ||||||
21 | Other identifying information: .....
| ||||||
22 | ........................
| ||||||
23 | (Signature of parent)
| ||||||
24 | ............ ........................
| ||||||
25 | (date) (printed name of parent)
|
| |||||||
| |||||||
1 | (b) The form of the Adopted Person
Registration | ||||||
2 | Identification shall be substantially
as follows:
| ||||||
3 | ADOPTED PERSON
| ||||||
4 | REGISTRATION IDENTIFICATION
| ||||||
5 | (Insert all known information)
| ||||||
6 | I, ....., state the following:
| ||||||
7 | Adopted Person's present name: ..... (first) ..... | ||||||
8 | (middle)
..... (last).
| ||||||
9 | Adopted Person's name at birth (if known): ..... (first)
| ||||||
10 | ..... (middle) .....
(last), ..... (birth date), ..... | ||||||
11 | (city and state of birth), ......
(sex), ..... (race).
| ||||||
12 | Name of adoptive father: ..... (first) ..... (middle) ..... | ||||||
13 | (last), .....
(race).
| ||||||
14 | Maiden name of adoptive mother: ..... (first) ..... | ||||||
15 | (middle) .....
(last), ..... (race).
| ||||||
16 | Name of birth mother (if known): ..... (first) .....
| ||||||
17 | (middle)
..... (last), ..... (race).
| ||||||
18 | Name of birth father (if known): ..... (first) .....
| ||||||
19 | (middle)
..... (last), ..... (race).
| ||||||
20 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
21 | with adoptee
(if known): ..... (first) ..... (middle) | ||||||
22 | ..... (last), ..... (race), and name
of common birth | ||||||
23 | parent: ..... (first) ..... (middle) .....
(last),
| ||||||
24 | ..... (race).
| ||||||
25 | I was adopted through: ..... (name of agency).
| ||||||
26 | I was adopted privately: ..... (state "yes" if known).
|
| |||||||
| |||||||
1 | I was adopted in ..... (city and state), ..... (approximate | ||||||
2 | date).
| ||||||
3 | Other identifying information: .............
| ||||||
4 | ......................
| ||||||
5 | (signature of adoptee)
| ||||||
6 | ........... .........................
| ||||||
7 | (date) (printed name of adoptee)
| ||||||
8 | (c) The form of the Surrendered Person Registration | ||||||
9 | Identification shall be
substantially as follows:
| ||||||
10 | SURRENDERED PERSON REGISTRATION
| ||||||
11 | IDENTIFICATION
| ||||||
12 | (Insert all known information)
| ||||||
13 | I, ....., state the following:
| ||||||
14 | Surrendered Person's present name: ..... (first) .....
| ||||||
15 | (middle) ..... (last).
| ||||||
16 | Surrendered Person's name at birth (if known): ..... | ||||||
17 | (first)
.....
(middle) ..... (last), .....(birth | ||||||
18 | date), ..... (city and state of
birth), ...... (sex), | ||||||
19 | ..... (race).
| ||||||
20 | Name of guardian father: ..... (first) ..... (middle) ..... | ||||||
21 | (last), .....
(race).
| ||||||
22 | Maiden name of guardian mother: ..... (first) ..... | ||||||
23 | (middle) .....
(last), ..... (race).
| ||||||
24 | Name of birth mother (if known): ..... (first) .....
| ||||||
25 | (middle) .....
(last) ..... (race).
|
| |||||||
| |||||||
1 | Name of birth father (if known): ..... (first) .....
| ||||||
2 | (middle) .....
(last), .....(race).
| ||||||
3 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
4 | with surrendered person
(if known): ..... (first) | ||||||
5 | ..... (middle) ..... (last), ..... (race), and name
of | ||||||
6 | common birth parent: ..... (first) ..... (middle) | ||||||
7 | .....
(last),
..... (race).
| ||||||
8 | I was surrendered for adoption to: ..... (name of agency).
| ||||||
9 | I was surrendered for adoption in ..... (city and state), ..... | ||||||
10 | (approximate
date).
| ||||||
11 | Other identifying information: ............
| ||||||
12 | ................................
| ||||||
13 | (signature of surrendered person)
| ||||||
14 | ............ ......................
| ||||||
15 | (date) (printed name of person
| ||||||
16 | surrendered for adoption)
| ||||||
17 | (c-3) The form of the Registration Identification Form for | ||||||
18 | Surviving Relatives of Deceased Birth Parents shall be | ||||||
19 | substantially as follows:
| ||||||
20 | REGISTRATION IDENTIFICATION FORM
| ||||||
21 | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| ||||||
22 | (Insert all known information)
| ||||||
23 | I, ....., state the following:
| ||||||
24 | Name of deceased birth parent at time of surrender:
| ||||||
25 | Deceased birth parent's date of birth:
|
| |||||||
| |||||||
1 | Deceased birth parent's date of death:
| ||||||
2 | Adopted or surrendered person's name at birth (if known): | ||||||
3 | .....(first) ..... (middle) ..... (last), .....(birth | ||||||
4 | date), ..... (city and state of birth), ...... (sex), | ||||||
5 | ..... (race).
| ||||||
6 | My relationship to the adopted or surrendered person (check | ||||||
7 | one): (birth parent's non-surrendered child) (birth parent's | ||||||
8 | sister) (birth parent's brother).
| ||||||
9 | If you are a non-surrendered child of the birth parent, provide | ||||||
10 | name(s) at birth and age(s) of non-surrendered siblings having | ||||||
11 | a common parent with the birth parent. If more than one | ||||||
12 | sibling, please give information requested below on reverse | ||||||
13 | side of this form. If you are a sibling or parent of the birth | ||||||
14 | parent, provide name(s) at birth and age(s) of the sibling(s) | ||||||
15 | of the birth parent. If more than one sibling, please give | ||||||
16 | information requested below on reverse side of this form.
| ||||||
17 | Name (First) ..... (middle) ..... (last), .....(birth | ||||||
18 | date), ..... (city and state of birth), ...... (sex), | ||||||
19 | ..... (race).
| ||||||
20 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
21 | (last), .....(race), (first) ..... (middle) ..... | ||||||
22 | (last), .....(race).
| ||||||
23 | My birth sibling/child of my brother/child of my sister/ was | ||||||
24 | surrendered for adoption to ..... (name of agency) City and | ||||||
25 | state of agency ..... Date .....(approximate) Other |
| |||||||
| |||||||
1 | identifying information ..... (Please note that you must: (i) | ||||||
2 | be at least 21 years of age to register; (ii) submit with your | ||||||
3 | registration a certified copy of the birth parent's birth | ||||||
4 | certificate; (iii) submit a certified copy of the birth | ||||||
5 | parent's death certificate; and (iv) if you are a | ||||||
6 | non-surrendered birth sibling or a sibling of the deceased | ||||||
7 | birth parent, also submit a certified copy of your birth | ||||||
8 | certificate with this registration. No application from a | ||||||
9 | surviving relative of a deceased birth parent can be accepted | ||||||
10 | if the birth parent filed a Denial of Information Exchange | ||||||
11 | prior to his or her death.)
| ||||||
12 | ................................
| ||||||
13 | (signature of birth parent's surviving relative)
| ||||||
14 | ............ ............ | ||||||
15 | (date) (printed name of birth | ||||||
16 | parent's surviving relative) | ||||||
17 | (c-5) The form of the Registration Identification Form for | ||||||
18 | Surviving Relatives of Deceased Adopted or Surrendered Persons | ||||||
19 | shall be substantially as follows:
| ||||||
20 | REGISTRATION IDENTIFICATION FORM FOR
| ||||||
21 | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||||||
22 | (Insert all known information)
| ||||||
23 | I, ....., state the following:
| ||||||
24 | Adopted or surrendered person's name at birth (if known): |
| |||||||
| |||||||
1 | (first) ..... (middle) ..... (last), .....(birth | ||||||
2 | date), ..... (city and state of birth), ...... (sex), | ||||||
3 | ..... (race). | ||||||
4 | Adopted or surrendered person's date of death:
| ||||||
5 | My relationship to the deceased adopted or surrendered | ||||||
6 | person(check one): (adoptive mother) (adoptive father) (adult | ||||||
7 | child) (surviving spouse).
| ||||||
8 | If you are an adult child or surviving spouse of the adopted or | ||||||
9 | surrendered person, provide name(s) at birth and age(s) of the | ||||||
10 | children of the adopted or surrendered person. If the adopted | ||||||
11 | or surrendered person had more than one child, please give | ||||||
12 | information requested below on reverse side of this form. | ||||||
13 | Name (first) ..... (middle) ..... (last), .....(birth | ||||||
14 | date), ..... (city and state of birth), ...... (sex), | ||||||
15 | ..... (race). | ||||||
16 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
17 | (last), .....(race), (first) ..... (middle) ..... | ||||||
18 | (last), .....(race).
| ||||||
19 | My child/parent/deceased spouse was surrendered for | ||||||
20 | adoption to .....(name of agency) City and state of agency | ||||||
21 | ..... Date ..... (approximate) Other identifying | ||||||
22 | information ..... (Please note that you must: (i) be at | ||||||
23 | least 21 years of age to register; (ii) submit with your | ||||||
24 | registration a certified copy of the adopted or surrendered | ||||||
25 | person's death certificate; (iii) if you are the child of a | ||||||
26 | deceased adopted or surrendered person, also submit a |
| |||||||
| |||||||
1 | certified copy of your birth certificate with this | ||||||
2 | registration; and (iv) if you are the surviving wife or | ||||||
3 | husband of a deceased adopted or surrendered person, also | ||||||
4 | submit a copy of your marriage certificate with this | ||||||
5 | registration. No application from a surviving relative of a | ||||||
6 | deceased adopted or surrendered person can be accepted if | ||||||
7 | the adopted or surrendered person filed a Denial of | ||||||
8 | Information Exchange prior to his or her death.)
| ||||||
9 | ................................
| ||||||
10 | (signature of adopted or surrendered person's surviving
| ||||||
11 | relative)
| ||||||
12 | ............ ............ | ||||||
13 | (date) (printed name of adopted
| ||||||
14 | person's surviving relative)
| ||||||
15 | (d) The form of the Information Exchange Authorization | ||||||
16 | shall be
substantially
as follows:
| ||||||
17 | INFORMATION EXCHANGE AUTHORIZATION
| ||||||
18 | I, ....., state that I am the person who completed the | ||||||
19 | Registration
Identification; that I am of the age of ..... | ||||||
20 | years; that I hereby
authorize the Department of Public Health | ||||||
21 | to give to the following person(s)
(birth mother
)
(birth | ||||||
22 | father) (birth sibling) (adopted or surrendered person
) | ||||||
23 | (adoptive mother) (adoptive father) (legal guardian of an |
| |||||||
| |||||||
1 | adopted or surrendered person) (birth aunt) (birth uncle) | ||||||
2 | (adult child of a deceased adopted or surrendered person) | ||||||
3 | (surviving spouse of a deceased adopted or surrendered person) | ||||||
4 | (all eligible relatives) the following
(please check the
| ||||||
5 | information
authorized for exchange):
| ||||||
6 | [ ] 1. Only my name and last known address.
| ||||||
7 | [ ] 2. A copy of my Illinois Adoption Registry | ||||||
8 | Application.
| ||||||
9 | [ ] 3. A copy of the adopted or surrendered person's | ||||||
10 | original certificate of live birth (check only if you are | ||||||
11 | an adopted or surrendered person or the surviving adult | ||||||
12 | child or surviving spouse of a deceased adopted or | ||||||
13 | surrendered person) .
| ||||||
14 | [ ] 4. A copy of my completed medical questionnaire.
| ||||||
15 | I am fully aware that I can only be supplied with
| ||||||
16 | information about an individual or individuals who have
duly
| ||||||
17 | executed an Information Exchange Authorization that
has
not | ||||||
18 | been revoked or, if I am an adopted or surrendered person, from | ||||||
19 | a birth parent who completed a Birth Parent Preference Form and | ||||||
20 | did not prohibit the release of his or her identity to me ; that | ||||||
21 | I can be contacted by writing to: ..... (own name or
name of | ||||||
22 | person to contact) (address) (phone number).
| ||||||
23 | NOTE: New IARMIE registrants who do not complete a Medical | ||||||
24 | Information Exchange Questionnaire and release a copy of their | ||||||
25 | questionnaire to at least one Registry applicant must pay a $40 | ||||||
26 | registration fee. |
| |||||||
| |||||||
1 | Dated (insert date).
| ||||||
2 | .............. | ||||||
3 | (signature)
| ||||||
4 | (e) The form of the Denial of Information Exchange shall be
| ||||||
5 | 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 the | ||||||
11 | following person(s)
(birth mother) (birth father) (birth | ||||||
12 | sibling)(adopted or surrendered person)(adoptive mother) | ||||||
13 | (adoptive father)(legal guardian of an adopted or surrendered | ||||||
14 | person)(birth aunt)(birth uncle)(adult child of a deceased | ||||||
15 | adopted or surrendered person) (surviving spouse of a deceased | ||||||
16 | adopted or surrendered person) (all eligible relatives) . | ||||||
17 | IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER | ||||||
18 | JANUARY 1, 2009, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH | ||||||
19 | PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH | ||||||
20 | CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH | ||||||
21 | PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING | ||||||
22 | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT | ||||||
23 | ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT | ||||||
24 | PREFERENCE FORM ON OR AFTER JANUARY 1, 2009. DENIALS FILED BY A | ||||||
25 | BIRTH PARENT BEFORE JANUARY 1, 2009, WILL EXPIRE UPON THE DEATH |
| |||||||
| |||||||
1 | OF THE BIRTH PARENT WITH RESPECT TO AN ADULT ADOPTED OR | ||||||
2 | SURRENDERED PERSON'S ACCESS TO IDENTIFYING INFORMATION ON HIS | ||||||
3 | OR HER ORIGINAL BIRTH CERTIFICATE.
| ||||||
4 | I do/do not (circle appropriate response) authorize the | ||||||
5 | Registry to release a copy of my completed Medical Information | ||||||
6 | Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||||||
7 | New IARMIE registrants who do not complete a Medical | ||||||
8 | Information Exchange Questionnaire and release a copy of their | ||||||
9 | questionnaire to at least one Registry applicant must pay a $40 | ||||||
10 | registration fee.
Birth parents filing a Denial of Information | ||||||
11 | Exchange are advised that, under Illinois law, an adult adopted | ||||||
12 | person may initiate a search for a birth parent who has filed a | ||||||
13 | Denial of Information Exchange through the state confidential | ||||||
14 | intermediary program once five years have elapsed since the | ||||||
15 | filing of the Denial of Information Exchange ;
that I do not | ||||||
16 | wish to be contacted .
| ||||||
17 | Dated (insert date).
| ||||||
18 | ............... | ||||||
19 | (signature)
| ||||||
20 | (f) The form of the Birth Parent Preference Form shall be | ||||||
21 | as follows: | ||||||
22 | In recognition of the basic right of all persons to access | ||||||
23 | their birth records, Illinois law now provides for the release | ||||||
24 | of original birth certificates to adopted and surrendered | ||||||
25 | persons 21 years of age or older upon request. While many birth |
| |||||||
| |||||||
1 | parents are comfortable sharing their identities or initiating | ||||||
2 | contact with their birth sons and daughters once they have | ||||||
3 | reached adulthood, Illinois law also recognizes that there may | ||||||
4 | be unique situations where a birth parent might have a | ||||||
5 | compelling reason for not wishing to establish contact with a | ||||||
6 | birth son or daughter or for not wishing to release identifying | ||||||
7 | information that appears on the original birth certificate of a | ||||||
8 | birth son or daughter who has reached adulthood. The Illinois | ||||||
9 | Adoption Registry and Medical Information Exchange (IARMIE) | ||||||
10 | has therefore established this form to allow birth parents | ||||||
11 | whose birth son or daughter was born on or after January 1, | ||||||
12 | 1946, to express their wishes regarding contact and the sharing | ||||||
13 | of identifying information listed on the original birth | ||||||
14 | certificate with an adult adopted or surrendered person who has | ||||||
15 | reached the age of 21. | ||||||
16 | In selecting one of the five options below, birth parents | ||||||
17 | should keep in mind that the decision to deny an adult adopted | ||||||
18 | or surrendered person access to his or her original birth | ||||||
19 | record is an important one that can impact the adopted or | ||||||
20 | surrendered person's life in many ways. Since no original birth | ||||||
21 | certificates are released by the IARMIE before an adoptee has | ||||||
22 | reached the age of 21, birth parents are encouraged to take as | ||||||
23 | much time as they need to weigh the options available to them | ||||||
24 | before completing this form. Should you need additional | ||||||
25 | assistance in completing this form, please contact the agency | ||||||
26 | that handled the adoption, if applicable, or the Illinois |
| |||||||
| |||||||
1 | Adoption Registry and Medical Information Exchange at | ||||||
2 | 217-557-5159. | ||||||
3 | After careful consideration, I, (insert your name) ......, | ||||||
4 | have made the following decision regarding contact with my | ||||||
5 | birth son/birth daughter, (insert birth son's/birth daughter's | ||||||
6 | name at birth, if applicable) ......, who was born in (insert | ||||||
7 | city/town of birth) ...... on (insert date of birth)...... and | ||||||
8 | the release of my identifying information as it appears on | ||||||
9 | his/her original birth certificate when he/she reaches the age | ||||||
10 | of 21, and I have chosen Option ...... (insert A, B, C, D or E, | ||||||
11 | as applicable). I realize that this form must be accompanied by | ||||||
12 | a completed IARMIE application form as well as a Medical | ||||||
13 | Information Exchange Questionnaire or the $40 registration | ||||||
14 | fee. I am also aware that I may revoke this decision at any | ||||||
15 | time by completing a new Birth Parent Preference Form and | ||||||
16 | filing it with the IARMIE. I understand that it is my | ||||||
17 | responsibility to update the IARMIE with any changes to contact | ||||||
18 | information provided below. I also understand that, while | ||||||
19 | preferences regarding the release of identifying information | ||||||
20 | through the Registry are binding unless the law should change | ||||||
21 | in the future, any selection I have made regarding my preferred | ||||||
22 | method of contact is not. | ||||||
23 | ............................................................. | ||||||
24 | (Signature/Date) | ||||||
25 | (Please insert your signature and today's date above, as well |
| |||||||
| |||||||
1 | as under your chosen option, A, B, C, D, or E below.) | ||||||
2 | Option A. I agree to the release of my identifying information | ||||||
3 | as it appears on my birth son's/birth daughter's original birth | ||||||
4 | certificate, would welcome direct contact with my birth | ||||||
5 | son/birth daughter when he or she has reached the age of 21 and | ||||||
6 | I wish to be contacted at the following mailing address, email | ||||||
7 | address or phone number: | ||||||
8 | ............................................................. | ||||||
9 | ............................................................. | ||||||
10 | ............................................................. | ||||||
11 | ............................................................. | ||||||
12 | (Signature/Date) | ||||||
13 | Option B. I agree to the release of my identifying information | ||||||
14 | as it appears on my birth son's/birth daughter's original birth | ||||||
15 | certificate, would welcome contact with my birth son/birth | ||||||
16 | daughter when he or she has reached the age of 21, but I would | ||||||
17 | prefer to be contacted through the following person (insert | ||||||
18 | name and mailing address, email address or phone number of | ||||||
19 | chosen contact person) | ||||||
20 | ............................................................. | ||||||
21 | ............................................................. | ||||||
22 | (Signature/Date) | ||||||
23 | Option C. I agree to the release of my name as it appears on my |
| |||||||
| |||||||
1 | birth son's/birth daughter's original birth certificate, would | ||||||
2 | welcome contact with my birth son/birth daughter when he or she | ||||||
3 | has reached the age of 21, but I would prefer to be contacted | ||||||
4 | through the Illinois confidential intermediary program (please | ||||||
5 | call 800-526-9022 for additional information) or through the | ||||||
6 | agency that handled the adoption. (insert agency name, address | ||||||
7 | and phone number, if applicable.) | ||||||
8 | ............................................................. | ||||||
9 | ............................................................. | ||||||
10 | (Signature/Date) | ||||||
11 | Option D. I agree to the release of my name as it appears on my | ||||||
12 | birth son's/birth daughter's original birth certificate, but I | ||||||
13 | would prefer not to be contacted by my birth son/birth daughter | ||||||
14 | when he or she has reached the age of 21. | ||||||
15 | ............................................................. | ||||||
16 | (Signature/Date) | ||||||
17 | Option E. I wish to prohibit the release of my (circle ALL | ||||||
18 | applicable options) first name, last name, last known address, | ||||||
19 | birth son/birth daughter's last name (if last name listed is | ||||||
20 | same as mine), as they appear on my birth son's/birth | ||||||
21 | daughter's original birth certificate and do not wish to be | ||||||
22 | contacted by my birth son/birth daughter when he or she has | ||||||
23 | reached the age of 21. If there were any special circumstances | ||||||
24 | that played a role in your decision to remain anonymous which |
| |||||||
| |||||||
1 | you would like to share with your birth son/birth daughter, | ||||||
2 | please list them in the space provided below (optional). | ||||||
3 | ............................................................. | ||||||
4 | ............................................................. | ||||||
5 | I understand that, although I have chosen to prohibit the | ||||||
6 | release of my identity on the copy of the original birth | ||||||
7 | certificate released to my birth son/birth daughter, he or she | ||||||
8 | may request that a court-appointed confidential intermediary | ||||||
9 | contact me to request updated medical information and/or | ||||||
10 | confirm my desire to remain anonymous once five years have | ||||||
11 | elapsed since the signing of this form. I also understand that | ||||||
12 | this request for anonymity shall expire upon my death. | ||||||
13 | ............................................................. | ||||||
14 | ............................................................. | ||||||
15 | (Signature/Date) | ||||||
16 | NOTE: A copy of this form will be forwarded to your birth son | ||||||
17 | or daughter should he or she file a request for his or her | ||||||
18 | original birth certificate with the IARMIE. However, if you | ||||||
19 | have selected Option E, identifying information, per your | ||||||
20 | specifications above, will be deleted from the copy of this | ||||||
21 | form forwarded to your birth son or daughter during your | ||||||
22 | lifetime. In the event that an adopted or surrendered person is | ||||||
23 | deceased, his or her surviving adult children may request a | ||||||
24 | copy of the adopted or surrendered person's original birth | ||||||
25 | certificate providing they have registered with the IARMIE; the |
| |||||||
| |||||||
1 | copy of this form and the non-certified copy of the original | ||||||
2 | birth certificate forwarded to the surviving child of the | ||||||
3 | adopted or surrendered person shall be redacted per your | ||||||
4 | specifications on this form during your lifetime. | ||||||
5 | (g) The form of the Request for a Non-Certified Copy of an | ||||||
6 | Original Birth Certificate shall be as follows: | ||||||
7 | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | ||||||
8 | CERTIFICATE | ||||||
9 | I, (requesting party's full name) ....., hereby request a | ||||||
10 | non-certified copy of (check appropriate option) ..... my | ||||||
11 | original birth certificate ..... the original birth | ||||||
12 | certificate of my deceased adopted or surrendered parent ..... | ||||||
13 | the original birth certificate of my deceased adopted or | ||||||
14 | surrendered spouse (insert deceased parent's/deceased spouse's | ||||||
15 | name at adoption) ...... I/my deceased parent/my deceased | ||||||
16 | spouse was born in (insert city and county of adopted or | ||||||
17 | surrendered person's birth) ..... on ..... (insert adopted or | ||||||
18 | surrendered person's date of birth). In the event that one or | ||||||
19 | both of my/my deceased parent's/my deceased spouse's birth | ||||||
20 | parents has requested that their identity not be released to | ||||||
21 | me/to my deceased parent/to my deceased spouse, I wish to | ||||||
22 | (check appropriate option) ..... a. receive a non-certified | ||||||
23 | copy of the original birth certificate from which identifying | ||||||
24 | information pertaining to the birth parent who requested | ||||||
25 | anonymity has been deleted; or ..... b. I do not wish to | ||||||
26 | received an altered copy of the original birth certificate. |
| |||||||
| |||||||
1 | Dated (insert date). | ||||||
2 | ................... | ||||||
3 | (signature)
| ||||||
4 | (h) Any (f) The Information Exchange Authorization , and the | ||||||
5 | Denial of Information
Exchange , Birth Parent Preference Form, | ||||||
6 | or Request for a Non-Certified Copy of an Original Birth | ||||||
7 | Certificate filed with the Registry, shall be acknowledged by | ||||||
8 | the person who filed it birth parent,
birth sibling, adopted or | ||||||
9 | surrendered
person, adoptive parent, or legal guardian before a | ||||||
10 | notary
public, in form
substantially as follows:
| ||||||
11 | State of ..............
| ||||||
12 | County of .............
| ||||||
13 | I, a Notary Public, in and for the said County, in the | ||||||
14 | State aforesaid,
do hereby certify that ............... | ||||||
15 | personally known to me to be the
same person whose name is | ||||||
16 | subscribed to the foregoing certificate of
acknowledgement, | ||||||
17 | appeared before me in person and acknowledged that (he or
she) | ||||||
18 | signed such certificate as (his or her) free and voluntary act | ||||||
19 | and
that the statements in such certificate are true.
| ||||||
20 | Given under my hand and notarial seal on (insert date).
| ||||||
21 | .........................
| ||||||
22 | (signature)
| ||||||
23 | (i) (g) When the execution of an Information Exchange
| ||||||
24 | Authorization , or a Denial of Information Exchange , Birth |
| |||||||
| |||||||
1 | Parent Preference Form or Request for a Non-Certified Copy of | ||||||
2 | an Original Birth Certificate is acknowledged before a
| ||||||
3 | representative of an agency, such representative shall have his | ||||||
4 | signature
on said Certificate acknowledged before a notary | ||||||
5 | public, in form substantially
as follows:
| ||||||
6 | State of..........
| ||||||
7 | County of.........
| ||||||
8 | I, a Notary Public, in and for the said County, in the | ||||||
9 | State aforesaid,
do hereby certify that ..... personally known | ||||||
10 | to me to be the same person
whose name is subscribed to the | ||||||
11 | foregoing certificate of acknowledgement,
appeared before me | ||||||
12 | in person and acknowledged that (he or she) signed such
| ||||||
13 | certificate as (his or her) free and voluntary act and that the | ||||||
14 | statements
in such certificate are true.
| ||||||
15 | Given under my hand and notarial seal on (insert date).
| ||||||
16 | .......................
| ||||||
17 | (signature)
| ||||||
18 | (j) (h) When an Illinois Adoption Registry Application,
| ||||||
19 | Information
Exchange Authorization , or a Denial of
Information | ||||||
20 | Exchange , Birth Parent Preference Form, or Request for a | ||||||
21 | Non-Certified Copy of an Original Birth Certificate is executed | ||||||
22 | in a foreign country, the
execution of such
document shall be | ||||||
23 | acknowledged or affirmed before an officer of the United
States | ||||||
24 | consular services.
| ||||||
25 | (k) (i) If the person signing an Information Exchange
|
| |||||||
| |||||||
1 | Authorization , or a Denial of Information , Birth Parent | ||||||
2 | Preference Form or Request for a Non-Certified Copy of an | ||||||
3 | Original Birth Certificate is in the military service of the
| ||||||
4 | United States, the execution of such document may be | ||||||
5 | acknowledged before a
commissioned officer and the signature of | ||||||
6 | such officer on such certificate
shall be verified or | ||||||
7 | acknowledged before a notary public or by such other
procedure | ||||||
8 | as is then in effect for such division or branch of the armed | ||||||
9 | forces.
| ||||||
10 | (j) The Department shall modify these forms as necessary to | ||||||
11 | implement the
provisions of this amendatory Act of 1999 | ||||||
12 | including creating Registration
Identification Forms for | ||||||
13 | non-surrendered birth siblings, adoptive parents and
legal | ||||||
14 | guardians.
| ||||||
15 | (Source: P.A. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06.)
| ||||||
16 | (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
| ||||||
17 | Sec. 18.3. (a) The agency, Department of Children and | ||||||
18 | Family Services,
Court Supportive Services, Juvenile Division | ||||||
19 | of the Circuit Court, and any
other party to the
surrender of a | ||||||
20 | child for adoption or in an adoption proceeding shall inform | ||||||
21 | obtain
from any birth parent or parents relinquishing giving up | ||||||
22 | a child for
purposes of
adoption after the effective date of | ||||||
23 | this Act of the opportunity to register with the Illinois | ||||||
24 | Adoption Registry and Medical Information Exchange and to | ||||||
25 | utilize the Illinois confidential intermediary program and |
| |||||||
| |||||||
1 | shall obtain a written confirmation that acknowledges the birth | ||||||
2 | parent's receipt of such information. a written statement which
| ||||||
3 | indicates: (1) a desire to have identifying information shared | ||||||
4 | with the
adopted or surrendered person at a later date; (2) a | ||||||
5 | desire not
to have
identifying information revealed; or (3) | ||||||
6 | that no decision is made at
that time. In addition, the agency, | ||||||
7 | Department of Children and Family
Services, Court
Supportive | ||||||
8 | Services, Juvenile Division of the Circuit Court, and any other
| ||||||
9 | organization involved in the surrender of a child for adoption | ||||||
10 | in an adoption
proceeding shall inform the birth parent or | ||||||
11 | parents of a child born, adopted or
surrendered in Illinois of | ||||||
12 | the existence of the Illinois Adoption Registry and
Medical | ||||||
13 | Information Exchange and provide them with the necessary | ||||||
14 | application
forms and if requested, assistance with completing | ||||||
15 | the forms.
| ||||||
16 | (b) When the written statement is signed, the birth
parent | ||||||
17 | or
parents shall be informed in writing that their decision | ||||||
18 | regarding the
sharing of identifying information can be made or | ||||||
19 | changed by such
birth parent or parents at any future date.
| ||||||
20 | (c) The birth parent shall be informed in writing that if | ||||||
21 | contact or exchange of identifying
sharing
of identifying | ||||||
22 | information with the adult adopted or surrendered person
is to | ||||||
23 | occur, that adult adopted or surrendered person he or she must | ||||||
24 | be 21 years of age or
over.
| ||||||
25 | (d) If the birth parent or parents indicate a desire to
| ||||||
26 | share
identifying information with the adopted or surrendered |
| |||||||
| |||||||
1 | person,
the birth parent shall complete an
Information Exchange | ||||||
2 | Authorization.
| ||||||
3 | (e) Any birth parent or parents requesting that no
| ||||||
4 | identifying
information be revealed to the adopted or | ||||||
5 | surrendered
person shall be
informed that such request will be | ||||||
6 | conveyed to the adopted or
surrendered person if he or she | ||||||
7 | requests such information; and
such identifying information | ||||||
8 | shall not be revealed.
| ||||||
9 | (f) Any adopted or surrendered person 21 years
of age or | ||||||
10 | over may also indicate in writing his or her desire or
lack of
| ||||||
11 | desire to share identifying information with the birth
parent | ||||||
12 | or
parents or with one or more of his or her birth relatives. | ||||||
13 | Any adopted or
surrendered person requesting that no | ||||||
14 | identifying information be
revealed to the
birth parent or to | ||||||
15 | one or more of his or her birth relatives shall be
informed | ||||||
16 | that such request
shall be conveyed to the birth parent or
| ||||||
17 | birth
relative if he or she requests such information; and such | ||||||
18 | identifying information shall
not be revealed.
| ||||||
19 | (b) (g) Any birth parent, birth sibling,
adopted or | ||||||
20 | surrendered person, adoptive parent, or legal
guardian | ||||||
21 | indicating their desire to receive
identifying or medical | ||||||
22 | information shall be informed
of the existence of the Registry | ||||||
23 | and assistance shall be given to such
person to
legally
record | ||||||
24 | his or her
name with the Registry.
| ||||||
25 | (c) (h) The agency, Department of Children and Family | ||||||
26 | Services, Court
Supportive Services, Juvenile Division of the |
| |||||||
| |||||||
1 | Circuit Court, and any other organization involved in the
| ||||||
2 | surrender of a child for adoption in an adoption proceeding | ||||||
3 | which has
written statements from an adopted or surrendered | ||||||
4 | person and the birth
parent or a birth sibling indicating a | ||||||
5 | desire to share receive
identifying information or establish | ||||||
6 | contact shall supply such information to the mutually
| ||||||
7 | consenting parties, except that no identifying information | ||||||
8 | shall be
supplied to consenting birth siblings if any such | ||||||
9 | sibling is
under 21
years of age. However, both the Registry | ||||||
10 | having an Information Exchange
Authorization and the | ||||||
11 | organization having a written statement requesting the sharing | ||||||
12 | of
identifying information or contact shall communicate with | ||||||
13 | each other to determine if
the adopted or surrendered person or | ||||||
14 | the
birth parent or
birth
sibling has signed a form at a later | ||||||
15 | date indicating a change in his or
her desires regarding the | ||||||
16 | sharing of information or contact . The agreement of the
birth | ||||||
17 | parent shall be binding.
| ||||||
18 | (d) (i) On and after January 1, 2000, any licensed child | ||||||
19 | welfare agency which
provides post-adoption search assistance | ||||||
20 | to adoptive parents, adopted persons,
surrendered persons,
| ||||||
21 | birth parents, or other birth relatives shall require that any | ||||||
22 | person requesting
post-adoption search assistance complete an | ||||||
23 | Illinois Adoption Registry
Application prior to the | ||||||
24 | commencement of the search.
| ||||||
25 | (Source: P.A. 94-173, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| ||||||
2 | Sec. 18.3a. Confidential intermediary.
| ||||||
3 | (a) General purposes.
Notwithstanding any other provision | ||||||
4 | of
this Act, any
adopted or surrendered person 21 years of age | ||||||
5 | or over, any adoptive parent or legal guardian
of
an adopted or | ||||||
6 | surrendered person under the age of 21, or any birth parent of | ||||||
7 | an adopted
or surrendered person who is 21 years of age or over | ||||||
8 | may petition the court in any county in
the
State of Illinois | ||||||
9 | for appointment of a confidential intermediary as provided in
| ||||||
10 | this Section for the purpose of exchanging medical information | ||||||
11 | with one or
more mutually consenting biological relatives, | ||||||
12 | obtaining identifying
information about one or more mutually | ||||||
13 | consenting biological relatives, or
arranging contact with one | ||||||
14 | or more mutually consenting biological relatives.
| ||||||
15 | Additionally, in cases where an adopted or surrendered person | ||||||
16 | is deceased,
an adult child of the adopted
or surrendered | ||||||
17 | person or his or her adoptive parents or surviving spouse may | ||||||
18 | file a petition under this Section and in cases
where the birth | ||||||
19 | parent is deceased,
an adult birth sibling of the adopted or | ||||||
20 | surrendered person or of the deceased birth parent
may
file a | ||||||
21 | petition under this Section for the purpose of exchanging | ||||||
22 | medical
information with one or more mutually consenting | ||||||
23 | biological relatives of the adopted or surrendered person,
| ||||||
24 | obtaining identifying information about one or more mutually | ||||||
25 | consenting
biological relatives of the adopted or surrendered | ||||||
26 | person, or arranging contact with one or more mutually
|
| |||||||
| |||||||
1 | consenting biological relatives of the adopted or surrendered | ||||||
2 | person. Beginning January 1, 2006, any adopted or surrendered | ||||||
3 | person 21 years of age or over; any adoptive parent or legal | ||||||
4 | guardian of an adopted or surrendered person under the age of | ||||||
5 | 21; any birth parent, birth sibling, birth aunt, or birth uncle | ||||||
6 | of an adopted or surrendered person over the age of 21; any | ||||||
7 | surviving child, adoptive parent, or surviving spouse of a | ||||||
8 | deceased adopted or surrendered person who wishes to petition | ||||||
9 | the court for the appointment of a confidential intermediary | ||||||
10 | shall be required to accompany their petition with proof of | ||||||
11 | registration with the Illinois Adoption Registry and Medical | ||||||
12 | Information Exchange.
| ||||||
13 | (b) Petition. Upon petition by an adopted or surrendered
| ||||||
14 | person 21 years of age or over (an "adult adopted or | ||||||
15 | surrendered person") , an
adoptive parent or legal guardian of | ||||||
16 | an adopted or surrendered person under the age of 21,
or a | ||||||
17 | birth parent of an adopted or surrendered person who is 21 | ||||||
18 | years of age or over, the
court
shall appoint a confidential | ||||||
19 | intermediary. Upon petition by
an adult child, adoptive parent | ||||||
20 | or surviving spouse of an adopted or surrendered person who is | ||||||
21 | deceased, by an adult birth sibling of an adopted or | ||||||
22 | surrendered person
whose common birth parent is deceased
and | ||||||
23 | whose adopted or surrendered birth sibling is 21 years of age | ||||||
24 | or over, or by an adult sibling of a birth parent who is | ||||||
25 | deceased,
and whose surrendered child is 21 years of age or | ||||||
26 | over, the court may appoint a confidential
intermediary if the |
| |||||||
| |||||||
1 | court finds that the disclosure is of greater benefit than
| ||||||
2 | nondisclosure.
The petition shall state which biological | ||||||
3 | relative
or
relatives are being sought and shall indicate if | ||||||
4 | the petitioner wants to do any
one or more of the following: | ||||||
5 | exchange medical information with the
biological relative or | ||||||
6 | relatives, obtain identifying information from the
biological | ||||||
7 | relative or relatives, or to arrange contact with the | ||||||
8 | biological
relative.
| ||||||
9 | (c) Order. The order appointing the confidential | ||||||
10 | intermediary shall allow
that
intermediary to conduct a search | ||||||
11 | for the sought-after relative by accessing
those records | ||||||
12 | described in subsection (g) of this Section.
| ||||||
13 | (d) Fees and expenses. The court shall condition the | ||||||
14 | appointment of the
confidential intermediary on the | ||||||
15 | petitioner's payment of the intermediary's
fees and expenses in | ||||||
16 | advance of the commencement of the work of the
confidential | ||||||
17 | intermediary. However, no fee shall be charged if the | ||||||
18 | petitioner is an adult adopted or surrendered person and the | ||||||
19 | sought-after relative is a birth parent who filed a Denial with | ||||||
20 | the Registry prior to January 1, 2009, or filed a Birth Parent | ||||||
21 | Preference Form on which Option E was selected after January 1, | ||||||
22 | 2009.
| ||||||
23 | (e) Eligibility of intermediary. The court may appoint as | ||||||
24 | confidential
intermediary any
person certified by the | ||||||
25 | Department of Children and Family Services as qualified to | ||||||
26 | serve as a confidential
intermediary.
Certification shall be |
| |||||||
| |||||||
1 | dependent upon the
confidential intermediary completing a | ||||||
2 | course of training including, but not
limited to, applicable | ||||||
3 | federal and State privacy laws.
| ||||||
4 | (f) Confidential Intermediary Council. There shall be | ||||||
5 | established under the
Department of Children and Family
| ||||||
6 | Services a Confidential Intermediary Advisory Council. One | ||||||
7 | member shall be an
attorney representing the Attorney General's | ||||||
8 | Office appointed by the Attorney
General. One member shall be a | ||||||
9 | currently certified confidential intermediary
appointed by the | ||||||
10 | Director of the Department of Children and Family Services.
The | ||||||
11 | Director shall also appoint 5 additional members. When making | ||||||
12 | those
appointments, the Director shall consider advocates for | ||||||
13 | adopted persons,
adoptive parents, birth parents, lawyers who | ||||||
14 | represent clients in private
adoptions, lawyers specializing | ||||||
15 | in privacy law, and representatives of agencies
involved in | ||||||
16 | adoptions. The Director shall appoint one of the 7 members as
| ||||||
17 | the chairperson. An attorney from the Department of Children | ||||||
18 | and Family
Services
and the person directly responsible for | ||||||
19 | administering the confidential
intermediary program shall | ||||||
20 | serve as ex-officio, non-voting advisors to the
Council. | ||||||
21 | Council members shall serve at the discretion of the Director | ||||||
22 | and
shall receive no compensation other than reasonable | ||||||
23 | expenses approved by the
Director. The Council shall meet no | ||||||
24 | less than twice yearly and shall meet at least once yearly with | ||||||
25 | the Registry Advisory Council , and shall make
recommendations | ||||||
26 | to the Director regarding the development of rules, procedures,
|
| |||||||
| |||||||
1 | and forms that will ensure efficient and effective operation of | ||||||
2 | the
confidential intermediary process, including:
| ||||||
3 | (1) Standards for certification for confidential | ||||||
4 | intermediaries.
| ||||||
5 | (2) Oversight of methods used to verify that | ||||||
6 | intermediaries are complying
with the appropriate laws.
| ||||||
7 | (3) Training for confidential intermediaries, | ||||||
8 | including training with
respect to federal and State | ||||||
9 | privacy laws.
| ||||||
10 | (4) The relationship between confidential | ||||||
11 | intermediaries and the court
system, including the | ||||||
12 | development of sample orders defining the scope of the
| ||||||
13 | intermediaries' access to information.
| ||||||
14 | (5) Any recent violations of policy or procedures by | ||||||
15 | confidential
intermediaries and remedial steps, including | ||||||
16 | decertification, to prevent future
violations.
| ||||||
17 | (g) Access. Subject to the limitations of subsection (i) of | ||||||
18 | this
Section, the
confidential
intermediary shall have access | ||||||
19 | to vital records maintained by the Department of
Public Health | ||||||
20 | and its local designees for the maintenance of vital records or | ||||||
21 | a comparable public entity that maintains vital records in | ||||||
22 | another state in accordance with that state's laws, and
all | ||||||
23 | records of the court or any adoption agency,
public
or private, | ||||||
24 | as limited in this Section, which relate to the adoption or the | ||||||
25 | identity and location of an
adopted or surrendered person, of | ||||||
26 | an adult child or surviving spouse of a deceased adopted or |
| |||||||
| |||||||
1 | surrendered person, or of a birth
parent, birth sibling, or the | ||||||
2 | sibling of a deceased birth parent. The
confidential | ||||||
3 | intermediary shall not have access to any personal health
| ||||||
4 | information protected by the Standards for Privacy of | ||||||
5 | Individually
Identifiable Health Information adopted by the | ||||||
6 | U.S. Department of Health and
Human Services under the Health | ||||||
7 | Insurance Portability and Accountability Act of
1996 unless the | ||||||
8 | confidential intermediary has obtained written consent from | ||||||
9 | the
person whose information is being sought or, if that person | ||||||
10 | is a minor child,
that person's parent or guardian. | ||||||
11 | Confidential
intermediaries shall be authorized to inspect | ||||||
12 | confidential relinquishment and
adoption records. The | ||||||
13 | confidential intermediary shall not be authorized to
access | ||||||
14 | medical
records, financial records, credit records, banking | ||||||
15 | records, home studies,
attorney file records, or other personal | ||||||
16 | records.
In cases where a birth parent is being sought by an | ||||||
17 | adult adopted or surrendered person , an adoption agency shall | ||||||
18 | inform
the confidential intermediary of any statement filed | ||||||
19 | pursuant to Section 18.3, hereinafter referred to as "the 18.3 | ||||||
20 | statement",
indicating a desire of the surrendering birth | ||||||
21 | parent to have identifying
information shared or to not have | ||||||
22 | identifying information shared. If there was
a clear statement | ||||||
23 | of intent by the sought-after birth parent not to have
| ||||||
24 | identifying information shared, the confidential intermediary | ||||||
25 | shall discontinue
the search and inform the petitioning party | ||||||
26 | of the sought-after relative's
intent unless the birth parent |
| |||||||
| |||||||
1 | filed the 18.3 statement prior to the enactment of this Section | ||||||
2 | and more than five years have elapsed since the filing of the | ||||||
3 | 18.3 statement. If the adult adopted or surrendered person is | ||||||
4 | the subject of an 18.3 statement indicating a desire not to | ||||||
5 | establish contact which was filed more than five years prior to | ||||||
6 | the search request, the confidential intermediary shall | ||||||
7 | confirm the petitioner's desire to continue the search . | ||||||
8 | Information
provided to the confidential intermediary by an | ||||||
9 | adoption agency shall be
restricted to the full name, date of | ||||||
10 | birth, place of birth, last known address,
last known telephone | ||||||
11 | number of the sought-after relative or, if applicable,
of the | ||||||
12 | children or siblings of the sought-after relative, and the 18.3 | ||||||
13 | statement.
| ||||||
14 | (h) Adoption agency disclosure of medical information. If | ||||||
15 | the petitioner is
an adult adopted or surrendered person or the | ||||||
16 | adoptive parent of a
minor and if the petitioner has signed a | ||||||
17 | written authorization to disclose
personal medical | ||||||
18 | information, an adoption agency disclosing information to a
| ||||||
19 | confidential intermediary shall disclose available medical | ||||||
20 | information about
the adopted or surrendered person from birth | ||||||
21 | through adoption.
| ||||||
22 | (i) Duties of confidential intermediary in conducting a | ||||||
23 | search. In
conducting
a search under this Section, the | ||||||
24 | confidential intermediary shall first confirm
that there is no | ||||||
25 | Denial of Information Exchange on file with the Illinois
| ||||||
26 | Adoption Registry. If the petitioner is an adult child of an |
| |||||||
| |||||||
1 | adopted or surrendered person
who is deceased, the
confidential | ||||||
2 | intermediary shall additionally confirm that the adopted or | ||||||
3 | surrendered person
did not file a Denial of Information | ||||||
4 | Exchange with the Illinois Adoption
Registry during his or her | ||||||
5 | life. If the petitioner is an adult birth sibling of
an
adopted
| ||||||
6 | or surrendered person or an adult sibling of a birth parent who | ||||||
7 | is deceased,
the confidential intermediary shall
additionally | ||||||
8 | confirm that the birth parent did not file a Denial of | ||||||
9 | Information
Exchange with the Registry during his or her life. | ||||||
10 | If there is a Denial on file with the Registry, the | ||||||
11 | confidential intermediary must discontinue the search unless | ||||||
12 | the petitioner is an adult adopted or surrendered person and | ||||||
13 | the sought-after birth relative filed the Denial five years or | ||||||
14 | more prior to the search or the birth parent has not been the | ||||||
15 | object of a search through the state confidential intermediary | ||||||
16 | program for ten or more years. If the petitioner is an adult | ||||||
17 | adopted or surrendered person and there is a Birth Parent | ||||||
18 | Preference Form on file with the Registry and the birth parent | ||||||
19 | who completed the form selected Option E, the confidential | ||||||
20 | intermediary must discontinue the search unless 5 years or more | ||||||
21 | have elapsed since the filing of the Birth Parent Preference | ||||||
22 | Form. If the confidential
intermediary learns that a | ||||||
23 | sought-after birth parent signed an 18.3 a statement
indicating | ||||||
24 | his or her intent not to have identifying information shared | ||||||
25 | prior to the enactment of this Section , and
did not later file | ||||||
26 | an Information Exchange Authorization or a Birth Parent |
| |||||||
| |||||||
1 | Preference Form with the Adoption
Registry, the confidential | ||||||
2 | intermediary shall discontinue the search and inform
the | ||||||
3 | petitioning party of the birth parent's intent unless the | ||||||
4 | petitioner is an adult adopted or surrendered person and five | ||||||
5 | years or more have elapsed since the birth parent signed the | ||||||
6 | statement indicating his or her intent not to have identifying | ||||||
7 | information shared. In cases where the birth parent filed a | ||||||
8 | Denial of Information Exchange or statement indicating his or | ||||||
9 | her intent not to have identifying information shared less than | ||||||
10 | five years prior to the search request and the petitioner is an | ||||||
11 | adult adopted or surrendered person, the confidential | ||||||
12 | intermediary shall inform the petitioner of the need to | ||||||
13 | discontinue the search until five years have elapsed since the | ||||||
14 | Denial of Information Exchange was filed; in cases where a | ||||||
15 | birth parent was previously the subject of a search through the | ||||||
16 | state confidential intermediary program, the confidential | ||||||
17 | intermediary shall inform the petitioner of the need to | ||||||
18 | discontinue the search until ten years or more have elapsed | ||||||
19 | since the initial search was closed. In cases where a birth | ||||||
20 | parent has been the object of two searches through the state | ||||||
21 | confidential intermediary program, no subsequent search for | ||||||
22 | the birth parent shall be authorized absent a court order to | ||||||
23 | the contrary .
| ||||||
24 | In conducting a search under this Section, the confidential | ||||||
25 | intermediary
shall attempt to locate the relative or relatives | ||||||
26 | from whom the petitioner has
requested information. If the |
| |||||||
| |||||||
1 | sought-after relative is deceased
or cannot be located after a | ||||||
2 | diligent search, the
confidential intermediary may contact | ||||||
3 | other adult relatives of the
sought-after relative.
| ||||||
4 | The confidential intermediary shall contact a sought-after | ||||||
5 | relative on
behalf of the petitioner in a manner that respects | ||||||
6 | the sought-after relative's
privacy and shall inform the | ||||||
7 | sought-after relative of the petitioner's request
for medical | ||||||
8 | information, identifying information or contact as stated in | ||||||
9 | the
petition. Based upon the terms of the petitioner's request, | ||||||
10 | the confidential
intermediary shall contact a sought-after | ||||||
11 | relative on behalf of the petitioner
and inform the | ||||||
12 | sought-after relative of the following options:
| ||||||
13 | (1) The sought-after relative may totally reject one or | ||||||
14 | all of the
requests for medical information, identifying | ||||||
15 | information or
contact. The sought-after relative shall be | ||||||
16 | informed that they can
provide a medical questionnaire to | ||||||
17 | be forwarded to the petitioner
without releasing any | ||||||
18 | identifying information. The confidential
intermediary | ||||||
19 | shall inform the petitioner of the sought-after
relative's | ||||||
20 | decision to reject the sharing of information or contact.
| ||||||
21 | (2) The sought-after relative may consent to | ||||||
22 | completing a medical
questionnaire only. In this case, the | ||||||
23 | confidential intermediary
shall provide the questionnaire | ||||||
24 | and ask the sought-after relative to
complete it. The | ||||||
25 | confidential intermediary shall forward the
completed | ||||||
26 | questionnaire to the petitioner and inform the petitioner
|
| |||||||
| |||||||
1 | of the sought-after relative's desire to not provide any | ||||||
2 | additional
information.
| ||||||
3 | (3) The sought-after relative may communicate with the | ||||||
4 | petitioner
without having his or her identity disclosed. In | ||||||
5 | this case, the
confidential intermediary shall arrange the | ||||||
6 | desired communication
in a manner that protects the | ||||||
7 | identity of the sought-after relative.
The confidential | ||||||
8 | intermediary shall inform the petitioner of the
| ||||||
9 | sought-after relative's decision to communicate but not | ||||||
10 | disclose
his or her identity.
| ||||||
11 | (4) The sought after relative may consent to initiate | ||||||
12 | contact with the
petitioner. If both the petitioner and the | ||||||
13 | sought-after relative or
relatives are eligible to | ||||||
14 | register with the Illinois Adoption Registry,
the | ||||||
15 | confidential intermediary shall provide the necessary
| ||||||
16 | application forms and request that the sought-after | ||||||
17 | relative
register with the Illinois Adoption Registry. If | ||||||
18 | either the petitioner
or the sought-after relative or | ||||||
19 | relatives are ineligible to register
with the Illinois | ||||||
20 | Adoption Registry, the confidential intermediary
shall | ||||||
21 | obtain written consents from both parties that they wish to
| ||||||
22 | disclose their identities to each other and to have contact | ||||||
23 | with
each other.
| ||||||
24 | (j) Oath. The confidential intermediary shall sign an oath | ||||||
25 | of
confidentiality substantially as follows: "I, .........., | ||||||
26 | being duly sworn, on
oath depose and say: As a condition of |
| |||||||
| |||||||
1 | appointment as a confidential
intermediary, I affirm that:
| ||||||
2 | (1) I will not disclose to the petitioner,
directly or | ||||||
3 | indirectly, any confidential information
except in a | ||||||
4 | manner consistent with the
law.
| ||||||
5 | (2) I recognize that violation of this oath subjects me | ||||||
6 | to civil liability
and to a potential finding of contempt | ||||||
7 | of court.
................................
| ||||||
8 | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| ||||||
9 | date)
| ||||||
10 | ................................."
| ||||||
11 | (k) Sanctions.
| ||||||
12 | (1) Any confidential intermediary who improperly | ||||||
13 | 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 | (2) Any person who learns a sought-after
relative's | ||||||
18 | identity, directly or indirectly, through the use of | ||||||
19 | procedures
provided in this Section and who improperly | ||||||
20 | discloses information identifying
the sought-after | ||||||
21 | relative shall be liable to the sought-after relative for
| ||||||
22 | actual damages plus minimum punitive damages of $10,000.
| ||||||
23 | (3) The Department shall fine any confidential | ||||||
24 | intermediary who improperly
discloses
confidential | ||||||
25 | information in violation of item (1) or (2) of this | ||||||
26 | subsection (k)
an amount up to $2,000 per improper |
| |||||||
| |||||||
1 | disclosure. This fine does not affect
civil liability under | ||||||
2 | item (2) of this subsection (k). The Department shall
| ||||||
3 | deposit all fines and penalties collected under this | ||||||
4 | Section into the Illinois
Adoption Registry and Medical | ||||||
5 | Information Fund.
| ||||||
6 | (l) Death of person being sought. Notwithstanding any other | ||||||
7 | provision
of this Act, if the confidential intermediary | ||||||
8 | discovers that the person
being sought has died, he or she | ||||||
9 | shall report this fact to the court,
along with a copy of the | ||||||
10 | death certificate. If the sought-after relative is a birth | ||||||
11 | parent, the confidential intermediary shall also forward a copy | ||||||
12 | of the birth parent's death certificate or obituary to the | ||||||
13 | Registry for inclusion in the Registry file.
| ||||||
14 | (m) Any confidential information obtained by the | ||||||
15 | confidential intermediary
during the course of his or her | ||||||
16 | search shall be kept strictly confidential
and shall be used | ||||||
17 | for the purpose of arranging contact between the
petitioner and | ||||||
18 | the sought-after birth relative. At the time the case is
| ||||||
19 | closed, all identifying information shall be returned to the | ||||||
20 | court for
inclusion in the impounded adoption file.
| ||||||
21 | (n) If the petitioner is an adopted or surrendered person | ||||||
22 | 21 years of age or over or the
adoptive parent or legal | ||||||
23 | guardian of an adopted or surrendered person under the age
of | ||||||
24 | 21, any
non-identifying information, as defined in Section | ||||||
25 | 18.4, that is
ascertained during the course of the search may | ||||||
26 | be given in writing to
the petitioner at any time during the |
| |||||||
| |||||||
1 | search before the case is closed.
| ||||||
2 | (o) Except as provided in subsection (k) of this Section, | ||||||
3 | no liability shall
accrue to
the State, any State agency, any | ||||||
4 | judge, any officer or employee of the
court, any certified | ||||||
5 | confidential intermediary, or any agency designated
to oversee | ||||||
6 | confidential intermediary services for acts, omissions, or
| ||||||
7 | efforts made in good faith within the scope of this Section.
| ||||||
8 | (p) An adoption agency that has received a request from a | ||||||
9 | confidential intermediary for the full name, date of birth, | ||||||
10 | last known address, or last known telephone number of a | ||||||
11 | sought-after relative pursuant to subsection (g) of Section | ||||||
12 | 18.3a 18.3 , or for medical information regarding a sought-after | ||||||
13 | relative pursuant to subsection (h) of Section 18.3a 18.3 , must | ||||||
14 | satisfactorily comply with this court order within a period of | ||||||
15 | 45 days. The court shall order the adoption agency to reimburse | ||||||
16 | the petitioner in an amount equal to all payments made by the | ||||||
17 | petitioner to the confidential intermediary, and the adoption | ||||||
18 | agency shall be subject to a civil monetary penalty of $1,000 | ||||||
19 | to be paid to the Department of Children and Family Services. | ||||||
20 | Following the issuance of a court order finding that the | ||||||
21 | adoption agency has not complied with Section 18.3, the | ||||||
22 | adoption agency shall be subject to a monetary penalty of $500 | ||||||
23 | per day for each subsequent day of non-compliance. Proceeds | ||||||
24 | from such fines shall be utilized by the Department of Children | ||||||
25 | and Family Services to subsidize the fees of petitioners as | ||||||
26 | referenced in subsection (d) of this Section. |
| |||||||
| |||||||
1 | (q) Provide information to eligible petitioners. The | ||||||
2 | confidential intermediary may provide to eligible petitioners | ||||||
3 | as described in subsections (a) and (b) of this Section, the | ||||||
4 | name of the child welfare agency which had legal custody of the | ||||||
5 | surrendered person or responsibility for placing the | ||||||
6 | surrendered person and any available contact information for | ||||||
7 | such agency. In addition, the confidential intermediary may | ||||||
8 | provide to such petitioners the name of the state in which the | ||||||
9 | surrender occurred or in which the adoption was finalized. | ||||||
10 | Any reimbursements and fines, notwithstanding any | ||||||
11 | reimbursement directly to the petitioner, paid under this | ||||||
12 | subsection are in addition to other remedies a court may | ||||||
13 | otherwise impose by law. | ||||||
14 | Proceeds from the penalties paid to the Department of | ||||||
15 | Children and Family Services shall be deposited into the DCFS | ||||||
16 | Children's Services Fund. The Department of Children and Family | ||||||
17 | Services shall submit reports to the Confidential Intermediary | ||||||
18 | Advisory Council by July 1 and January 1 of each year in order | ||||||
19 | to report the penalties assessed and collected under this | ||||||
20 | subsection, the amounts of related deposits into the DCFS | ||||||
21 | Children's Services Fund, and any expenditures from such | ||||||
22 | deposits.
| ||||||
23 | (Source: P.A. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06; | ||||||
24 | 94-1010, eff. 10-1-06.)
| ||||||
25 | (750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
|
| |||||||
| |||||||
1 | Sec. 18.5. Liability. No liability shall attach to the | ||||||
2 | State, any
agency thereof,
any licensed agency, any judge, any | ||||||
3 | officer or employee of the court, or
any party or employee | ||||||
4 | thereof involved in the surrender of a child for
adoption or in | ||||||
5 | an adoption proceeding for acts or efforts made within the
| ||||||
6 | scope of Sections 18.05 thru 18.5, inclusive, of this Act and
| ||||||
7 | under
its provisions, except for subsection (n) (f) of Section | ||||||
8 | 18.1.
| ||||||
9 | (Source: P.A. 91-417, eff. 1-1-00.)
| ||||||
10 | (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
| ||||||
11 | Sec. 18.6. Registry fees. The Department of Public Health | ||||||
12 | shall levy a
fee for each
registrant under Sections 18.05 | ||||||
13 | through 18.5.
A $40 fee shall be charged for registering with | ||||||
14 | the Illinois Adoption
Registry and Medical Information | ||||||
15 | Exchange. However, this fee shall be
waived for all adopted or | ||||||
16 | surrendered persons, surviving children and spouses of | ||||||
17 | deceased adopted persons, adoptive parents,
legal guardians, | ||||||
18 | birth parents, and
birth siblings who complete a Medical | ||||||
19 | Information Exchange Questionnaire at the
time of registration | ||||||
20 | and authorize its release to specified registered parties,
and | ||||||
21 | for adoptive parents
registering within 12 months of the | ||||||
22 | finalization of the
adoption. All persons who were registered | ||||||
23 | with the Illinois Adoption Registry
prior to the effective date | ||||||
24 | of this amendatory Act of 1999
and who wish to
update their | ||||||
25 | registration may do so without charge.
No charge of any
kind |
| |||||||
| |||||||
1 | shall be made for the withdrawal of any form provided in | ||||||
2 | Section 18.2.
| ||||||
3 | (Source: P.A. 91-417, eff. 1-1-00.)".
|