97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5501
 
Introduced , by Rep. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 

 



750 ILCS 50/18  from Ch. 40, par. 1522

     Amends the Adoption Act.  Provides that a certified copy of an adoption order shall be issued upon written request and without show of cause to an adopted person over the age of 21, provided that the request is accompanied by a non-certified copy of the adopted person's original birth certificate issued by the Department of Public Health or a letter from the Department of Public Health confirming that no copy of the original birth certificate was located in Illinois.
  


LRB097 18378 AJO 63604 b

 
 
A BILL FOR
 

  
HB5501LRB097 18378 AJO 63604 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Adoption Act is amended  by changing Section 
518 as follows:
 



6    (750 ILCS 50/18)  (from Ch. 40, par. 1522)



7    Sec. 18. Records confidential. 

8    (a) The word "illegitimate", the words "born out of

9wedlock", and words of similar import shall not be used in any 
10adoption
proceeding in any respect.

11    (b) The court call of adoption proceedings shall not 
12identify any of
the parties by name. The parties may be 
13identified by initials or
pseudonyms. The case shall be 
14identified by its general number. The names
of the lawyers 
15representing the parties may appear on the court call, and
the 
16type of application that is being made to the court may also be 
17identified.

18    (c) All adoption records maintained by each circuit clerk 
19shall be
impounded in accordance with the procedures provided 
20by the Illinois
Supreme Court's General Administrative Order on 
21Recordkeeping and shall be
opened for examination only upon 
22specific order of the court, which order
shall name the person 
23or persons who are to be permitted to examine the
file. 
 
 
HB5501- 2 -LRB097 18378 AJO 63604 b

1Certified copies of all papers and documents contained in
any 
2file so impounded shall be made only on like order.
The 
3guardian ad litem for a minor sought to be adopted shall have 
4the
right to inspect the court file without leave of court 
5during the pendency
of the proceeding. The attorney of record 
6for the petitioners and other
parties may inspect the file only 
7with leave of court. The petitioners to
the adoption, the 
8attorney of record for the petitioners, and the guardian
ad 
9litem of the person who is the subject of the proceeding shall 
10be
entitled to receive certified copies of the order of 
11adoption in the
proceeding at any time within 30 days after the 
12entry of the judgment of
adoption without order of court. After 
1330 days from the entry of the
judgment of adoption, no copies 
14may be obtained without prior order of
court, but good cause is 
15not necessary to be shown by one of the
petitioners to the 
16adoption. Likewise, a certified copy of the order of the 
17adoption shall be issued upon written request and without show 
18of cause to an adopted person over the age of 21, providing the 
19written request is accompanied by a non-certified copy of the 
20adopted person's original birth certificate issued by the 
21Department of Public Health under Section 18.1b of this Act or 
22a letter from the Department of Public Health confirming that 
23no copy of the adopted person's original birth certificate was 
24located in Illinois. 

25    (d) If an appeal is taken from an adoption proceeding, the 
26papers filed
in the court of review and the opinion of the 
 
 
HB5501- 3 -LRB097 18378 AJO 63604 b

1reviewing court shall not
identify the true names of the 
2parties; instead, initials or pseudonyms
shall be used to 
3identify the parties.

4(Source: P.A. 86-493; 87-620.)