HB5501 EngrossedLRB097 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.

 

 

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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:
16        (1) by one of the petitioners to the adoption; .
17        (2) by the adopted person over the age of 21 who was
18    the subject of the petition to the adoption, provided that
19    the adopted person submits to the court a non-certified
20    copy of the adopted person's original birth certificate
21    issued by the Department of Public Health pursuant to
22    paragraphs (1) and (2) of subsection (e) of Section 18.1b
23    of this Act with no identifying information redacted
24    pursuant to subparagraphs (i) or (ii) of paragraph (2) of
25    subsection (e) of Section 18.1b of this Act as reflected on
26    the non-certified copy of the original birth certificate;

 

 

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1    or
2        (3) by the adopted person who was the subject of the
3    adoption petition if the adopted person was born before
4    January 1, 1946, and submits to the court a letter from the
5    Department of Public Health confirming that no copy of the
6    adopted person's original birth certificate was located in
7    Illinois under paragraph (2) of subsection (e) of Section
8    18.1b.
9The court shall require proof of the authenticity of the
10documents submitted pursuant to court rule and applicable rules
11of civil procedure.
12    (d) If an appeal is taken from an adoption proceeding, the
13papers filed in the court of review and the opinion of the
14reviewing court shall not identify the true names of the
15parties; instead, initials or pseudonyms shall be used to
16identify the parties.
17(Source: P.A. 86-493; 87-620.)