Rep. Sara Feigenholtz
Filed: 3/2/2012
 
 

 

 

 
09700HB5501ham001LRB097 18378 AJO 67036 a



1
AMENDMENT TO HOUSE BILL 5501 




2    AMENDMENT NO. ______. Amend House Bill 5501 by replacing 
3everything after the enacting clause with the following:
 
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 
 
 
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1identified.

2    (c) All adoption records maintained by each circuit clerk 
3shall be
impounded in accordance with the procedures provided 
4by the Illinois
Supreme Court's General Administrative Order on 
5Recordkeeping and shall be
opened for examination only upon 
6specific order of the court, which order
shall name the person 
7or persons who are to be permitted to examine the
file. 
8Certified copies of all papers and documents contained in
any 
9file so impounded shall be made only on like order.
The 
10guardian ad litem for a minor sought to be adopted shall have 
11the
right to inspect the court file without leave of court 
12during the pendency
of the proceeding. The attorney of record 
13for the petitioners and other
parties may inspect the file only 
14with leave of court. The petitioners to
the adoption, the 
15attorney of record for the petitioners, and the guardian
ad 
16litem of the person who is the subject of the proceeding shall 
17be
entitled to receive certified copies of the order of 
18adoption in the
proceeding at any time within 30 days after the 
19entry of the judgment of
adoption without order of court. After 
2030 days from the entry of the
judgment of adoption, no copies 
21may be obtained without prior order of
court, but good cause is 
22not necessary to be shown:
23        (1) by one of the
petitioners to the adoption; . 

24        (2) by the adopted person over the age of 21 who was 
25    the subject of the petition to the adoption, provided that 
26    the adopted person submits to the court  a non-certified 
 
 
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1    copy of the adopted person's original birth certificate 
2    issued by the Department of Public Health  pursuant to 
3    paragraphs (1) and (2) of subsection (e) of Section 18.1b 
4    of this Act with no identifying information redacted 
5    pursuant to subparagraphs (i) or (ii) of paragraph (2) of 
6    subsection (e) of Section 18.1b of this Act as reflected on 
7    the non-certified copy of the original birth certificate; 
8    or
9        (3) by the adopted person who was the subject of the 
10    adoption petition if the adopted person was born before 
11    January 1, 1946, and submits to the court a letter from the 
12    Department of Public Health confirming that no copy of the 
13    adopted person's original birth certificate was located in 
14    Illinois  under paragraph (2) of subsection (e) of Section 
15    18.1b. 
16The court shall require proof of the authenticity of the 
17documents submitted pursuant to court rule and applicable rules 
18of civil procedure.
19    (d) If an appeal is taken from an adoption proceeding, the 
20papers filed
in the court of review and the opinion of the 
21reviewing court shall not
identify the true names of the 
22parties; instead, initials or pseudonyms
shall be used to 
23identify the parties.

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