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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Adoption Act is amended by changing Section | |||||||||||||||||||
5 | 18.3 as follows:
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6 | (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
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7 | (Text of Section before amendment by P.A. 102-825 )
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8 | Sec. 18.3. (a) The agency, Department of Children and | |||||||||||||||||||
9 | Family Services,
Court Supportive Services, Juvenile Division | |||||||||||||||||||
10 | of the Circuit Court, and any
other party to the
surrender of a | |||||||||||||||||||
11 | child for adoption or in an adoption proceeding shall inform | |||||||||||||||||||
12 | any birth parent or parents relinquishing a child for
purposes | |||||||||||||||||||
13 | of
adoption after the effective date of this Act of the | |||||||||||||||||||
14 | opportunity to register with the Illinois Adoption Registry | |||||||||||||||||||
15 | and Medical Information Exchange and to utilize the Illinois | |||||||||||||||||||
16 | confidential intermediary program and shall obtain a written | |||||||||||||||||||
17 | confirmation that acknowledges the birth parent's receipt of | |||||||||||||||||||
18 | such information.
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19 | The birth parent shall be informed in writing that if | |||||||||||||||||||
20 | contact or exchange of identifying
information with the adult | |||||||||||||||||||
21 | adopted or surrendered person
is to occur, that adult adopted | |||||||||||||||||||
22 | or surrendered person must be 21 years of age or
over except as | |||||||||||||||||||
23 | referenced in paragraph (d) of this Section.
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1 | (b) Any birth parent, birth sibling,
adopted or | ||||||
2 | surrendered person, adoptive parent, or legal
guardian | ||||||
3 | indicating their desire to receive
identifying or medical | ||||||
4 | information shall be informed
of the existence of the Registry | ||||||
5 | and assistance shall be given to such
person to
legally
record | ||||||
6 | his or her
name with the Registry.
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7 | (c) The agency, Department of Children and Family | ||||||
8 | Services, Court
Supportive Services, Juvenile Division of the | ||||||
9 | Circuit Court, and any other organization involved in the
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10 | surrender of a child for adoption in an adoption proceeding | ||||||
11 | which has
written statements from an adopted or surrendered | ||||||
12 | person and the birth
parent or a birth sibling indicating a | ||||||
13 | desire to share
identifying information or establish contact | ||||||
14 | shall supply such information to the mutually
consenting | ||||||
15 | parties, except that no identifying information shall be
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16 | supplied to consenting birth siblings if any such sibling is
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17 | under 21
years of age. However, both the Registry having an | ||||||
18 | Information Exchange
Authorization and the organization having | ||||||
19 | a written statement requesting the sharing of
identifying | ||||||
20 | information or contact shall communicate with each other to | ||||||
21 | determine if
the adopted or surrendered person or the
birth | ||||||
22 | parent or
birth
sibling has signed a form at a later date | ||||||
23 | indicating a change in his or
her desires regarding the | ||||||
24 | sharing of information or contact.
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25 | (d) On and after January 1, 2000, any licensed child | ||||||
26 | welfare agency which
provides post-adoption search assistance |
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1 | to adoptive parents, adopted persons,
surrendered persons,
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2 | birth parents, or other birth relatives shall require that any | ||||||
3 | person requesting
post-adoption search assistance complete an | ||||||
4 | Illinois Adoption Registry
Application prior to the | ||||||
5 | commencement of the search. However, former youth in care as | ||||||
6 | defined in Section 4d of the Children and Family Services Act | ||||||
7 | between the ages of 18 and 21 who have been surrendered or | ||||||
8 | adopted and who are seeking contact or an exchange of | ||||||
9 | information with siblings shall not be required to complete an | ||||||
10 | Illinois Adoption Registry Application prior to commencement | ||||||
11 | of the search, provided that the search is performed | ||||||
12 | consistent with applicable Sections of this Act.
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13 | (Source: P.A. 100-159, eff. 8-18-17.)
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14 | (Text of Section after amendment by P.A. 102-825 )
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15 | Sec. 18.3. (a) The agency, Department of Children and | ||||||
16 | Family Services,
Court Supportive Services, Juvenile Division | ||||||
17 | of the Circuit Court, and any
other party to the
surrender of a | ||||||
18 | child for adoption or in an adoption proceeding shall inform | ||||||
19 | any birth parent or parents relinquishing a child for
purposes | ||||||
20 | of
adoption after the effective date of this Act of the | ||||||
21 | opportunity to register with the Illinois Adoption Registry | ||||||
22 | and Medical Information Exchange and to utilize the Illinois | ||||||
23 | confidential intermediary program and shall obtain a written | ||||||
24 | confirmation that acknowledges the birth parent's receipt of | ||||||
25 | such information.
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1 | The birth parent shall be informed in writing that if | ||||||
2 | contact or exchange of identifying
information with the adult | ||||||
3 | adopted or surrendered person
is to occur, that adult adopted | ||||||
4 | or surrendered person must be 21 years of age or
over except as | ||||||
5 | referenced in paragraph (d) of this Section.
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6 | (b) Any birth parent, birth sibling,
adopted or | ||||||
7 | surrendered person, adoptive parent, or legal
guardian | ||||||
8 | indicating their desire to receive
identifying or medical | ||||||
9 | information shall be informed
of the existence of the Registry | ||||||
10 | and assistance shall be given to such
person to
legally
record | ||||||
11 | his or her
name with the Registry.
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12 | (c) The agency, Department of Children and Family | ||||||
13 | Services, Court
Supportive Services, Juvenile Division of the | ||||||
14 | Circuit Court, and any other organization involved in the
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15 | surrender of a child for adoption in an adoption proceeding | ||||||
16 | which has
written statements from an adopted or surrendered | ||||||
17 | person and the birth
parent or a birth sibling indicating a | ||||||
18 | desire to share
identifying information or establish contact | ||||||
19 | shall supply such information to the mutually
consenting | ||||||
20 | parties, except that no identifying information shall be
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21 | supplied to consenting birth siblings if any such sibling is
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22 | under 21
years of age. However, both the Registry having an | ||||||
23 | Information Exchange
Authorization and the organization having | ||||||
24 | a written statement requesting the sharing of
identifying | ||||||
25 | information or contact shall communicate with each other to | ||||||
26 | determine if
the adopted or surrendered person or the
birth |
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1 | parent or
birth
sibling has signed a form at a later date | ||||||
2 | indicating a change in his or
her desires regarding the | ||||||
3 | sharing of information or contact.
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4 | (d) On and after January 1, 2000, any licensed child | ||||||
5 | welfare agency which
provides post-adoption search assistance | ||||||
6 | to adoptive parents, adopted persons,
surrendered persons,
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7 | birth parents, or other birth relatives shall require that any | ||||||
8 | person requesting
post-adoption search assistance complete an | ||||||
9 | Illinois Adoption Registry
Application prior to the | ||||||
10 | commencement of the search. However, former youth in care as | ||||||
11 | defined in Section 4d of the Children and Family Services Act | ||||||
12 | who have been surrendered or adopted who are (i) between the | ||||||
13 | ages of 18 and 21 and who are seeking contact or an exchange of | ||||||
14 | information with siblings, birth relatives, former foster | ||||||
15 | parents, or former foster siblings or (ii) over the age of 21 | ||||||
16 | who are seeking contact with former foster parents or former | ||||||
17 | foster siblings shall not be required to complete an Illinois | ||||||
18 | Adoption Registry Application prior to commencement of the | ||||||
19 | search, provided that the search is performed consistent with | ||||||
20 | applicable Sections of this Act. | ||||||
21 | (e) Any licensed child welfare agency that provides | ||||||
22 | post-adoption search assistance may request non-identifying, | ||||||
23 | historical information from the Department of Children and | ||||||
24 | Family Services for private adoption agencies that have closed | ||||||
25 | whose records are housed in the State Central Storage so long | ||||||
26 | as subsection (e) of Section 18.1b procedures are followed.
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1 | (Source: P.A. 102-825, eff. 7-1-23.)
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2 | Section 95. No acceleration or delay. Where this Act makes | ||||||
3 | changes in a statute that is represented in this Act by text | ||||||
4 | that is not yet or no longer in effect (for example, a Section | ||||||
5 | represented by multiple versions), the use of that text does | ||||||
6 | not accelerate or delay the taking effect of (i) the changes | ||||||
7 | made by this Act or (ii) provisions derived from any other | ||||||
8 | Public Act.
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