94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4435

 

Introduced 01/09/06, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 47/27 new

    Amends the Gestational Surrogacy Act. Allows the gestational surrogate to request the impounding of the court file and records of the Department of Public Health concerning the surrogacy contract, medical evaluations, mental evaluations, and any other record concerning the gestational surrogacy. Provides that certified copies of all papers and documents contained in any file of the court or the Department of Public Health so impounded shall be made only on order of the court. Permits the intended parent, the attorney of record for the intended parent, the gestational surrogate, or the attorney of record for the gestational surrogate to inspect the impounded file only with leave of court. Provides that the intended parent, the attorney of record for the intended parent, the gestational surrogate, and the attorney of record for the gestational surrogate shall be entitled to receive certified copies of the court documents or Department of Public Health file concerning the proceeding for gestational surrogacy at any time within 30 days after the request for the records to be impounded without order of court. Provides that after 30 days from the request for the records to be impounded, no copies may be obtained without prior order of court, but good cause is not necessary to be shown by one of the parties to the surrogacy contract. Effective immediately.


LRB094 15286 LCT 50477 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4435 LRB094 15286 LCT 50477 b

1     AN ACT concerning families.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Gestational Surrogacy Act is amended by
5 adding Section 27 as follows:
 
6     (750 ILCS 47/27 new)
7     Sec. 27. Sealing records. Upon the request of the
8 gestational surrogate, all records concerning the surrogacy
9 contract, medical evaluations, mental evaluations, or any
10 other record concerning the gestational surrogacy maintained
11 by the Department of Public Health shall be impounded and shall
12 be opened for examination only upon specific order by the
13 court. Upon the request of the gestational surrogate, all
14 records concerning the surrogacy contract, medical
15 evaluations, mental evaluations, or any other record
16 concerning the gestational surrogacy maintained by each
17 circuit clerk shall be impounded in accordance with the
18 procedures provided by the Illinois Supreme Court's General
19 Administrative Order on Recordkeeping and shall be opened for
20 examination only upon specific order of the court, which order
21 shall name the person or persons who are to be permitted to
22 examine the file. Certified copies of all papers and documents
23 contained in any file of the court or the Department of Public
24 Health so impounded shall be made only on order of the court.
25 The intended parent, the attorney of record for the intended
26 parent, the gestational surrogate, or the attorney of record
27 for the gestational surrogate may inspect the impounded file
28 only with leave of court. The intended parent, the attorney of
29 record for the intended parent, the gestational surrogate, and
30 the attorney of record for the gestational surrogate shall be
31 entitled to receive certified copies of the court documents or
32 Department of Public Health file concerning the proceeding for

 

 

HB4435 - 2 - LRB094 15286 LCT 50477 b

1 gestational surrogacy at any time within 30 days after the
2 request for the records to be impounded without order of court.
3 After 30 days from the request for the records to be impounded,
4 no copies may be obtained without prior order of court, but
5 good cause is not necessary to be shown by one of the parties
6 to the surrogacy contract.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.