Full Text of HB5949 98th General Assembly
HB5949eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adoption Act is amended by changing Sections | 5 | | 18.05, 18.06, 18.08, 18.1, 18.1a, 18.1b, 18.2, and 18.3a as | 6 | | follows:
| 7 | | (750 ILCS 50/18.05)
| 8 | | Sec. 18.05. The Illinois Adoption Registry and Medical | 9 | | Information
Exchange. | 10 | | (a) General function. Subject to appropriation, the | 11 | | Department of Public
Health shall administer the Illinois | 12 | | Adoption Registry and
Medical Information Exchange in the | 13 | | manner outlined in subsections
(b) and (c) for the purpose of | 14 | | facilitating the voluntary exchange of identifying and
medical | 15 | | information between mutually consenting members of birth and | 16 | | adoptive families.
The Department shall establish rules for the | 17 | | confidential operation of the
Illinois Adoption
Registry. For | 18 | | The Department shall appoint an OBC-Access Public Information | 19 | | Campaign Oversight Committee comprised of, but not limited to, | 20 | | representatives of the Department of Public Health and the | 21 | | Department of Children and Family Services, as well as | 22 | | representatives of the organizations that serve, as of the | 23 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly, on the Illinois Adoption Registry Advisory Council or | 2 | | the Confidential Intermediary Advisory Council. On and after | 3 | | the effective date of this amendatory Act of the 96th General | 4 | | Assembly, the OBC-Access Public Information Campaign Oversight | 5 | | Committee shall develop and ensure the timely implementation of | 6 | | a year-long, nationwide campaign to be conducted from November | 7 | | 1, 2010, through October 31, 2011, for the express purpose of | 8 | | informing the public in earnest about the conditions under | 9 | | which an adult adopted or surrendered person may receive a | 10 | | non-certified copy of his or her original birth certificate, | 11 | | and the procedures pursuant to which a birth parent may file a | 12 | | Birth Parent Preference Form to express his or her wishes with | 13 | | respect to contact with a surrendered son or daughter and the | 14 | | release of identifying information that appears on the original | 15 | | birth certificate provide notices enclosed with driver's | 16 | | license renewal applications issued by the Secretary of State's | 17 | | office through November 30, 2020 . This year-long informational | 18 | | campaign shall include, but not be limited to: | 19 | | (1) Public service announcements to be distributed to | 20 | | local and national radio and television stations. | 21 | | (2) Notices to be distributed throughout Illinois to | 22 | | physicians' offices, religious institutions, social | 23 | | welfare organizations, retirement homes, and other | 24 | | entities capable of reaching individuals who may be | 25 | | impacted by this change in the law. | 26 | | (3) An informational website exclusively devoted to |
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| 1 | | providing the general public with information about the new | 2 | | law as well as other forms of free electronic media. | 3 | | (4) Press releases to be distributed to local and | 4 | | national radio and television stations, as well as to | 5 | | relevant websites. | 6 | | (5) Announcements about the new law to be posted on the | 7 | | websites of all adoption agencies licensed in the State. | 8 | | (6) Notices accompanying every vehicle registration | 9 | | renewal application issued by the Secretary of State's | 10 | | office between October 31, 2010, and November 1, 2011. | 11 | | (7) Notices enclosed with driver's license renewal | 12 | | applications issued by the Secretary of State's office | 13 | | beginning 30 days after the effective date of this | 14 | | amendatory Act of the 96th General Assembly and through | 15 | | November 30, 2014. | 16 | | The Illinois
Adoption
Registry shall also
maintain an | 17 | | informational Internet site where interested parties may | 18 | | access
information about the Illinois Adoption Registry and | 19 | | Medical Information
Exchange and download all necessary | 20 | | application forms. The Illinois Adoption
Registry
shall | 21 | | maintain statistical records regarding Registry participation | 22 | | and publish
and circulate to the public
informational material
| 23 | | about the function and operation of the Registry.
| 24 | | (b) Establishment of the Adoption/Surrender Records File. | 25 | | When a person has
voluntarily registered with
the Illinois | 26 | | Adoption Registry and completed an Illinois Adoption Registry
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| 1 | | Application or a Registration Identification Form, the | 2 | | Registry shall establish
a
new Adoption/Surrender Records | 3 | | File. Such file may concern
an adoption that was finalized by a | 4 | | court action in the State of Illinois, an
adoption of a person | 5 | | born in Illinois finalized
by a court action in a state other | 6 | | than Illinois or in a foreign country, a
surrender taken in the | 7 | | State of Illinois, or an adoption filed according to Section | 8 | | 16.1 of the Vital Records Act under a Record of Foreign Birth | 9 | | that was not finalized by a court action in the State of | 10 | | Illinois. Such file may be established for
adoptions or | 11 | | surrenders finalized prior to as well as after the effective | 12 | | date
of this amendatory Act. A file may be created in
any | 13 | | manner to preserve documents including but not limited to | 14 | | microfilm,
optical imaging, or electronic documents.
| 15 | | (c) Contents of the Adoption/Surrender Records File. An | 16 | | established
Adoption/Surrender
Records File shall be limited | 17 | | to the following items, to the extent that they
are
available:
| 18 | | (1) The General Information Section and Medical | 19 | | Information Exchange
Questionnaire of any Illinois | 20 | | Adoption Registry Application or a Registration
| 21 | | Identification
Form which
has been voluntarily completed | 22 | | by any registered party.
| 23 | | (2) Any photographs
voluntarily provided
by any | 24 | | registrant for any other registered party at the
time of | 25 | | registration or any time thereafter.
All such photographs | 26 | | shall be submitted in an unsealed
envelope no larger than 8 |
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| 1 | | 1/2" x 11", and shall not include identifying
information | 2 | | pertaining to any person other than the registrant
who | 3 | | submitted them.
Any such identifying information shall be | 4 | | redacted by the Department or the
information shall be | 5 | | returned for removal of identifying information.
| 6 | | (3) Any Information Exchange Authorization, Denial of | 7 | | Information
Exchange, or Birth Parent Preference Form
| 8 | | which has been filed by a registrant.
| 9 | | (4) For all adoptions finalized after January 1, 2000, | 10 | | copies of the
original certificate of live birth and the | 11 | | certificate
of adoption.
| 12 | | (5) Any updated address submitted by any registered | 13 | | party about himself or
herself.
| 14 | | (6) Any proof of death that has been submitted by a | 15 | | registrant.
| 16 | | (7) Any birth certificate that has been submitted by a | 17 | | registrant.
| 18 | | (8) Any marriage certificate that has been submitted by | 19 | | a registrant.
| 20 | | (9) Any proof of guardianship that has been submitted | 21 | | by a registrant.
| 22 | | (10) Any Request for a Non-Certified Copy of an | 23 | | Original Birth Certificate that has been filed with the | 24 | | Registry by an adult adopted or surrendered person or by a | 25 | | surviving adult child or surviving spouse of a deceased | 26 | | adopted or surrendered person who has registered with the |
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| 1 | | Registry. | 2 | | (d) An established Adoption/Surrender Records File for an | 3 | | adoption filed in Illinois under a Record of Foreign Birth that | 4 | | was not finalized in a court action in the State of Illinois | 5 | | shall be limited to the following items submitted to the State | 6 | | Registrar of Vital Records under Section 16.1 of the Vital | 7 | | Records Act, to the extent that they are available: | 8 | | (1) Evidence as to the child's birth date and | 9 | | birthplace (including the country of birth and, if | 10 | | available, the city and province of birth) provided by the | 11 | | original birth certificate, or by a certified copy, | 12 | | extract, or translation thereof or by other document | 13 | | essentially equivalent thereto (the records of the U.S. | 14 | | Citizenship and Immigration Services or of the U.S. | 15 | | Department of State to be considered essentially | 16 | | equivalent thereto). | 17 | | (2) A certified copy, extract, or translation of the | 18 | | adoption decree or other document essentially equivalent | 19 | | thereto (the records of the U.S. Citizenship and | 20 | | Immigration Services or of the U.S. Department of State to | 21 | | be considered essentially equivalent thereto). | 22 | | (3) A copy of the IR-3 or IH-3 visa. | 23 | | (4) The name and address of the adoption agency that | 24 | | handled the adoption.
| 25 | | (Source: P.A. 96-895, eff. 5-21-10; 97-445, eff. 8-19-11.)
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| 1 | | (750 ILCS 50/18.06)
| 2 | | Sec. 18.06. Definitions. When used in Sections
18.05 | 3 | | through Section 18.6, for the purposes of the Registry:
| 4 | | "Adopted person" means a person who was adopted
pursuant to | 5 | | the laws in effect at the time of the adoption.
| 6 | | "Adoptive parent" means a person who has become a parent | 7 | | through the legal
process of adoption.
| 8 | | "Adult child" means the biological child 21 years of age or | 9 | | over of a deceased adopted or surrendered person.
| 10 | | "Adult grandchild" means the biological grandchild 21 | 11 | | years of age or over of a deceased adopted or surrendered | 12 | | person. | 13 | | "Adult Adopted or Surrendered Person" means an adopted or | 14 | | surrendered person 21 years of age or over. | 15 | | "Agency" means a public child welfare agency or a licensed | 16 | | child welfare
agency.
| 17 | | "Birth aunt" means the adult full or half sister of a | 18 | | deceased birth parent.
| 19 | | "Birth father" means the biological father of an adopted or | 20 | | surrendered
person who is named on the original certificate of | 21 | | live birth or on a consent
or surrender document, or a | 22 | | biological father whose paternity has been
established by a | 23 | | judgment or order of the court, pursuant to the Illinois
| 24 | | Parentage Act of 1984.
| 25 | | "Birth mother" means the biological mother of an adopted or | 26 | | surrendered
person.
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| 1 | | "Birth parent" means a birth mother or birth father of an | 2 | | adopted or
surrendered person.
| 3 | | "Birth Parent Preference Form" means the form prepared by | 4 | | the Department of Public Health pursuant to Section 18.2 | 5 | | completed by a birth parent registrant and filed with the | 6 | | Registry that indicates the birth parent's preferences | 7 | | regarding contact and, if applicable, the release of his or her | 8 | | identifying information on the non-certified copy of the | 9 | | original birth certificate released to an adult adopted or | 10 | | surrendered person or to the surviving adult child or surviving | 11 | | spouse of a deceased adopted or surrendered person who has | 12 | | filed a Request for a Non-Certified Copy of an Original Birth | 13 | | Certificate. | 14 | | "Birth relative" means a birth mother, birth father, birth | 15 | | sibling, birth aunt, or birth uncle.
| 16 | | "Birth sibling" means the adult full or half sibling
of an | 17 | | adopted or
surrendered person.
| 18 | | "Birth uncle" means the adult full or half brother of a | 19 | | deceased birth parent.
| 20 | | "Confidential intermediary" means an individual certified | 21 | | by the Department of Children and Family Services pursuant to | 22 | | Section 18.3a(e). | 23 | | "Denial of Information Exchange" means an affidavit | 24 | | completed by a
registrant with the Illinois Adoption Registry | 25 | | and Medical Information Exchange
denying the release of | 26 | | identifying information which has been filed with the Registry.
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| 1 | | "Information Exchange Authorization" means
an affidavit | 2 | | completed by a registrant with the Illinois Adoption Registry | 3 | | and
Medical Information Exchange authorizing the release of | 4 | | identifying
information which has been filed with the Registry.
| 5 | | "Medical Information Exchange Questionnaire" means the | 6 | | medical
history
questionnaire completed by a registrant of the | 7 | | Illinois Adoption Registry and
Medical Information Exchange.
| 8 | | "Non-certified Copy of the Original Birth Certificate" | 9 | | means a non-certified copy of the original certificate of live | 10 | | birth of an adult adopted or surrendered person who was born in | 11 | | Illinois. | 12 | | "Proof of death" means a death certificate.
| 13 | | "Registrant" or "Registered Party" means a birth parent, | 14 | | birth sibling,
birth aunt, birth uncle, adopted or surrendered | 15 | | person 21 years of age or over, adoptive parent or legal
| 16 | | guardian of an adopted or surrendered person under the age of | 17 | | 21, or adoptive parent, surviving spouse, or adult child of a | 18 | | deceased adopted or surrendered person who has filed
an | 19 | | Illinois Adoption Registry Application or Registration | 20 | | Identification Form
with the Registry.
| 21 | | "Registry" means the Illinois Adoption Registry and | 22 | | Medical Information Exchange. | 23 | | "Request for a Non-Certified Copy of an Original Birth | 24 | | Certificate" means an affidavit completed by an adult adopted | 25 | | or surrendered person or by the surviving adult child or | 26 | | surviving spouse of a deceased adopted or surrendered person |
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| 1 | | and filed with the Registry requesting a non-certified copy of | 2 | | an adult adopted or surrendered person's original certificate | 3 | | of live birth in Illinois. | 4 | | "Surrendered person" means a person whose parents' rights | 5 | | have been
surrendered or terminated but who has not been | 6 | | adopted.
| 7 | | "Surviving spouse" means the wife or husband, 21 years of | 8 | | age or older, of a deceased adopted or surrendered person who | 9 | | would be 21 years of age or older if still alive and who has one | 10 | | or more surviving biological children who are under the age of | 11 | | 21.
| 12 | | "18.3 Statement" means a statement regarding the | 13 | | disclosure of identifying information signed by a birth parent | 14 | | under Section 18.3 of this Act as it existed immediately prior | 15 | | to the effective date of this amendatory Act of the 96th | 16 | | General Assembly. | 17 | | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
| 18 | | (750 ILCS 50/18.08) | 19 | | Sec. 18.08. Adoption Registry-Confidential Intermediary | 20 | | Advisory Council. | 21 | | (a) There shall be established under the Department of | 22 | | Public Health and the Department of Children and Family | 23 | | Services the Adoption Registry-Confidential Intermediary | 24 | | Advisory Council. The Council shall include: | 25 | | (1) the Director of the Department of Public Health, or |
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| 1 | | his or her designee, who shall serve as the co-chairperson | 2 | | of the Council; | 3 | | (2) the Director of the Department of Children and | 4 | | Family Services, or his or her designee, who shall serve as | 5 | | the co-chairperson of the Council; | 6 | | (3) an attorney representing the Attorney General's | 7 | | Office appointed by the Attorney General; | 8 | | (4) a currently certified confidential intermediary | 9 | | appointed by the Director of the Department of Children and | 10 | | Family Services; | 11 | | (5) one representative from each of the following | 12 | | organizations appointed by the Director of the Department | 13 | | of Public Health: Adoption Advocates of America, Adoptive | 14 | | Families Today, Catholic Conference of Illinois, Chicago | 15 | | Area Families for Adoption, Chicago Bar Association, Child | 16 | | Care Association of Illinois, Children Remembered, Inc., | 17 | | Children's Home and Aid Society of Illinois, Child Welfare | 18 | | Advisory Council, The Cradle, Healing Hearts, Illinois | 19 | | Foster Parents Association, Illinois State Bar | 20 | | Association, Illinois State Medical Society, Jewish | 21 | | Children's Bureau, LDS Social Services, Lutheran Social | 22 | | Services of Illinois, Maryville Academy, Midwest Adoption | 23 | | Center, St. Mary's Services, Stars of David, and | 24 | | Truthseekers in Adoption , and White Oak Foundation ; | 25 | | (6) 5 additional members appointed by the Director of | 26 | | the Department of Children and Family Services who shall, |
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| 1 | | when making those appointments, consider advocates for | 2 | | adopted persons, adoptive parents, or birth parents, | 3 | | lawyers who represent clients in private adoptions, | 4 | | lawyers specializing in privacy law, and representatives | 5 | | of agencies involved in adoptions; | 6 | | (7) an attorney from the Department of Children and | 7 | | Family Services, who shall serve as an ex-officio, | 8 | | non-voting advisor to the Council; and | 9 | | (8) the person directly responsible for administering | 10 | | the confidential intermediary program, who shall serve as | 11 | | an ex-officio, non-voting advisor to the Council. | 12 | | (b) If any one of the named organizations in item (5) of | 13 | | subsection (a) notifies the Director of the Department of | 14 | | Public Health or the Director of the Department of Children and | 15 | | Family Services in writing that the organization does not wish | 16 | | to participate on the Adoption Registry-Confidential | 17 | | Intermediary Advisory Council or that the organization is no | 18 | | longer functioning, the Directors may designate another | 19 | | organization that represents the same constituency as the named | 20 | | organization to replace the named organization on the Council. | 21 | | (c) Council members shall receive no compensation for their | 22 | | service. The Council shall meet no less often than once every 6 | 23 | | months and shall meet as the Director of the Department of | 24 | | Public Health or the Director of the Department of Children and | 25 | | Family Services deems necessary. The Council shall have only an | 26 | | advisory role to the Directors and may make recommendations to |
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| 1 | | the pertinent Department regarding the development of rules, | 2 | | procedures, and forms that will promote the efficient and | 3 | | effective operation of (i) the Illinois Adoption Registry, (ii) | 4 | | the Office of Vital Records as it pertains to the Registry and | 5 | | to access to the non-certified copy of the original birth | 6 | | certificate, and (iii) the Confidential Intermediary Program | 7 | | in Illinois. The Council will also serve in an advisory | 8 | | capacity regarding the effective delivery of adult | 9 | | post-adoption services in Illinois, including: | 10 | | (1) advising the Department of Public Health on the | 11 | | development of rules, procedures, and forms utilized by the | 12 | | Illinois Adoption Registry and Medical Information | 13 | | Exchange; | 14 | | (2) making recommendations regarding the procedures, | 15 | | tools, and technology that will promote efficient and | 16 | | effective operation of the Registry; | 17 | | (3) assisting the Department of Public Health with the | 18 | | development, publication, and circulation of an | 19 | | informational pamphlet that describes the purpose, | 20 | | function, and mechanics of the Illinois Adoption Registry | 21 | | and Medical Information Exchange, including information | 22 | | about who is eligible to register and how to register; | 23 | | information about the questions and concerns that | 24 | | registrants may develop when they register or when they | 25 | | receive information from the Registry; and a list of | 26 | | services, programs, groups, and informational websites |
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| 1 | | that are available to assist registrants with their | 2 | | questions and concerns; | 3 | | (4) collecting, compiling, and reviewing statistical | 4 | | data and empirical information concerning the procedures | 5 | | in the Registry including, but not limited to, data | 6 | | concerning the filing of Denials of Information Exchange, | 7 | | Information Exchange Authorizations, Requests for a | 8 | | Non-Certified Copy of an Original Birth Certificate, and | 9 | | Birth Parent Preference Forms; | 10 | | (5) making recommendations to the Director of the | 11 | | Department of Children and Family Services regarding the | 12 | | standards for certification for confidential | 13 | | intermediaries; | 14 | | (6) making recommendations to the Director of the | 15 | | Department of Children and Family Services concerning | 16 | | oversight methods used to verify that intermediaries are | 17 | | complying with the appropriate laws; | 18 | | (7) assisting the Department of Children and Family | 19 | | Services with training for confidential intermediaries, | 20 | | including training with respect to federal and State | 21 | | privacy laws; | 22 | | (8) reviewing the relationship between confidential | 23 | | intermediaries and the court system and making | 24 | | recommendations to the Director of the Department of | 25 | | Children and Family Services concerning sample orders that | 26 | | define the scope of the intermediaries' access to |
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| 1 | | information; | 2 | | (9) considering any recent violations of policy or | 3 | | procedures by confidential intermediaries and remedial | 4 | | steps, including decertification, which might be | 5 | | recommended to the Director of the Department of Children | 6 | | and Family Services so as to prevent future violations; and | 7 | | (10) reviewing reports from the Department of Children | 8 | | and Family Services submitted by July 1 and January 1 of | 9 | | each year in order detailing the penalties assessed and | 10 | | collected, the amounts of related deposits into the DCFS | 11 | | Children's Services Fund, and any expenditures from such | 12 | | deposits. | 13 | | (d) Within 45 days after the effective date of this | 14 | | amendatory Act of the 97th General Assembly, both the Adoption | 15 | | Registry Advisory Council and the Confidential Intermediary | 16 | | Council shall, notwithstanding any other provision of this Act, | 17 | | turn over the Council's records to the Adoption | 18 | | Registry-Confidential Intermediary Advisory Council and cease | 19 | | to function.
| 20 | | (Source: P.A. 97-1063, eff. 1-1-13.)
| 21 | | (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
| 22 | | Sec. 18.1. Disclosure of identifying information.
| 23 | | (a) The Department of Public Health shall establish and | 24 | | maintain a
Registry for the purpose of allowing mutually
| 25 | | consenting members of birth and adoptive families to exchange |
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| 1 | | identifying and medical information. Identifying information | 2 | | for
the purpose of this Act shall mean any one or more of the | 3 | | following:
| 4 | | (1) The name and last known address of the consenting | 5 | | person or persons.
| 6 | | (2) A copy of the Illinois Adoption Registry | 7 | | Application of the
consenting person or persons.
| 8 | | (3) A non-certified copy of the original birth | 9 | | certificate of an adult adopted
or surrendered person.
| 10 | | (b) Written authorization from all parties identified must | 11 | | be received prior
to disclosure of any identifying information, | 12 | | with the exception of non-certified copies of original birth | 13 | | certificates released to adult adopted or surrendered persons | 14 | | or to surviving adult children and surviving spouses of | 15 | | deceased adopted or surrendered persons pursuant to the | 16 | | procedures outlined in Section 18.1b(e).
| 17 | | (c) At any time after a child is surrendered for adoption, | 18 | | or at any
time during the adoption proceedings or at any time | 19 | | thereafter, either
birth parent or both of them may file with | 20 | | the Registry a Birth
Parent Registration Identification Form.
| 21 | | (d) A birth sibling 21 years of age or over who was not | 22 | | surrendered for
adoption and who has submitted a copy of his or | 23 | | her birth certificate as well as proof of death for a deceased | 24 | | birth parent
and such birth parent did not file a Denial of | 25 | | Information Exchange or a Birth Parent Preference Form on which | 26 | | Option E was selected with the
Registry prior to his or her |
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| 1 | | death may file a Registration Identification Form
and an | 2 | | Information Exchange Authorization or a Denial of Information | 3 | | Exchange.
| 4 | | (e) A birth aunt or birth uncle who has submitted birth | 5 | | certificates for himself or herself and for a deceased birth | 6 | | parent naming at least one common biological parent as well as | 7 | | proof of death for the deceased birth parent and such birth | 8 | | parent did not file a Denial of Information Exchange or a Birth | 9 | | Parent Preference Form on which Option E was selected with the | 10 | | Registry prior to his or her death may file a Registration | 11 | | Identification Form and an Information Exchange Authorization | 12 | | or a Denial of Information Exchange.
| 13 | | (f) Any adopted person 21 years of age or over, any | 14 | | surrendered person
21 years of age or over, or any adoptive | 15 | | parent or legal guardian of an
adopted or surrendered person | 16 | | under the age of 21 may file with the Registry
a Registration | 17 | | Identification Form and an Information Exchange Authorization
| 18 | | or a Denial of Information Exchange.
| 19 | | (g) Any adult child or adult grandchild 21 years of age or | 20 | | over of a deceased adopted or surrendered person who has | 21 | | submitted a copy of his or her birth certificate naming an | 22 | | adopted or surrendered person as his or her biological parent | 23 | | as well as proof of death for the deceased adopted or | 24 | | surrendered person and such adopted or surrendered person did | 25 | | not file a Denial of Information Exchange with the Registry | 26 | | prior to his or her death may file a Registration |
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| 1 | | Identification Form and an Information Exchange Authorization | 2 | | or a Denial of Information Exchange.
| 3 | | (h) Any surviving spouse of a deceased adopted or | 4 | | surrendered person 21 years of age or over who has submitted | 5 | | proof of death for the deceased adopted or surrendered person | 6 | | and such adopted or surrendered person did not file a Denial of | 7 | | Information Exchange with the Registry prior to his or her | 8 | | death as well as a birth certificate naming themselves and the | 9 | | adopted or surrendered person as the parents of a minor child | 10 | | under the age of 21 may file a Registration Identification Form | 11 | | and an Information Exchange Authorization or a Denial of | 12 | | Information Exchange.
| 13 | | (i) Any adoptive parent or legal guardian of a deceased | 14 | | adopted or surrendered person who is 21 years of age or over | 15 | | who has submitted proof of death as well as proof of parentage | 16 | | or guardianship for the deceased adopted or surrendered person | 17 | | and such adopted or surrendered person did not file a Denial of | 18 | | Information Exchange with the Registry prior to his or her | 19 | | death may file a Registration Identification Form and an | 20 | | Information Exchange Authorization or a Denial of Information | 21 | | Exchange.
| 22 | | (j) The Department of Public Health shall supply to the | 23 | | adopted or
surrendered person or his or her adoptive parents, | 24 | | legal guardians, adult children , adult grandchildren, or | 25 | | surviving spouse, and
to the birth parents identifying | 26 | | information only if both the adopted or
surrendered person, or |
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| 1 | | one of his or her adoptive parents, legal guardians, adult | 2 | | children , adult grandchildren, or his or her surviving spouse, | 3 | | and
the birth parents have filed with the Registry an | 4 | | Information Exchange
Authorization or a Birth Parent | 5 | | Preference Form on which Option A, B, or C was selected and the | 6 | | information at the Registry indicates that the
consenting | 7 | | adopted or surrendered person, the child of the consenting
| 8 | | adoptive parents or legal guardians, the parent of the | 9 | | consenting adult child of the adopted or surrendered person, or | 10 | | the deceased wife or husband of the consenting surviving spouse
| 11 | | is the child of the consenting birth
parents, except | 12 | | identifying information that appears on a non-certified copy of | 13 | | an original birth certificate may be provided to an adult | 14 | | adopted or surrendered person or to the surviving adult child , | 15 | | adult grandchild, or surviving spouse of a deceased adopted or | 16 | | surrendered person pursuant to the procedures outlined in | 17 | | Section 18.1b(e) of this Act.
| 18 | | The Department of Public Health shall supply to adopted or | 19 | | surrendered
persons who are birth siblings identifying | 20 | | information only if both siblings
have filed with the Registry | 21 | | an Information Exchange Authorization and the
information at | 22 | | the Registry indicates that the consenting siblings have one
or | 23 | | both birth parents in common. Identifying information shall be | 24 | | supplied to
consenting birth siblings who were adopted or | 25 | | surrendered if any such sibling
is 21 years of age or over. | 26 | | Identifying information shall be supplied to
consenting birth |
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| 1 | | siblings who were not adopted or surrendered if any such
| 2 | | sibling is 21 years of age or over and has proof of death of the | 3 | | common birth
parent and such birth parent did not file a Denial | 4 | | of Information Exchange or a Birth Parent Preference Form on | 5 | | which Option E was selected
with the Registry prior to his or | 6 | | her death.
| 7 | | (k) The Department of Public Health shall supply to the | 8 | | adopted or surrendered person or his or her adoptive parents, | 9 | | legal guardians, adult children , adult grandchildren, or | 10 | | surviving spouse, and to a birth aunt identifying information | 11 | | only if both the adopted or surrendered person or one of his or | 12 | | her adoptive parents, legal guardians, adult children , adult | 13 | | grandchildren, or his or her surviving spouse, and the birth | 14 | | aunt have filed with the Registry an Information Exchange | 15 | | Authorization and the information at the Registry indicates | 16 | | that the consenting adopted or surrendered person, or the child | 17 | | of the consenting adoptive parents or legal guardians, or the | 18 | | parent of the consenting adult child, or the deceased wife or | 19 | | husband of the consenting surviving spouse of the adopted or | 20 | | surrendered person is or was the child of the brother or sister | 21 | | of the consenting birth aunt.
| 22 | | (l) The Department of Public Health shall supply to the | 23 | | adopted or surrendered person or his or her adoptive parents, | 24 | | legal guardians, adult children , adult grandchildren, or | 25 | | surviving spouse, and to a birth uncle identifying information | 26 | | only if both the adopted or surrendered person or one of his or |
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| 1 | | her adoptive parents, legal guardians, adult children , adult | 2 | | grandchildren, or his or her surviving spouse, and the birth | 3 | | uncle have filed with the Registry an Information Exchange | 4 | | Authorization and the information at the Registry indicates | 5 | | that the consenting adopted or surrendered person, or the child | 6 | | of the consenting adoptive parents or legal guardians, or the | 7 | | parent of the consenting adult child, or the deceased wife or | 8 | | husband of the consenting surviving spouse of the adopted or | 9 | | surrendered person is or was the child of the brother or sister | 10 | | of the consenting birth uncle.
| 11 | | (m) A registrant
may notify the Registry of his or her
| 12 | | desire not to have identifying information revealed or may | 13 | | revoke any previously
filed Information Exchange Authorization | 14 | | by completing and filing with the
Registry a Registry | 15 | | Identification Form along with a Denial of Information
Exchange | 16 | | or, if applicable, a Birth Parent Preference Form. Any | 17 | | registrant, except a birth parent, may revoke his or her Denial | 18 | | of Information Exchange by filing
an Information Exchange | 19 | | Authorization. A birth parent may revoke a Denial of | 20 | | Information Exchange by filing a Birth Parent Preference Form. | 21 | | Any birth parent who has previously filed a Birth Parent | 22 | | Preference Form where Option E was selected may revoke such | 23 | | preference by filing a subsequent Birth Parent Preference Form | 24 | | and selecting Option A, B, C, or D. The Department of Public | 25 | | Health shall
act in accordance with the most recently filed | 26 | | affidavit.
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| 1 | | (n) Identifying information ascertained from the Registry | 2 | | shall be
confidential and may be disclosed only (1) upon a | 3 | | Court Order, which order
shall name the person or persons | 4 | | entitled to the information, or (2) to a registrant who is the | 5 | | subject of an Information Exchange
Authorization or, if | 6 | | applicable, a Birth Parent Preference Form that was completed | 7 | | by another registrant and filed with the Illinois Adoption | 8 | | Registry and Medical Information Exchange, or (3) as authorized | 9 | | under subsection (h) of Section 18.3 of
this Act, or (4) | 10 | | pursuant to the procedures outlined in Section 18.1b(e) of this | 11 | | Act. Any person who willfully provides unauthorized
disclosure | 12 | | of any information filed with the Registry or who knowingly or
| 13 | | intentionally files false information with the Registry shall | 14 | | be guilty of
a Class A misdemeanor and shall be liable for | 15 | | damages.
| 16 | | (o) If information is disclosed pursuant to this Act, the | 17 | | Department shall
redact it to remove any identifying | 18 | | information about any party who has not
consented to the | 19 | | disclosure of such identifying information, or, in the case of | 20 | | identifying information on the original birth certificate, | 21 | | pursuant to Section 18.1b(e) of this Act.
| 22 | | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
| 23 | | (750 ILCS 50/18.1a)
| 24 | | Sec. 18.1a. Registry matches.
| 25 | | (a) The Registry shall release identifying information, as |
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| 1 | | specified on
the applicant's Information Exchange | 2 | | Authorization or, if applicable, a Birth Parent Preference | 3 | | Form, to the following
mutually consenting registered parties
| 4 | | and provide them with any photographs or correspondence which | 5 | | have been placed in the
Adoption/Surrender Records File and
are | 6 | | specifically intended for the registered parties:
| 7 | | (i) an adult adopted or surrendered person and one of | 8 | | his or her birth
relatives who have both filed an | 9 | | applicable Information
Exchange Authorization or, if | 10 | | applicable, a Birth Parent Preference Form specifying the | 11 | | other consenting party with the Registry,
if
information | 12 | | available to the Registry
confirms that the consenting | 13 | | adopted or surrendered person is biologically related to | 14 | | the consenting birth relative;
| 15 | | (ii) the adoptive parent or legal guardian of an | 16 | | adopted or surrendered
person under the age of 21
and one | 17 | | of the adopted or surrendered person's birth relatives who
| 18 | | have both filed an Information Exchange Authorization | 19 | | specifying the other
consenting party, or, if applicable, a | 20 | | Birth Parent Preference Form, with the Registry, if
| 21 | | information available to the Registry confirms that the | 22 | | child of the consenting
adoptive parent or legal guardian | 23 | | is biologically related to the
consenting
birth relative; | 24 | | and
| 25 | | (iii) the adoptive parent, adult child , adult | 26 | | grandchild, or surviving spouse of a deceased adopted or |
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| 1 | | surrendered person, and one of the adopted or surrendered | 2 | | person's birth relatives who have both filed an applicable | 3 | | Information Exchange Authorization specifying the other | 4 | | consenting party or, if applicable, a Birth Parent | 5 | | Preference Form, with the Registry, if information | 6 | | available to the Registry confirms that the child of the | 7 | | consenting adoptive parent, the parent of the consenting | 8 | | adult child or the deceased wife or husband of the | 9 | | consenting surviving spouse of the adopted or surrendered | 10 | | person was biologically related to the consenting birth | 11 | | relative.
| 12 | | (b) If a registrant is the subject of a Denial of
| 13 | | Information Exchange filed by another registered party or is an | 14 | | adopted or surrendered person, or the surviving relative of a | 15 | | deceased adopted or surrendered person, and a birth parent of | 16 | | the adopted or surrendered person completed a Birth Parent | 17 | | Preference Form and selected Option E, the Registry shall
not | 18 | | release identifying information to either registrant or, if | 19 | | applicable, to an adopted person who has requested a copy of | 20 | | his or her original birth certificate, with the exception of | 21 | | non-certified copies of the original birth certificate | 22 | | released under Section 18.1b(e), and as to a birth parent who | 23 | | has prohibited release of identifying information on the | 24 | | original birth certificate to the adult adopted or surrendered | 25 | | person, upon the death of said birth parent.
| 26 | | (c) If a registrant has completed a Medical Information |
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| 1 | | Exchange
Questionnaire and has consented to its disclosure, | 2 | | that Questionnaire shall be
released to any registered party | 3 | | who has indicated their desire to receive such
information on | 4 | | his or her Illinois Adoption Registry Application, if
| 5 | | information available to the Registry
confirms that the | 6 | | consenting parties are biologically related, that the | 7 | | consenting
birth relative and the child of the consenting | 8 | | adoptive parents or legal
guardians are birth relatives, or | 9 | | that the consenting birth relative and the deceased wife or | 10 | | husband of the consenting surviving spouse are birth relatives.
| 11 | | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
| 12 | | (750 ILCS 50/18.1b)
| 13 | | Sec. 18.1b. The Illinois Adoption Registry Application. | 14 | | The Illinois
Adoption Registry Application shall substantially | 15 | | include the following:
| 16 | | (a) General Information. The Illinois Adoption Registry
| 17 | | Application shall include the space to provide Information | 18 | | about the registrant
including his or her
surname, given name | 19 | | or names, social security number (optional), mailing
address, | 20 | | home telephone number, gender, date and place of birth, and the | 21 | | date
of registration. If applicable and known
to the | 22 | | registrant, he or she may include the maiden surname of the
| 23 | | birth mother, any subsequent surnames of the birth mother, the | 24 | | surname of the
birth father, the given name or names of the | 25 | | birth parents, the dates and
places of birth of the birth |
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| 1 | | parents, the surname and given name or names of
the adopted | 2 | | person prior to adoption, the gender and date and place of | 3 | | birth of
the adopted or surrendered person, the name of the | 4 | | adopted person following
his or her adoption and the state and | 5 | | county where the judgment of adoption was
finalized.
| 6 | | (b) Medical Information Exchange Questionnaire. In | 7 | | recognition of
the importance of medical information and of | 8 | | recent discoveries regarding the
genetic origin of many medical | 9 | | conditions and diseases all registrants shall be
asked to | 10 | | voluntarily complete a Medical
Information Exchange | 11 | | Questionnaire. The Medical Information Exchange Questionnaire | 12 | | shall include a comprehensive check-list of medical conditions | 13 | | and diseases including those of genetic origin.
| 14 | | (1) Birth relatives shall be asked to indicate all | 15 | | genetically-inherited diseases
and
conditions on this
list | 16 | | which are known to exist in the adopted or surrendered | 17 | | person's birth
family at the time of registration.
In | 18 | | addition, all birth relatives
shall be apprised of the | 19 | | Registry's provisions for voluntarily submitting
| 20 | | information about their and their family's medical
| 21 | | histories on a confidential, ongoing basis.
| 22 | | (2) Adopted and surrendered persons and their adoptive | 23 | | parents, legal
guardians, adult children, adult | 24 | | grandchildren, and surviving spouses shall be asked to | 25 | | indicate all
genetically-inherited diseases and medical | 26 | | conditions with which the adopted or
surrendered person or, |
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| 1 | | if applicable, his or her children have been diagnosed
| 2 | | since birth.
| 3 | | (3) The Medical Information Exchange Questionnaire
| 4 | | shall include a space where the registrant may authorize | 5 | | the release of the
Medical Information Exchange | 6 | | Questionnaire to specified registered parties and a
| 7 | | disclaimer
informing registrants that the Department of | 8 | | Public Health cannot guarantee the
accuracy of medical | 9 | | information exchanged through the Registry.
| 10 | | (c) Written statement. All registrants shall be given the
| 11 | | opportunity to voluntarily file a written statement with the | 12 | | Registry. This
statement
shall be submitted in the space | 13 | | provided.
No written statement submitted to the Registry
shall | 14 | | include identifying information pertaining to any person other | 15 | | than the
registrant who submitted it.
Any such identifying | 16 | | information shall be redacted by the Department or
returned for | 17 | | removal of identifying information.
| 18 | | (d) Exchange of information. All registrants except birth | 19 | | parents may indicate their
wishes regarding contact and the | 20 | | exchange of identifying and/or medical information with any | 21 | | other registrant by completing an
Information Exchange | 22 | | Authorization or a Denial of Information Exchange. Birth | 23 | | parents may indicate their wishes regarding contact by filing a | 24 | | Birth Parent Preference Form pursuant to the procedures | 25 | | outlined in this Section.
| 26 | | (1) Information Exchange Authorization. Adopted or |
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| 1 | | surrendered persons 21
years of age or over who are | 2 | | interested in exchanging identifying and/or medical | 3 | | information or would welcome contact with one or more of | 4 | | their
birth relatives;
birth siblings 21 years of age or | 5 | | over who were adopted or surrendered and who
are interested | 6 | | in exchanging identifying and/or medical information or | 7 | | would welcome contact with an adopted or surrendered | 8 | | person, or one or more of
his or her adoptive parents, | 9 | | legal guardians, adult children, adult grandchildren, or a | 10 | | surviving spouse; birth siblings 21 years of age
or
over | 11 | | who were not surrendered and who have submitted proof of | 12 | | death for any
common
birth parent
who did not file a Denial | 13 | | of Information Exchange or a Birth Parent Preference Form | 14 | | on which Option E was selected prior to his or her death,
| 15 | | and who are interested in exchanging identifying and/or | 16 | | medical information or would welcome contact with an | 17 | | adopted or surrendered person, or one or
more of his or her | 18 | | adoptive parents,
legal guardians, adult children, adult | 19 | | grandchildren, or a surviving spouse; birth aunts and birth | 20 | | uncles 21 years of age or over who have submitted birth | 21 | | certificates for themselves and a deceased birth parent | 22 | | naming at least one common biological parent as well as | 23 | | proof of death for a deceased birth parent and who are | 24 | | interested in exchanging identifying and/or medical | 25 | | information or would welcome contact with an adopted or | 26 | | surrendered person 21 years of age or over, or one or more |
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| 1 | | of his or her adoptive parents, legal guardians, adult | 2 | | children , adult grandchildren, or a surviving spouse;
| 3 | | adoptive parents or
legal guardians of
adopted or | 4 | | surrendered persons under the age of 21 who are interested | 5 | | in exchanging identifying and/or medical information or | 6 | | would welcome
contact with one or more of the adopted or | 7 | | surrendered person's birth relatives; adoptive parents and | 8 | | legal guardians of deceased adopted or surrendered persons | 9 | | 21 years of age or over who have submitted proof of death | 10 | | for a deceased adopted or surrendered person who did not | 11 | | file a Denial of Information Exchange prior to his or her | 12 | | death and who are interested in exchanging identifying | 13 | | and/or medical information or would welcome contact with | 14 | | one or more of the adopted or surrendered person's birth | 15 | | relatives; adult children of deceased adopted or | 16 | | surrendered persons who have submitted a birth certificate | 17 | | naming the adopted or surrendered person as their | 18 | | biological parent , and, in the case of adult grandchildren, | 19 | | their birth certificate and a birth certificate naming the | 20 | | adopted or surrendered person as their parent's biological | 21 | | parent, and proof of death for an adopted or surrendered | 22 | | person who did not file a Denial of Information Exchange | 23 | | prior to his or her death; and surviving spouses of | 24 | | deceased adopted or surrendered persons who have submitted | 25 | | a marriage certificate naming an adopted or surrendered | 26 | | person as their deceased wife or husband and proof of death |
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| 1 | | for an adopted or surrendered person who did not file a | 2 | | Denial of Information Exchange prior to his or her death | 3 | | and who are interested in exchanging identifying and/or | 4 | | medical information or would welcome contact with one or | 5 | | more of the adopted or surrendered person's birth relatives | 6 | | may specify with whom they
wish to exchange identifying | 7 | | information by
filing an Information Exchange | 8 | | Authorization.
| 9 | | (2) Denial of Information Exchange. Adopted or | 10 | | surrendered persons 21
years of age or over who do not wish | 11 | | to exchange identifying information or establish contact | 12 | | with one or
more of their birth relatives may specify
with | 13 | | whom they do not wish to exchange
identifying information | 14 | | or do not wish to establish contact by filing a Denial of
| 15 | | Information Exchange. Birth relatives other than birth | 16 | | parents who do not wish to
establish contact with an
| 17 | | adopted or surrendered person or one or more of his or her | 18 | | adoptive parents,
legal guardians, or adult children or | 19 | | adult grandchildren may specify with whom they do not wish | 20 | | to exchange identifying
information or do not wish to | 21 | | establish contact by filing a Denial of Information | 22 | | Exchange. Birth parents who wish to prohibit the release of | 23 | | their identifying information on the original birth | 24 | | certificate released to an adult adopted or surrendered | 25 | | person who was born after January 1, 1946, or to the | 26 | | surviving adult child , adult grandchild, or surviving |
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| 1 | | spouse of a deceased adopted or surrendered person who was | 2 | | born after January 1, 1946, may do so by filing a Denial | 3 | | with the Registry on or before December 31, 2010. Adoptive | 4 | | parents or
legal guardians of adopted or surrendered | 5 | | persons under the age of 21 who do
not wish to establish | 6 | | contact with one or more of the adopted or
surrendered | 7 | | person's birth relatives may specify with whom they
do not | 8 | | wish to exchange identifying
information by filing a Denial | 9 | | of Information Exchange. Adoptive parents, adult children, | 10 | | adult grandchildren, and surviving spouses of deceased | 11 | | adoptees who do not wish to exchange identifying | 12 | | information or establish contact with one or more of the | 13 | | adopted or surrendered person's birth relatives may | 14 | | specify with whom they do not wish to exchange identifying | 15 | | information or do not wish to establish contact by filing a | 16 | | Denial of Information Exchange.
| 17 | | (3) Birth Parent Preference Form. Beginning January 1, | 18 | | 2011, birth parents who are eligible to register with the | 19 | | Illinois Adoption Registry and Medical Information | 20 | | Exchange and whose birth child was born on or after January | 21 | | 1, 1946 may communicate their wishes regarding contact or | 22 | | may prohibit the release of identifying information on the | 23 | | non-certified copy of the original birth certificate | 24 | | released under subsection (e) of this Section by filing a | 25 | | Birth Parent Preference Form with the Registry. Birth | 26 | | parents whose birth child was born before January 1, 1946, |
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| 1 | | may communicate their wishes regarding contact by | 2 | | completing a Birth Parent Preference Form, selecting | 3 | | Option A, B, C, or D, and filing the form with the | 4 | | Registry, but may not prohibit the release of identifying | 5 | | information. All Birth Parent Preference Forms on file with | 6 | | the Registry at the time of receipt of a Request for a | 7 | | Non-Certified Copy of an Original Birth Certificate from an | 8 | | adult adopted or surrendered person or the surviving adult | 9 | | child , surviving adult grandchild, or surviving spouse of a | 10 | | deceased adopted or surrendered person shall be forwarded | 11 | | to the relevant adopted or surrendered person or surviving | 12 | | adult child , surviving adult grandchild, or surviving | 13 | | spouse of a deceased adopted or surrendered person along | 14 | | with a non-certified copy of the adopted or surrendered | 15 | | person's original birth certificate as outlined in | 16 | | subsection (e) of this Section. | 17 | | (e) Procedures for requesting a non-certified copy of an | 18 | | original birth certificate by an adult adopted or surrendered | 19 | | person or by a surviving adult child , adult grandchild, or | 20 | | surviving spouse of a deceased adopted or surrendered person: | 21 | | (1) On or after the effective date of this amendatory | 22 | | Act of the 96th General Assembly, any adult adopted or | 23 | | surrendered person who was born in Illinois prior to | 24 | | January 1, 1946, may complete and file with the Registry a | 25 | | Request for a Non-Certified Copy of an Original Birth | 26 | | Certificate. The Registry shall provide such adult adopted |
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| 1 | | or surrendered person with an unaltered, non-certified | 2 | | copy of his or her original birth certificate upon receipt | 3 | | of the Request for a Non-Certified Copy of an Original | 4 | | Birth Certificate. Additionally, in cases where an adopted | 5 | | or surrendered person born in Illinois prior to January 1, | 6 | | 1946, is deceased, and one of his or her surviving adult | 7 | | children , adult grandchildren, or his or her surviving | 8 | | spouse has registered with the Registry, he or she may | 9 | | complete and file with the Registry a Request for a | 10 | | Non-Certified Copy of an Original Birth Certificate. The | 11 | | Registry shall provide such surviving adult child , adult | 12 | | grandchild, or surviving spouse with an unaltered, | 13 | | non-certified copy of the adopted or surrendered person's | 14 | | original birth certificate upon receipt of the Request for | 15 | | a Non-Certified Copy of an Original Birth Certificate. | 16 | | (2) Beginning November 15, 2011, any adult adopted or | 17 | | surrendered person who was born in Illinois on or after | 18 | | January 1, 1946, may complete and file with the Registry a | 19 | | Request for a Non-certified Copy of an Original Birth | 20 | | Certificate. Additionally, in cases where the adopted or | 21 | | surrendered person is deceased and one of his or her | 22 | | surviving adult children , adult grandchildren, or his or | 23 | | her surviving spouse has registered with the Registry, he | 24 | | or she may complete and file with the Registry a Request | 25 | | for a Non-Certified Copy of an Original Birth Certificate.
| 26 | | Upon receipt of such request from an adult adopted or |
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| 1 | | surrendered person or from one of his or her surviving | 2 | | adult children , adult grandchildren, or his or her | 3 | | surviving spouse, the Registry shall: | 4 | | (i) Determine if there is a Denial of Information | 5 | | Exchange which was filed by a birth parent named on the | 6 | | original birth certificate prior to January 1, 2011. If | 7 | | a Denial was filed by a birth parent named on the | 8 | | original birth certificate prior to January 1, 2011, | 9 | | and there is no proof of death in the Registry file for | 10 | | the birth parent who filed said Denial, the Registry | 11 | | shall inform the requesting adult adopted or | 12 | | surrendered person or the requesting surviving adult | 13 | | child , adult grandchild, or surviving spouse of a | 14 | | deceased adopted or surrendered person that they may | 15 | | receive a non-certified copy of the original birth | 16 | | certificate from which all identifying information | 17 | | pertaining to the birth parent who filed the Denial has | 18 | | been redacted. A requesting adult adopted or | 19 | | surrendered person shall also be informed in writing of | 20 | | his or her right to petition the court for the | 21 | | appointment of a confidential intermediary pursuant to | 22 | | Section 18.3a of this Act and, if applicable, to | 23 | | conduct a search through an agency post-adoption | 24 | | search program once 5 years have elapsed since the | 25 | | birth parent filed the Denial of Information Exchange | 26 | | with the Registry. |
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| 1 | | (ii) Determine if a birth parent named on the | 2 | | original birth certificate has filed a Birth Parent | 3 | | Preference Form. If one of the birth parents named on | 4 | | the original birth certificate filed a Birth Parent | 5 | | Preference Form and selected Option A, B, C, or D, the | 6 | | Registry shall forward to the adult adopted or | 7 | | surrendered person or to the surviving adult child , | 8 | | adult grandchild, or surviving spouse of a deceased | 9 | | adopted or surrendered person a copy of the Birth | 10 | | Parent Preference Form along with an unaltered | 11 | | non-certified copy of his or her original birth | 12 | | certificate.
If one of the birth parents named on the | 13 | | original birth certificate filed a Birth Parent | 14 | | Preference Form and selected Option E, and there is no | 15 | | proof of death in the Registry file for the birth | 16 | | parent who filed said Birth Parent Preference Form, the | 17 | | Registry shall inform the requesting adult adopted or | 18 | | surrendered person or the requesting surviving adult | 19 | | child , adult grandchild, or surviving spouse of a | 20 | | deceased adopted or surrendered person that he or she | 21 | | may receive a non-certified copy of the original birth | 22 | | certificate from which identifying information | 23 | | pertaining to the birth parent who completed the Birth | 24 | | Parent Preference Form has been redacted per the birth | 25 | | parent's specifications on the Form. The Registry | 26 | | shall forward to the adult adopted or surrendered |
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| 1 | | person or to the surviving adult child , adult | 2 | | grandchild, or surviving spouse of a deceased adopted | 3 | | or surrendered person a copy of the Birth Parent | 4 | | Preference Form filed by the birth parent from which | 5 | | identifying information has been redacted per the | 6 | | birth parent's specifications on the Form. The | 7 | | requesting adult adopted or surrendered person shall | 8 | | also be informed in writing of his or her right to | 9 | | petition the court for the appointment of a | 10 | | confidential intermediary pursuant to Section 18.3a of | 11 | | this Act, and, if applicable, to conduct a search | 12 | | through an agency post-adoption search program once 5 | 13 | | years have elapsed since the birth parent filed the | 14 | | Birth Parent Preference Form, on which Option E was | 15 | | selected, with the Registry. | 16 | | (iii) Determine if a birth parent named on the | 17 | | original birth certificate has filed an Information | 18 | | Exchange Authorization. | 19 | | (iv) If the Registry has confirmed that a | 20 | | requesting adult adopted or surrendered person or the | 21 | | parent of a requesting adult child of a deceased | 22 | | adopted or surrendered person or the husband or wife of | 23 | | a requesting surviving spouse was not the object of a | 24 | | Denial of Information Exchange filed by a birth parent | 25 | | on or before December 31, 2010, and that no birth | 26 | | parent named on the original birth certificate has |
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| 1 | | filed a Birth Parent Preference Form where Option E was | 2 | | selected prior to the receipt of a Request for a | 3 | | Non-Certified Copy of an Original Birth Certificate, | 4 | | the Registry shall provide the adult adopted or | 5 | | surrendered person or his or her surviving adult child | 6 | | or surviving spouse with an unaltered non-certified | 7 | | copy of the adopted or surrendered person's original | 8 | | birth certificate. | 9 | | (3) In cases where the Registry receives a Birth Parent | 10 | | Preference Form from a birth parent subsequent to the | 11 | | release of the non-certified copy of the original birth | 12 | | certificate to an adult adopted or surrendered person or to | 13 | | the surviving adult child , adult grandchild, or surviving | 14 | | spouse of a deceased adopted or surrendered person, the | 15 | | Birth Parent Preference Form shall be immediately | 16 | | forwarded to the adult adopted or surrendered person or to | 17 | | the surviving adult child , adult grandchild, or surviving | 18 | | spouse of the deceased adopted or surrendered person and | 19 | | the birth parent who filed the form shall be informed that | 20 | | the relevant original birth certificate has already been | 21 | | released. | 22 | | (4) A copy of the original birth certificate shall only | 23 | | be released to adopted or surrendered persons who were born | 24 | | in Illinois; to surviving adult children , adult | 25 | | grandchildren, or surviving spouses of deceased adopted or | 26 | | surrendered persons who were born in Illinois; or to 2 |
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| 1 | | registered parties who have both consented to the release | 2 | | of a non-certified copy of the original birth certificate | 3 | | to one another through the Registry when the birth of the | 4 | | relevant adopted or surrendered person took place in | 5 | | Illinois. | 6 | | (5) In cases where the Registry receives a Request for | 7 | | a Non-Certified Copy of an Original Birth Certificate from | 8 | | an adult adopted or surrendered person who has not | 9 | | completed a Registry application and the file of that | 10 | | adopted or surrendered person includes an Information | 11 | | Exchange Authorization, Birth Parent Preference Form, or | 12 | | Medical Information Exchange Questionnaire from one or | 13 | | more of his or her birth relatives, the Registry shall so | 14 | | inform the adult adopted or surrendered person and forward | 15 | | Registry application forms to him or her along with a | 16 | | non-certified copy of the original birth certificate | 17 | | consistent with the procedures outlined in this subsection | 18 | | (e). | 19 | | (6) In cases where a birth parent registered with the | 20 | | Registry and filed a Medical Information Exchange | 21 | | Questionnaire prior to the effective date of this | 22 | | amendatory Act of the 96th General Assembly but gave no | 23 | | indication as to his or her wishes regarding contact or the | 24 | | sharing of identifying information, the Registry shall | 25 | | contact the birth parent by written letter prior to January | 26 | | 1, 2011, and provide him or her with the opportunity to |
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| 1 | | indicate his or her preference regarding contact and the | 2 | | sharing of identifying information by submitting a Birth | 3 | | Parent Preference Form to the Registry prior to November 1, | 4 | | 2011. | 5 | | (7) In cases where the Registry cannot locate a copy of | 6 | | the original birth certificate in the Registry file, they | 7 | | shall be authorized to request a copy of the original birth | 8 | | certificate from the Illinois county where the birth took | 9 | | place for placement in the Registry file. | 10 | | (8) Adopted and surrendered persons who wish to have | 11 | | their names placed with the Illinois Adoption Registry and | 12 | | Medical Information Exchange may do so by completing a | 13 | | Registry application at any time, but completing a Registry | 14 | | application shall not be required for adopted and | 15 | | surrendered persons who seek only to obtain a copy of their | 16 | | original birth certificate or any relevant Birth Parent | 17 | | Preference Forms through the Registry. | 18 | | (9) In cases where a birth parent filed a Denial of | 19 | | Information Exchange with the Registry prior to January 1, | 20 | | 2011, or filed a Birth Parent Preference Form with the | 21 | | Registry and selected Option E after January 1, 2011, and a | 22 | | proof of death for the birth parent who filed the Denial or | 23 | | the Birth Parent Preference Form has been filed with the | 24 | | Registry by a confidential intermediary, a surviving | 25 | | relative of the deceased birth parent, or a birth child of | 26 | | the deceased birth parent, the Registry shall be authorized |
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| 1 | | to release an unaltered non-certified copy of the original | 2 | | birth certificate to an adult adopted or surrendered person | 3 | | or to the surviving adult child , adult grandchild, or | 4 | | surviving spouse of a deceased adopted or surrendered | 5 | | person who has filed a Request for a Non-Certified Copy of | 6 | | the Original Birth Certificate with the Registry. | 7 | | (10) On and after the effective date of this amendatory | 8 | | Act of the 96th General Assembly, in cases where all birth | 9 | | parents named on the original birth certificate of an | 10 | | adopted or surrendered person born after January 1, 1946, | 11 | | are deceased and copies of death certificates for all birth | 12 | | parents named on the original birth certificate have been | 13 | | filed with the Registry by either a confidential | 14 | | intermediary, a surviving relative of the deceased birth | 15 | | parent, or a birth child of the deceased birth parent, the | 16 | | Registry shall be authorized to release a non-certified | 17 | | copy of the original birth certificate to the adopted or | 18 | | surrendered person upon receipt of his or her Request for a | 19 | | Non-Certified Copy of an Original Birth Certificate. | 20 | | (f) A registrant may complete all or any part of the | 21 | | Illinois Adoption
Registry Application. All Illinois Adoption | 22 | | Registry Applications, Information
Exchange
Authorizations, | 23 | | Denials of Information Exchange, requests to revoke an
| 24 | | Information
Exchange Authorization or Denial of Information | 25 | | Exchange, Birth Parent Preference Forms, and affidavits
| 26 | | submitted
to the Registry shall be
accompanied by proof of |
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| 1 | | identification.
| 2 | | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11; | 3 | | 97-333, eff. 8-12-11.)
| 4 | | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| 5 | | Sec. 18.2. Forms.
| 6 | | (a) The Department shall develop the Illinois Adoption | 7 | | Registry forms as provided in this Section. The General | 8 | | Assembly shall reexamine the content of the form as requested | 9 | | by the Department, in consultation with the Registry Advisory | 10 | | Council. The form of the Birth Parent Registration
| 11 | | Identification Form shall be substantially as follows:
| 12 | | BIRTH PARENT REGISTRATION IDENTIFICATION
| 13 | | (Insert all known information)
| 14 | | I, ....., state that I am the ...... (mother or father) of the
| 15 | | following child:
| 16 | | Child's original name: ..... (first) ..... (middle) ..... | 17 | | (last),
..... (hour of birth), ..... (date of birth), | 18 | | ..... (city and state of
birth), ..... (name of | 19 | | hospital).
| 20 | | Father's full name: ...... (first) ...... (middle) ..... | 21 | | (last),
..... (date of birth), ..... (city and state of | 22 | | birth).
| 23 | | Name of mother inserted on birth certificate: ..... (first) | 24 | | .....
(middle) ..... (last), ..... (race), ..... (date | 25 | | of birth), ......
(city and state of birth).
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| 1 | | That I surrendered my child to: ............. (name of agency), | 2 | | .....
(city and state of agency), ..... (approximate date | 3 | | child surrendered).
| 4 | | That I placed my child by private adoption: ..... (date),
| 5 | | ...... (city
and state).
| 6 | | Name of adoptive parents, if known: ......
| 7 | | Other identifying information: .....
| 8 | | ........................
| 9 | | (Signature of parent)
| 10 | | ............ ........................
| 11 | | (date) (printed name of parent)
| 12 | | (b) The form of the Adopted Person
Registration | 13 | | Identification shall be substantially
as follows:
| 14 | | ADOPTED PERSON
| 15 | | REGISTRATION IDENTIFICATION
| 16 | | (Insert all known information)
| 17 | | I, ....., state the following:
| 18 | | Adopted Person's present name: ..... (first) ..... | 19 | | (middle)
..... (last).
| 20 | | Adopted Person's name at birth (if known): ..... (first)
| 21 | | ..... (middle) .....
(last), ..... (birth date), ..... | 22 | | (city and state of birth), ......
(sex), ..... (race).
| 23 | | Name of adoptive father: ..... (first) ..... (middle) ..... | 24 | | (last), .....
(race).
| 25 | | Maiden name of adoptive mother: ..... (first) ..... |
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| 1 | | (middle) .....
(last), ..... (race).
| 2 | | Name of birth mother (if known): ..... (first) .....
| 3 | | (middle)
..... (last), ..... (race).
| 4 | | Name of birth father (if known): ..... (first) .....
| 5 | | (middle)
..... (last), ..... (race).
| 6 | | Name(s) at birth of sibling(s) having a common birth
parent | 7 | | with adoptee
(if known): ..... (first) ..... (middle) | 8 | | ..... (last), ..... (race), and name
of common birth | 9 | | parent: ..... (first) ..... (middle) .....
(last),
| 10 | | ..... (race).
| 11 | | I was adopted through: ..... (name of agency).
| 12 | | I was adopted privately: ..... (state "yes" if known).
| 13 | | I was adopted in ..... (city and state), ..... (approximate | 14 | | date).
| 15 | | Other identifying information: .............
| 16 | | ......................
| 17 | | (signature of adoptee)
| 18 | | ........... .........................
| 19 | | (date) (printed name of adoptee)
| 20 | | (c) The form of the Surrendered Person Registration | 21 | | Identification shall be
substantially as follows:
| 22 | | SURRENDERED PERSON REGISTRATION
| 23 | | IDENTIFICATION
| 24 | | (Insert all known information)
| 25 | | I, ....., state the following:
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| 1 | | Surrendered Person's present name: ..... (first) .....
| 2 | | (middle) ..... (last).
| 3 | | Surrendered Person's name at birth (if known): ..... | 4 | | (first)
.....
(middle) ..... (last), .....(birth | 5 | | date), ..... (city and state of
birth), ...... (sex), | 6 | | ..... (race).
| 7 | | Name of guardian father: ..... (first) ..... (middle) ..... | 8 | | (last), .....
(race).
| 9 | | Maiden name of guardian mother: ..... (first) ..... | 10 | | (middle) .....
(last), ..... (race).
| 11 | | Name of birth mother (if known): ..... (first) .....
| 12 | | (middle) .....
(last) ..... (race).
| 13 | | Name of birth father (if known): ..... (first) .....
| 14 | | (middle) .....
(last), .....(race).
| 15 | | Name(s) at birth of sibling(s) having a common birth
parent | 16 | | with surrendered person
(if known): ..... (first) | 17 | | ..... (middle) ..... (last), ..... (race), and name
of | 18 | | common birth parent: ..... (first) ..... (middle) | 19 | | .....
(last),
..... (race).
| 20 | | I was surrendered for adoption to: ..... (name of agency).
| 21 | | I was surrendered for adoption in ..... (city and state), ..... | 22 | | (approximate
date).
| 23 | | Other identifying information: ............
| 24 | | ................................
| 25 | | (signature of surrendered person)
| 26 | | ............ ......................
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| 1 | | (date) (printed name of person
| 2 | | surrendered for adoption)
| 3 | | (c-3) The form of the Registration Identification Form for | 4 | | Surviving Relatives of Deceased Birth Parents shall be | 5 | | substantially as follows:
| 6 | | REGISTRATION IDENTIFICATION FORM
| 7 | | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| 8 | | (Insert all known information)
| 9 | | I, ....., state the following:
| 10 | | Name of deceased birth parent at time of surrender:
| 11 | | Deceased birth parent's date of birth:
| 12 | | Deceased birth parent's date of death:
| 13 | | Adopted or surrendered person's name at birth (if known): | 14 | | .....(first) ..... (middle) ..... (last), .....(birth | 15 | | date), ..... (city and state of birth), ...... (sex), | 16 | | ..... (race).
| 17 | | My relationship to the adopted or surrendered person (check | 18 | | one): (birth parent's non-surrendered child) (birth parent's | 19 | | sister) (birth parent's brother).
| 20 | | If you are a non-surrendered child of the birth parent, provide | 21 | | name(s) at birth and age(s) of non-surrendered siblings having | 22 | | a common parent with the birth parent. If more than one | 23 | | sibling, please give information requested below on reverse | 24 | | side of this form. If you are a sibling or parent of the birth |
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| 1 | | parent, provide name(s) at birth and age(s) of the sibling(s) | 2 | | of the birth parent. If more than one sibling, please give | 3 | | information requested below on reverse side of this form.
| 4 | | Name (First) ..... (middle) ..... (last), .....(birth | 5 | | date), ..... (city and state of birth), ...... (sex), | 6 | | ..... (race).
| 7 | | Name(s) of common parent(s) (first) ..... (middle) ..... | 8 | | (last), .....(race), (first) ..... (middle) ..... | 9 | | (last), .....(race).
| 10 | | My birth sibling/child of my brother/child of my sister/ was | 11 | | surrendered for adoption to ..... (name of agency) City and | 12 | | state of agency ..... Date .....(approximate) Other | 13 | | identifying information ..... (Please note that you must: (i) | 14 | | be at least 21 years of age to register; (ii) submit with your | 15 | | registration a certified copy of the birth parent's birth | 16 | | certificate; (iii) submit a certified copy of the birth | 17 | | parent's death certificate; and (iv) if you are a | 18 | | non-surrendered birth sibling or a sibling of the deceased | 19 | | birth parent, also submit a certified copy of your birth | 20 | | certificate with this registration. No application from a | 21 | | surviving relative of a deceased birth parent can be accepted | 22 | | if the birth parent filed a Denial of Information Exchange | 23 | | prior to his or her death.)
| 24 | | ................................
| 25 | | (signature of birth parent's surviving relative)
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| 1 | | ............ ............ | 2 | | (date) (printed name of birth | 3 | | parent's surviving relative) | 4 | | (c-5) The form of the Registration Identification Form for | 5 | | Surviving Relatives of Deceased Adopted or Surrendered Persons | 6 | | shall be substantially as follows:
| 7 | | REGISTRATION IDENTIFICATION FORM FOR
| 8 | | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| 9 | | (Insert all known information)
| 10 | | I, ....., state the following:
| 11 | | Adopted or surrendered person's name at birth (if known): | 12 | | (first) ..... (middle) ..... (last), .....(birth | 13 | | date), ..... (city and state of birth), ...... (sex), | 14 | | ..... (race). | 15 | | Adopted or surrendered person's date of death:
| 16 | | My relationship to the deceased adopted or surrendered | 17 | | person(check one): (adoptive mother) (adoptive father) (adult | 18 | | child) (surviving spouse).
| 19 | | If you are an adult child or surviving spouse of the adopted or | 20 | | surrendered person, provide name(s) at birth and age(s) of the | 21 | | children of the adopted or surrendered person. If the adopted | 22 | | or surrendered person had more than one child, please give | 23 | | information requested below on reverse side of this form. | 24 | | Name (first) ..... (middle) ..... (last), .....(birth | 25 | | date), ..... (city and state of birth), ...... (sex), |
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| 1 | | ..... (race). | 2 | | Name(s) of common parent(s) (first) ..... (middle) ..... | 3 | | (last), .....(race), (first) ..... (middle) ..... | 4 | | (last), .....(race).
| 5 | | My child/parent/deceased spouse was surrendered for | 6 | | adoption to .....(name of agency) City and state of agency | 7 | | ..... Date ..... (approximate) Other identifying | 8 | | information ..... (Please note that you must: (i) be at | 9 | | least 21 years of age to register; (ii) submit with your | 10 | | registration a certified copy of the adopted or surrendered | 11 | | person's death certificate; (iii) if you are the child of a | 12 | | deceased adopted or surrendered person, also submit a | 13 | | certified copy of your birth certificate with this | 14 | | registration; and (iv) if you are the surviving wife or | 15 | | husband of a deceased adopted or surrendered person, also | 16 | | submit a copy of your marriage certificate with this | 17 | | registration. No application from a surviving relative of a | 18 | | deceased adopted or surrendered person can be accepted if | 19 | | the adopted or surrendered person filed a Denial of | 20 | | Information Exchange prior to his or her death.)
| 21 | | ................................
| 22 | | (signature of adopted or surrendered person's surviving
| 23 | | relative)
| 24 | | ............ ............ |
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| 1 | | (date) (printed name of adopted
| 2 | | person's surviving relative)
| 3 | | (d) The form of the Information Exchange Authorization | 4 | | shall be
substantially
as follows:
| 5 | | INFORMATION EXCHANGE AUTHORIZATION
| 6 | | I, ....., state that I am the person who completed the | 7 | | Registration
Identification; that I am of the age of ..... | 8 | | years; that I hereby
authorize the Department of Public Health | 9 | | to give to the following person(s)
(birth mother
)
(birth | 10 | | father) (birth sibling) (adopted or surrendered person
) | 11 | | (adoptive mother) (adoptive father) (legal guardian of an | 12 | | adopted or surrendered person) (birth aunt) (birth uncle) | 13 | | (adult child of a deceased adopted or surrendered person) | 14 | | (surviving spouse of a deceased adopted or surrendered person) | 15 | | (all eligible relatives) the following
(please check the
| 16 | | information
authorized for exchange):
| 17 | | [ ] 1. Only my name and last known address.
| 18 | | [ ] 2. A copy of my Illinois Adoption Registry | 19 | | Application.
| 20 | | [ ] 3. A non-certified copy of the adopted or | 21 | | surrendered person's original certificate of live birth | 22 | | (check only if you are an adopted or surrendered person or | 23 | | the surviving adult child or surviving spouse of a deceased | 24 | | adopted or surrendered person).
| 25 | | [ ] 4. A copy of my completed medical questionnaire.
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| 1 | | I am fully aware that I can only be supplied with
| 2 | | information about an individual or individuals who have
duly
| 3 | | executed an Information Exchange Authorization that
has
not | 4 | | been revoked or, if I am an adopted or surrendered person, from | 5 | | a birth parent who completed a Birth Parent Preference Form and | 6 | | did not prohibit the release of his or her identity to me; that | 7 | | I can be contacted by writing to: ..... (own name or
name of | 8 | | person to contact) (address) (phone number).
| 9 | | NOTE: New IARMIE registrants who do not complete a Medical | 10 | | Information Exchange Questionnaire and release a copy of their | 11 | | questionnaire to at least one Registry applicant must pay a $15 | 12 | | registration fee. | 13 | | Dated (insert date).
| 14 | | .............. | 15 | | (signature)
| 16 | | (e) The form of the Denial of Information Exchange shall be
| 17 | | substantially as follows:
| 18 | | DENIAL OF INFORMATION EXCHANGE
| 19 | | I, ....., state that I am the person who completed the | 20 | | Registration
Identification; that I am of the age of ..... | 21 | | years; that I hereby
instruct the Department of Public Health | 22 | | not to give any identifying
information about me to the | 23 | | following person(s)
(birth mother) (birth father) (birth | 24 | | sibling)(adopted or surrendered person)(adoptive mother) | 25 | | (adoptive father)(legal guardian of an adopted or surrendered |
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| 1 | | person)(birth aunt)(birth uncle)(adult child of a deceased | 2 | | adopted or surrendered person) (surviving spouse of a deceased | 3 | | adopted or surrendered person) (all eligible relatives).
| 4 | | I do/do not (circle appropriate response) authorize the | 5 | | Registry to release a copy of my completed Medical Information | 6 | | Exchange Questionnaire to qualified Registry applicants.
NOTE: | 7 | | New IARMIE registrants who do not complete a Medical | 8 | | Information Exchange Questionnaire and release a copy of their | 9 | | questionnaire to at least one Registry applicant must pay a $15 | 10 | | registration fee.
Birth parents filing a Denial of Information | 11 | | Exchange are advised that, under Illinois law, an adult adopted | 12 | | person may initiate a search for a birth parent who has filed a | 13 | | Denial of Information Exchange or Birth Parent Preference Form | 14 | | on which Option E was selected through the State confidential | 15 | | intermediary program once 5 years have elapsed since the filing | 16 | | of the Denial of Information Exchange or Birth Parent | 17 | | Preference Form.
| 18 | | Dated (insert date).
| 19 | | ............... | 20 | | (signature)
| 21 | | (f) The form of the Birth Parent Preference Form shall be | 22 | | substantially as follows: | 23 | | In recognition of the basic right of all persons to access | 24 | | their birth records, Illinois law now provides for the release | 25 | | of original birth certificates to adopted and surrendered |
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| 1 | | persons 21 years of age or older upon request. While many birth | 2 | | parents are comfortable sharing their identities or initiating | 3 | | contact with their birth sons and daughters once they have | 4 | | reached adulthood, Illinois law also recognizes that there may | 5 | | be unique situations where a birth parent might have a | 6 | | compelling reason for not wishing to establish contact with a | 7 | | birth son or birth daughter or for not wishing to release | 8 | | identifying information that appears on the original birth | 9 | | certificate of a birth son or birth daughter who has reached | 10 | | adulthood. The Illinois Adoption Registry and Medical | 11 | | Information Exchange (IARMIE) has therefore established the | 12 | | attached form to allow birth parents to express their | 13 | | preferences regarding contact; and, if their birth child was | 14 | | born on or after January 1, 1946, to express their wishes | 15 | | regarding the sharing of identifying information listed on the | 16 | | original birth certificate with an adult adopted or surrendered | 17 | | person who has reached the age of 21 or his or her surviving | 18 | | relatives. | 19 | | In selecting one of the 5 options below, birth parents | 20 | | should keep in mind that the decision to deny an adult adopted | 21 | | or surrendered person access to identifying information on his | 22 | | or her original birth record and/or information about | 23 | | genetically-transmitted diseases is an important decision that | 24 | | may impact the adopted or surrendered person's life in many | 25 | | ways. A request for anonymity on this form only pertains to | 26 | | information that is provided to an adult adopted or surrendered |
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| 1 | | person or his or her surviving relatives through the Registry. | 2 | | This will not prevent the disclosure of identifying information | 3 | | that may be available to the adoptee through his or her | 4 | | adoptive parents and/or other means available to him or her. | 5 | | Birth parents who would prefer not to be contacted by their | 6 | | surrendered son or daughter are strongly urged to complete both | 7 | | the Non-Identifying Information Section included on the final | 8 | | page of the attached form and the Medical Questionnaire in | 9 | | order to provide their surrendered son or daughter with the | 10 | | background information he or she may need to better understand | 11 | | his or her origins. Birth parents whose birth son or birth | 12 | | daughter is under 21 years of age at the time of the completion | 13 | | of this form are reminded that no original birth certificate | 14 | | will be released by the IARMIE before an adoptee has reached | 15 | | the age of 21. Should you need additional assistance in | 16 | | completing this form, please contact the agency that handled | 17 | | the adoption, if applicable, or the Illinois Adoption Registry | 18 | | and Medical Information Exchange at 877-323-5299. | 19 | | After careful consideration, I have made the following | 20 | | decision regarding contact with my birth son/birth daughter, | 21 | | (insert birth son's/birth daughter's name at birth, if | 22 | | applicable) ......, who was born in (insert city/town of birth) | 23 | | ...... on (insert date of birth)...... and the release of my | 24 | | identifying information as it appears on his/her original birth | 25 | | certificate when he/she reaches the age of 21, and I have | 26 | | chosen Option ...... (insert A, B, C, D, or E, as applicable). |
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| 1 | | I realize that this form must be accompanied by a completed | 2 | | IARMIE application form as well as a Medical Information | 3 | | Exchange Questionnaire or the $15 registration fee. I am also | 4 | | aware that I may revoke this decision at any time by completing | 5 | | a new Birth Parent Preference Form and filing it with the | 6 | | IARMIE. I understand that it is my responsibility to update the | 7 | | IARMIE with any changes to contact information provided below. | 8 | | I also understand that, while preferences regarding the release | 9 | | of identifying information through the Registry are binding | 10 | | unless the law should change in the future, any selection I | 11 | | have made regarding my preferred method of contact is not. | 12 | | ... | 13 | | (Signature/Date) | 14 | | (Please insert your signature and today's date above, as well | 15 | | as under your chosen option, A, B, C, D, or E below.) | 16 | | Option A. My birth son or birth daughter was born on or after | 17 | | January 1, 1946, and I agree to the release of my identifying | 18 | | information as it appears on my birth son's/birth daughter's | 19 | | original birth certificate, OR my birth son or birth daughter | 20 | | was born prior to January 1, 1946. I would welcome direct | 21 | | contact with my birth son/birth daughter when he or she has | 22 | | reached the age of 21. In addition, before my birth son or | 23 | | birth daughter has reached the age of 21 or in the event of his | 24 | | or her death, I would welcome contact with the following |
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| 1 | | relatives of my birth child (circle all that apply): adoptive | 2 | | mother, adoptive father, surviving spouse, surviving adult | 3 | | child. I wish to be contacted at the following mailing address, | 4 | | email address or phone number: | 5 | | .............................. | 6 | | ............................................................. | 7 | | ............................................................. | 8 | | ............................................................. | 9 | | (Signature/Date) | 10 | | Option B. My birth son or birth daughter was born on or after | 11 | | January 1, 1946, and I agree to the release of my identifying | 12 | | information as it appears on my birth son's/birth daughter's | 13 | | original birth certificate, OR my birth son or birth daughter | 14 | | was born prior to January 1, 1946. I would welcome contact with | 15 | | my birth son/birth daughter when he or she has reached the age | 16 | | of 21. In addition, before my birth son or birth daughter has | 17 | | reached the age of 21 or in the event of his or her death, I | 18 | | would welcome contact with the following relatives of my birth | 19 | | child (circle all that apply): adoptive mother, adoptive | 20 | | father, surviving spouse, surviving adult child. I would prefer | 21 | | to be contacted through the following person. (Insert name and | 22 | | mailing address, email address or phone number of chosen | 23 | | contact person.) | 24 | | ............................................ | 25 | | ............................................................. |
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| 1 | | (Signature/Date) | 2 | | Option C. My birth son or birth daughter was born on or after | 3 | | January 1, 1946, and I agree to the release of my identifying | 4 | | information as it appears on my birth son's/birth daughter's | 5 | | original birth certificate, OR my birth son or birth daughter | 6 | | was born prior to January 1, 1946. I would welcome contact with | 7 | | my birth son/birth daughter when he or she has reached the age | 8 | | of 21. In addition, before my birth son or birth daughter has | 9 | | reached the age of 21 or in the event of his or her death, I | 10 | | would welcome contact with the following relatives of my birth | 11 | | child (circle all that apply): adoptive mother, adoptive | 12 | | father, surviving spouse, surviving adult child. I would prefer | 13 | | to be contacted through the Illinois Confidential Intermediary | 14 | | Program (please call 800-526-9022 for additional information) | 15 | | or through the agency that handled the adoption. (Insert agency | 16 | | name, address and phone number, if applicable.) | 17 | | ............. | 18 | | ............................................................. | 19 | | (Signature/Date) | 20 | | Option D. My birth son or birth daughter was born on or after | 21 | | January 1, 1946, and I agree to the release of my identifying | 22 | | information as it appears on my birth son's/birth daughter's | 23 | | original birth certificate when he or she has reached the age | 24 | | of 21, OR my birth son or birth daughter was born prior to |
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| 1 | | January 1, 1946. I would prefer not to be contacted by my birth | 2 | | son/birth daughter or his or her adoptive parents or surviving | 3 | | relatives. | 4 | | ................................................... | 5 | | (Signature/Date) | 6 | | Option E. My birth son or birth daughter was born on or after | 7 | | January 1, 1946, and I wish to prohibit the release of my | 8 | | (circle ALL applicable options) first name, last name, last | 9 | | known address, birth son/birth daughter's last name (if last | 10 | | name listed is same as mine), as they appear on my birth | 11 | | son's/birth daughter's original birth certificate and do not | 12 | | wish to be contacted by my birth son/birth daughter when he or | 13 | | she has reached the age of 21. If there were any special | 14 | | circumstances that played a role in your decision to remain | 15 | | anonymous which you would like to share with your birth | 16 | | son/birth daughter, please list them in the space provided | 17 | | below (optional). | 18 | | ........................................... | 19 | | ............................................................. | 20 | | I understand that, although I have chosen to prohibit the | 21 | | release of my identity on the non-certified copy of the | 22 | | original birth certificate released to my birth son/birth | 23 | | daughter, he or she may request that a court-appointed | 24 | | confidential intermediary contact me to request updated | 25 | | medical information and/or confirm my desire to remain |
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| 1 | | anonymous once 5 years have elapsed since the signing of this | 2 | | form; at the time of this subsequent search, I wish to be | 3 | | contacted through the person named below. (Insert in blank area | 4 | | below the name and phone number of the contact person, or leave | 5 | | it blank if you wish to be contacted directly.) I also | 6 | | understand that this request for anonymity shall expire upon my | 7 | | death. | 8 | | ...................................................... | 9 | | ............................................................. | 10 | | (Signature/Date) | 11 | | NOTE: A copy of this form will be forwarded to your birth son | 12 | | or birth daughter should he or she file a request for his or | 13 | | her original birth certificate with the IARMIE. However, if you | 14 | | have selected Option E, identifying information, per your | 15 | | specifications above, will be deleted from the copy of this | 16 | | form forwarded to your birth son or daughter during your | 17 | | lifetime. In the event that an adopted or surrendered person is | 18 | | deceased, his or her surviving adult children may request a | 19 | | copy of the adopted or surrendered person's original birth | 20 | | certificate providing they have registered with the IARMIE; the | 21 | | copy of this form and the non-certified copy of the original | 22 | | birth certificate forwarded to the surviving child of the | 23 | | adopted or surrendered person shall be redacted per your | 24 | | specifications on this form during your lifetime. | 25 | | Non-Identifying Information Section
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| 1 | | I wish to voluntarily provide the following non-identifying | 2 | | information to my birth son or birth daughter:
| 3 | | My age at the time of my child's birth was .........
| 4 | | My race is best described as: .......................... | 5 | | My height is: ......... | 6 | | My body type is best described as (circle one): slim, average, | 7 | | muscular, a few extra pounds, or more than a few extra pounds.
| 8 | | My natural hair color is/was: .................. | 9 | | My eye color is: .................. | 10 | | My religion is best described as: ..................
| 11 | | My ethnic background is best described as: ..................
| 12 | | My educational level is closest to (circle applicable | 13 | | response): completed elementary school, graduated from | 14 | | high school, attended college, earned bachelor's degree, | 15 | | earned master's degree, earned doctoral degree.
| 16 | | My occupation is best described as .................. | 17 | | My hobbies include .................. | 18 | | My interests include .................. | 19 | | My talents include .................. | 20 | | In addition to my surrendered son or daughter, I also | 21 | | am the biological parent of (insert number) ....... boys and | 22 | | (insert number) ....... girls, of whom (insert number) ....... | 23 | | are still living.
| 24 | | The relationship between me and my child's birth mother/birth | 25 | | father would best be described as (circle appropriate | 26 | | response): husband and wife, ex-spouses, boyfriend and |
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| 1 | | girlfriend, casual acquaintances, other (please specify) | 2 | | .............. | 3 | | (g) The form of the Request for a Non-Certified Copy of an | 4 | | Original Birth Certificate shall be substantially as follows: | 5 | | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | 6 | | CERTIFICATE | 7 | | I, (requesting party's full name) ....., hereby request a | 8 | | non-certified copy of (check appropriate option) ..... my | 9 | | original birth certificate ..... the original birth | 10 | | certificate of my deceased adopted or surrendered parent ..... | 11 | | the original birth certificate of my deceased adopted or | 12 | | surrendered spouse (insert deceased parent's/deceased spouse's | 13 | | name at adoption) ...... I/my deceased parent/my deceased | 14 | | spouse was born in (insert city and county of adopted or | 15 | | surrendered person's birth) ..... on ..... (insert adopted or | 16 | | surrendered person's date of birth). In the event that one or | 17 | | both of my/my deceased parent's/my deceased spouse's birth | 18 | | parents has requested that their identity not be released to | 19 | | me/to my deceased parent/to my deceased spouse, I wish to | 20 | | (check appropriate option) ..... a. receive a non-certified | 21 | | copy of the original birth certificate from which identifying | 22 | | information pertaining to the birth parent who requested | 23 | | anonymity has been deleted; or ..... b. I do not wish to | 24 | | received an altered copy of the original birth certificate. | 25 | | Dated (insert date). | 26 | | ................... |
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| 1 | | (signature)
| 2 | | (h) Any Information Exchange Authorization, Denial of | 3 | | Information
Exchange, or Birth Parent Preference Form filed | 4 | | with the Registry, or Request for a Non-Certified Copy of an | 5 | | Original Birth Certificate filed with the Registry by a | 6 | | surviving adult child or surviving spouse of a deceased adopted | 7 | | or surrendered person, shall be acknowledged by the person who | 8 | | filed it before a notary
public, in form
substantially as | 9 | | follows:
| 10 | | State of ..............
| 11 | | County of .............
| 12 | | I, a Notary Public, in and for the said County, in the | 13 | | State aforesaid,
do hereby certify that ............... | 14 | | personally known to me to be the
same person whose name is | 15 | | subscribed to the foregoing certificate of
acknowledgement, | 16 | | appeared before me in person and acknowledged that (he or
she) | 17 | | signed such certificate as (his or her) free and voluntary act | 18 | | and
that the statements in such certificate are true.
| 19 | | Given under my hand and notarial seal on (insert date).
| 20 | | .........................
| 21 | | (signature)
| 22 | | (i) When the execution of an Information Exchange
| 23 | | Authorization, Denial of Information Exchange, or Birth Parent | 24 | | Preference Form or Request for a Non-Certified Copy of an |
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| 1 | | Original Birth Certificate completed by a surviving adult child | 2 | | or surviving spouse of a deceased adopted or surrendered person | 3 | | is acknowledged before a
representative of an agency, such | 4 | | representative shall have his signature
on said Certificate | 5 | | acknowledged before a notary public, in form substantially
as | 6 | | follows:
| 7 | | State of..........
| 8 | | County of.........
| 9 | | I, a Notary Public, in and for the said County, in the | 10 | | State aforesaid,
do hereby certify that ..... personally known | 11 | | to me to be the same person
whose name is subscribed to the | 12 | | foregoing certificate of acknowledgement,
appeared before me | 13 | | in person and acknowledged that (he or she) signed such
| 14 | | certificate as (his or her) free and voluntary act and that the | 15 | | statements
in such certificate are true.
| 16 | | Given under my hand and notarial seal on (insert date).
| 17 | | .......................
| 18 | | (signature)
| 19 | | (j) When an Illinois Adoption Registry Application,
| 20 | | Information
Exchange Authorization, Denial of
Information | 21 | | Exchange, Birth Parent Preference Form, or Request for a | 22 | | Non-Certified Copy of an Original Birth Certificate completed | 23 | | by a surviving adult child or surviving spouse of a deceased | 24 | | adopted or surrendered person is executed in a foreign country, | 25 | | the
execution of such
document shall be acknowledged or |
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| 1 | | affirmed before an officer of the United
States consular | 2 | | services.
| 3 | | (k) If the person signing an Information Exchange
| 4 | | Authorization, Denial of Information, Birth Parent Preference | 5 | | Form, or Request for a Non-Certified Copy of an Original Birth | 6 | | Certificate completed by a surviving adult child or surviving | 7 | | spouse of a deceased adopted or surrendered person is in the | 8 | | military service of the
United States, the execution of such | 9 | | document may be acknowledged before a
commissioned officer and | 10 | | the signature of such officer on such certificate
shall be | 11 | | verified or acknowledged before a notary public or by such | 12 | | other
procedure as is then in effect for such division or | 13 | | branch of the armed forces.
| 14 | | (l) An adopted or surrendered person , surviving adult | 15 | | child, adult grandchild, surviving spouse, or birth parent of | 16 | | an adult adopted person who completes a Request For a | 17 | | Non-Certified Copy of the Original Birth Certificate shall meet | 18 | | the same filing requirements and pay the same filing fees as a | 19 | | non-adopted person seeking to obtain a copy of his or her | 20 | | original birth certificate.
| 21 | | (m) Beginning on January 1, 2015, any birth parent of an | 22 | | adult adopted person named on the original birth certificate | 23 | | may request a non-certified copy of the original birth | 24 | | certificate reflecting the birth of the adult adopted person, | 25 | | provided that: | 26 | | (1) any non-certified copy of the original birth |
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| 1 | | certificate released under this subsection (m) shall not | 2 | | reflect the State file number on the original birth | 3 | | certificate; and | 4 | | (2) if the Department of Public Health does not locate | 5 | | the original birth certificate, it shall issue a | 6 | | certification of no record found. | 7 | | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11 .)
| 8 | | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| 9 | | Sec. 18.3a. Confidential intermediary.
| 10 | | (a) General purposes.
Notwithstanding any other provision | 11 | | of
this Act, | 12 | | (1) any
adopted or surrendered person 21 years of age | 13 | | or over ; or , | 14 | | (2) any adoptive parent or legal guardian
of
an adopted | 15 | | or surrendered person under the age of 21 ; or , | 16 | | (3) or any birth parent of an adopted
or surrendered | 17 | | person who is 21 years of age or over ; or | 18 | | (4) any adult child or adult grandchild of a deceased | 19 | | adopted or surrendered person; or | 20 | | (5) any adoptive parent or surviving spouse of a | 21 | | deceased adopted or surrendered person; or | 22 | | (6) any adult birth sibling of the adult adopted or | 23 | | surrendered person unless the birth parent has checked | 24 | | Option E on the Birth Parent Preference Form or has filed a | 25 | | Denial of Information Exchange with the Registry and is not |
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| 1 | | deceased; or | 2 | | (7) any adult adopted birth sibling of an adult adopted | 3 | | or surrendered person; or | 4 | | (8) any adult birth sibling of the birth parent if the | 5 | | birth parent is deceased | 6 | | may petition the court in any county in
the
State of Illinois | 7 | | for appointment of a confidential intermediary as provided in
| 8 | | this Section for the purpose of exchanging medical information | 9 | | with one or
more mutually consenting biological relatives, | 10 | | obtaining identifying
information about one or more mutually | 11 | | consenting biological relatives, or
arranging contact with one | 12 | | or more mutually consenting biological relatives.
The | 13 | | petitioner Additionally, in cases where an adopted or | 14 | | surrendered person is deceased,
an adult child of the adopted
| 15 | | or surrendered person or his or her adoptive parents or | 16 | | surviving spouse may file a petition under this Section and in | 17 | | cases
where the birth parent is deceased,
an adult birth | 18 | | sibling of the adopted or surrendered person or of the deceased | 19 | | birth parent
may
file a petition under this Section for the | 20 | | purpose of exchanging medical
information with one or more | 21 | | mutually consenting biological relatives of the adopted or | 22 | | surrendered person,
obtaining identifying information about | 23 | | one or more mutually consenting
biological relatives of the | 24 | | adopted or surrendered person, or arranging contact with one or | 25 | | more mutually
consenting biological relatives of the adopted or | 26 | | surrendered person. Beginning January 1, 2006, any adopted or |
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| 1 | | surrendered person 21 years of age or over; any adoptive parent | 2 | | or legal guardian of an adopted or surrendered person under the | 3 | | age of 21; any birth parent, birth sibling, birth aunt, or | 4 | | birth uncle of an adopted or surrendered person over the age of | 5 | | 21; any surviving child, adoptive parent, or surviving spouse | 6 | | of a deceased adopted or surrendered person who wishes to | 7 | | petition the court for the appointment of a confidential | 8 | | intermediary shall be required to accompany his or her their | 9 | | petition with proof of registration with the Illinois Adoption | 10 | | Registry and Medical Information Exchange.
| 11 | | (b) Petition. Upon petition , by an adopted or surrendered
| 12 | | person 21 years of age or over (an "adult adopted or | 13 | | surrendered person"), an
adoptive parent or legal guardian of | 14 | | an adopted or surrendered person under the age of 21,
or a | 15 | | birth parent of an adopted or surrendered person who is 21 | 16 | | years of age or over, the
court
shall appoint a confidential | 17 | | intermediary. Upon petition by
an adult child, adoptive parent | 18 | | or surviving spouse of an adopted or surrendered person who is | 19 | | deceased, by an adult birth sibling of an adopted or | 20 | | surrendered person
whose common birth parent is deceased
and | 21 | | whose adopted or surrendered birth sibling is 21 years of age | 22 | | or over, or by an adult sibling of a birth parent who is | 23 | | deceased,
and whose surrendered child is 21 years of age or | 24 | | over, the court may appoint a confidential
intermediary if the | 25 | | court finds that the disclosure is of greater benefit than
| 26 | | nondisclosure.
The petition shall state which biological |
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| 1 | | relative
or
relatives are being sought and shall indicate if | 2 | | the petitioner wants to do any
one or more of the following as | 3 | | to the sought-after relative or relatives : exchange medical | 4 | | information with the
biological relative or relatives, obtain | 5 | | identifying information from the
biological relative or | 6 | | relatives, or to arrange contact with the biological
relative.
| 7 | | (c) Order. The order appointing the confidential | 8 | | intermediary shall allow
that
intermediary to conduct a search | 9 | | for the sought-after relative by accessing
those records | 10 | | described in subsection (g) of this Section.
| 11 | | (d) Fees and expenses. The court shall not condition the | 12 | | appointment of the
confidential intermediary on the payment of | 13 | | the intermediary's
fees and expenses in advance of the | 14 | | commencement of the work of the
confidential intermediary. No | 15 | | fee shall be charged to any petitioner if the petitioner is an | 16 | | adult adopted or surrendered person and the sought-after | 17 | | relative is a birth parent who filed or who did not file a | 18 | | Denial with the Registry prior to January 1, 2011, or filed a | 19 | | Birth Parent Preference Form on which Option E was selected | 20 | | after January 1, 2011 and more than 5 years have transpired | 21 | | since the birth parent filed the Denial of Information Exchange | 22 | | or Birth Parent Preference Form on which Option E was selected .
| 23 | | (e) Eligibility of intermediary. The court may appoint as | 24 | | confidential
intermediary any
person certified by the | 25 | | Department of Children and Family Services as qualified to | 26 | | serve as a confidential
intermediary.
Certification shall be |
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| 1 | | dependent upon the
confidential intermediary completing a | 2 | | course of training including, but not
limited to, applicable | 3 | | federal and State privacy laws.
| 4 | | (f) (Blank).
| 5 | | (g) Confidential intermediary access to information | 6 | | Access . Subject to the limitations of subsection (i) of this
| 7 | | Section, the
confidential
intermediary shall have access to | 8 | | vital records or a comparable public entity that maintains | 9 | | vital records in another state in accordance with that state's | 10 | | laws, maintained by the Department of
Public Health and its | 11 | | local designees for the maintenance of vital records , or a | 12 | | comparable public entity that maintains vital records in | 13 | | another state in accordance with that state's laws , and
all | 14 | | records of the court or any adoption agency,
public
or private, | 15 | | as limited in this Section, which relate to the adoption or the | 16 | | identity and location of an
adopted or surrendered person, of | 17 | | an adult child or surviving spouse of a deceased adopted or | 18 | | surrendered person, or of a birth
parent, birth sibling, or the | 19 | | sibling of a deceased birth parent. The
confidential | 20 | | intermediary shall not have access to any personal health
| 21 | | information protected by the Standards for Privacy of | 22 | | Individually
Identifiable Health Information adopted by the | 23 | | U.S. Department of Health and
Human Services under the Health | 24 | | Insurance Portability and Accountability Act of
1996 unless the | 25 | | confidential intermediary has obtained written consent from | 26 | | the
person whose information is being sought by an adult |
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| 1 | | adopted or surrendered person or, if that person is a minor | 2 | | child,
that person's parent or guardian. Confidential
| 3 | | intermediaries shall be authorized to inspect confidential | 4 | | relinquishment and
adoption records. The confidential | 5 | | intermediary shall not be authorized to
access medical
records, | 6 | | financial records, credit records, banking records, home | 7 | | studies,
attorney file records, or other personal records.
In | 8 | | cases where a birth parent is being sought, an adoption agency | 9 | | shall inform
the confidential intermediary of any statement | 10 | | filed pursuant to Section 18.3, hereinafter referred to as "the | 11 | | 18.3 statement",
indicating a desire of the surrendering birth | 12 | | parent to have identifying
information shared or to not have | 13 | | identifying information shared. If there was
a clear statement | 14 | | of intent by the sought-after birth parent not to have
| 15 | | identifying information shared, the confidential intermediary | 16 | | shall discontinue
the search and inform the petitioning party | 17 | | of the sought-after relative's
intent unless the birth parent | 18 | | filed the 18.3 statement prior to the effective date of this | 19 | | amendatory Act of the 96th General Assembly and more than 5 | 20 | | years have elapsed since the filing of the 18.3 statement. If | 21 | | the adult adopted or surrendered person is the subject of an | 22 | | 18.3 statement indicating a desire not to establish contact | 23 | | which was filed more than 5 years prior to the search request, | 24 | | the confidential intermediary shall confirm the petitioner's | 25 | | desire to continue the search. Information
provided to the | 26 | | confidential intermediary by an adoption agency shall be
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| 1 | | restricted to the full name, date of birth, place of birth, | 2 | | last known address,
last known telephone number of the | 3 | | sought-after relative or, if applicable,
of the children or | 4 | | siblings of the sought-after relative, and the 18.3 statement. | 5 | | If the petitioner is an adult adopted or surrendered person or | 6 | | the adoptive parent of a minor and if the petitioner has signed | 7 | | a written authorization to disclose personal medical | 8 | | information, an adoption agency disclosing information to a | 9 | | confidential intermediary shall disclose available medical | 10 | | information about the adopted or surrendered person from birth | 11 | | through adoption.
| 12 | | (h) Missing or lost original birth certificate; remedy. | 13 | | Disclosure of information by the confidential intermediary | 14 | | shall be consistent with the public policy and intent of laws | 15 | | granting original birth certificate access as expressed in | 16 | | Section 18.04 of this Act. The confidential intermediary shall | 17 | | comply with the following procedures in disclosing information | 18 | | to the petitioners: | 19 | | (1) If the petitioner is an adult adopted or | 20 | | surrendered person, or the adult child, adult grandchild, | 21 | | or surviving spouse of a deceased adopted or surrendered | 22 | | person, the confidential intermediary shall disclose: | 23 | | (A) identifying information about the birth parent | 24 | | of the adopted person which, in the ordinary course of | 25 | | business, would have been reflected on the original | 26 | | filed certificate of birth, as of the date of birth, |
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| 1 | | only if: | 2 | | (i) the adopted person was born before January | 3 | | 1, 1946 and the petitioner has requested a | 4 | | non-certified copy of the adopted person's | 5 | | original birth certificate under Section 18.1 of | 6 | | this Act, and the Illinois Department of Public | 7 | | Health has issued a certification that the | 8 | | original birth certificate was not found, or the | 9 | | petitioner has presented the confidential | 10 | | intermediary with the non-certified copy of the | 11 | | original birth certificate which omits the name of | 12 | | the birth parent; | 13 | | (ii) the adopted person was born after January | 14 | | 1, 1946, and the petitioner has requested a | 15 | | non-certified copy of the adopted person's | 16 | | original birth certificate under Section 18.1 of | 17 | | this Act and the Illinois Department of Public | 18 | | Health has issued a certification that the | 19 | | original birth certificate was not found. | 20 | | In providing information pursuant to this | 21 | | subdivision (h)(1)(A), the confidential intermediary | 22 | | shall expressly inform the petitioner in writing that | 23 | | since the identifying information is not from an | 24 | | official original certificate of birth filed pursuant | 25 | | to the Vital Records Act, the confidential | 26 | | intermediary cannot attest to the complete accuracy of |
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| 1 | | the information and the confidential intermediary | 2 | | shall not be liable if the information disclosed is not | 3 | | accurate. Only information from the court files shall | 4 | | be provided to the petitioner in this Section. If the | 5 | | identifying information concerning a birth father is | 6 | | sought by the petitioner, the confidential | 7 | | intermediary shall disclose only the identifying | 8 | | information of the birth father as defined in Section | 9 | | 18.06 of this Act; | 10 | | (B) the name of the child welfare agency which had | 11 | | legal custody of the surrendered person or | 12 | | responsibility for placing the surrendered person and | 13 | | any available contact information for such agency; | 14 | | (C) the name of the state in which the surrender | 15 | | occurred or in which the adoption was finalized; and | 16 | | (D) any information for which the sought-after | 17 | | relative has provided his or her consent to disclose | 18 | | under paragraphs (1) through (4) of subsection (i) of | 19 | | this Section. | 20 | | (2) If the petitioner is an adult adopted or | 21 | | surrendered person, or the adoptive parent of an adult | 22 | | adopted or surrendered person under the age of 21, or the | 23 | | adoptive parent of a deceased adopted or surrendered | 24 | | person, the confidential intermediary shall provide, in | 25 | | addition to the information listed in paragraph (1) of this | 26 | | subsection (h): |
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| 1 | | (A) any information which the adoption agency | 2 | | provides pursuant to subsection (i) of this Section | 3 | | pertaining to medical information about the adopted or | 4 | | surrendered person; and | 5 | | (B) any non-identifying information, as defined in | 6 | | Section 18.4 of this Act, that is obtained during the | 7 | | search. | 8 | | (3) If the petitioner is not defined in paragraph (1) | 9 | | or (2) of this subsection, the confidential intermediary | 10 | | shall provide to the petitioner: | 11 | | (A) any information for which the sought-after | 12 | | relative has provided his or her consent under | 13 | | paragraphs (1) through (4) of subsection (i) of this | 14 | | Section; | 15 | | (B) the name of the child welfare agency which had | 16 | | legal custody of the surrendered person or | 17 | | responsibility for placing the surrendered person and | 18 | | any available contact information for such agency; and | 19 | | (C) the name of the state in which the surrender | 20 | | occurred or in which the adoption was finalized. | 21 | | Adoption agency disclosure of medical information. If the | 22 | | petitioner is
an adult adopted or surrendered person or the | 23 | | adoptive parent of a
minor and if the petitioner has signed a | 24 | | written authorization to disclose
personal medical | 25 | | information, an adoption agency disclosing information to a
| 26 | | confidential intermediary shall disclose available medical |
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| 1 | | information about
the adopted or surrendered person from birth | 2 | | through adoption.
| 3 | | (h-5) Disclosure of information shall be made by the | 4 | | confidential intermediary at any time from the appointment of | 5 | | the confidential intermediary and the court's issuance of an | 6 | | order of dismissal. | 7 | | (i) Duties of confidential intermediary in conducting a | 8 | | search. In
conducting
a search under this Section, the | 9 | | confidential intermediary shall first determine whether | 10 | | confirm
that there is a no Denial of Information Exchange or a | 11 | | Birth Parent Preference Form with Option E selected or an 18.3 | 12 | | statement referenced in subsection (g) of this Section on file | 13 | | with the Illinois
Adoption Registry. If the petitioner is an | 14 | | adult child of an adopted or surrendered person
who is | 15 | | deceased, the
confidential intermediary shall additionally | 16 | | confirm that the adopted or surrendered person
did not file a | 17 | | Denial of Information Exchange or a Birth Parent Preference | 18 | | Form with Option E selected with the Illinois Adoption
Registry | 19 | | during his or her life. If there is a Denial on file with the | 20 | | Registry, the confidential intermediary must discontinue the | 21 | | search unless the petitioner is an adult adopted or surrendered | 22 | | person and the sought-after birth relative filed the Denial 5 | 23 | | years or more prior to the search or the birth parent has not | 24 | | been the object of a search through the State confidential | 25 | | intermediary program for 10 or more years. If the petitioner is | 26 | | an adult adopted or surrendered person and there is a denial, |
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| 1 | | the Birth Parent Preference Form on file with the Registry and | 2 | | the birth parent who completed the form selected Option E, or | 3 | | if there is an 18.3 statement indicating the birth parent's | 4 | | intent not to have identifying information shared and the birth | 5 | | parent did not later file an Information Exchange Authorization | 6 | | with the Registry, the confidential intermediary must | 7 | | discontinue the search unless 5 years or more have elapsed | 8 | | since the execution filing of the Denial of Information | 9 | | Exchange, Birth Parent Preference Form , or the 18.3 statement . | 10 | | If the petitioner is an adult birth sibling of
an
adopted
or | 11 | | surrendered person or an adult sibling of a birth parent who is | 12 | | deceased,
the confidential intermediary shall
additionally | 13 | | confirm that the birth parent did not file a Denial of | 14 | | Information
Exchange or a Birth Parent Preference Form with | 15 | | Option E selected with the Registry during his or her life. If | 16 | | the confidential
intermediary learns that a sought-after birth | 17 | | parent signed an 18.3 statement
indicating his or her intent | 18 | | not to have identifying information shared, and
did not later | 19 | | file an Information Exchange Authorization or a Birth Parent | 20 | | Preference Form with the
Registry, the confidential | 21 | | intermediary shall discontinue the search and inform
the | 22 | | petitioning party of the birth parent's intent, unless the | 23 | | petitioner is an adult adopted or surrendered person and 5 | 24 | | years or more have elapsed since the birth parent signed the | 25 | | statement indicating his or her intent not to have identifying | 26 | | information shared. In cases where the birth parent filed a |
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| 1 | | Denial of Information Exchange or Birth Parent Preference Form | 2 | | where Option E was selected, or statement indicating his or her | 3 | | intent not to have identifying information shared less than 5 | 4 | | years prior to the search request and the petitioner is an | 5 | | adult adopted or surrendered person, the confidential | 6 | | intermediary shall inform the petitioner of the need to | 7 | | discontinue the search until 5 years have elapsed since the | 8 | | Denial of Information Exchange or Birth Parent Preference Form | 9 | | where Option E was selected, or statement
was filed; in cases | 10 | | where a birth parent was previously the subject of a search | 11 | | through the State confidential intermediary program, the | 12 | | confidential intermediary shall inform the petitioner of the | 13 | | need to discontinue the search until 10 years or more have | 14 | | elapsed since the initial search was closed. In cases where a | 15 | | birth parent has been the object of 2 searches through the | 16 | | State confidential intermediary program, no subsequent search | 17 | | for the birth parent shall be authorized absent a court order | 18 | | to the contrary.
| 19 | | In conducting a search under this Section, the confidential | 20 | | intermediary
shall attempt to locate the relative or relatives | 21 | | from whom the petitioner has
requested information. If the | 22 | | sought-after relative is deceased
or cannot be located after a | 23 | | diligent search, the
confidential intermediary may contact | 24 | | other adult relatives of the
sought-after relative.
| 25 | | The confidential intermediary shall contact a sought-after | 26 | | relative on
behalf of the petitioner in a manner that respects |
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| 1 | | the sought-after relative's
privacy and shall inform the | 2 | | sought-after relative of the petitioner's request
for medical | 3 | | information, identifying information or contact as stated in | 4 | | the
petition. Based upon the terms of the petitioner's request, | 5 | | the confidential
intermediary shall contact a sought-after | 6 | | relative on behalf of the petitioner
and inform the | 7 | | sought-after relative of the following options:
| 8 | | (1) The sought-after relative may totally reject one or | 9 | | all of the
requests for medical information, identifying | 10 | | information or
contact. The sought-after relative shall be | 11 | | informed that they can
provide a medical questionnaire to | 12 | | be forwarded to the petitioner
without releasing any | 13 | | identifying information. The confidential
intermediary | 14 | | shall inform the petitioner of the sought-after
relative's | 15 | | decision to reject the sharing of information or contact.
| 16 | | (2) The sought-after relative may consent to | 17 | | completing a medical
questionnaire only. In this case, the | 18 | | confidential intermediary
shall provide the questionnaire | 19 | | and ask the sought-after relative to
complete it. The | 20 | | confidential intermediary shall forward the
completed | 21 | | questionnaire to the petitioner and inform the petitioner
| 22 | | of the sought-after relative's desire to not provide any | 23 | | additional
information.
| 24 | | (3) The sought-after relative may communicate with the | 25 | | petitioner
without having his or her identity disclosed. In | 26 | | this case, the
confidential intermediary shall arrange the |
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| 1 | | desired communication
in a manner that protects the | 2 | | identity of the sought-after relative.
The confidential | 3 | | intermediary shall inform the petitioner of the
| 4 | | sought-after relative's decision to communicate but not | 5 | | disclose
his or her identity.
| 6 | | (4) The sought-after relative may consent to initiate | 7 | | contact with the
petitioner. The If both the petitioner and | 8 | | the sought-after relative or
relatives are eligible to | 9 | | register with the Illinois Adoption Registry,
the | 10 | | confidential intermediary shall provide the necessary
| 11 | | application forms and request that the sought-after | 12 | | relative
register with the Illinois Adoption Registry. If | 13 | | either the petitioner
or the sought-after relative or | 14 | | relatives are ineligible to register
with the Illinois | 15 | | Adoption Registry, the confidential intermediary
shall | 16 | | obtain written consents from both parties that they wish to
| 17 | | disclose their identities to each other and to have contact | 18 | | with
each other.
| 19 | | (j) Oath. The confidential intermediary shall sign an oath | 20 | | of
confidentiality substantially as follows: "I, .........., | 21 | | being duly sworn, on
oath depose and say: As a condition of | 22 | | appointment as a confidential
intermediary, I affirm that:
| 23 | | (1) I will not disclose to the petitioner,
directly or | 24 | | indirectly, any confidential information
except in a | 25 | | manner consistent with the
law.
| 26 | | (2) I recognize that violation of this oath subjects me |
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| 1 | | to civil liability
and to a potential finding of contempt | 2 | | of court.
................................
| 3 | | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| 4 | | date)
| 5 | | ................................."
| 6 | | (k) Sanctions.
| 7 | | (1) Any confidential intermediary who improperly | 8 | | discloses
confidential information identifying a | 9 | | sought-after relative shall be liable to
the sought-after | 10 | | relative for damages and may also be found in contempt of
| 11 | | court.
| 12 | | (2) Any person who learns a sought-after
relative's | 13 | | identity, directly or indirectly, through the use of | 14 | | procedures
provided in this Section and who improperly | 15 | | discloses information identifying
the sought-after | 16 | | relative shall be liable to the sought-after relative for
| 17 | | actual damages plus minimum punitive damages of $10,000.
| 18 | | (3) The Department shall fine any confidential | 19 | | intermediary who improperly
discloses
confidential | 20 | | information in violation of item (1) or (2) of this | 21 | | subsection (k)
an amount up to $2,000 per improper | 22 | | disclosure. This fine does not affect
civil liability under | 23 | | item (2) of this subsection (k). The Department shall
| 24 | | deposit all fines and penalties collected under this | 25 | | Section into the Illinois
Adoption Registry and Medical | 26 | | Information Fund.
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| 1 | | (l) Death of person being sought. Notwithstanding any other | 2 | | provision
of this Act, if the confidential intermediary | 3 | | discovers that the person
being sought has died, he or she | 4 | | shall report this fact to the court,
along with a copy of the | 5 | | death certificate. If the sought-after relative is a birth | 6 | | parent, the confidential intermediary shall also forward a copy | 7 | | of the birth parent's death certificate, if available, to the | 8 | | Registry for inclusion in the Registry file.
| 9 | | (m) Any confidential information obtained by the | 10 | | confidential intermediary
during the course of his or her | 11 | | search shall be kept strictly confidential
and shall be used | 12 | | for the purpose of arranging contact between the
petitioner and | 13 | | the sought-after birth relative. At the time the case is
| 14 | | closed, all identifying information shall be returned to the | 15 | | court for
inclusion in the impounded adoption file.
| 16 | | (n) (Blank). If the petitioner is an adopted or surrendered | 17 | | person 21 years of age or over or the
adoptive parent or legal | 18 | | guardian of an adopted or surrendered person under the age
of | 19 | | 21, any
non-identifying information, as defined in Section | 20 | | 18.4, that is
ascertained during the course of the search may | 21 | | be given in writing to
the petitioner at any time during the | 22 | | search before the case is closed.
| 23 | | (o) Except as provided in subsection (k) of this Section, | 24 | | no liability shall
accrue to
the State, any State agency, any | 25 | | judge, any officer or employee of the
court, any certified | 26 | | confidential intermediary, or any agency designated
to oversee |
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| 1 | | confidential intermediary services for acts, omissions, or
| 2 | | efforts made in good faith within the scope of this Section.
| 3 | | (p) An adoption agency that has received a request from a | 4 | | confidential intermediary for the full name, date of birth, | 5 | | last known address, or last known telephone number of a | 6 | | sought-after relative pursuant to subsection (g) of Section | 7 | | 18.3a, or for medical information regarding a sought-after | 8 | | relative pursuant to subsection (h) of Section 18.3a, must | 9 | | satisfactorily comply with this court order within a period of | 10 | | 45 days. The court shall order the adoption agency to reimburse | 11 | | the petitioner in an amount equal to all payments made by the | 12 | | petitioner to the confidential intermediary, and the adoption | 13 | | agency shall be subject to a civil monetary penalty of $1,000 | 14 | | to be paid to the Department of Children and Family Services. | 15 | | Following the issuance of a court order finding that the | 16 | | adoption agency has not complied with Section 18.3, the | 17 | | adoption agency shall be subject to a monetary penalty of $500 | 18 | | per day for each subsequent day of non-compliance. Proceeds | 19 | | from such fines shall be utilized by the Department of Children | 20 | | and Family Services to subsidize the fees of petitioners as | 21 | | referenced in subsection (d) of this Section. | 22 | | (q) (Blank). Provide information to eligible petitioner. | 23 | | The confidential intermediary may provide to eligible | 24 | | petitioners as described in subsections (a) and (b) of this | 25 | | Section, the name of the child welfare agency which had legal | 26 | | custody of the surrendered person or responsibility for placing |
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| 1 | | the surrendered person and any available contact information | 2 | | for such agency. In addition, the confidential intermediary may | 3 | | provide to such petitioners the name of the state in which the | 4 | | surrender occurred or in which the adoption was finalized. | 5 | | Any reimbursements and fines, notwithstanding any | 6 | | reimbursement directly to the petitioner, paid under this | 7 | | subsection are in addition to other remedies a court may | 8 | | otherwise impose by law. | 9 | | The Department of Children and Family Services shall submit | 10 | | reports to the Adoption Registry-Confidential Intermediary | 11 | | Advisory Council by July 1 and January 1 of each year in order | 12 | | to report the penalties assessed and collected under this | 13 | | subsection, the amounts of related deposits into the DCFS | 14 | | Children's Services Fund, and any expenditures from such | 15 | | deposits.
| 16 | | (Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10; | 17 | | 97-110, eff. 7-14-11; 97-1063, eff. 1-1-13.)
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