Illinois General Assembly - Illinois Compiled Statutes

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410 ILCS 535/16.1

(410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)

Sec. 16.1.

When it appears from a certificate of adoption transmitted to
the State Registrar of Vital Records, pursuant to the provisions of Section
16 of this Act, that the child was born outside of the United States or
its Territories, then, upon submission to the State Registrar of Vital
Records of evidence as to the child's birth date and birthplace provided by
the original birth certificate, or by a certified copy, extract, or
translation thereof or by other document essentially equivalent thereto
(the records of the U.S. Citizenship and Immigration Services or of the
U.S. Department of State to be considered essentially equivalent thereto),
the State Registrar of Vital Records shall make and file a Record of
Foreign Birth.  The State Registrar of Vital Records may make and file a
Record of Foreign Birth for a person
born in a foreign country
who
has been granted an IR-3 or IH-3 visa by the U.S. Citizenship and Immigration Services under the Immigration and Nationality Act
and who was adopted under the laws of a jurisdiction or
country other than
the United States by an adopting parent who is a resident of this State
upon the submission to the State Registrar of Vital Records of: (1)
evidence as to the child's
birth date and birthplace (including the country of birth and if available, the
city and province of birth) provided by the original birth certificate, or
by a
certified copy, extract, or
translation thereof or by other document essentially equivalent thereto (the
records of the U.S.
Citizenship and Immigration Services or of the U.S. Department of State to be
considered
essentially equivalent thereto); (2) a certified copy, extract, or translation
of the adoption decree
 or by other document essentially equivalent thereto (the
records of the U.S.
Citizenship and Immigration Services or of the U.S. Department of State to be
considered essentially equivalent thereto);
(3) a
copy of the IR-3 or IH-3 visa; and (4) the name and address of the adoption agency that
handled the adoption.  The Record of Foreign Birth shall include the actual
place and date of birth, the child's name and parentage as ordered in the
judgment of adoption and any other necessary facts.

Upon the specific written request by the person to whom the Record of
Foreign Birth relates or by his or her legal representative, or by an agency of
local, state or federal government, or upon the order of a court of competent
jurisdiction
and upon payment of a fee of $5 by the applicant, the State Registrar of
Vital Records shall issue to such applicant one certification or a certified
copy of the
specified Record of Foreign Birth.

Upon receipt of a certified copy of a court order of annulment of
adoption or a court order vacating a judgment of adoption of an adopted
person for whom a Record of Foreign Birth has been made and filed under the
provisions of this Section the State Registrar of Vital Records shall
nullify and void such Record of Foreign Birth by entering on its face the
statement "This Record is declared null and void upon the basis of a court
judgment annulling or vacating this adoption upon which this
Record is based"
and a notation identifying the court judgment.

The provisions of this Section shall also be applicable to, and shall
inure to the benefit of all persons for whom a judgment of
adoption has been
entered in a court in this State prior to August 26, 1963.  In such cases
the applicant shall furnish the State Registrar of Vital Records with a
certified copy of the adoption judgment together with affidavits
as to the
personal particulars of the foster parents in lieu of the certificate of
adoption specified in Section 16 of this Act.  In every case wherein the
State Registrar of Vital Records has previously been furnished with a
certificate of adoption involving a foreign born child adopted in Illinois,
a certified copy of the adoption judgment and affidavits of personal
particulars are not necessary, but the State Registrar of Vital Records
shall make and file a Record of Foreign Birth in the same manner and
fashion as if the certificate of adoption has been furnished him after
August 26, 1963.

(Source: P.A. 97-445, eff. 8-19-11.)