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(410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
Sec. 22. (1) A certificate or record filed under this Act may be amended
only in accordance with this Act and such regulations as the Department may
adopt to protect the integrity of vital records.
An application for an amendment shall be accompanied by a fee of $15 which
includes the provision of one certification or certified copy of the
amended birth record. If the request is for additional
copies, it shall be accompanied by a fee of $2 for each additional
certification or certified copy. Such amendments may only
be made in connection with the original certificates and may not be made on
copies of such certificates without the approval of the State Registrar of
Vital Records. The provisions of this Section shall also be applicable to a
certificate or record filed under any former Act relating to the
registration of births, stillbirths, and deaths. Any original certificate
or record filed with the county clerk prior to January 1, 1916, may be
amended by the county clerk under the same provisions of this Section, or
regulations adopted pursuant thereto, as apply to the State Registrar of
Vital Records governing amendments to certificates or records filed with
the Department subsequent to December 31, 1915.
(2) A certificate that is amended under this Section after its filing
shall have the correction entered on its face; shall clearly indicate that
an amendment has been made; and shall show the date of the amendment. A
summary description of the evidence submitted in support of an amendment
shall be permanently retained by the Department either as an original
record or in microphotographic form. Documents from which such summary
descriptions are made may be returned by the Department to the person or
persons submitting them. The Department shall prescribe by regulation the
conditions under which, within one year after the date of occurrence,
additions or minor corrections may be made without the certificate being
considered amended.
(3) An amendment to a delayed birth registration established under the
provisions of Section 15 of this Act may be made by the State Registrar
of Vital Records only upon the basis of an order from the court which
originally established the facts of birth.
(4) Upon receipt of a certified copy of a court order changing the name
or names of a person born in this State, the official custodian shall amend
the original certificate of birth to reflect the changes.
(5) (Blank).
(6) When the
paternity of a child with a certificate of birth on file in this State is
established through voluntary acknowledgment or by a court or administrative
agency under the laws of this or any other state, the
State Registrar of Vital Records shall amend the original record accordingly,
upon notification from a circuit court of this State or the Department of Healthcare and Family Services (formerly
Illinois Department
of Public Aid), or upon receipt of a certified copy of another state's
acknowledgment or judicial or administrative determination of paternity.
(7) Notwithstanding any other provision of this Act, if an
adopted person applies in accordance with this Section for the amendment of the
name on his or her birth certificate, the State Registrar shall amend the birth
certificate if the person provides documentation or other evidence supporting
the application that would be deemed sufficient if the documentation or
evidence had been submitted in support of an application by a person who has
not been adopted.
(8) When paternity has been established after the birth in accordance with
Section 12, the State Registrar of Vital Records shall amend the original
record accordingly.
(9) Upon application by the parents not later than one year after an
acknowledgment of parentage under this Act or the Illinois Public Aid Code or a
judicial or administrative determination or establishment of paternity or
parentage, the State Registrar of Vital Records shall amend the child's
name on the child's certificate of birth
in accordance with the application. No more than one application to change a
child's name may be made under this subsection (9).
(10) When a certificate is amended by the State Registrar of Vital Records
under this Section, the State Registrar of Vital Records shall furnish a copy
of the summary description to the custodian of any permanent local records and
such records shall be amended accordingly.
(Source: P.A. 95-331, eff. 8-21-07.)
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