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(410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1)
Sec. 25.1. (a) When the State Registrar of Vital Records receives
or prepares a death certificate the Registrar shall make an
appropriate notation in the birth certificate record of that person that
the person is deceased. The Registrar shall also notify the appropriate
municipal or county custodian of such birth record that the person is
deceased, and such custodian shall likewise make an appropriate notation
in its records.
(b) In response to any inquiry, the Registrar or a custodian shall not
provide a copy of a birth certificate or information concerning the birth
record of any deceased person except as provided in this subsection (b) or
as otherwise provided in this Act or as approved by the Department. When a
copy of the birth certificate of a deceased person is requested, the
Registrar or custodian shall require the person making the request to
complete an information form, which shall be developed and furnished by the
Department and shall include, at a minimum, the name, address, telephone
number, social security number and driver's license number of the person
making the request. Before furnishing the copy, the custodian shall
prominently stamp on the copy the word "DECEASED" and write or stamp on the
copy the date of death of the deceased person. The custodian shall retain
the information form completed by the person making the request, and note
on the birth certificate record that such a request was made. The
custodian shall make the information form available to the Illinois State Police or any local law enforcement agency upon request. A city or
county custodian shall promptly submit copies of all completed forms to the
Registrar. The word "DECEASED" and the date of death shall not appear on a copy of a birth certificate furnished to a parent of a child who died within 3 months of birth, provided no other copy of a birth certificate was furnished to the parent prior to the child's death.
(c) The Registrar shall furnish, no later than 60 days after receipt of
a form used to request a birth certificate record of a deceased person, a
copy of the form and a copy of the corresponding birth certificate record
to the
Department of Healthcare and Family Services and the Department of Human
Services. The Department of Healthcare and Family Services and the Department of Human Services shall, upon receipt of such
information, check their records to
ensure that no claim for public assistance under the Illinois Public Aid
Code is being made either by a person
purporting to be the deceased person or by any person on behalf of the
deceased person.
(d) Notwithstanding the requirements of subsection (b), when the death of a child occurs within 90 days of that child's live birth, the mother listed on the birth certificate of that child may request the issuance of a copy of a certificate of live birth from the State Registrar. Such request shall be made in accordance with subsection (b), shall indicate the requestor's relationship to the child, and shall be made not later than 9 months from the date of the death of the child. Except as provided herein, the Registrar shall conform to all requirements of this Act in issuing copies of certificates under this subsection (d).
(Source: P.A. 102-538, eff. 8-20-21.)
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