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90_SB0530
750 ILCS 50/18.3b new
750 ILCS 50/18.3a rep.
Amends the Adoption Act. Provides that persons 18 years
of age or older may petition the court where an adoption took
place to determine the whereabouts of unknown relatives.
Provides for the Department of Children and Family Services
to set the standards for confidential intermediaries by rule.
Provides that a court may appoint a confidential intermediary
to conduct the search for unknown relatives. Provides that
the records of the confidential intermediary shall be kept
confidential and shall be returned to the court for inclusion
in the impounded adoption file. Provides that sought-after
relatives are not required to disclose their identity or
location. Provides that petitioners shall pay the fee for
services provided by the confidential intermediary. Provides
that confidential intermediaries are exempt from liability
for acts, omissions, or efforts made in good faith within the
scope of the Adoption Act. Provides for sanctions against
persons who improperly disclose information about
sought-after relatives. Repeals the current provisions
concerning confidential intermediaries. Effective
immediately.
LRB9002675SMcw
LRB9002675SMcw
1 AN ACT to amend the Adoption Act by adding Section 18.3b
2 and repealing Section 18.3a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Adoption Act is amended by adding Section
6 18.3b as follows:
7 (750 ILCS 50/18.3b new)
8 Sec. 18.3b. Confidential intermediaries.
9 (a) Legislative declaration. The General Assembly finds
10 that adult adoptees, adoptive parents, birth parents, and
11 birth siblings should have a qualified right of access to any
12 records regarding their or their child's adoption or the
13 adoption of their offspring or siblings and that this
14 qualified right must coexist with the right of the parties to
15 privacy and confidentiality. The General Assembly also finds
16 that an adult adoptee, his or her birth or adoptive parent,
17 or his or her birth sibling may, at different times, desire
18 to obtain information about each other. Furthermore, the
19 General Assembly finds that confidentiality is essential to
20 the adoption process and that any procedure to access
21 information that relates to an adoption must be designed to
22 maintain confidentiality and to respect the wishes of all
23 involved parties.
24 It is the purpose of this Section to establish a
25 confidential process whereby adult adoptees and adoptive
26 parents who desire information concerning their or their
27 child's adoption, and birth parents and siblings who desire
28 information concerning an adult adoptee, may pursue access to
29 that information.
30 The General Assembly further finds and declares that the
31 purpose of establishing the confidential process set forth in
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1 this Section is to create a pool of individuals that the
2 courts and interested parties may call upon to initiate a
3 search for a birth relative. It is not the intent of the
4 General Assembly that the process shall be construed as the
5 regulation of an occupation or profession.
6 Nothing in this Act is intended to prohibit licensed
7 child welfare agencies from assisting in initiating searches
8 or in locating information for parties to an adoption.
9 It is the intention of this Section that the privacy and
10 wishes of the birth parents be respected. Therefore, in
11 conducting a search under this Section the confidential
12 intermediary must first attempt to locate the birth parents
13 of the adoptee. If either of the birth parents is deceased,
14 has been found incompetent by a court, or cannot be located
15 after a diligent search, then adult siblings and other adult
16 relatives may be contacted.
17 When an adoptee is deceased, has been found incompetent
18 by a court, or is unable to be located by a diligent search,
19 then the children of the adoptee may petition the court under
20 the provisions of this Section.
21 (b) Definitions. As used in this Section, unless the
22 context otherwise requires:
23 "Adoptee" means a person who, as a minor, was adopted
24 under a final decree of adoption entered by a court.
25 "Adoptive parent" means an adult who has become a parent
26 through the legal process of adoption.
27 "Adult" means a person 18 years of age or older.
28 "Birth parent" means a parent, by birth, of an adopted
29 person.
30 "Birth sibling" means a sibling, by birth, of an adopted
31 person.
32 "Confidential intermediary" means a person 21 years of
33 age or older who has completed a certification program for
34 confidential intermediaries that meets the standards set
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1 forth by rule by the Department of Children and Family
2 Services and who is authorized to inspect confidential
3 relinquishment, adoption, and other records as set forth in
4 the definition of "access to records" at the request of an
5 adult adoptee, adoptive parent, birth parent, or birth
6 sibling.
7 "Consent" means voluntary, informed, written consent that
8 has been preceded by an explanation that consent permits the
9 confidential intermediary to arrange a personal contact among
10 birth relatives.
11 "Court" means any court of record with jurisdiction over
12 the matter at issue.
13 "Access to records" means, notwithstanding any other
14 provision of law, the confidential intermediary shall have
15 access to all records of the court, any agency, or any public
16 or private hospital that relate to the adoption or to the
17 identity or location of any party to the adoption.
18 "Nonidentifying information" includes, and is limited to,
19 the following information about the birth parents, birth
20 grandparents, and siblings of the adoptee:
21 (1) age in years at the time of adoption;
22 (2) heritage, including nationality, ethnic
23 background, and race;
24 (3) education, including number of years of school
25 completed at the time of adoption, but not name or
26 location of school;
27 (4) general physical appearance, including height,
28 weight, color of hair, eyes, and skin, or other
29 information of a similar nature;
30 (5) religion;
31 (6) occupation, but not specific titles or places
32 of employment;
33 (7) talents, hobbies, and special interests;
34 (8) circumstances leading to the adoption;
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1 (9) the fact of death, and age and cause, if known;
2 (10) other information provided by the birth parent
3 for disclosure to the child, which may include items such
4 as photographs, letters, and statements explaining the
5 reasons for the adoption;
6 (11) name of agency or individual that facilitated
7 the adoption; and
8 (12) history of prior placements.
9 (c) Confidential intermediaries; confidential
10 intermediary services.
11 Any person who has completed a confidential intermediary
12 certification program that meets the standards set forth by
13 rule by the Department of Children and Family Services shall
14 be included on the list of confidential intermediaries that
15 shall be maintained by the Department of Children and Family
16 Services and made available to the judiciary.
17 Any adult adoptee, adoptive parent, birth parent, or
18 birth sibling who is 18 years of age or older may file a
19 petition in the court where the adoption took place to
20 appoint one or more confidential intermediaries for the
21 purpose of determining the whereabouts of one or more of his
22 or her unknown relatives; except that no one shall seek to
23 determine the whereabouts of a relative who is younger than
24 18 years of age. The court, without holding a hearing, may
25 rule on the petition and may appoint a certified confidential
26 intermediary.
27 Any identifying information obtained by the confidential
28 intermediary during the course of his or her investigation
29 shall be kept strictly confidential and shall be used only
30 for the purpose of arranging a contact between the individual
31 who initiated the search and the sought-after birth relative.
32 At the time the case is closed, all such identifying
33 information shall be returned to the court for inclusion in
34 the impounded adoption file.
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1 Any nonidentifying information may be given in writing to
2 the petitioner by the confidential intermediary before the
3 case is closed.
4 The confidential intermediary shall contact a
5 sought-after relative on behalf of the individual who
6 initiated the search and shall inform the sought-after
7 relative of the following options:
8 (1) The sought-after relative may totally reject
9 the request for contact or information, or both, and no
10 disclosure of identity or location shall be made to the
11 petitioner.
12 (2) If the sought-after relative wishes to
13 communicate with the petitioner but does not wish his or
14 her identity disclosed, the confidential intermediary
15 shall arrange the desired communication in as
16 confidential a manner as possible to protect the privacy
17 of the sought-after relative and minimize the likelihood
18 of disclosure of the sought-after relative's identity.
19 (3) When a sought-after birth relative is located
20 by a confidential intermediary on behalf of the
21 individual who initiated the search and when both parties
22 desire to disclose their identities, the confidential
23 intermediary shall obtain written consents from both
24 parties that they wish to disclose their identities to
25 each other. The confidential intermediary shall then
26 disclose identities as specified in the consents.
27 (4) When a sought-after birth relative is located
28 by a confidential intermediary on behalf of the
29 individual who initiated the search, and when only one
30 party desires to disclose his or her identity to the
31 other, the confidential intermediary shall obtain a
32 written consent from the disclosing party and the consent
33 shall include notification that the other party will not
34 consent to disclosure of his or her identity.
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1 (d) Death of the sought-after relative. Notwithstanding
2 any other provision of this Act, if the confidential
3 intermediary discovers that the sought-after relative has
4 died, he or she shall report this to the court and shall
5 provide a copy of the death certificate to the court, if
6 possible.
7 The confidential intermediary may then attempt to locate
8 other family members. These family members shall be limited
9 to the birth grandparents of the adoptee, a brother or sister
10 of a birth parent, or the adult child of a birth parent. The
11 court for good cause may allow a relative more distant in
12 degree to be sought.
13 (e) Fees and expenses. The court shall condition the
14 appointment of the confidential intermediary on the
15 petitioner's payment of the service fee and the expenses in
16 advance of the commencement of the work of the confidential
17 intermediary, unless for good cause the court approves a
18 waiver or reduction of the fee.
19 When a birth relative wishes to disclose information
20 about a serious medical condition to an adoptee or to the
21 adoptive parents of an adoptee who is a minor, the court has
22 the discretion to waive any fees and expenses solely related
23 to releasing that medical information.
24 (f) Oath. The confidential intermediary shall sign an
25 oath of confidentiality substantially as follows:
26 I, ....., do solemnly swear (affirm), as a condition
27 of appointment as a confidential intermediary, as
28 follows:
29 (1) I will not disclose to the petitioner, directly or
30 indirectly, any information about the identity or location of
31 the birth relative who is being sought except in a manner
32 consistent with the law.
33 (2) I recognize that violation of this oath subjects me
34 to civil liability and to being found in contempt of court.
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1 (g) Exemption from liability. No liability shall accrue
2 to the State, any State agency, any judge, any officer or
3 employee of the court, any certified confidential
4 intermediary, or any agency designated to oversee
5 confidential intermediary services for acts, omissions, or
6 efforts made in good faith within the scope of this Act and
7 under its provisions.
8 Any confidential intermediary who improperly discloses
9 information identifying a sought-after relative shall be
10 liable to the sought-after relative for damages and may also
11 be found in contempt of court.
12 Any physician or other person who learns a sought-after
13 relative's identity, directly or indirectly, through the use
14 of procedures provided in this Section and who improperly
15 discloses information identifying the sought-after relative
16 shall be liable to the sought-after relative for actual
17 damages plus minimum punitive damages of $10,000.
18 (h) Requests for assistance. In the discretion of any
19 court receiving written requests for assistance in obtaining
20 information concerning an adoption, the confidential
21 intermediary program may be requested to assist the court in
22 responding to the requests. The methods of reimbursement to
23 the confidential intermediary program for the services shall
24 be determined by the court desiring the services.
25 (750 ILCS 50/18.3a rep.)
26 Section 10. The Adoption Act is amended by repealing
27 Section 18.3a.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.