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Public Act 097-0110 | ||||
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AN ACT concerning families.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Vital Records Act is amended by changing | ||||
Section 17 as follows:
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(410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
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Sec. 17. (1) For a person born in this State, the State | ||||
Registrar of Vital
Records shall establish a new certificate of | ||||
birth when he receives any of
the following:
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(a) A certificate of adoption as provided in Section 16 | ||||
or a certified
copy of the order of adoption together with | ||||
the information necessary to
identify the original | ||||
certificate of birth and to establish the new
certificate | ||||
of birth; except that a new certificate of birth shall not | ||||
be
established if so requested by the court ordering the | ||||
adoption, the
adoptive parents, or the adopted person.
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(b) A certificate of adoption or a certified copy of | ||||
the order of
adoption entered in a court of competent | ||||
jurisdiction of any other state or
country declaring | ||||
adopted a child born in the State of Illinois, together
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with the information necessary to identify the original | ||||
certificate of
birth and to establish the new certificate | ||||
of birth; except that a new
certificate of birth shall not |
be established if so requested by the court
ordering the | ||
adoption, the adoptive parents, or the adopted person.
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(c) A request that a new certificate be established and | ||
such evidence as
required by regulation proving that such | ||
person has been legitimatized, or
that the circuit court, | ||
the Department of Healthcare and Family Services (formerly
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Illinois Department of Public Aid), or
a court or | ||
administrative agency of any other state
has established
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the paternity of such a person
by judicial or | ||
administrative processes or by voluntary acknowledgment,
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which is accompanied by the social security
numbers of all | ||
persons determined and presumed to be the parents.
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(d) An affidavit by a physician that he has performed | ||
an operation on a
person, and that by reason of the | ||
operation the sex designation on such
person's birth record | ||
should be changed. The State Registrar of Vital
Records may | ||
make any investigation or require any further information | ||
he
deems necessary.
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Each request for a new certificate of birth shall be | ||
accompanied by a fee
of $15 and entitles the applicant to one | ||
certification or certified copy
of the new certificate. If the | ||
request is for additional copies, it shall
be accompanied by a | ||
fee of $2 for each additional certification or certified
copy.
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(2) When a new certificate of birth is established, the | ||
actual place and
date of birth shall be shown; provided, in the | ||
case of adoption of a person
born in this State by parents who |
were residents of this State at the time
of the birth of the | ||
adopted person, the place of birth may be shown as the
place of | ||
residence of the adoptive parents at the time of such person's
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birth, if specifically requested by them, and any new | ||
certificate of birth
established prior to the effective date of | ||
this amendatory Act may be
corrected accordingly if so | ||
requested by the adoptive parents or the
adopted person when of | ||
legal age. The social security numbers of the
parents shall not | ||
be recorded on the certificate of birth. The social
security | ||
numbers may only be used for purposes allowed under federal | ||
law.
The new certificate shall be substituted for the original | ||
certificate of birth:
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(a) Thereafter, the original certificate and the | ||
evidence of adoption,
paternity, legitimation, or sex | ||
change shall not be subject to inspection
or certification | ||
except upon order of the circuit court or
as provided by | ||
regulation. If the new certificate was issued subsequent to | ||
an adoption, the original certificate shall not be subject | ||
to inspection until the adopted person has reached the age | ||
of 21; thereafter, the original certificate shall be made | ||
available as provided by Section 18.1b of the Adoption Act.
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(b) Upon receipt of notice of annulment of adoption, | ||
the original
certificate of birth shall be restored to its | ||
place in the files, and the
new certificate and evidence | ||
shall not be subject to inspection or
certification except | ||
upon order of the circuit court.
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(3) If no certificate of birth is on file for the person | ||
for whom a new
certificate is to be established under this | ||
Section, a delayed record of
birth shall be filed with the | ||
State Registrar of Vital Records as provided
in Section 14 or | ||
Section 15 of this Act before a new certificate of birth
is | ||
established, except that when the date and place of birth and | ||
parentage
have been established in the adoption proceedings, a | ||
delayed record shall
not be required.
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(4) When a new certificate of birth is established by the | ||
State
Registrar of Vital Records, all copies of the original | ||
certificate of birth
in the custody of any custodian of | ||
permanent local records in this State
shall be transmitted to | ||
the State Registrar of Vital Records as directed,
and shall be | ||
sealed from inspection except as provided by Section 18.1b of | ||
the Adoption Act .
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(5) Nothing in this Section shall be construed to prohibit | ||
the amendment
of a birth certificate in accordance with | ||
subsection (6) of Section 22.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The Adoption Act is amended by changing | ||
Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as | ||
follows:
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(750 ILCS 50/18.06)
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Sec. 18.06. Definitions. When used in Sections
18.05 |
through Section 18.6, for the purposes of the Registry:
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"Adopted person" means a person who was adopted
pursuant to | ||
the laws in effect at the time of the adoption.
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"Adoptive parent" means a person who has become a parent | ||
through the legal
process of adoption.
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"Adult child" means the biological child 21 years of age or | ||
over of a deceased adopted or surrendered person.
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"Adult Adopted or Surrendered Person" means an adopted or | ||
surrendered person 21 years of age or over. | ||
"Agency" means a public child welfare agency or a licensed | ||
child welfare
agency.
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"Birth aunt" means the adult full or half sister of a | ||
deceased birth parent.
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"Birth father" means the biological father of an adopted or | ||
surrendered
person who is named on the original certificate of | ||
live birth or on a consent
or surrender document, or a | ||
biological father whose paternity has been
established by a | ||
judgment or order of the court, pursuant to the Illinois
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Parentage Act of 1984.
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"Birth mother" means the biological mother of an adopted or | ||
surrendered
person.
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"Birth parent" means a birth mother or birth father of an | ||
adopted or
surrendered person.
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"Birth Parent Preference Form" means the form prepared by | ||
the Department of Public Health pursuant to Section 18.2 | ||
completed by a birth parent registrant and filed with the |
Registry that indicates the birth parent's preferences | ||
regarding contact and , if applicable, the release of his or her | ||
identifying information on the non-certified copy of the | ||
original birth certificate released to an adult adopted or | ||
surrendered person or to the surviving adult child or surviving | ||
spouse of a deceased adopted or surrendered person who has | ||
filed a Request for a Non-Certified Copy of an Original Birth | ||
Certificate. | ||
"Birth relative" means a birth mother, birth father, birth | ||
sibling, birth aunt, or birth uncle.
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"Birth sibling" means the adult full or half sibling
of an | ||
adopted or
surrendered person.
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"Birth uncle" means the adult full or half brother of a | ||
deceased birth parent.
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"Confidential intermediary" means an individual certified | ||
by the Department of Children and Family Services pursuant to | ||
Section 18.3a(e). | ||
"Denial of Information Exchange" means an affidavit | ||
completed by a
registrant with the Illinois Adoption Registry | ||
and Medical Information Exchange
denying the release of | ||
identifying information which has been filed with the Registry.
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"Information Exchange Authorization" means
an affidavit | ||
completed by a registrant with the Illinois Adoption Registry | ||
and
Medical Information Exchange authorizing the release of | ||
identifying
information which has been filed with the Registry.
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"Medical Information Exchange Questionnaire" means the |
medical
history
questionnaire completed by a registrant of the | ||
Illinois Adoption Registry and
Medical Information Exchange.
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"Non-certified Copy of the Original Birth Certificate" | ||
means a non-certified copy of the original certificate of live | ||
birth of an adult adopted or surrendered person who was born in | ||
Illinois. | ||
"Proof of death" means a death certificate.
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"Registrant" or "Registered Party" means a birth parent, | ||
birth sibling,
birth aunt, birth uncle, adopted or surrendered | ||
person 21 years of age or over, adoptive parent or legal
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guardian of an adopted or surrendered person under the age of | ||
21, or adoptive parent, surviving spouse, or adult child of a | ||
deceased adopted or surrendered person who has filed
an | ||
Illinois Adoption Registry Application or Registration | ||
Identification Form
with the Registry.
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"Registry" means the Illinois Adoption Registry and | ||
Medical Information Exchange. | ||
"Request for a Non-Certified Copy of an Original Birth | ||
Certificate" means an affidavit completed by an adult adopted | ||
or surrendered person or by the surviving adult child or | ||
surviving spouse of a deceased adopted or surrendered person | ||
and filed with the Registry requesting a non-certified copy of | ||
an adult adopted or surrendered person's original certificate | ||
of live birth in Illinois. | ||
"Surrendered person" means a person whose parents' rights | ||
have been
surrendered or terminated but who has not been |
adopted.
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"Surviving spouse" means the wife or husband , 21 years of | ||
age or older, of a deceased adopted or surrendered person who | ||
would be 21 years of age or older if still alive and who has one | ||
or more surviving biological children who are under the age of | ||
21.
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"18.3 Statement" means a statement regarding the | ||
disclosure of identifying information signed by a birth parent | ||
under Section 18.3 of this Act as it existed immediately prior | ||
to the effective date of this amendatory Act of the 96th | ||
General Assembly. | ||
(Source: P.A. 96-895, eff. 5-21-10.)
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(750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
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Sec. 18.1. Disclosure of identifying information.
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(a) The Department of Public Health shall establish and | ||
maintain a
Registry for the purpose of allowing mutually
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consenting members of birth and adoptive families to exchange | ||
identifying and medical information. Identifying information | ||
for
the purpose of this Act shall mean any one or more of the | ||
following:
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(1) The name and last known address of the consenting | ||
person or persons.
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(2) A copy of the Illinois Adoption Registry | ||
Application of the
consenting person or persons.
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(3) A non-certified copy of the original birth |
certificate of an adult adopted
or surrendered person.
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(b) Written authorization from all parties identified must | ||
be received prior
to disclosure of any identifying information, | ||
with the exception of non-certified copies of original birth | ||
certificates released to adult adopted or surrendered persons | ||
or to surviving adult children and surviving spouses of | ||
deceased adopted or surrendered persons pursuant to the | ||
procedures outlined in Section 18.1b(e).
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(c) At any time after a child is surrendered for adoption, | ||
or at any
time during the adoption proceedings or at any time | ||
thereafter, either
birth parent or both of them may file with | ||
the Registry a Birth
Parent Registration Identification Form | ||
and an Information Exchange
Authorization or a Denial of | ||
Information Exchange .
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(d) A birth sibling 21 years of age or over who was not | ||
surrendered for
adoption and who has submitted a copy of his or | ||
her birth certificate as well as proof of death for a deceased | ||
birth parent
and such birth parent did not file a Denial of | ||
Information Exchange or a Birth Parent Preference Form on which | ||
Option E was selected with the
Registry prior to his or her | ||
death may file a Registration Identification Form
and an | ||
Information Exchange Authorization or a Denial of Information | ||
Exchange.
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(e) A birth aunt or birth uncle who has submitted birth | ||
certificates for himself or herself and for a deceased birth | ||
parent naming at least one common biological parent as well as |
proof of death for the deceased birth parent and such birth | ||
parent did not file a Denial of Information Exchange or a Birth | ||
Parent Preference Form on which Option E was selected with the | ||
Registry prior to his or her death may file a Registration | ||
Identification Form and an Information Exchange Authorization | ||
or a Denial of Information Exchange.
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(f) Any adopted person 21 years of age or over, any | ||
surrendered person
21 years of age or over, or any adoptive | ||
parent or legal guardian of an
adopted or surrendered person | ||
under the age of 21 may file with the Registry
a Registration | ||
Identification Form and an Information Exchange Authorization
| ||
or a Denial of Information Exchange.
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(g) Any adult child 21 years of age or over of a deceased | ||
adopted or surrendered person who has submitted a copy of his | ||
or her birth certificate naming an adopted or surrendered | ||
person as his or her biological parent as well as proof of | ||
death for the deceased adopted or surrendered person and such | ||
adopted or surrendered person did not file a Denial of | ||
Information Exchange with the Registry prior to his or her | ||
death may file a Registration Identification Form and an | ||
Information Exchange Authorization or a Denial of Information | ||
Exchange.
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(h) Any surviving spouse of a deceased adopted or | ||
surrendered person 21 years of age or over who has submitted | ||
proof of death for the deceased adopted or surrendered person | ||
and such adopted or surrendered person did not file a Denial of |
Information Exchange with the Registry prior to his or her | ||
death as well as a birth certificate naming themselves and the | ||
adopted or surrendered person as the parents of a minor child | ||
under the age of 21 may file a Registration Identification Form | ||
and an Information Exchange Authorization or a Denial of | ||
Information Exchange.
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(i) Any adoptive parent or legal guardian of a deceased | ||
adopted or surrendered person who is 21 years of age or over | ||
who has submitted proof of death as well as proof of parentage | ||
or guardianship for the deceased adopted or surrendered person | ||
and such adopted or surrendered person did not file a Denial of | ||
Information Exchange with the Registry prior to his or her | ||
death may file a Registration Identification Form and an | ||
Information Exchange Authorization or a Denial of Information | ||
Exchange.
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(j) The Department of Public Health shall supply to the | ||
adopted or
surrendered person or his or her adoptive parents, | ||
legal guardians, adult children or surviving spouse, and
to the | ||
birth parents identifying information only if both the adopted | ||
or
surrendered person, or one of his or her adoptive parents, | ||
legal guardians, adult children or his or her surviving spouse, | ||
and
the birth parents have filed with the Registry an | ||
Information Exchange
Authorization or a Birth Parent | ||
Preference Form on which Option A, B, or C was selected and the | ||
information at the Registry indicates that the
consenting | ||
adopted or surrendered person, the child of the consenting
|
adoptive parents or legal guardians, the parent of the | ||
consenting adult child of the adopted or surrendered person, or | ||
the deceased wife or husband of the consenting surviving spouse
| ||
is the child of the consenting birth
parents, except | ||
identifying information that appears on a non-certified copy of | ||
an original birth certificate may be provided to an adult | ||
adopted or surrendered person or to the surviving adult child | ||
or surviving spouse of a deceased adopted or surrendered person | ||
pursuant to the procedures outlined in Section 18.1b(e) of this | ||
Act.
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The Department of Public Health shall supply to adopted or | ||
surrendered
persons who are birth siblings identifying | ||
information only if both siblings
have filed with the Registry | ||
an Information Exchange Authorization and the
information at | ||
the Registry indicates that the consenting siblings have one
or | ||
both birth parents in common. Identifying information shall be | ||
supplied to
consenting birth siblings who were adopted or | ||
surrendered if any such sibling
is 21 years of age or over. | ||
Identifying information shall be supplied to
consenting birth | ||
siblings who were not adopted or surrendered if any such
| ||
sibling is 21 years of age or over and has proof of death of the | ||
common birth
parent and such birth parent did not file a Denial | ||
of Information Exchange or a Birth Parent Preference Form on | ||
which Option E was selected
with the Registry prior to his or | ||
her death.
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(k) The Department of Public Health shall supply to the |
adopted or surrendered person or his or her adoptive parents, | ||
legal guardians, adult children or surviving spouse, and to a | ||
birth aunt identifying information only if both the adopted or | ||
surrendered person or one of his or her adoptive parents, legal | ||
guardians, adult children or his or her surviving spouse, and | ||
the birth aunt have filed with the Registry an Information | ||
Exchange Authorization and the information at the Registry | ||
indicates that the consenting adopted or surrendered person, or | ||
the child of the consenting adoptive parents or legal | ||
guardians, or the parent of the consenting adult child, or the | ||
deceased wife or husband of the consenting surviving spouse of | ||
the adopted or surrendered person is or was the child of the | ||
brother or sister of the consenting birth aunt.
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(l) The Department of Public Health shall supply to the | ||
adopted or surrendered person or his or her adoptive parents, | ||
legal guardians, adult children or surviving spouse, and to a | ||
birth uncle identifying information only if both the adopted or | ||
surrendered person or one of his or her adoptive parents, legal | ||
guardians, adult children or his or her surviving spouse, and | ||
the birth uncle have filed with the Registry an Information | ||
Exchange Authorization and the information at the Registry | ||
indicates that the consenting adopted or surrendered person, or | ||
the child of the consenting adoptive parents or legal | ||
guardians, or the parent of the consenting adult child, or the | ||
deceased wife or husband of the consenting surviving spouse of | ||
the adopted or surrendered person is or was the child of the |
brother or sister of the consenting birth uncle.
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(m) A registrant
may notify the Registry of his or her
| ||
desire not to have identifying information revealed or may | ||
revoke any previously
filed Information Exchange Authorization | ||
by completing and filing with the
Registry a Registry | ||
Identification Form along with a Denial of Information
Exchange | ||
or, if applicable, a Birth Parent Preference Form . Any | ||
registrant, except a birth parent, may revoke his or her Denial | ||
of Information Exchange by filing
an Information Exchange | ||
Authorization. A birth parent may revoke a Denial of | ||
Information Exchange by filing a Birth Parent Preference Form. | ||
Any birth parent who has previously filed a Birth Parent | ||
Preference Form where Option E was selected may revoke such | ||
preference by filing a subsequent Birth Parent Preference Form | ||
and selecting Option A, B, C, or D. The Department of Public | ||
Health shall
act in accordance with the most recently filed | ||
affidavit.
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(n) Identifying information ascertained from the Registry | ||
shall be
confidential and may be disclosed only (1) upon a | ||
Court Order, which order
shall name the person or persons | ||
entitled to the information, or (2) to a registrant who is the | ||
subject of an Information Exchange
Authorization or, if | ||
applicable, a Birth Parent Preference Form that was completed | ||
by another registrant and filed with the Illinois Adoption | ||
Registry and Medical Information Exchange, or (3) as authorized | ||
under subsection (h) of Section 18.3 of
this Act, or (4) |
pursuant to the procedures outlined in Section 18.1b(e) of this | ||
Act. Any person who willfully provides unauthorized
disclosure | ||
of any information filed with the Registry or who knowingly or
| ||
intentionally files false information with the Registry shall | ||
be guilty of
a Class A misdemeanor and shall be liable for | ||
damages.
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(o) If information is disclosed pursuant to this Act, the | ||
Department shall
redact it to remove any identifying | ||
information about any party who has not
consented to the | ||
disclosure of such identifying information, or, in the case of | ||
identifying information on the original birth certificate, | ||
pursuant to Section 18.1b(e) of this Act.
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(Source: P.A. 96-895, eff. 5-21-10.)
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(750 ILCS 50/18.1a)
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Sec. 18.1a. Registry matches.
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(a) The Registry shall release identifying information, as | ||
specified on
the applicant's Information Exchange | ||
Authorization or, if applicable, a Birth Parent Preference | ||
Form , to the following
mutually consenting registered parties
| ||
and provide them with any photographs or correspondence which | ||
have been placed in the
Adoption/Surrender Records File and
are | ||
specifically intended for the registered parties:
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(i) an adult adopted or surrendered person and one of | ||
his or her birth
relatives who have both filed an | ||
applicable Information
Exchange Authorization or, if |
applicable, a Birth Parent Preference Form specifying the | ||
other consenting party with the Registry,
if
information | ||
available to the Registry
confirms that the consenting | ||
adopted or surrendered person is biologically related to | ||
the consenting birth relative;
| ||
(ii) the adoptive parent or legal guardian of an | ||
adopted or surrendered
person under the age of 21
and one | ||
of the adopted or surrendered person's birth relatives who
| ||
have both filed an Information Exchange Authorization | ||
specifying the other
consenting party with the Registry , | ||
or, if applicable, a Birth Parent Preference Form, with the | ||
Registry, if
information available to the Registry | ||
confirms that the child of the consenting
adoptive parent | ||
or legal guardian is biologically related to the
consenting
| ||
birth relative; and
| ||
(iii) the adoptive parent, adult child or surviving | ||
spouse of a deceased adopted or surrendered person, and one | ||
of the adopted or surrendered person's birth relatives who | ||
have both filed an applicable Information Exchange | ||
Authorization specifying the other consenting party with | ||
the Registry, or, if applicable, a Birth Parent Preference | ||
Form, with the Registry, if information available to the | ||
Registry confirms that the child of the consenting adoptive | ||
parent, the parent of the consenting adult child or the | ||
deceased wife or husband of the consenting surviving spouse | ||
of the adopted or surrendered person was biologically |
related to the consenting birth relative.
| ||
(b) If a registrant is the subject of a Denial of
| ||
Information Exchange filed by another registered party or is an | ||
adopted or surrendered person, or the surviving relative of a | ||
deceased adopted or surrendered person, and a birth parent of | ||
the adopted or surrendered person completed a Birth Parent | ||
Preference Form and selected Option E , the Registry shall
not | ||
release identifying information to either registrant or, if | ||
applicable, to an adopted person who has requested a copy of | ||
his or her original birth certificate, with the exception of | ||
non-certified copies of the original birth certificate | ||
released under Section 18.1b(e), and as to a birth parent who | ||
has prohibited release of identifying information on the | ||
original birth certificate to the adult adopted or surrendered | ||
person, upon the death of said birth parent.
| ||
(c) If a registrant has completed a Medical Information | ||
Exchange
Questionnaire and has consented to its disclosure, | ||
that Questionnaire shall be
released to any registered party | ||
who has indicated their desire to receive such
information on | ||
his or her Illinois Adoption Registry Application, if
| ||
information available to the Registry
confirms that the | ||
consenting parties are biologically related, that the | ||
consenting
birth relative and the child of the consenting | ||
adoptive parents or legal
guardians are birth relatives, or | ||
that the consenting birth relative and the deceased wife or | ||
husband of the consenting surviving spouse are birth relatives.
|
(Source: P.A. 96-895, eff. 5-21-10.)
| ||
(750 ILCS 50/18.1b)
| ||
Sec. 18.1b. The Illinois Adoption Registry Application. | ||
The Illinois
Adoption Registry Application shall substantially | ||
include the following:
| ||
(a) General Information. The Illinois Adoption Registry
| ||
Application shall include the space to provide Information | ||
about the registrant
including his or her
surname, given name | ||
or names, social security number (optional), mailing
address, | ||
home telephone number, gender, date and place of birth, and the | ||
date
of registration. If applicable and known
to the | ||
registrant, he or she may include the maiden surname of the
| ||
birth mother, any subsequent surnames of the birth mother, the | ||
surname of the
birth father, the given name or names of the | ||
birth parents, the dates and
places of birth of the birth | ||
parents, the surname and given name or names of
the adopted | ||
person prior to adoption, the gender and date and place of | ||
birth of
the adopted or surrendered person, the name of the | ||
adopted person following
his or her adoption and the state and | ||
county where the judgment of adoption was
finalized.
| ||
(b) Medical Information Exchange Questionnaire. In | ||
recognition of
the importance of medical information and of | ||
recent discoveries regarding the
genetic origin of many medical | ||
conditions and diseases all registrants shall be
asked to | ||
voluntarily complete a Medical
Information Exchange |
Questionnaire. The Medical Information Exchange Questionnaire | ||
shall include a comprehensive check-list of medical conditions | ||
and diseases including those of genetic origin.
| ||
(1) For birth relatives, the Medical Information | ||
Exchange
Questionnaire
shall
include a comprehensive | ||
check-list of medical
conditions and diseases including | ||
those of genetic origin. Birth relatives shall be asked to | ||
indicate all genetically-inherited diseases
and
conditions | ||
on this
list which are known to exist in the adopted or | ||
surrendered person's birth
family at the time of | ||
registration.
In addition, all birth relatives
shall be | ||
apprised of the Registry's provisions for voluntarily | ||
submitting
information about their and their family's | ||
medical
histories on a confidential, ongoing basis.
| ||
(2) Adopted and surrendered persons and their adoptive | ||
parents, legal
guardians, adult children, and surviving | ||
spouses shall be asked to indicate all
| ||
genetically-inherited diseases and medical conditions with | ||
which the adopted or
surrendered person or, if applicable, | ||
his or her children have been diagnosed
since birth.
| ||
(3) The Medical Information Exchange Questionnaire
| ||
shall include a space where the registrant may authorize | ||
the release of the
Medical Information Exchange | ||
Questionnaire to specified registered parties and a
| ||
disclaimer
informing registrants that the Department of | ||
Public Health cannot guarantee the
accuracy of medical |
information exchanged through the Registry.
| ||
(c) Written statement. All registrants shall be given the
| ||
opportunity to voluntarily file a written statement with the | ||
Registry. This
statement
shall be submitted in the space | ||
provided.
No written statement submitted to the Registry
shall | ||
include identifying information pertaining to any person other | ||
than the
registrant who submitted it.
Any such identifying | ||
information shall be redacted by the Department or
returned for | ||
removal of identifying information.
| ||
(d) Exchange of information. All registrants except birth | ||
parents may indicate their
wishes regarding contact and the | ||
exchange of identifying and/or medical information with any | ||
other registrant by completing an
Information Exchange | ||
Authorization or a Denial of Information Exchange. Birth | ||
parents may indicate their wishes regarding contact by filing a | ||
Birth Parent Preference Form pursuant to the procedures | ||
outlined in this Section.
| ||
(1) Information Exchange Authorization. Adopted or | ||
surrendered persons 21
years of age or over who are | ||
interested in exchanging identifying and/or medical | ||
information or would welcome contact with one or more of | ||
their
birth relatives; birth parents
who are interested in | ||
exchanging identifying and/or medical information or would | ||
welcome contact with an adopted or surrendered
person 21 | ||
years of age or over, or one or more of his or her adoptive | ||
parents, legal guardians, adult children, or a surviving |
spouse;
birth siblings 21 years of age or over who were | ||
adopted or surrendered and who
are interested in exchanging | ||
identifying and/or medical information or would welcome | ||
contact with an adopted or surrendered person, or one or | ||
more of
his or her adoptive parents, legal guardians, adult | ||
children, or a surviving spouse; birth siblings 21 years of | ||
age
or
over who were not surrendered and who have submitted | ||
proof of death for any
common
birth parent
who did not file | ||
a Denial of Information Exchange or a Birth Parent | ||
Preference Form on which Option E was selected prior to his | ||
or her death,
and who are interested in exchanging | ||
identifying and/or medical information or would welcome | ||
contact with an adopted or surrendered person, or one or
| ||
more of his or her adoptive parents,
legal guardians, adult | ||
children, or a surviving spouse; birth aunts and birth | ||
uncles 21 years of age or over who have submitted birth | ||
certificates for themselves and a deceased birth parent | ||
naming at least one common biological parent as well as | ||
proof of death for a deceased birth parent and who are | ||
interested in exchanging identifying and/or medical | ||
information or would welcome contact with an adopted or | ||
surrendered person 21 years of age or over, or one or more | ||
of his or her adoptive parents, legal guardians, adult | ||
children or a surviving spouse;
adoptive parents or
legal | ||
guardians of
adopted or surrendered persons under the age | ||
of 21 who are interested in exchanging identifying and/or |
medical information or would welcome
contact with one or | ||
more of the adopted or surrendered person's birth | ||
relatives; adoptive parents and legal guardians of | ||
deceased adopted or surrendered persons 21 years of age or | ||
over who have submitted proof of death for a deceased | ||
adopted or surrendered person who did not file a Denial of | ||
Information Exchange prior to his or her death and who are | ||
interested in exchanging identifying and/or medical | ||
information or would welcome contact with one or more of | ||
the adopted or surrendered person's birth relatives; adult | ||
children of deceased adopted or surrendered persons who | ||
have submitted a birth certificate naming the adopted or | ||
surrendered person as their biological parent and proof of | ||
death for an adopted or surrendered person who did not file | ||
a Denial of Information Exchange prior to his or her death; | ||
and surviving spouses of deceased adopted or surrendered | ||
persons who have submitted a marriage certificate naming an | ||
adopted or surrendered person as their deceased wife or | ||
husband and proof of death for an adopted or surrendered | ||
person who did not file a Denial of Information Exchange | ||
prior to his or her death and who are interested in | ||
exchanging identifying and/or medical information or would | ||
welcome contact with one or more of the adopted or | ||
surrendered person's birth relatives may specify with whom | ||
they
wish to exchange identifying information by
filing an | ||
Information Exchange Authorization.
|
(2) Denial of Information Exchange. Adopted or | ||
surrendered persons 21
years of age or over who do not wish | ||
to exchange identifying information or establish contact | ||
with one or
more of their birth relatives may specify
with | ||
whom they do not wish to exchange
identifying information | ||
or do not wish to establish contact by filing a Denial of
| ||
Information Exchange. Birth relatives other than birth | ||
parents who do not wish to
establish contact with an
| ||
adopted or surrendered person or one or more of his or her | ||
adoptive parents,
legal guardians, or adult children may | ||
specify with whom they do not wish to exchange identifying
| ||
information or do not wish to establish contact by filing a | ||
Denial of Information Exchange. Birth parents who wish to | ||
prohibit the release of their identifying information on | ||
the original birth certificate released to an adult adopted | ||
or surrendered person who was born after January 1, 1946, | ||
or to the surviving adult child or surviving spouse of a | ||
deceased adopted or surrendered person who was born after | ||
January 1, 1946, may do so by filing a Denial with the | ||
Registry on or before December 31, 2010. As of January 1, | ||
2011, birth parents who wish to prohibit the release of | ||
identifying information on the non-certified copy of the | ||
original birth certificate released to an adult adopted | ||
surrendered person or to the surviving adult child or | ||
surviving spouse of a deceased adopted or surrendered | ||
person may do so by selecting Option E on a Birth Parent |
Preference Form and filing the Form with the Registry. | ||
Adoptive parents or
legal guardians of adopted or | ||
surrendered persons under the age of 21 who do
not wish to | ||
establish contact with one or more of the adopted or
| ||
surrendered person's birth relatives may specify with whom | ||
they
do not wish to exchange identifying
information by | ||
filing a Denial of Information Exchange. Adoptive parents, | ||
adult children, and surviving spouses of deceased adoptees | ||
who do not wish to exchange identifying information or | ||
establish contact with one or more of the adopted or | ||
surrendered person's birth relatives may specify with whom | ||
they do not wish to exchange identifying information or do | ||
not wish to establish contact by filing a Denial of | ||
Information Exchange.
| ||
(3) Birth Parent Preference Form. Beginning January 1, | ||
2011, birth parents who are eligible to register with the | ||
Illinois Adoption Registry and Medical Information | ||
Exchange and whose birth child was born on or after January | ||
1, 1946 may who wish to communicate their wishes regarding | ||
contact or may prohibit and/or the release of their | ||
identifying information on the non-certified copy of the | ||
original birth certificate released under subsection (e) | ||
of this Section by filing to an adult adopted or | ||
surrendered person or the surviving adult child or | ||
surviving spouse of a deceased adopted or surrendered | ||
person who has requested a copy of the adopted or |
surrendered person's original birth certificate by filing | ||
a Request for a Non-Certified Copy of an Original Birth | ||
Certificate pursuant to subsection (e) of this Section, may | ||
file a Birth Parent Preference Form with the Registry. | ||
Birth parents whose birth child was born before January 1, | ||
1946, may communicate their wishes regarding contact by | ||
completing a Birth Parent Preference Form, selecting | ||
Option A, B, C, or D, and filing the form with the | ||
Registry, but may not prohibit the release of identifying | ||
information. All Birth Parent Preference Forms on file with | ||
the Registry at the time of receipt of a Request for a | ||
Non-Certified Copy of an Original Birth Certificate from an | ||
adult adopted or surrendered person or the surviving adult | ||
child or surviving spouse of a deceased adopted or | ||
surrendered person shall be forwarded to the relevant | ||
adopted or surrendered person or surviving adult child or | ||
surviving spouse of a deceased adopted or surrendered | ||
person along with a non-certified copy of the adopted or | ||
surrendered person's original birth certificate as | ||
outlined in subsection (e) of this Section. | ||
(e) Procedures for requesting a non-certified copy of an | ||
original birth certificate by an adult adopted or surrendered | ||
person or by a surviving adult child or surviving spouse of a | ||
deceased adopted or surrendered person: | ||
(1) On or after the effective date of this amendatory | ||
Act of the 96th General Assembly, any adult adopted or |
surrendered person who was born in Illinois prior to | ||
January 1, 1946, may complete and file with the Registry a | ||
Request for a Non-Certified Copy of an Original Birth | ||
Certificate. The Registry shall provide such adult adopted | ||
or surrendered person with an unaltered, non-certified | ||
copy of his or her original birth certificate upon receipt | ||
of the Request for a Non-Certified Copy of an Original | ||
Birth Certificate. Additionally, in cases where an adopted | ||
or surrendered person born in Illinois prior to January 1, | ||
1946, is deceased, and one of his or her surviving adult | ||
children or his or her surviving spouse has registered with | ||
the Registry, he or she may complete and file with the | ||
Registry a Request for a Non-Certified Copy of an Original | ||
Birth Certificate. The Registry shall provide such | ||
surviving adult child or surviving spouse with an | ||
unaltered, non-certified copy of the adopted or | ||
surrendered person's original birth certificate upon | ||
receipt of the Request for a Non-Certified Copy of an | ||
Original Birth Certificate. | ||
(2) Beginning November 15, 2011, any adult adopted or | ||
surrendered person who was born in Illinois on or after | ||
January 1, 1946, may complete and file with the Registry a | ||
Request for a Non-certified Copy of an Original Birth | ||
Certificate. Additionally, in cases where the adopted or | ||
surrendered person is deceased and one of his or her | ||
surviving adult children or his or her surviving spouse has |
registered with the Registry, he or she may complete and | ||
file with the Registry a Request for a Non-Certified Copy | ||
of an Original Birth Certificate.
Upon receipt of such | ||
request from an adult adopted or surrendered person or from | ||
one of his or her surviving adult children or his or her | ||
surviving spouse, the Registry shall: | ||
(i) Determine if there is a Denial of Information | ||
Exchange which was filed by a birth parent named on the | ||
original birth certificate prior to January 1, 2011. If | ||
a Denial was filed by a birth parent named on the | ||
original birth certificate prior to January 1, 2011, | ||
and there is no proof of death in the Registry file for | ||
the birth parent who filed said Denial, the Registry | ||
shall inform the requesting adult adopted or | ||
surrendered person or the requesting surviving adult | ||
child or surviving spouse of a deceased adopted or | ||
surrendered person that they may receive a | ||
non-certified copy of the original birth certificate | ||
from which all identifying information pertaining to | ||
the birth parent who filed the Denial has been | ||
redacted. A requesting adult adopted or surrendered | ||
person shall also be informed in writing of his or her | ||
right to petition the court for the appointment of a | ||
confidential intermediary pursuant to Section 18.3a of | ||
this Act and, if applicable, to conduct a search | ||
through an agency post-adoption search program once 5 |
years have elapsed since the birth parent filed the | ||
Denial of Information Exchange with the Registry. | ||
(ii) Determine if a birth parent named on the | ||
original birth certificate has filed a Birth Parent | ||
Preference Form. If one of the birth parents named on | ||
the original birth certificate filed a Birth Parent | ||
Preference Form and selected Option A, B, C, or D, the | ||
Registry shall forward to the adult adopted or | ||
surrendered person or to the surviving adult child or | ||
surviving spouse of a deceased adopted or surrendered | ||
person a copy of the Birth Parent Preference Form along | ||
with an unaltered non-certified copy of his or her | ||
original birth certificate .
If one of the birth parents | ||
named on the original birth certificate filed a Birth | ||
Parent Preference Form and selected Option E, and there | ||
is no proof of death in the Registry file for the birth | ||
parent who filed said Birth Parent Preference Form, the | ||
Registry shall inform the requesting adult adopted or | ||
surrendered person or the requesting surviving adult | ||
child or surviving spouse of a deceased adopted or | ||
surrendered person that he or she may receive a | ||
non-certified copy of the original birth certificate | ||
from which identifying information pertaining to the | ||
birth parent who completed the Birth Parent Preference | ||
Form has been redacted per the birth parent's | ||
specifications on the Form. The Registry shall forward |
to the adult adopted or surrendered person or to the | ||
surviving adult child or surviving spouse of a deceased | ||
adopted or surrendered person a copy of the Birth | ||
Parent Preference Form filed by the birth parent from | ||
which identifying information has been redacted per | ||
the birth parent's specifications on the Form. The | ||
requesting adult adopted or surrendered person shall | ||
also be informed in writing of his or her right to | ||
petition the court for the appointment of a | ||
confidential intermediary pursuant to Section 18.3a of | ||
this Act, and, if applicable, to conduct a search | ||
through an agency post-adoption search program once 5 | ||
years have elapsed since the birth parent filed the | ||
Birth Parent Preference Form, on which Option E was | ||
selected, with the Registry. | ||
(iii) Determine if a birth parent named on the | ||
original birth certificate has filed an Information | ||
Exchange Authorization. | ||
(iv) If the Registry has confirmed that a | ||
requesting adult adopted or surrendered person or the | ||
parent of a requesting adult child of a deceased | ||
adopted or surrendered person or the husband or wife of | ||
a requesting surviving spouse was not the object of a | ||
Denial of Information Exchange filed by a birth parent | ||
on or before December 31, 2010, and that no birth | ||
parent named on the original birth certificate has |
filed a Birth Parent Preference Form where Option E was | ||
selected prior to the receipt of a Request for a | ||
Non-Certified Copy of an Original Birth Certificate, | ||
the Registry shall provide the adult adopted or | ||
surrendered person or his or her surviving adult child | ||
or surviving spouse with an unaltered non-certified | ||
copy of the adopted or surrendered person's original | ||
birth certificate. | ||
(3) In cases where the Registry receives a Birth Parent | ||
Preference Form from a birth parent subsequent to the | ||
release of the non-certified copy of the original birth | ||
certificate to an adult adopted or surrendered person or to | ||
the surviving adult child or surviving spouse of a deceased | ||
adopted or surrendered person, the Birth Parent Preference | ||
Form shall be immediately forwarded to the adult adopted or | ||
surrendered person or to the surviving adult child or | ||
surviving spouse of the deceased adopted or surrendered | ||
person and the birth parent who filed the form shall be | ||
informed that the relevant original birth certificate has | ||
already been released. | ||
(4) A copy of the original birth certificate shall only | ||
be released to adopted or surrendered persons who were born | ||
in Illinois; to surviving adult children or surviving | ||
spouses of deceased adopted or surrendered persons who were | ||
born in Illinois; or to 2 registered parties who have both | ||
consented to the release of a non-certified copy of the |
original birth certificate to one another through the | ||
Registry when the birth of the relevant adopted or | ||
surrendered person took place in Illinois. | ||
(5) In cases where the Registry receives a Request for | ||
a Non-Certified Copy of an Original Birth Certificate from | ||
an adult adopted or surrendered person who has not | ||
completed a Registry application and the file of that | ||
adopted or surrendered person includes an Information | ||
Exchange Authorization , Birth Parent Preference Form, or | ||
Medical Information Exchange Questionnaire from one or | ||
more of his or her birth relatives, the Registry shall so | ||
inform the adult adopted or surrendered person and forward | ||
Registry application forms to him or her along with a | ||
non-certified copy of the original birth certificate | ||
consistent with the procedures outlined in this subsection | ||
(e). | ||
(6) In cases where a birth parent registered with the | ||
Registry and filed a Medical Information Exchange | ||
Questionnaire prior to the effective date of this | ||
amendatory Act of the 96th General Assembly but gave no | ||
indication as to his or her wishes regarding contact or the | ||
sharing of identifying information, the Registry shall | ||
contact the birth parent by written letter prior to January | ||
1, 2011, and provide him or her with the opportunity to | ||
indicate his or her preference regarding contact and the | ||
sharing of identifying information by submitting a Birth |
Parent Preference Form to the Registry prior to November 1, | ||
2011. | ||
(7) In cases where the Registry cannot locate a copy of | ||
the original birth certificate in the Registry file, they | ||
shall be authorized to request a copy of the original birth | ||
certificate from the Illinois county where the birth took | ||
place for placement in the Registry file. | ||
(8) Adopted and surrendered persons who wish to have | ||
their names placed with the Illinois Adoption Registry and | ||
Medical Information Exchange may do so by completing a | ||
Registry application at any time, but completing a Registry | ||
application shall not be required for adopted and | ||
surrendered persons who seek only to obtain a copy of their | ||
original birth certificate or any relevant Birth Parent | ||
Preference Forms through the Registry. | ||
(9) In cases where a birth parent filed a Denial of | ||
Information Exchange with the Registry prior to January 1, | ||
2011, or filed a Birth Parent Preference Form with the | ||
Registry and selected Option E after January 1, 2011, and a | ||
proof of death for the birth parent who filed the Denial or | ||
the Birth Parent Preference Form has been filed with the | ||
Registry by either a confidential intermediary , or a | ||
surviving relative of the deceased birth parent, or a birth | ||
child of the deceased birth parent, the Registry shall be | ||
authorized to release an unaltered non-certified copy of | ||
the original birth certificate to an adult adopted or |
surrendered person or to the surviving adult child or | ||
surviving spouse of a deceased adopted or surrendered | ||
person who has filed a Request for a Non-Certified Copy of | ||
the Original Birth Certificate with the Registry. | ||
(10) On and after the effective date of this amendatory | ||
Act of the 96th General Assembly, in cases where all birth | ||
parents named on the original birth certificate of an | ||
adopted or surrendered person born after January 1, 1946, | ||
are deceased and copies of death certificates for all birth | ||
parents named on the original birth certificate have been | ||
filed with the Registry by either a confidential | ||
intermediary , or a surviving relative of the deceased birth | ||
parent, or a birth child of the deceased birth parent, the | ||
Registry shall be authorized to release a non-certified | ||
copy of the original birth certificate to the adopted or | ||
surrendered person upon receipt of his or her Request for a | ||
Non-Certified Copy of an Original Birth Certificate. | ||
(f) A registrant may complete all or any part of the | ||
Illinois Adoption
Registry Application. All Illinois Adoption | ||
Registry Applications, Information
Exchange
Authorizations, | ||
Denials of Information Exchange, requests to revoke an
| ||
Information
Exchange Authorization or Denial of Information | ||
Exchange, Birth Parent Preference Forms, and affidavits
| ||
submitted
to the Registry shall be
accompanied by proof of | ||
identification.
| ||
(Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
|
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| ||
Sec. 18.2. Forms.
| ||
(a) The Department shall develop the Illinois Adoption | ||
Registry forms as provided in this Section. The General | ||
Assembly shall reexamine the content of the form as requested | ||
by the Department, in consultation with the Registry Advisory | ||
Council. The form of the Birth Parent Registration
| ||
Identification Form shall be substantially as follows:
| ||
BIRTH PARENT REGISTRATION IDENTIFICATION
| ||
(Insert all known information)
| ||
I, ....., state that I am the ...... (mother or father) of the
| ||
following child:
| ||
Child's original name: ..... (first) ..... (middle) ..... | ||
(last),
..... (hour of birth), ..... (date of birth), | ||
..... (city and state of
birth), ..... (name of | ||
hospital).
| ||
Father's full name: ...... (first) ...... (middle) ..... | ||
(last),
..... (date of birth), ..... (city and state of | ||
birth).
| ||
Name of mother inserted on birth certificate: ..... (first) | ||
.....
(middle) ..... (last), ..... (race), ..... (date | ||
of birth), ......
(city and state of birth).
| ||
That I surrendered my child to: ............. (name of agency), | ||
.....
(city and state of agency), ..... (approximate date | ||
child surrendered).
|
That I placed my child by private adoption: ..... (date),
| ||
...... (city
and state).
| ||
Name of adoptive parents, if known: ......
| ||
Other identifying information: .....
| ||
........................
| ||
(Signature of parent)
| ||
............ ........................
| ||
(date) (printed name of parent)
| ||
(b) The form of the Adopted Person
Registration | ||
Identification shall be substantially
as follows:
| ||
ADOPTED PERSON
| ||
REGISTRATION IDENTIFICATION
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Adopted Person's present name: ..... (first) ..... | ||
(middle)
..... (last).
| ||
Adopted Person's name at birth (if known): ..... (first)
| ||
..... (middle) .....
(last), ..... (birth date), ..... | ||
(city and state of birth), ......
(sex), ..... (race).
| ||
Name of adoptive father: ..... (first) ..... (middle) ..... | ||
(last), .....
(race).
| ||
Maiden name of adoptive mother: ..... (first) ..... | ||
(middle) .....
(last), ..... (race).
| ||
Name of birth mother (if known): ..... (first) .....
| ||
(middle)
..... (last), ..... (race).
|
Name of birth father (if known): ..... (first) .....
| ||
(middle)
..... (last), ..... (race).
| ||
Name(s) at birth of sibling(s) having a common birth
parent | ||
with adoptee
(if known): ..... (first) ..... (middle) | ||
..... (last), ..... (race), and name
of common birth | ||
parent: ..... (first) ..... (middle) .....
(last),
| ||
..... (race).
| ||
I was adopted through: ..... (name of agency).
| ||
I was adopted privately: ..... (state "yes" if known).
| ||
I was adopted in ..... (city and state), ..... (approximate | ||
date).
| ||
Other identifying information: .............
| ||
......................
| ||
(signature of adoptee)
| ||
........... .........................
| ||
(date) (printed name of adoptee)
| ||
(c) The form of the Surrendered Person Registration | ||
Identification shall be
substantially as follows:
| ||
SURRENDERED PERSON REGISTRATION
| ||
IDENTIFICATION
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Surrendered Person's present name: ..... (first) .....
| ||
(middle) ..... (last).
| ||
Surrendered Person's name at birth (if known): ..... |
(first)
.....
(middle) ..... (last), .....(birth | ||
date), ..... (city and state of
birth), ...... (sex), | ||
..... (race).
| ||
Name of guardian father: ..... (first) ..... (middle) ..... | ||
(last), .....
(race).
| ||
Maiden name of guardian mother: ..... (first) ..... | ||
(middle) .....
(last), ..... (race).
| ||
Name of birth mother (if known): ..... (first) .....
| ||
(middle) .....
(last) ..... (race).
| ||
Name of birth father (if known): ..... (first) .....
| ||
(middle) .....
(last), .....(race).
| ||
Name(s) at birth of sibling(s) having a common birth
parent | ||
with surrendered person
(if known): ..... (first) | ||
..... (middle) ..... (last), ..... (race), and name
of | ||
common birth parent: ..... (first) ..... (middle) | ||
.....
(last),
..... (race).
| ||
I was surrendered for adoption to: ..... (name of agency).
| ||
I was surrendered for adoption in ..... (city and state), ..... | ||
(approximate
date).
| ||
Other identifying information: ............
| ||
................................
| ||
(signature of surrendered person)
| ||
............ ......................
| ||
(date) (printed name of person
| ||
surrendered for adoption)
|
(c-3) The form of the Registration Identification Form for | ||
Surviving Relatives of Deceased Birth Parents shall be | ||
substantially as follows:
| ||
REGISTRATION IDENTIFICATION FORM
| ||
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Name of deceased birth parent at time of surrender:
| ||
Deceased birth parent's date of birth:
| ||
Deceased birth parent's date of death:
| ||
Adopted or surrendered person's name at birth (if known): | ||
.....(first) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race).
| ||
My relationship to the adopted or surrendered person (check | ||
one): (birth parent's non-surrendered child) (birth parent's | ||
sister) (birth parent's brother).
| ||
If you are a non-surrendered child of the birth parent, provide | ||
name(s) at birth and age(s) of non-surrendered siblings having | ||
a common parent with the birth parent. If more than one | ||
sibling, please give information requested below on reverse | ||
side of this form. If you are a sibling or parent of the birth | ||
parent, provide name(s) at birth and age(s) of the sibling(s) | ||
of the birth parent. If more than one sibling, please give | ||
information requested below on reverse side of this form.
|
Name (First) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race).
| ||
Name(s) of common parent(s) (first) ..... (middle) ..... | ||
(last), .....(race), (first) ..... (middle) ..... | ||
(last), .....(race).
| ||
My birth sibling/child of my brother/child of my sister/ was | ||
surrendered for adoption to ..... (name of agency) City and | ||
state of agency ..... Date .....(approximate) Other | ||
identifying information ..... (Please note that you must: (i) | ||
be at least 21 years of age to register; (ii) submit with your | ||
registration a certified copy of the birth parent's birth | ||
certificate; (iii) submit a certified copy of the birth | ||
parent's death certificate; and (iv) if you are a | ||
non-surrendered birth sibling or a sibling of the deceased | ||
birth parent, also submit a certified copy of your birth | ||
certificate with this registration. No application from a | ||
surviving relative of a deceased birth parent can be accepted | ||
if the birth parent filed a Denial of Information Exchange | ||
prior to his or her death.)
| ||
................................
| ||
(signature of birth parent's surviving relative)
| ||
............ ............ | ||
(date) (printed name of birth | ||
parent's surviving relative) |
(c-5) The form of the Registration Identification Form for | ||
Surviving Relatives of Deceased Adopted or Surrendered Persons | ||
shall be substantially as follows:
| ||
REGISTRATION IDENTIFICATION FORM FOR
| ||
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Adopted or surrendered person's name at birth (if known): | ||
(first) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race). | ||
Adopted or surrendered person's date of death:
| ||
My relationship to the deceased adopted or surrendered | ||
person(check one): (adoptive mother) (adoptive father) (adult | ||
child) (surviving spouse).
| ||
If you are an adult child or surviving spouse of the adopted or | ||
surrendered person, provide name(s) at birth and age(s) of the | ||
children of the adopted or surrendered person. If the adopted | ||
or surrendered person had more than one child, please give | ||
information requested below on reverse side of this form. | ||
Name (first) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race). | ||
Name(s) of common parent(s) (first) ..... (middle) ..... | ||
(last), .....(race), (first) ..... (middle) ..... |
(last), .....(race).
| ||
My child/parent/deceased spouse was surrendered for | ||
adoption to .....(name of agency) City and state of agency | ||
..... Date ..... (approximate) Other identifying | ||
information ..... (Please note that you must: (i) be at | ||
least 21 years of age to register; (ii) submit with your | ||
registration a certified copy of the adopted or surrendered | ||
person's death certificate; (iii) if you are the child of a | ||
deceased adopted or surrendered person, also submit a | ||
certified copy of your birth certificate with this | ||
registration; and (iv) if you are the surviving wife or | ||
husband of a deceased adopted or surrendered person, also | ||
submit a copy of your marriage certificate with this | ||
registration. No application from a surviving relative of a | ||
deceased adopted or surrendered person can be accepted if | ||
the adopted or surrendered person filed a Denial of | ||
Information Exchange prior to his or her death.)
| ||
................................
| ||
(signature of adopted or surrendered person's surviving
| ||
relative)
| ||
............ ............ | ||
(date) (printed name of adopted
| ||
person's surviving relative)
|
(d) The form of the Information Exchange Authorization | ||
shall be
substantially
as follows:
| ||
INFORMATION EXCHANGE AUTHORIZATION
| ||
I, ....., state that I am the person who completed the | ||
Registration
Identification; that I am of the age of ..... | ||
years; that I hereby
authorize the Department of Public Health | ||
to give to the following person(s)
(birth mother
)
(birth | ||
father) (birth sibling) (adopted or surrendered person
) | ||
(adoptive mother) (adoptive father) (legal guardian of an | ||
adopted or surrendered person) (birth aunt) (birth uncle) | ||
(adult child of a deceased adopted or surrendered person) | ||
(surviving spouse of a deceased adopted or surrendered person) | ||
(all eligible relatives) the following
(please check the
| ||
information
authorized for exchange):
| ||
[ ] 1. Only my name and last known address.
| ||
[ ] 2. A copy of my Illinois Adoption Registry | ||
Application.
| ||
[ ] 3. A non-certified copy of the adopted or | ||
surrendered person's original certificate of live birth | ||
(check only if you are an adopted or surrendered person or | ||
the surviving adult child or surviving spouse of a deceased | ||
adopted or surrendered person).
| ||
[ ] 4. A copy of my completed medical questionnaire.
| ||
I am fully aware that I can only be supplied with
| ||
information about an individual or individuals who have
duly
| ||
executed an Information Exchange Authorization that
has
not |
been revoked or, if I am an adopted or surrendered person, from | ||
a birth parent who completed a Birth Parent Preference Form and | ||
did not prohibit the release of his or her identity to me; that | ||
I can be contacted by writing to: ..... (own name or
name of | ||
person to contact) (address) (phone number).
| ||
NOTE: New IARMIE registrants who do not complete a Medical | ||
Information Exchange Questionnaire and release a copy of their | ||
questionnaire to at least one Registry applicant must pay a $15 | ||
registration fee. | ||
Dated (insert date).
| ||
.............. | ||
(signature)
| ||
(e) The form of the Denial of Information Exchange shall be
| ||
substantially as follows:
| ||
DENIAL OF INFORMATION EXCHANGE
| ||
I, ....., state that I am the person who completed the | ||
Registration
Identification; that I am of the age of ..... | ||
years; that I hereby
instruct the Department of Public Health | ||
not to give any identifying
information about me to the | ||
following person(s)
(birth mother) (birth father) (birth | ||
sibling)(adopted or surrendered person)(adoptive mother) | ||
(adoptive father)(legal guardian of an adopted or surrendered | ||
person)(birth aunt)(birth uncle)(adult child of a deceased | ||
adopted or surrendered person) (surviving spouse of a deceased | ||
adopted or surrendered person) (all eligible relatives). |
IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER | ||
JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH | ||
PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH | ||
CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH | ||
PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING | ||
INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT | ||
ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT | ||
PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A | ||
BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH | ||
OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING | ||
INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN | ||
ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT | ||
CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED | ||
PERSON.
| ||
I do/do not (circle appropriate response) authorize the | ||
Registry to release a copy of my completed Medical Information | ||
Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||
New IARMIE registrants who do not complete a Medical | ||
Information Exchange Questionnaire and release a copy of their | ||
questionnaire to at least one Registry applicant must pay a $15 | ||
registration fee.
Birth parents filing a Denial of Information | ||
Exchange are advised that, under Illinois law, an adult adopted | ||
person may initiate a search for a birth parent who has filed a | ||
Denial of Information Exchange or Birth Parent Preference Form | ||
on which Option E was selected through the State confidential | ||
intermediary program once 5 years have elapsed since the filing |
of the Denial of Information Exchange or Birth Parent | ||
Preference Form .
| ||
Dated (insert date).
| ||
............... | ||
(signature)
| ||
(f) The form of the Birth Parent Preference Form shall be | ||
substantially as follows: | ||
In recognition of the basic right of all persons to access | ||
their birth records, Illinois law now provides for the release | ||
of original birth certificates to adopted and surrendered | ||
persons 21 years of age or older upon request. While many birth | ||
parents are comfortable sharing their identities or initiating | ||
contact with their birth sons and daughters once they have | ||
reached adulthood, Illinois law also recognizes that there may | ||
be unique situations where a birth parent might have a | ||
compelling reason for not wishing to establish contact with a | ||
birth son or birth daughter or for not wishing to release | ||
identifying information that appears on the original birth | ||
certificate of a birth son or birth daughter who has reached | ||
adulthood. The Illinois Adoption Registry and Medical | ||
Information Exchange (IARMIE) has therefore established the | ||
attached this form to allow birth parents whose birth son or | ||
daughter was born on or after January 1, 1946, to express their | ||
preferences wishes regarding contact ; and , if their birth child | ||
was born on or after January 1, 1946, to express their wishes |
regarding the sharing of identifying information listed on the | ||
original birth certificate with an adult adopted or surrendered | ||
person who has reached the age of 21 or his or her surviving | ||
relatives . | ||
In selecting one of the 5 options below, birth parents | ||
should keep in mind that the decision to deny an adult adopted | ||
or surrendered person access to identifying information on his | ||
or her original birth record and/or information about | ||
genetically-transmitted diseases is an important decision one | ||
that may can impact the adopted or surrendered person's life in | ||
many ways. A request for anonymity on this form only pertains | ||
to information that is provided to an adult adopted or | ||
surrendered person or his or her surviving relatives through | ||
the Registry . This will and does not prevent the disclosure of | ||
identifying information that may be available to the adoptee | ||
through his or her adoptive parents and/or other means | ||
available to him or her. Birth parents who would prefer not to | ||
be contacted by their surrendered son or daughter are strongly | ||
urged to complete both the Non-Identifying Information Section | ||
included on the final page of the attached form this document | ||
and the Medical Questionnaire in order to provide their | ||
surrendered son or daughter with the background information he | ||
or she their surrendered son or daughter may need to better | ||
understand himself or herself and his or her origins. Birth | ||
parents whose birth son or birth daughter is under 21 years of | ||
age at the time of the completion of this form are reminded |
that no original birth certificate will be released by the | ||
IARMIE before an adoptee has reached the age of 21. | ||
Furthermore, birth parents whose surrendered son or daughter is | ||
under 21 years of age at the time of completion of this form | ||
are reminded that, since no original birth certificates are | ||
released by the IARMIE before an adoptee has reached the age of | ||
21, and birth parents are encouraged to take as much time as | ||
they need to weigh the options available to them before | ||
completing this form. Should you need additional assistance in | ||
completing this form, please contact the agency that handled | ||
the adoption, if applicable, or the Illinois Adoption Registry | ||
and Medical Information Exchange at 877-323-5299 217-557-5159 . | ||
After careful consideration, I , (insert your name) ......, | ||
have made the following decision regarding contact with my | ||
birth son/birth daughter, (insert birth son's/birth daughter's | ||
name at birth, if applicable) ......, who was born in (insert | ||
city/town of birth) ...... on (insert date of birth)...... and | ||
the release of my identifying information as it appears on | ||
his/her original birth certificate when he/she reaches the age | ||
of 21, and I have chosen Option ...... (insert A, B, C, D, or E, | ||
as applicable). I realize that this form must be accompanied by | ||
a completed IARMIE application form as well as a Medical | ||
Information Exchange Questionnaire or the $15 registration | ||
fee. I am also aware that I may revoke this decision at any | ||
time by completing a new Birth Parent Preference Form and | ||
filing it with the IARMIE. I understand that it is my |
responsibility to update the IARMIE with any changes to contact | ||
information provided below. I also understand that, while | ||
preferences regarding the release of identifying information | ||
through the Registry are binding unless the law should change | ||
in the future, any selection I have made regarding my preferred | ||
method of contact is not. | ||
.................................... | ||
(Signature/Date) | ||
(Please insert your signature and today's date above, as well | ||
as under your chosen option, A, B, C, D, or E below.) | ||
Option A. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information as it appears on my birth son's/birth daughter's | ||
original birth certificate, OR my birth son or birth daughter | ||
was born prior to January 1, 1946. I would welcome direct | ||
contact with my birth son/birth daughter when he or she has | ||
reached the age of 21 . In addition, before my birth son or | ||
birth daughter has reached the age of 21 or in the event of his | ||
or her death, I would welcome contact with the following | ||
relatives of my birth child (circle all that apply): adoptive | ||
mother, adoptive father, surviving spouse, surviving adult | ||
child. and I wish to be contacted at the following mailing | ||
address, email address or phone number: | ||
..................... |
............................................................. | ||
............................................................. | ||
............................................................. | ||
(Signature/Date) | ||
Option B. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information as it appears on my birth son's/birth daughter's | ||
original birth certificate, OR my birth son or birth daughter | ||
was born prior to January 1, 1946. I would welcome contact with | ||
my birth son/birth daughter when he or she has reached the age | ||
of 21 . In addition, before my birth son or birth daughter has | ||
reached the age of 21 or in the event of his or her death, I | ||
would welcome contact with the following relatives of my birth | ||
child (circle all that apply): adoptive mother, adoptive | ||
father, surviving spouse, surviving adult child. , but I would | ||
prefer to be contacted through the following person. (Insert | ||
name and mailing address, email address or phone number of | ||
chosen contact person.) | ||
..................................... | ||
............................................................. | ||
(Signature/Date) | ||
Option C. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information name as it appears on my birth son's/birth |
daughter's original birth certificate, OR my birth son or birth | ||
daughter was born prior to January 1, 1946. I would welcome | ||
contact with my birth son/birth daughter when he or she has | ||
reached the age of 21 . In addition, before my birth son or | ||
birth daughter has reached the age of 21 or in the event of his | ||
or her death, I would welcome contact with the following | ||
relatives of my birth child (circle all that apply): adoptive | ||
mother, adoptive father, surviving spouse, surviving adult | ||
child. , but I would prefer to be contacted through the Illinois | ||
Confidential Intermediary Program confidential intermediary | ||
program (please call 800-526-9022 for additional information) | ||
or through the agency that handled the adoption. (Insert agency | ||
name, address and phone number, if applicable.) | ||
............. | ||
............................................................. | ||
(Signature/Date) | ||
Option D. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information name as it appears on my birth son's/birth | ||
daughter's original birth certificate when he or she has | ||
reached the age of 21 , OR my birth son or birth daughter was | ||
born prior to January 1, 1946. but I would prefer not to be | ||
contacted by my birth son/birth daughter or his or her adoptive | ||
parents or surviving relatives when he or she has reached the | ||
age of 21 . |
................... | ||
(Signature/Date) | ||
Option E. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I wish to prohibit the release of my | ||
(circle ALL applicable options) first name, last name, last | ||
known address, birth son/birth daughter's last name (if last | ||
name listed is same as mine), as they appear on my birth | ||
son's/birth daughter's original birth certificate and do not | ||
wish to be contacted by my birth son/birth daughter when he or | ||
she has reached the age of 21. If there were any special | ||
circumstances that played a role in your decision to remain | ||
anonymous which you would like to share with your birth | ||
son/birth daughter, please list them in the space provided | ||
below (optional). | ||
........................................... | ||
............................................................. | ||
I understand that, although I have chosen to prohibit the | ||
release of my identity on the non-certified copy of the | ||
original birth certificate released to my birth son/birth | ||
daughter, he or she may request that a court-appointed | ||
confidential intermediary contact me to request updated | ||
medical information and/or confirm my desire to remain | ||
anonymous once 5 years have elapsed since the signing of this | ||
form; at the time of this subsequent search, I wish to be | ||
contacted through the person named below. (Insert in blank area |
below the name and phone number of the contact person, or leave | ||
it blank if you wish to be contacted directly.) I also | ||
understand that this request for anonymity shall expire upon my | ||
death. | ||
...................................................... | ||
............................................................. | ||
(Signature/Date) | ||
NOTE: A copy of this form will be forwarded to your birth son | ||
or birth daughter should he or she file a request for his or | ||
her original birth certificate with the IARMIE. However, if you | ||
have selected Option E, identifying information, per your | ||
specifications above, will be deleted from the copy of this | ||
form forwarded to your birth son or daughter during your | ||
lifetime. In the event that an adopted or surrendered person is | ||
deceased, his or her surviving adult children may request a | ||
copy of the adopted or surrendered person's original birth | ||
certificate providing they have registered with the IARMIE; the | ||
copy of this form and the non-certified copy of the original | ||
birth certificate forwarded to the surviving child of the | ||
adopted or surrendered person shall be redacted per your | ||
specifications on this form during your lifetime. | ||
Non-Identifying Information Section
| ||
I wish to voluntarily provide the following non-identifying | ||
information to my birth son or birth daughter surrendered son | ||
or daughter :
|
My age at the time of my child's birth was .........
| ||
My race is best described as: .......................... | ||
My height is: ......... | ||
My body type is best described as (circle one): slim, average, | ||
muscular, a few extra pounds, or more than a few extra pounds.
| ||
My natural hair color is/was: .................. | ||
My eye color is: .................. | ||
My religion is best described as: ..................
| ||
My ethnic background is best described as: ..................
| ||
My educational level is closest to (circle applicable | ||
response): completed elementary school, graduated from | ||
high school, attended college, earned bachelor's degree, | ||
earned master's degree, earned doctoral degree.
| ||
My occupation is best described as .................. | ||
My hobbies include .................. | ||
My interests include .................. | ||
My talents include .................. | ||
In addition to my surrendered son or daughter, I also | ||
am the biological parent of (insert number) ....... boys and | ||
(insert number) ....... girls, of whom (insert number) ....... | ||
are still living.
| ||
The relationship between me and my child's birth mother/birth | ||
father would best be described as (circle appropriate | ||
response): husband and wife, ex-spouses, boyfriend and | ||
girlfriend, casual acquaintances, other (please specify) | ||
.............. |
(g) The form of the Request for a Non-Certified Copy of an | ||
Original Birth Certificate shall be substantially as follows: | ||
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | ||
CERTIFICATE | ||
I, (requesting party's full name) ....., hereby request a | ||
non-certified copy of (check appropriate option) ..... my | ||
original birth certificate ..... the original birth | ||
certificate of my deceased adopted or surrendered parent ..... | ||
the original birth certificate of my deceased adopted or | ||
surrendered spouse (insert deceased parent's/deceased spouse's | ||
name at adoption) ...... I/my deceased parent/my deceased | ||
spouse was born in (insert city and county of adopted or | ||
surrendered person's birth) ..... on ..... (insert adopted or | ||
surrendered person's date of birth). In the event that one or | ||
both of my/my deceased parent's/my deceased spouse's birth | ||
parents has requested that their identity not be released to | ||
me/to my deceased parent/to my deceased spouse, I wish to | ||
(check appropriate option) ..... a. receive a non-certified | ||
copy of the original birth certificate from which identifying | ||
information pertaining to the birth parent who requested | ||
anonymity has been deleted; or ..... b. I do not wish to | ||
received an altered copy of the original birth certificate. | ||
Dated (insert date). | ||
................... | ||
(signature)
|
(h) Any Information Exchange Authorization, Denial of | ||
Information
Exchange, or Birth Parent Preference Form filed | ||
with the Registry, or Request for a Non-Certified Copy of an | ||
Original Birth Certificate filed with the Registry by a | ||
surviving adult child or surviving spouse of a deceased adopted | ||
or surrendered person, shall be acknowledged by the person who | ||
filed it before a notary
public, in form
substantially as | ||
follows:
| ||
State of ..............
| ||
County of .............
| ||
I, a Notary Public, in and for the said County, in the | ||
State aforesaid,
do hereby certify that ............... | ||
personally known to me to be the
same person whose name is | ||
subscribed to the foregoing certificate of
acknowledgement, | ||
appeared before me in person and acknowledged that (he or
she) | ||
signed such certificate as (his or her) free and voluntary act | ||
and
that the statements in such certificate are true.
| ||
Given under my hand and notarial seal on (insert date).
| ||
.........................
| ||
(signature)
| ||
(i) When the execution of an Information Exchange
| ||
Authorization, Denial of Information Exchange, or Birth Parent | ||
Preference Form or Request for a Non-Certified Copy of an | ||
Original Birth Certificate completed by a surviving adult child | ||
or surviving spouse of a deceased adopted or surrendered person |
is acknowledged before a
representative of an agency, such | ||
representative shall have his signature
on said Certificate | ||
acknowledged before a notary public, in form substantially
as | ||
follows:
| ||
State of..........
| ||
County of.........
| ||
I, a Notary Public, in and for the said County, in the | ||
State aforesaid,
do hereby certify that ..... personally known | ||
to me to be the same person
whose name is subscribed to the | ||
foregoing certificate of acknowledgement,
appeared before me | ||
in person and acknowledged that (he or she) signed such
| ||
certificate as (his or her) free and voluntary act and that the | ||
statements
in such certificate are true.
| ||
Given under my hand and notarial seal on (insert date).
| ||
.......................
| ||
(signature)
| ||
(j) When an Illinois Adoption Registry Application,
| ||
Information
Exchange Authorization, Denial of
Information | ||
Exchange, Birth Parent Preference Form, or Request for a | ||
Non-Certified Copy of an Original Birth Certificate completed | ||
by a surviving adult child or surviving spouse of a deceased | ||
adopted or surrendered person is executed in a foreign country, | ||
the
execution of such
document shall be acknowledged or | ||
affirmed before an officer of the United
States consular | ||
services.
|
(k) If the person signing an Information Exchange
| ||
Authorization, Denial of Information, Birth Parent Preference | ||
Form, or Request for a Non-Certified Copy of an Original Birth | ||
Certificate completed by a surviving adult child or surviving | ||
spouse of a deceased adopted or surrendered person is in the | ||
military service of the
United States, the execution of such | ||
document may be acknowledged before a
commissioned officer and | ||
the signature of such officer on such certificate
shall be | ||
verified or acknowledged before a notary public or by such | ||
other
procedure as is then in effect for such division or | ||
branch of the armed forces.
| ||
(l) An adopted or surrendered person who completes a | ||
Request For a Non-Certified Copy of the Original Birth | ||
Certificate shall meet the same filing requirements and pay the | ||
same filing fees as a non-adopted person seeking to obtain a | ||
copy of his or her original birth certificate.
| ||
(Source: P.A. 96-895, eff. 5-21-10.)
| ||
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| ||
Sec. 18.3a. Confidential intermediary.
| ||
(a) General purposes.
Notwithstanding any other provision | ||
of
this Act, any
adopted or surrendered person 21 years of age | ||
or over, any adoptive parent or legal guardian
of
an adopted or | ||
surrendered person under the age of 21, or any birth parent of | ||
an adopted
or surrendered person who is 21 years of age or over | ||
may petition the court in any county in
the
State of Illinois |
for appointment of a confidential intermediary as provided in
| ||
this Section for the purpose of exchanging medical information | ||
with one or
more mutually consenting biological relatives, | ||
obtaining identifying
information about one or more mutually | ||
consenting biological relatives, or
arranging contact with one | ||
or more mutually consenting biological relatives.
| ||
Additionally, in cases where an adopted or surrendered person | ||
is deceased,
an adult child of the adopted
or surrendered | ||
person or his or her adoptive parents or surviving spouse may | ||
file a petition under this Section and in cases
where the birth | ||
parent is deceased,
an adult birth sibling of the adopted or | ||
surrendered person or of the deceased birth parent
may
file a | ||
petition under this Section for the purpose of exchanging | ||
medical
information with one or more mutually consenting | ||
biological relatives of the adopted or surrendered person,
| ||
obtaining identifying information about one or more mutually | ||
consenting
biological relatives of the adopted or surrendered | ||
person, or arranging contact with one or more mutually
| ||
consenting biological relatives of the adopted or surrendered | ||
person. Beginning January 1, 2006, any adopted or surrendered | ||
person 21 years of age or over; any adoptive parent or legal | ||
guardian of an adopted or surrendered person under the age of | ||
21; any birth parent, birth sibling, birth aunt, or birth uncle | ||
of an adopted or surrendered person over the age of 21; any | ||
surviving child, adoptive parent, or surviving spouse of a | ||
deceased adopted or surrendered person who wishes to petition |
the court for the appointment of a confidential intermediary | ||
shall be required to accompany their petition with proof of | ||
registration with the Illinois Adoption Registry and Medical | ||
Information Exchange.
| ||
(b) Petition. Upon petition by an adopted or surrendered
| ||
person 21 years of age or over (an "adult adopted or | ||
surrendered person"), an
adoptive parent or legal guardian of | ||
an adopted or surrendered person under the age of 21,
or a | ||
birth parent of an adopted or surrendered person who is 21 | ||
years of age or over, the
court
shall appoint a confidential | ||
intermediary. Upon petition by
an adult child, adoptive parent | ||
or surviving spouse of an adopted or surrendered person who is | ||
deceased, by an adult birth sibling of an adopted or | ||
surrendered person
whose common birth parent is deceased
and | ||
whose adopted or surrendered birth sibling is 21 years of age | ||
or over, or by an adult sibling of a birth parent who is | ||
deceased,
and whose surrendered child is 21 years of age or | ||
over, the court may appoint a confidential
intermediary if the | ||
court finds that the disclosure is of greater benefit than
| ||
nondisclosure.
The petition shall state which biological | ||
relative
or
relatives are being sought and shall indicate if | ||
the petitioner wants to do any
one or more of the following: | ||
exchange medical information with the
biological relative or | ||
relatives, obtain identifying information from the
biological | ||
relative or relatives, or to arrange contact with the | ||
biological
relative.
|
(c) Order. The order appointing the confidential | ||
intermediary shall allow
that
intermediary to conduct a search | ||
for the sought-after relative by accessing
those records | ||
described in subsection (g) of this Section.
| ||
(d) Fees and expenses. The court shall condition the | ||
appointment of the
confidential intermediary on the | ||
petitioner's payment of the intermediary's
fees and expenses in | ||
advance of the commencement of the work of the
confidential | ||
intermediary. However, no fee shall be charged if the | ||
petitioner is an adult adopted or surrendered person and the | ||
sought-after relative is a birth parent who filed a Denial with | ||
the Registry prior to January 1, 2011, or filed a Birth Parent | ||
Preference Form on which Option E was selected after January 1, | ||
2011 and more than 5 years have transpired since the birth | ||
parent filed the Denial of Information Exchange or Birth Parent | ||
Preference Form on which Option E was selected.
| ||
(e) Eligibility of intermediary. The court may appoint as | ||
confidential
intermediary any
person certified by the | ||
Department of Children and Family Services as qualified to | ||
serve as a confidential
intermediary.
Certification shall be | ||
dependent upon the
confidential intermediary completing a | ||
course of training including, but not
limited to, applicable | ||
federal and State privacy laws.
| ||
(f) Confidential Intermediary Council. There shall be | ||
established under the
Department of Children and Family
| ||
Services a Confidential Intermediary Advisory Council. One |
member shall be an
attorney representing the Attorney General's | ||
Office appointed by the Attorney
General. One member shall be a | ||
currently certified confidential intermediary
appointed by the | ||
Director of the Department of Children and Family Services.
The | ||
Director shall also appoint 5 additional members. When making | ||
those
appointments, the Director shall consider advocates for | ||
adopted persons,
adoptive parents, birth parents, lawyers who | ||
represent clients in private
adoptions, lawyers specializing | ||
in privacy law, and representatives of agencies
involved in | ||
adoptions. The Director shall appoint one of the 7 members as
| ||
the chairperson. An attorney from the Department of Children | ||
and Family
Services
and the person directly responsible for | ||
administering the confidential
intermediary program shall | ||
serve as ex-officio, non-voting advisors to the
Council. | ||
Council members shall serve at the discretion of the Director | ||
and
shall receive no compensation other than reasonable | ||
expenses approved by the
Director. The Council shall meet no | ||
less than twice yearly and shall meet at least once yearly with | ||
the Registry Advisory Council, and shall make
recommendations | ||
to the Director regarding the development of rules, procedures,
| ||
and forms that will ensure efficient and effective operation of | ||
the
confidential intermediary process, including:
| ||
(1) Standards for certification for confidential | ||
intermediaries.
| ||
(2) Oversight of methods used to verify that | ||
intermediaries are complying
with the appropriate laws.
|
(3) Training for confidential intermediaries, | ||
including training with
respect to federal and State | ||
privacy laws.
| ||
(4) The relationship between confidential | ||
intermediaries and the court
system, including the | ||
development of sample orders defining the scope of the
| ||
intermediaries' access to information.
| ||
(5) Any recent violations of policy or procedures by | ||
confidential
intermediaries and remedial steps, including | ||
decertification, to prevent future
violations.
| ||
(g) Access. Subject to the limitations of subsection (i) | ||
of this
Section, the
confidential
intermediary shall have | ||
access to vital records or a comparable public entity that | ||
maintains vital records in another state in accordance with | ||
that state's laws, maintained by the Department of
Public | ||
Health and its local designees for the maintenance of vital | ||
records or a comparable public entity that maintains vital | ||
records in another state in accordance with that state's laws | ||
and
all records of the court or any adoption agency,
public
or | ||
private, as limited in this Section, which relate to the | ||
adoption or the identity and location of an
adopted or | ||
surrendered person, of an adult child or surviving spouse of a | ||
deceased adopted or surrendered person, or of a birth
parent, | ||
birth sibling, or the sibling of a deceased birth parent. The
| ||
confidential intermediary shall not have access to any personal | ||
health
information protected by the Standards for Privacy of |
Individually
Identifiable Health Information adopted by the | ||
U.S. Department of Health and
Human Services under the Health | ||
Insurance Portability and Accountability Act of
1996 unless the | ||
confidential intermediary has obtained written consent from | ||
the
person whose information is being sought by an adult | ||
adopted or surrendered person or, if that person is a minor | ||
child,
that person's parent or guardian. Confidential
| ||
intermediaries shall be authorized to inspect confidential | ||
relinquishment and
adoption records. The confidential | ||
intermediary shall not be authorized to
access medical
records, | ||
financial records, credit records, banking records, home | ||
studies,
attorney file records, or other personal records.
In | ||
cases where a birth parent is being sought, an adoption agency | ||
shall inform
the confidential intermediary of any statement | ||
filed pursuant to Section 18.3, hereinafter referred to as "the | ||
18.3 statement",
indicating a desire of the surrendering birth | ||
parent to have identifying
information shared or to not have | ||
identifying information shared. If there was
a clear statement | ||
of intent by the sought-after birth parent not to have
| ||
identifying information shared, the confidential intermediary | ||
shall discontinue
the search and inform the petitioning party | ||
of the sought-after relative's
intent unless the birth parent | ||
filed the 18.3 statement prior to the effective date of this | ||
amendatory Act of the 96th General Assembly and more than 5 | ||
years have elapsed since the filing of the 18.3 statement. If | ||
the adult adopted or surrendered person is the subject of an |
18.3 statement indicating a desire not to establish contact | ||
which was filed more than 5 years prior to the search request, | ||
the confidential intermediary shall confirm the petitioner's | ||
desire to continue the search. Information
provided to the | ||
confidential intermediary by an adoption agency shall be
| ||
restricted to the full name, date of birth, place of birth, | ||
last known address,
last known telephone number of the | ||
sought-after relative or, if applicable,
of the children or | ||
siblings of the sought-after relative, and the 18.3 statement.
| ||
(h) Adoption agency disclosure of medical information. If | ||
the petitioner is
an adult adopted or surrendered person or the | ||
adoptive parent of a
minor and if the petitioner has signed a | ||
written authorization to disclose
personal medical | ||
information, an adoption agency disclosing information to a
| ||
confidential intermediary shall disclose available medical | ||
information about
the adopted or surrendered person from birth | ||
through adoption.
| ||
(i) Duties of confidential intermediary in conducting a | ||
search. In
conducting
a search under this Section, the | ||
confidential intermediary shall first confirm
that there is no | ||
Denial of Information Exchange on file with the Illinois
| ||
Adoption Registry. If the petitioner is an adult child of an | ||
adopted or surrendered person
who is deceased, the
confidential | ||
intermediary shall additionally confirm that the adopted or | ||
surrendered person
did not file a Denial of Information | ||
Exchange or a Birth Parent Preference Form with Option E |
selected with the Illinois Adoption
Registry during his or her | ||
life. If there is a Denial on file with the Registry, the | ||
confidential intermediary must discontinue the search unless | ||
the petitioner is an adult adopted or surrendered person and | ||
the sought-after birth relative filed the Denial 5 years or | ||
more prior to the search or the birth parent has not been the | ||
object of a search through the State confidential intermediary | ||
program for 10 or more years. If the petitioner is an adult | ||
adopted or surrendered person and there is a Birth Parent | ||
Preference Form on file with the Registry and the birth parent | ||
who completed the form selected Option E, the confidential | ||
intermediary must discontinue the search unless 5 years or more | ||
have elapsed since the filing of the Birth Parent Preference | ||
Form. If the petitioner is an adult birth sibling of
an
adopted
| ||
or surrendered person or an adult sibling of a birth parent who | ||
is deceased,
the confidential intermediary shall
additionally | ||
confirm that the birth parent did not file a Denial of | ||
Information
Exchange or a Birth Parent Preference Form with | ||
Option E selected with the Registry during his or her life. If | ||
the confidential
intermediary learns that a sought-after birth | ||
parent signed an 18.3 statement
indicating his or her intent | ||
not to have identifying information shared, and
did not later | ||
file an Information Exchange Authorization or a Birth Parent | ||
Preference Form with the
Registry, the confidential | ||
intermediary shall discontinue the search and inform
the | ||
petitioning party of the birth parent's intent, unless the |
petitioner is an adult adopted or surrendered person and 5 | ||
years or more have elapsed since the birth parent signed the | ||
statement indicating his or her intent not to have identifying | ||
information shared. In cases where the birth parent filed a | ||
Denial of Information Exchange or Birth Parent Preference Form | ||
where Option E was selected, or statement indicating his or her | ||
intent not to have identifying information shared less than 5 | ||
years prior to the search request and the petitioner is an | ||
adult adopted or surrendered person, the confidential | ||
intermediary shall inform the petitioner of the need to | ||
discontinue the search until 5 years have elapsed since the | ||
Denial of Information Exchange or Birth Parent Preference Form | ||
where Option E was selected, or statement
was filed; in cases | ||
where a birth parent was previously the subject of a search | ||
through the State confidential intermediary program, the | ||
confidential intermediary shall inform the petitioner of the | ||
need to discontinue the search until 10 years or more have | ||
elapsed since the initial search was closed. In cases where a | ||
birth parent has been the object of 2 searches through the | ||
State confidential intermediary program, no subsequent search | ||
for the birth parent shall be authorized absent a court order | ||
to the contrary.
| ||
In conducting a search under this Section, the confidential | ||
intermediary
shall attempt to locate the relative or relatives | ||
from whom the petitioner has
requested information. If the | ||
sought-after relative is deceased
or cannot be located after a |
diligent search, the
confidential intermediary may contact | ||
other adult relatives of the
sought-after relative.
| ||
The confidential intermediary shall contact a sought-after | ||
relative on
behalf of the petitioner in a manner that respects | ||
the sought-after relative's
privacy and shall inform the | ||
sought-after relative of the petitioner's request
for medical | ||
information, identifying information or contact as stated in | ||
the
petition. Based upon the terms of the petitioner's request, | ||
the confidential
intermediary shall contact a sought-after | ||
relative on behalf of the petitioner
and inform the | ||
sought-after relative of the following options:
| ||
(1) The sought-after relative may totally reject one or | ||
all of the
requests for medical information, identifying | ||
information or
contact. The sought-after relative shall be | ||
informed that they can
provide a medical questionnaire to | ||
be forwarded to the petitioner
without releasing any | ||
identifying information. The confidential
intermediary | ||
shall inform the petitioner of the sought-after
relative's | ||
decision to reject the sharing of information or contact.
| ||
(2) The sought-after relative may consent to | ||
completing a medical
questionnaire only. In this case, the | ||
confidential intermediary
shall provide the questionnaire | ||
and ask the sought-after relative to
complete it. The | ||
confidential intermediary shall forward the
completed | ||
questionnaire to the petitioner and inform the petitioner
| ||
of the sought-after relative's desire to not provide any |
additional
information.
| ||
(3) The sought-after relative may communicate with the | ||
petitioner
without having his or her identity disclosed. In | ||
this case, the
confidential intermediary shall arrange the | ||
desired communication
in a manner that protects the | ||
identity of the sought-after relative.
The confidential | ||
intermediary shall inform the petitioner of the
| ||
sought-after relative's decision to communicate but not | ||
disclose
his or her identity.
| ||
(4) The sought-after sought after relative may consent | ||
to initiate contact with the
petitioner. If both the | ||
petitioner and the sought-after relative or
relatives are | ||
eligible to register with the Illinois Adoption Registry,
| ||
the confidential intermediary shall provide the necessary
| ||
application forms and request that the sought-after | ||
relative
register with the Illinois Adoption Registry. If | ||
either the petitioner
or the sought-after relative or | ||
relatives are ineligible to register
with the Illinois | ||
Adoption Registry, the confidential intermediary
shall | ||
obtain written consents from both parties that they wish to
| ||
disclose their identities to each other and to have contact | ||
with
each other.
| ||
(j) Oath. The confidential intermediary shall sign an oath | ||
of
confidentiality substantially as follows: "I, .........., | ||
being duly sworn, on
oath depose and say: As a condition of | ||
appointment as a confidential
intermediary, I affirm that:
|
(1) I will not disclose to the petitioner,
directly or | ||
indirectly, any confidential information
except in a | ||
manner consistent with the
law.
| ||
(2) I recognize that violation of this oath subjects me | ||
to civil liability
and to a potential finding of contempt | ||
of court.
................................
| ||
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| ||
date)
| ||
................................."
| ||
(k) Sanctions.
| ||
(1) Any confidential intermediary who improperly | ||
discloses
confidential information identifying a | ||
sought-after relative shall be liable to
the sought-after | ||
relative for damages and may also be found in contempt of
| ||
court.
| ||
(2) Any person who learns a sought-after
relative's | ||
identity, directly or indirectly, through the use of | ||
procedures
provided in this Section and who improperly | ||
discloses information identifying
the sought-after | ||
relative shall be liable to the sought-after relative for
| ||
actual damages plus minimum punitive damages of $10,000.
| ||
(3) The Department shall fine any confidential | ||
intermediary who improperly
discloses
confidential | ||
information in violation of item (1) or (2) of this | ||
subsection (k)
an amount up to $2,000 per improper | ||
disclosure. This fine does not affect
civil liability under |
item (2) of this subsection (k). The Department shall
| ||
deposit all fines and penalties collected under this | ||
Section into the Illinois
Adoption Registry and Medical | ||
Information Fund.
| ||
(l) Death of person being sought. Notwithstanding any other | ||
provision
of this Act, if the confidential intermediary | ||
discovers that the person
being sought has died, he or she | ||
shall report this fact to the court,
along with a copy of the | ||
death certificate. If the sought-after relative is a birth | ||
parent, the confidential intermediary shall also forward a copy | ||
of the birth parent's death certificate, if available, to the | ||
Registry for inclusion in the Registry file.
| ||
(m) Any confidential information obtained by the | ||
confidential intermediary
during the course of his or her | ||
search shall be kept strictly confidential
and shall be used | ||
for the purpose of arranging contact between the
petitioner and | ||
the sought-after birth relative. At the time the case is
| ||
closed, all identifying information shall be returned to the | ||
court for
inclusion in the impounded adoption file.
| ||
(n) If the petitioner is an adopted or surrendered person | ||
21 years of age or over or the
adoptive parent or legal | ||
guardian of an adopted or surrendered person under the age
of | ||
21, any
non-identifying information, as defined in Section | ||
18.4, that is
ascertained during the course of the search may | ||
be given in writing to
the petitioner at any time during the | ||
search before the case is closed.
|
(o) Except as provided in subsection (k) of this Section, | ||
no liability shall
accrue to
the State, any State agency, any | ||
judge, any officer or employee of the
court, any certified | ||
confidential intermediary, or any agency designated
to oversee | ||
confidential intermediary services for acts, omissions, or
| ||
efforts made in good faith within the scope of this Section.
| ||
(p) An adoption agency that has received a request from a | ||
confidential intermediary for the full name, date of birth, | ||
last known address, or last known telephone number of a | ||
sought-after relative pursuant to subsection (g) of Section | ||
18.3a, or for medical information regarding a sought-after | ||
relative pursuant to subsection (h) of Section 18.3a, must | ||
satisfactorily comply with this court order within a period of | ||
45 days. The court shall order the adoption agency to reimburse | ||
the petitioner in an amount equal to all payments made by the | ||
petitioner to the confidential intermediary, and the adoption | ||
agency shall be subject to a civil monetary penalty of $1,000 | ||
to be paid to the Department of Children and Family Services. | ||
Following the issuance of a court order finding that the | ||
adoption agency has not complied with Section 18.3, the | ||
adoption agency shall be subject to a monetary penalty of $500 | ||
per day for each subsequent day of non-compliance. Proceeds | ||
from such fines shall be utilized by the Department of Children | ||
and Family Services to subsidize the fees of petitioners as | ||
referenced in subsection (d) of this Section. | ||
(q) Provide information to eligible petitioner. The |
confidential intermediary may provide to eligible petitioners | ||
as described in subsections (a) and (b) of this Section, the | ||
name of the child welfare agency which had legal custody of the | ||
surrendered person or responsibility for placing the | ||
surrendered person and any available contact information for | ||
such agency. In addition, the confidential intermediary may | ||
provide to such petitioners the name of the state in which the | ||
surrender occurred or in which the adoption was finalized. | ||
Any reimbursements and fines, notwithstanding any | ||
reimbursement directly to the petitioner, paid under this | ||
subsection are in addition to other remedies a court may | ||
otherwise impose by law. | ||
The Department of Children and Family Services shall submit | ||
reports to the Confidential Intermediary Advisory Council by | ||
July 1 and January 1 of each year in order to report the | ||
penalties assessed and collected under this subsection, the | ||
amounts of related deposits into the DCFS Children's Services | ||
Fund, and any expenditures from such deposits.
| ||
(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)
| ||
(750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
| ||
Sec. 18.6. Registry fees. The Department of Public Health | ||
shall levy a
fee for each
registrant under Sections 18.05 | ||
through 18.5.
A $15 fee shall be charged for registering with | ||
the Illinois Adoption
Registry and Medical Information | ||
Exchange. However, this fee shall be
waived for all adopted or |
surrendered persons, surviving children and spouses of | ||
deceased adopted persons, adoptive parents,
legal guardians, | ||
birth parents, birth aunts, birth uncles, and
birth siblings | ||
who complete a Medical Information Exchange Questionnaire at | ||
the
time of registration and authorize its release to specified | ||
registered parties,
and for adoptive parents
registering | ||
within 12 months of the finalization of the
adoption. All | ||
persons who were registered with the Illinois Adoption Registry
| ||
prior to the effective date of this amendatory Act of 1999
and | ||
who wish to
update their registration may do so without charge.
| ||
No charge of any
kind shall be made for the withdrawal of any | ||
form provided in Section 18.2.
| ||
(Source: P.A. 96-895, eff. 5-21-10.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|