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Public Act 094-0430 |
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AN ACT concerning adoption.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing Section | ||||
18.05 as follows:
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(750 ILCS 50/18.05)
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Sec. 18.05. The Illinois Adoption Registry and Medical | ||||
Information
Exchange.
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(a) General function. Subject to appropriation, the | ||||
Department of Public
Health shall redefine the function of the | ||||
Illinois Adoption Registry and
create the Medical Information | ||||
Exchange in the manner outlined in subsections
(b) and (c) for | ||||
the purpose of facilitating the voluntary exchange of
medical | ||||
information between mutually consenting birth parents or birth
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siblings
and mutually consenting adoptive parents or legal | ||||
guardians of
adopted or surrendered persons under the age of 21 | ||||
or adopted or
surrendered persons 21 years of age or over.
The | ||||
Department shall establish rules for the confidential | ||||
operation of the
Illinois Adoption
Registry. Beginning January | ||||
1, 2000, the Department shall conduct a public
information | ||||
campaign through public service announcements
and other forms | ||||
of media coverage and, for a minimum of 4 years, through
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notices enclosed with driver's
license renewal applications, | ||||
shall inform
adopted and surrendered persons born, | ||||
surrendered, or adopted in Illinois and
their adoptive parents, | ||||
legal guardians, birth parents and birth siblings of
the | ||||
Illinois Adoption Registry and Medical Information Exchange. | ||||
The
Department shall notify all parties who registered with the | ||||
Illinois Adoption
Registry prior to January 1, 2000 of the | ||||
provisions of this amendatory Act of
1999. The Illinois
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Adoption
Registry shall also
maintain an informational | ||||
Internet site where interested parties may access
information |
about the Illinois Adoption Registry and Medical Information
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Exchange and download all necessary application forms. The | ||
Illinois Adoption
Registry
shall maintain statistical records | ||
regarding Registry participation and publish
and circulate to | ||
the public
informational material
about the function and | ||
operation of the Registry.
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(b) Establishment of the Adoption/Surrender Records File. | ||
When a person has
voluntarily registered with
the Illinois | ||
Adoption Registry and completed an Illinois Adoption Registry
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Application or a Registration Identification Form, the | ||
Registry shall establish
a
new Adoption/Surrender Records | ||
File. Such file may concern
an adoption that was finalized by a | ||
court action in the State of Illinois, an
adoption of a person | ||
born in Illinois finalized
by a court action in a state other | ||
than Illinois or in a foreign country, or a
surrender taken in | ||
the State of Illinois , or an adoption filed according to | ||
Section 16.1 of the Vital Records Act under a Record of Foreign | ||
Birth that was not finalized by a court action in the State of | ||
Illinois . Such file may be established for
adoptions or | ||
surrenders finalized prior to as well as after the effective | ||
date
of this amendatory Act of 1999. A file may be created in
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any manner to preserve documents including but not limited to | ||
microfilm,
optical imaging, or electronic documents.
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(c) Contents of the Adoption/Surrender Records File. An | ||
established
Adoption/Surrender
Records File shall be limited | ||
to the following items, to the extent that they
are
available:
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(1) The General Information Section and Medical | ||
Information Exchange
Questionnaire of any Illinois | ||
Adoption Registry Application or a Registration
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Identification
Form which
has been voluntarily completed | ||
by the adopted or surrendered person or his or
her adoptive
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parents, legal guardians, birth parents, or birth | ||
siblings.
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(2) Any photographs
voluntarily provided
by any | ||
registrant for the
adopted or surrendered person or his or | ||
her adoptive parents, legal guardians,
birth parents, or |
birth siblings at the
time of registration or any time | ||
thereafter.
All such photographs shall be submitted in an | ||
unsealed
envelope no larger than 8 1/2" x 11", and shall | ||
not include identifying
information pertaining to any | ||
person other than the registrant
who submitted them.
Any | ||
such identifying information shall be redacted by the | ||
Department or the
information shall be returned for removal | ||
of identifying information.
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(3) Any Information Exchange Authorization or Denial | ||
of Information
Exchange
which has been filed by a | ||
registrant.
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(4) For all adoptions finalized after January 1, 2000, | ||
copies of the
original certificate of live birth and the | ||
certificate
of adoption.
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(5) Any updated address submitted by any registered | ||
party about himself or
herself.
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(6) Any proof of death which has been submitted by an | ||
adopted or
surrendered person,
adoptive parent,
legal | ||
guardian,
birth parent, or birth sibling.
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(d) An established Adoption/Surrender Records File for an | ||
adoption filed in Illinois under a Record of Foreign Birth that | ||
was not finalized in a court action in the State of Illinois | ||
shall be limited to the following items submitted to the State | ||
Registrar of Vital Records under Section 16.1 of the Vital | ||
Records Act, to the extent that they are available: | ||
(1) Evidence as to the child's birth date and | ||
birthplace (including the country of birth and, if | ||
available, the city and province of birth) provided by the | ||
original birth certificate, or by a certified copy, | ||
extract, or translation thereof or by other document | ||
essentially equivalent thereto (the records of the U.S. | ||
Immigration and Naturalization Service or of the U.S. | ||
Department of State to be considered essentially | ||
equivalent thereto). | ||
(2) A certified copy, extract, or translation of the | ||
adoption decree or other document essentially equivalent |
thereto (the records of the U.S. Immigration and | ||
Naturalization Service or of the U.S. Department of State | ||
to be considered essentially equivalent thereto). | ||
(3) A copy of the IR-3 visa. | ||
(4) The name and address of the adoption agency that | ||
handled the adoption.
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(Source: P.A. 91-417, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2005.
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