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Public Act 91-0417
HB0631 Enrolled LRB9100454SMdvE
AN ACT regarding adoption, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Illinois Adoption Registry and Medical
Information Exchange Fund.
Section 7. The Illinois Vehicle Code is amended by
changing Section 6-115 as follows:
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code
shall expire 4 years from the date of its issuance, or at
such later date, as the Secretary of State may by proper rule
and regulation designate, not to exceed 12 calendar months;
in the event that an applicant for renewal of a driver's
license fails to apply prior to the expiration date of the
previous driver's license, the renewal driver's license shall
expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of
State may by proper rule and regulation designate, not to
exceed 12 calendar months.
The Secretary of State may, however, issue to a person
not previously licensed as a driver in Illinois a driver's
license which will expire not less than 4 years nor more than
5 years from date of issuance, except as provided elsewhere
in this Section.
The Secretary of State is authorized to issue driver's
licenses during the years 1984 through 1987 which shall
expire not less than 3 years nor more than 5 years from the
date of issuance, except as provided elsewhere in this
Section, for the purpose of converting all driver's licenses
issued under this Code to a 4 year expiration. Provided that
all original driver's licenses, except as provided elsewhere
in this Section, shall expire not less than 4 years nor more
than 5 years from the date of issuance.
(b) Before the expiration of a driver's license, except
those licenses expiring on the individual's 21st birthday, or
3 months after the individual's 21st birthday, the holder
thereof may apply for a renewal thereof, subject to all the
provisions of Section 6-103, and the Secretary of State may
require an examination of the applicant. A licensee whose
driver's license expires on his 21st birthday, or 3 months
after his 21st birthday, may not apply for a renewal of his
driving privileges until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the
expiration of a driver's license, forward to each person
whose license is to expire a notification of the expiration
of said license which may be presented at the time of renewal
of said license.
There may be included with such notification information
explaining the anatomical gift and Emergency Medical
Information Card provisions of Section 6-110. The format and
text of such information shall be prescribed by the
Secretary.
There shall be included with such notification, for a
period of 4 years beginning January 1, 2000 information
regarding the Illinois Adoption Registry and Medical
Information Exchange established in Section 18.1 of the
Adoption Act.
(d) The Secretary may defer the expiration of the
driver's license of a licensee, spouse, and dependent
children who are living with such licensee while on active
duty, serving in the Armed Forces of the United States
outside of the State of Illinois, and 45 days thereafter,
upon such terms and conditions as the Secretary may
prescribe.
(e) The Secretary of State may decline to process a
renewal of a driver's license of any person who has not paid
any fee or tax due under this Code and is not paid upon
reasonable notice and demand.
(f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years
of age shall expire 3 months after the licensee's 21st
birthday. Persons whose current driver's licenses expire on
their 21st birthday on or after January 1, 1986 shall not
renew their driver's license before their 21st birthday, and
their current driver's license will be extended for an
additional term of 3 months beyond their 21st birthday.
Thereafter, the expiration and term of the driver's license
shall be governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or
renewal driver's license issued to a licensee 81 years of age
through age 86 shall expire 2 years from the date of
issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12
calendar months. The Secretary shall also provide that each
original or renewal driver's license issued to a licensee 87
years of age or older shall expire 12 months from the date of
issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12
calendar months.
(Source: P.A. 86-467.)
Section 10. The Adoption Act is amended by changing
Sections 18.1, 18.2, 18.3, 18.3a, 18.4a, 18.5, and 18.6 and
by adding Sections 18.04, 18.05, 18.06, 18.07, 18.1a, 18.1b,
18.1c, 18.7, and 18.8 as follows:
(750 ILCS 50/18.04 new)
Sec. 18.04. The Illinois Adoption Registry and Medical
Information Exchange; legislative intent. The General
Assembly recognizes the importance of creating a procedure by
which mutually consenting adult members of birth families,
adoptive parents and legal guardians of adopted and
surrendered children, and adult adopted or surrendered
persons may voluntarily exchange vital medical information
throughout the life of the adopted or surrendered person.
The General Assembly supports public policy that requires
explicit mutual consent prior to the release of confidential
information. The General Assembly further recognizes that it
is in the best interest of adopted and surrendered persons
that birth family medical histories and the preferences
regarding contact of all parties to an adoption be compiled,
preserved and provided to mutually consenting adoptive
parents and legal guardians of adopted or surrendered
children and to adult adopted or surrendered persons and
their birth parents and siblings. The purpose of this
amendatory Act of 1999 is to respond to these concerns by
enhancing the Adoption Registry and creating the voluntary
Medical Information Exchange.
(750 ILCS 50/18.05 new)
Sec. 18.05. The Illinois Adoption Registry and Medical
Information Exchange.
(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 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 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 Adoption Registry shall
also maintain an informational Internet site where interested
parties may access information about the Illinois Adoption
Registry and Medical Information 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.
(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 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. 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 any manner to preserve
documents including but not limited to microfilm, optical
imaging, or electronic documents.
(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:
(1) The General Information Section and Medical
Information Exchange Questionnaire of any Illinois
Adoption Registry Application or a Registration
Identification Form which has been voluntarily completed
by the adopted or surrendered person or his or her
adoptive parents, legal guardians, birth parents, or
birth siblings.
(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.
(3) Any Information Exchange Authorization or
Denial of Information Exchange which has been filed by a
registrant.
(4) For all adoptions finalized after January 1,
2000, copies of the original certificate of live birth
and the certificate of adoption.
(5) Any updated address submitted by any registered
party about himself or herself.
(6) Any proof of death which has been submitted by
an adopted or surrendered person, adoptive parent, legal
guardian, birth parent, or birth sibling.
(750 ILCS 50/18.06 new)
Sec. 18.06. Definitions. When used in Sections 18.05
through Section 18.6, for the purposes of the Registry:
"Adopted person" means a person who was adopted pursuant
to the laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent
through the legal process of adoption.
"Agency" means a public child welfare agency or a
licensed child welfare agency.
"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 Parentage Act of 1984.
"Birth mother" means the biological mother of an adopted
or surrendered person.
"Birth parent" means a birth mother or birth father of an
adopted or surrendered person.
"Birth sibling" means the adult full or half sibling of
an adopted or surrendered person.
"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.
"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.
"Medical Information Exchange Questionnaire" means the
medical history questionnaire completed by a registrant of
the Illinois Adoption Registry and Medical Information
Exchange.
"Proof of death" means a death certificate.
"Registrant" or "Registered Party" means a birth parent,
birth sibling, adopted or surrendered person over the age of
21, or adoptive parent or legal guardian of an adopted or
surrendered person under the age of 21 who has filed an
Illinois Adoption Registry Application or Registration
Identification Form with the Registry.
"Surrendered person" means a person whose parents' rights
have been surrendered or terminated but who has not been
adopted.
(750 ILCS 50/18.07 new)
Sec. 18.07. Adoption Registry Advisory Council. There
is established an Adoption Registry Advisory Council. The
Council shall be chaired by the Director of the Department of
Public Health or his designee. The Council shall include the
Director of the Department of Children and Family Services or
his designee. The Council shall also include one
representative from each of the following organizations:
Adoption Advocates of Illinois, Adoptive Families Today,
American Adoption Congress, Catholic Conference of Illinois,
Chicago Area Families for Adoption, Chicago Bar Association,
Child Care Association of Illinois, Children Remembered,
Inc., Children's Home and Aid Society of Illinois, Child
Welfare Advisory Council, The Cradle, Healing Hearts,
Illinois Foster Parents Association, Illinois State Bar
Association, Illinois State Medical Society, Jewish
Children's Bureau, Kids Help Foundation, LDS Social Services,
Lutheran Social Services of Illinois, Maryville Academy,
Midwest Adoption Center, St. Mary's Services, Stars of David,
and Truthseekers in Adoption.
If any one of the above named organizations notifies the
Director of the Department of Public Health in writing that
the organization does not wish to participate on the Advisory
Council or that the organization is no longer functioning,
the Director shall appoint another organization that
represents the same constituency as the named organization to
replace the named organization on the Council.
The Council's responsibilities shall include the following:
1) Advising the Department on the development of rules,
procedures, and forms utilized by the Illinois Adoption
Registry and Medical Information Exchange;
2) Making recommendations regarding the procedures,
tools and technology that will ensure efficient and
effective operation of the Registry;
3) Submitting a report to the Governor and the General
Assembly no later than January 1, 2001, on the status of
the Registry, an evaluation of the effectiveness of the
Registry, and pertinent statistics regarding the
Registry;
4) Assisting the Department with the development,
publication, and circulation of an informational pamphlet
that describes the purpose, function, and mechanics of
the Illinois Adoption Registry and Medical Information
Exchange, including information about who is eligible to
register and how to register; information about the
questions and concerns that registrants may develop when
they register or when they receive information from the
Registry; and a list of services, programs, groups, and
informational websites that are available to assist
registrants with their questions and concerns.
(750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
Sec. 18.1. Disclosure of identifying information.
(a) The Department of Public Health shall establish and
maintain a Registry for the purpose of providing identifying
information to mutually consenting adult adopted or
surrendered persons, birth parents, adoptive parents, legal
guardians and birth siblings children surrendered for
adoption or adoptees and biological parents and to mutually
consenting biological siblings. Identifying information for
the purpose of this Act shall mean any one or more of the
following:
(1) only The name and last known address of the
consenting person or persons.
(2) A copy of the Illinois Adoption Registry
Application of the consenting person or persons.
(3) A copy of the original certificate of live
birth of the adopted person.
Written authorization from all parties identified must be
received prior to disclosure of any identifying information.
(b) 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 biological parent or
both of them may file with the Registry a Birth Biological
Parent Registration Identification Form and an Information
Exchange Authorization or a Denial of Information Exchange.
(b-5) A birth sibling 21 years of age or over who was
not surrendered for adoption and who has submitted proof of
death for a deceased birth parent and such birth parent 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.
(c) Any adopted person over the age of 21 adoptee, or
any surrendered person over the age of 21 child who has been
surrendered for adoption but not adopted ("surrendered
child"), or any adoptive parent or legal guardian of an
adopted or surrendered person under the age of 21 may file
with the Registry a an Adoptee Registration Identification
Form or a Surrendered Child Registration Identification Form
and an Information Exchange Authorization or a Denial of
Information Exchange. if such adoptee or surrendered child is
21 years of age or over; or, if over 18 years of age and
under 21 years of age, if there is attached to the
Information Exchange Authorization (1) written consent of
both adoptive parents, or (2) written consent of a single
adoptive parent with a certified copy of the Judgment of
Adoption, or (3) proof of the death of one adoptive parent
and written consent of the surviving adoptive parent, or (4)
written consent of the guardian of the adoptee or surrendered
child with a certified copy of the Order of Guardianship.
(d) The Department of Public Health shall supply to the
adopted adoptee or surrendered person or his or her adoptive
parents or legal guardians child and to the birth biological
parents identifying information only if both the adopted
adoptee or surrendered person child or his or her adoptive
parents or legal guardians and the birth biological parents
have filed with the Registry an Information Exchange
Authorization and the information at the Registry indicates
that the consenting adopted adoptee or surrendered person
child or the child of the consenting adoptive parents or
legal guardians is the child of the consenting birth
biological parents.
The Department of Public Health shall supply to adopted
adoptees or surrendered persons children who are birth
biological 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
biological parents in common. Identifying information shall
be supplied to consenting birth biological siblings who were
adopted or surrendered if any such sibling is 21 years of age
or over; or, if over 18 years of age and under 21 years of
age, if there is attached to the Information Exchange
Authorization (1) written consent of both adoptive parents,
or (2) written consent of a single adoptive parent with a
certified copy of the Judgment of Adoption, or (3) proof of
the death of one adoptive parent and written consent of the
surviving adoptive parent, or (4) written consent of the
guardian of the adoptee or surrendered child with a certified
copy of the Order of Guardianship. 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 with the Registry prior to his or her death.
(e) A birth biological parent, birth sibling, adopted
adoptee or surrendered person or their adoptive parents or
legal guardians child may notify the Registry of his or her
desire not to have his or her identity 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. The Illinois Adoption Registry Application does not
need to be completed in order to file a Denial of Information
Exchange. Any adopted or adoptee, surrendered person or his
or her adoptive parents or legal guardians, child birth
sibling or birth biological parent may revoke a Denial of
Information Exchange by filing an Information Exchange
Authorization. The Department of Public Health shall act in
accordance with the most recently filed Authorization.
(f) 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 the adopted or
adoptee, surrendered person child, adoptive parents or legal
guardians, birth adopted or surrendered sibling, or birth
biological parent if both the adopted or surrendered person
or his or her adoptive parents or legal guardians adoptee, or
surrendered child, and his or her birth biological parent, or
both, birth adopted or surrendered siblings, have filed with
the Registry an Information Exchange Authorization, or (3) as
authorized under subsection (h) of Section 18.3 of this Act.
A copy of the certificate of live birth shall only be
released to an adopted person who was born in Illinois and
who is the subject of an Information Exchange Authorization
filed by one of his or her birth parents or non-surrendered
birth siblings. 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.
(g) 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.
(Source: P.A. 86-1451.)
(750 ILCS 50/18.1a new)
Sec. 18.1a. Registry matches.
(a) The Registry shall release identifying information,
as specified on the Information Exchange Authorization, to
the following mutually consenting registered parties and
provide them with any photographs which have been placed in
the Adoption/Surrender Records File and are specifically
intended for the registered parties:
(i) an adult adopted or surrendered person and one
of his or her birth parents or birth siblings who have
both filed an applicable Information Exchange
Authorization specifying the other consenting party with
the Registry, if information available to the Registry
confirms that the consenting adopted or surrendered
person is a birth relative of the consenting birth parent
or sibling;
(ii) the adoptive parent or legal guardian of an
adopted or surrendered person under the age of 21 and one
of his or her birth parents or birth siblings who have
both filed an Information Exchange Authorization
specifying the other consenting party with the Registry,
if information available to the Registry confirms that
the child of the consenting adoptive parent or legal
guardian is a birth relative of the consenting birth
parent or birth sibling.
(b) If a registrant is the subject of a Denial of
Information Exchange filed by another party to the adoption,
the Registry shall not release identifying information to
either registrant.
(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 birth relatives or that the consenting
birth relative and the child of the consenting, adoptive
parents or legal guardians are birth relatives.
(750 ILCS 50/18.1b new)
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.
(1) For birth parents or birth siblings, the
Medical Information Exchange Questionnaire shall include
a comprehensive check-list of medical conditions and
diseases including those of genetic origin. Birth
parents and birth siblings 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 parents and birth
siblings 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 or legal guardians 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 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) Contact information. All registrants may indicate
their wishes regarding contact with any other registrant by
completing an Information Exchange Authorization or a Denial
of Information Exchange.
(1) Information Exchange Authorization. Adopted or
surrendered persons 21 years of age or over who would
welcome contact with one or more of their birth parents
or birth siblings; birth parents who would welcome
contact with an adopted or surrendered person, or one or
more of his or her adoptive parents or legal guardians;
birth siblings 21 years of age or over who were adopted
or surrendered and who would welcome contact with an
adopted or surrendered person, or one or more of his or
her adoptive parents or legal guardians; 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 prior
to his or her death, and who would welcome contact with
an adopted or surrendered person, or one or more of his
or her adoptive parents or legal guardians; and adoptive
parents or legal guardians of adopted or surrendered
persons under the age of 21 who would welcome contact
with one or more of the adopted or surrendered person's
birth parents or birth siblings may specify with whom
they wish to exchange identifying information by filing
an Information Exchange Authorization at the time of the
adoption or surrender, or any time thereafter.
(2) Denial of Information Exchange. Adopted or
surrendered persons 21 years of age or over who do not
wish to establish contact with one or more of their birth
parents or birth siblings may specify with whom they do
not wish to exchange identifying information by filing a
Denial of Information Exchange. Birth parents or birth
siblings who do not wish to establish contact with an
adopted or surrendered person or one or more of his or
her adoptive parents or legal guardians may specify with
whom they do not wish to exchange identifying information
by filing a Denial of Information Exchange at the time of
the adoption or surrender, or any time thereafter.
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 parents or birth siblings may
specify with whom they do not wish to exchange
identifying information by filing a Denial of Information
Exchange at the time of the adoption or surrender, or any
time thereafter. The Illinois Adoption Registry
Application does not need to be completed in order to
file a Denial of Information Exchange.
(e) 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, and affidavits submitted to the
Registry shall be accompanied by proof of identification.
(f) The Department shall establish the Illinois Adoption
Registry Application form including the Medical Information
Exchange Questionnaire by rule.
(750 ILCS 50/18.1c new)
Sec. 18.1c. Effective date of registration.
Registration with the Illinois Adoption Registry and Medical
Information Exchange shall become effective as soon as the
applicant's completed Illinois Adoption Registry Application
has been filed with the Registry.
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
Sec. 18.2. Forms.
(a) The form of the Birth Biological Parent Registration
Identification Form shall be substantially as follows:
BIRTH BIOLOGICAL 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 gave up 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 Adoptee Registration
Identification shall be substantially as follows:
ADOPTED PERSON ADOPTEE
REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Adopted Person's Adoptee's present name: ..... (first)
..... (middle) ..... (last).
Adopted Person's Adoptee'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 biological mother (if known): ..... (first)
..... (middle) ..... (last), ..... (race).
Name of birth biological father (if known): ..... (first)
..... (middle) ..... (last), ..... (race).
Name(s) at birth of sibling(s) having a common birth
biological parent with adoptee (if known): .....
(first) ..... (middle) ..... (last), ..... (race),
and name of common birth biological 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 Child
Registration Identification shall be substantially as
follows:
SURRENDERED PERSON CHILD REGISTRATION
IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Surrendered Person's Child's present name: ..... (first)
..... (middle) ..... (last).
Surrendered Person's Child'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 biological mother (if known): ..... (first)
..... (middle) ..... (last) ..... (race).
Name of birth biological father (if known): ..... (first)
..... (middle) ..... (last), .....(race).
Name(s) at birth of sibling(s) having a common birth
biological parent with surrendered person adoptee
(if known): ..... (first) ..... (middle) .....
(last), ..... (race), and name of common birth
biological 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 child)
............ ......................
(date) (printed name of person child
surrendered for adoption)
(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 my (birth biological parent) (birth
biological sibling) (surrendered child) 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 copy of the original certificate of live
birth. necessary information so I can be contacted; that
I am fully aware that I can only be supplied with any
information about the name and last known address of my
(birth biological parent) (birth biological sibling)
(surrendered child) if such person has duly executed an
Information Exchange Authorization for such information which
has not been revoked; that I can be contacted by writing to:
..... (own name or name of person to contact) (address)
(phone number). Dated (insert date). this ..... day of
....., 19...
............ ..............
(witness) (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 my (birth
biological parent) (birth biological sibling) (surrendered
child); that I do not wish to be contacted.
Dated (insert date). this .... day of ......, 19...
............. ...............
(witness) (signature)
(f) The Information Exchange Authorization and the
Denial of Information Exchange shall be acknowledged by the
birth biological parent, birth biological sibling, adopted
adoptee or surrendered person, adoptive parent, or legal
guardian child 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).
this ....... day of .........., 19...
.........................
(signature)
(g) When the execution of an Information Exchange
Authorization or a Denial of Information Exchange 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).
this ..... day of ........., 19...
.......................
(signature)
(h) When Where an Illinois Adoption Registry
Application, Information Exchange Authorization or a Denial
of Information Exchange is executed signed in a foreign
country, the execution of such document shall be acknowledged
or affirmed before an officer of the United States consular
services in a manner conformable to the law and procedure of
such country.
(i) If the person signing an Information Exchange
Authorization or a Denial of Information 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.
(j) The Department shall modify these forms as necessary
to implement the provisions of this Amendatory Act of 1999
including creating Registration Identification Forms for
non-surrendered birth siblings, adoptive parents and legal
guardians.
(Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)
(750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
Sec. 18.3. (a) The agency, Department of Children
and Family Services, Court Supportive Services, Juvenile
Division of the Circuit Court, Probation Officers of the
Circuit Court and any other party to the surrender of a child
for adoption or in an adoption proceeding shall obtain from
any birth biological parent or parents giving up a child for
purposes of adoption after the effective date of this Act a
written statement which indicates: (1) a desire to have
identifying information shared with the adopted or
surrendered person child at a later date; (2) a desire not
to have identifying information revealed; or (3) that no
decision is made at that time. In addition, the agency,
Department of Children and Family Services, Court Supportive
Services, Juvenile Division of the Circuit Court, and any
other organization involved in the surrender of a child for
adoption in an adoption proceeding shall inform the birth
parent or parents of a child born, adopted or surrendered in
Illinois of the existence of the Illinois Adoption Registry
and Medical Information Exchange and provide them with the
necessary application forms and if requested, assistance with
completing the forms.
(b) When the written statement is signed, the birth
biological parent or parents shall be informed in writing
that their decision regarding the sharing of identifying
information can be made or changed by such birth biological
parent or parents at any future date.
(c) The birth biological parent shall be informed in
writing that if sharing of identifying information with the
adopted or surrendered person child is to occur, that he or
she the child must be 21 years of age or over; or if under
the age of 21 with written consent of both adoptive parents,
with written consent of a single adoptive parent, with proof
of death of one adoptive parent and written consent of the
surviving adoptive parent, or with written consent of the
guardian of the child.
(d) If the birth biological parent or parents indicate a
desire to share identifying information with the adopted or
surrendered person child, the birth parent shall complete an
Information Exchange Authorization. statement shall contain
information regarding means to communicate with the
biological parent.
(e) Any birth biological parent or parents requesting
that no identifying information be revealed to the adopted
adoptee or surrendered person child shall be informed that
such request will be conveyed to the adopted adoptee or
surrendered person child if he or she the adoptee or
surrendered child requests such information; and such
identifying information shall not be revealed.
(f) Any adopted adoptee or surrendered person child 21
years of age or over, and any adoptee under 21 years of age
with written consent of the adoptive parents, the surviving
adoptive parent, a single adoptive parent or the guardian of
the child may also indicate in writing his or her desire or
lack of desire to share identifying information with the
birth biological parent or parents or birth biological
sibling or siblings. Any adopted adoptee or surrendered
person child requesting that no identifying information be
revealed to the birth biological parent or birth biological
sibling shall be informed that such request shall be conveyed
to the parent if such birth biological parent or birth
biological sibling requests such information; and such
identifying information shall not be revealed.
(g) Any birth biological parents, birth sibling and
adopted adoptees or surrendered person, adoptive parent or
legal guardian children indicating their desire to receive
have identifying or medical information shall be informed of
the existence of the Registry and assistance shall be given
to such person biological parent, adoptee or surrendered
child to also legally record his or her name with the
Registry.
(h) The agency, Department of Children and Family
Services, Court Supportive Services, Juvenile Division of the
Circuit Court, Probation Officers of the Circuit Court and
any other organization involved in the surrender of a child
for adoption in an adoption proceeding which has written
statements from an adopted adoptee or surrendered person
child and the birth biological parent or a birth biological
sibling indicating a desire to receive identifying
information shall supply such information to the mutually
consenting parties, except that no identifying information
shall be supplied to consenting birth biological siblings if
any such sibling is under 21 years of age. However, both the
Registry having an Information Exchange Authorization and the
organization having a written statement requesting
identifying information shall communicate with each other to
determine if the adopted adoptee or surrendered person child
or the birth biological parent or birth biological sibling
has signed a form at a later date indicating a change in his
or her desires regarding the sharing of information. The
agreement of the birth biological parent shall be binding.
(i) On and after January 1, 2000, any licensed child
welfare agency which provides post-adoption search assistance
to adoptive parents, adopted persons, birth parents, or birth
siblings shall require that any person requesting
post-adoption search assistance complete an Illinois Adoption
Registry Application prior to the commencement of the search.
(Source: P.A. 86-1451.)
(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 person adoptee over the
age of 21 18 or any adoptive parent or legal guardian of an
adopted person adoptee under the age of 21 18 may petition
the court for appointment of a confidential intermediary as
provided in this Section for the purpose of obtaining from
one or both birth biological parents or a sibling or siblings
of the adopted person adoptee information concerning the
background of a psychological or genetically-based medical
problem experienced or which may be expected to be
experienced in the future by the adopted person adoptee or
obtaining assistance in treating such a problem.
(b) Petition. The court shall appoint a confidential
intermediary for the purposes described in subsection (f) if
the petitioner shows the following:
(1) the adopted person adoptee is suffering or may
be expected to suffer in the future from a
life-threatening or substantially incapacitating physical
illness of any nature, or a psychological disturbance
which is substantially incapacitating but not
life-threatening, or a mental illness which, in the
opinion of a physician licensed to practice medicine in
all its branches, is or could be genetically based to a
significant degree;
(2) the treatment of the adopted person adoptee, in
the opinion of a physician licensed to practice medicine
in all of its branches, would be materially assisted by
information obtainable from the birth biological parents
or might benefit from the provision of organs or other
bodily tissues, materials, or fluids by the birth
biological parents or other close biological relatives;
and
(3) there is neither an Information Exchange
Authorization nor a Denial of Information Exchange filed
in the Registry as provided in Section 18.1.
The affidavit or testimony of the treating physician
shall be conclusive on the issue of the utility of contact
with the birth biological parents unless the court finds that
the relationship between the illness to be treated and the
alleged need for contact is totally without foundation.
(c) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the payment
of the intermediary's fees and expenses in advance, unless
the intermediary waives the right to full advance payment or
to any reimbursement at all.
(d) Eligibility of intermediary. The court may appoint
as confidential intermediary either an employee of the
Illinois Department of Children and Family Services
designated by the Department to serve as such, any other
person certified by the Department as qualified to serve as a
confidential intermediary, or any employee of a licensed
child welfare agency certified by the agency as qualified to
serve as a confidential intermediary.
(e) Access. Notwithstanding any other provision of law,
the confidential intermediary shall have access to all
records of the court or any agency, public or private, which
relate to the adoption or the identity and location of any
birth biological parent.
(f) Purposes of contact. The confidential intermediary
has only the following powers and duties:
(1) To contact one or both birth biological
parents, inform the parent or parents of the basic
medical problem of the adopted person adoptee and the
nature of the information or assistance sought from the
birth biological parent, and inform the parent or parents
of the following options:
(A) The birth biological parent may totally
reject the request for assistance or information, or
both, and no disclosure of identity or location
shall be made to the petitioner.
(B) The birth biological parent may file an
Information Exchange Authorization as provided in
Section 18.1. The confidential intermediary shall
explain to the birth biological parent the
consequences of such a filing, including that the
birth biological parent's identity will be available
for discovery by the adopted person adoptee. If the
birth biological parent agrees to this option, the
confidential intermediary shall supply the parent
with the appropriate forms, shall be responsible for
their immediate filing with the Registry, and shall
inform the petitioner of their filing.
(C) If the birth biological parent wishes to
provide the information or assistance sought but
does not wish his or her identity disclosed, the
confidential intermediary shall arrange for the
disclosure of the information or the provision of
assistance in as confidential a manner as possible
so as to protect the privacy of the birth biological
parent and minimize the likelihood of disclosure of
the birth biological parent's identity.
(2) If a birth biological parent so desires, to
arrange for a confidential communication with the
treating physician to discuss the need for the requested
information or assistance.
(3) If a birth biological parent agrees to provide
the information or assistance sought but wishes to
maintain his or her privacy, to arrange for the provision
of the information or assistance to the physician in as
confidential a manner as possible so as to protect the
privacy of the birth biological parent and minimize the
likelihood of disclosure of the birth biological parent's
identity.
(g) 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 information about the identity or
location of the birth biological parent whose assistance
is being sought for medical reasons except in a manner
consistent with the law.
(2) I recognize that violation of this oath
subjects me to civil liability and to being found in
contempt of court.
................................
SUBSCRIBED AND SWORN to before me, a Notary Public,
on (insert date). this ..... day of .........., 19...
................................"
(h) Sanctions.
(1) Any confidential intermediary who improperly
discloses information identifying a birth biological
parent shall be liable to the birth biological parent for
damages and may also be found in contempt of court.
(2) Any physician or other person who learns a
birth biological parent's identity, directly or
indirectly, through the use of procedures provided in
this Section and who improperly discloses information
identifying the birth biological parent shall be liable
to the birth biological parent for actual damages plus
minimum punitive damages of $10,000.
(i) Death of birth biological parent. Notwithstanding
any other provision of this Act, if the confidential
intermediary discovers that the person whose assistance is
sought has died, he or she shall report this fact to the
court, along with a copy of the death certificate if
possible.
(Source: P.A. 86-1451; revised 10-20-98.)
(750 ILCS 50/18.4a) (from Ch. 40, par. 1522.4a)
Sec. 18.4a. Medical and mental health histories.
(a) Notwithstanding any other provision of law to the
contrary, to the extent currently in possession of the
agency, the medical and mental health histories of a child
legally freed for adoption and of the birth biological
parents, with information identifying the birth biological
parents eliminated, shall be provided by an agency to the
child's prospective adoptive parent and shall be provided
upon request to an adoptive parent when a child has been
adopted. The medical and mental health histories shall
include all the following available information:
(1) Conditions or diseases believed to be
hereditary.
(2) Drugs or medications taken by the child's birth
biological mother during pregnancy.
(3) Psychological and psychiatric information.
(4) Any other information that may be a factor
influencing the child's present or future health.
(b) The Department of Children and Family Services may
promulgate rules and regulations governing the release of
medical histories under this Section.
(Source: P.A. 87-617.)
(750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
Sec. 18.5. Liability. No liability shall attach to the
State, any agency thereof, any licensed agency, any judge,
any officer or employee of the court, or any party or
employee thereof involved in the surrender of a child for
adoption or in an adoption proceeding for acts or efforts
made within the scope of Sections 18.05 18.1 thru 18.5,
inclusive, of this Act and under pursuant to its provisions,
except for subsection (f) of Section 18.1.
(Source: P.A. 86-304.)
(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 18.1 through 18.5. A $40 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, adoptive parents, legal
guardians, birth parents, 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 a
registration or consent form.
(Source: P.A. 87-318.)
(750 ILCS 50/18.7 new)
Sec. 18.7. Illinois Adoption Registry and Medical
Information Exchange Fund. There is created in the State
treasury a special fund to be known as the Illinois Adoption
Registry and Medical Information Exchange Fund. All fees
collected by the Illinois Adoption Registry under this
amendatory Act of 1999 shall be deposited into the Fund.
Subject to appropriation, the amounts in the Fund shall be
used by the Department of Public Health to conduct activities
related to maintaining the Illinois Adoption Registry and
Medical Information Exchange and issuing any documents and
forms related to the Illinois Adoption Registry and Medical
Information Exchange.
(750 ILCS 50/18.8 new)
Sec. 18.8. Improper disclosure of identifying
information. All information submitted to the Registry is
confidential and gathered by the State solely for the purpose
of facilitating the exchange of updated medical data and
contact information between adopted and surrendered persons
and other registered parties. Information exchanged through
the Registry shall not be admissible as evidence nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency, or commission. Disclosure of
identifying information in violation of this Act is a Class A
misdemeanor.
Section 99. Effective date. This Act takes effect
January 1, 2000.
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