Bill Text: IL SB2977 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Adoption Act. Allows any person 21 years of age or over who was relinquished under the Abandoned Newborn Infant Protection Act or who had a birth certificate issued under specified provisions of the Vital Records Act to petition for the appointment of a confidential intermediary. Requires the confidential intermediary to provide such a petitioner with a DNA test kit upon request with no fee. Allows a petitioner to use the remedy in the Adoption Act for a missing or lost original birth certificate to be used for missing or lost birth certificate issued under specified provisions of the Vital Records Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-03 - Rule 3-9(a) / Re-referred to Assignments [SB2977 Detail]
Download: Illinois-2023-SB2977-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Adoption Act is amended by changing Section | |||||||||||||||||||
5 | 18.3a as follows:
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6 | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) | |||||||||||||||||||
7 | Sec. 18.3a. Confidential intermediary. | |||||||||||||||||||
8 | (a) General purposes. Notwithstanding any other provision | |||||||||||||||||||
9 | of this Act, | |||||||||||||||||||
10 | (1) any adopted or surrendered person 21 years of age | |||||||||||||||||||
11 | or over; or | |||||||||||||||||||
12 | (2) any adoptive parent or legal guardian of an | |||||||||||||||||||
13 | adopted or surrendered person under the age of 21; or | |||||||||||||||||||
14 | (3) any birth parent of an adopted or surrendered | |||||||||||||||||||
15 | person who is 21 years of age or over; or | |||||||||||||||||||
16 | (4) any adult child or adult grandchild of a deceased | |||||||||||||||||||
17 | adopted or surrendered person; or | |||||||||||||||||||
18 | (5) any adoptive parent or surviving spouse of a | |||||||||||||||||||
19 | deceased adopted or surrendered person; or | |||||||||||||||||||
20 | (6) any adult birth sibling of the adult adopted or | |||||||||||||||||||
21 | surrendered person unless the birth parent has checked | |||||||||||||||||||
22 | Option E on the Birth Parent Preference Form or has filed a | |||||||||||||||||||
23 | Denial of Information Exchange with the Registry and is |
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1 | not deceased; or | ||||||
2 | (7) any adult adopted birth sibling of an adult | ||||||
3 | adopted or surrendered person; or | ||||||
4 | (8) any adult birth sibling of the birth parent if the | ||||||
5 | birth parent is deceased; or | ||||||
6 | (9) any birth grandparent ; or | ||||||
7 | (10) any person 21 years of age or over who was | ||||||
8 | relinquished pursuant to the Abandoned Newborn Infant | ||||||
9 | Protection Act or who had a birth certificate issued | ||||||
10 | pursuant to Section 13 of the Vital Records Act. | ||||||
11 | may petition the court in any county in the State of Illinois | ||||||
12 | for appointment of a confidential intermediary as provided in | ||||||
13 | this Section for the purpose of exchanging medical information | ||||||
14 | with one or more mutually consenting biological relatives, | ||||||
15 | obtaining identifying information about one or more mutually | ||||||
16 | consenting biological relatives, or arranging contact with one | ||||||
17 | or more mutually consenting biological relatives. The | ||||||
18 | petitioner shall be required to accompany his or her petition | ||||||
19 | with proof of registration with the Illinois Adoption Registry | ||||||
20 | and Medical Information Exchange. | ||||||
21 | (a-5) In addition, any former youth in care as defined in | ||||||
22 | Section 4d of the Children and Family Services Act who was | ||||||
23 | adopted or surrendered may petition the court in any county in | ||||||
24 | the State for appointment of a confidential intermediary as | ||||||
25 | provided in this Section for the purposes of obtaining | ||||||
26 | identifying information or arranging contact with (i) siblings |
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1 | or birth relatives if the former youth in care is between the | ||||||
2 | ages of 18 and 21 or (ii) former foster parents or foster | ||||||
3 | siblings if the former youth in care is over the age of 18. A | ||||||
4 | petitioner under this subsection is not required to register | ||||||
5 | with the Illinois Adoption Registry and Medical Information | ||||||
6 | Exchange. | ||||||
7 | (b) Petition. Upon petition, the court shall appoint a | ||||||
8 | confidential intermediary. The petition shall indicate if the | ||||||
9 | petitioner wants to do any one or more of the following as to | ||||||
10 | the sought-after relative or relatives: exchange medical | ||||||
11 | information with the biological relative or relatives, obtain | ||||||
12 | identifying information from the biological relative or | ||||||
13 | relatives, or to arrange contact with the biological relative. | ||||||
14 | (c) Order. The order appointing the confidential | ||||||
15 | intermediary shall allow that intermediary to conduct a search | ||||||
16 | for the sought-after relative by accessing those records | ||||||
17 | described in subsection (g) of this Section. | ||||||
18 | (d) Fees and expenses. The court shall not condition the | ||||||
19 | appointment of the confidential intermediary on the payment of | ||||||
20 | the intermediary's fees and expenses in advance of the | ||||||
21 | commencement of the work of the confidential intermediary. No | ||||||
22 | fee shall be charged to any petitioner. | ||||||
23 | (d-5) The confidential intermediary shall provide any | ||||||
24 | petitioner under paragraph (a)(10) with a DNA test kit upon | ||||||
25 | request with no fee. | ||||||
26 | (e) Eligibility of intermediary. The court may appoint as |
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1 | confidential intermediary any person certified by the | ||||||
2 | Department of Children and Family Services as qualified to | ||||||
3 | serve as a confidential intermediary. Certification shall be | ||||||
4 | dependent upon the confidential intermediary completing a | ||||||
5 | course of training including, but not limited to, applicable | ||||||
6 | federal and State privacy laws. | ||||||
7 | (f) (Blank). | ||||||
8 | (g) Confidential intermediary access to information. | ||||||
9 | Subject to the limitations of subsection (i) of this Section, | ||||||
10 | the confidential intermediary shall have access to vital | ||||||
11 | records maintained by the Department of Public Health and its | ||||||
12 | local designees for the maintenance of vital records, or a | ||||||
13 | comparable public entity that maintains vital records in | ||||||
14 | another state in accordance with that state's laws, and all | ||||||
15 | records of the court or any adoption agency, public or | ||||||
16 | private, as limited in this Section, which relate to the | ||||||
17 | adoption or the identity and location of an adopted or | ||||||
18 | surrendered person, of an adult child or surviving spouse of a | ||||||
19 | deceased adopted or surrendered person, or of a birth parent, | ||||||
20 | birth sibling, or the sibling of a deceased birth parent. The | ||||||
21 | confidential intermediary shall not have access to any | ||||||
22 | personal health information protected by the Standards for | ||||||
23 | Privacy of Individually Identifiable Health Information | ||||||
24 | adopted by the U.S. Department of Health and Human Services | ||||||
25 | under the Health Insurance Portability and Accountability Act | ||||||
26 | of 1996 unless the confidential intermediary has obtained |
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1 | written consent from the person whose information is being | ||||||
2 | sought by an adult adopted or surrendered person or, if that | ||||||
3 | person is a minor child, that person's parent or guardian. | ||||||
4 | Confidential intermediaries shall be authorized to inspect | ||||||
5 | confidential relinquishment and adoption records. The | ||||||
6 | confidential intermediary shall not be authorized to access | ||||||
7 | medical records, financial records, credit records, banking | ||||||
8 | records, home studies, attorney file records, or other | ||||||
9 | personal records. In cases where a birth parent is being | ||||||
10 | sought, an adoption agency shall inform the confidential | ||||||
11 | intermediary of any statement filed pursuant to Section 18.3, | ||||||
12 | hereinafter referred to as "the 18.3 statement", indicating a | ||||||
13 | desire of the surrendering birth parent to have identifying | ||||||
14 | information shared or to not have identifying information | ||||||
15 | shared. Information provided to the confidential intermediary | ||||||
16 | by an adoption agency shall be restricted to the full name, | ||||||
17 | date of birth, place of birth, last known address, last known | ||||||
18 | telephone number of the sought-after relative or, if | ||||||
19 | applicable, of the children or siblings of the sought-after | ||||||
20 | relative, and the 18.3 statement. If the petitioner is an | ||||||
21 | adult adopted or surrendered person or the adoptive parent of | ||||||
22 | a minor and if the petitioner has signed a written | ||||||
23 | authorization to disclose personal medical information, an | ||||||
24 | adoption agency disclosing information to a confidential | ||||||
25 | intermediary shall disclose available medical information | ||||||
26 | about the adopted or surrendered person from birth through |
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1 | adoption. | ||||||
2 | (h) Missing or lost original birth certificate or birth | ||||||
3 | certificate issued under Section 13 of the Vital Records Act ; | ||||||
4 | remedy. Disclosure of information by the confidential | ||||||
5 | intermediary shall be consistent with the public policy and | ||||||
6 | intent of laws granting original birth certificate access as | ||||||
7 | expressed in Section 18.04 of this Act. The confidential | ||||||
8 | intermediary shall comply with the following procedures in | ||||||
9 | disclosing information to the petitioners: | ||||||
10 | (1) If the petitioner is an adult adopted or | ||||||
11 | surrendered person, or the adult child, adult grandchild, | ||||||
12 | or surviving spouse of a deceased adopted or surrendered | ||||||
13 | person, the confidential intermediary shall disclose: | ||||||
14 | (A) identifying information about the birth parent | ||||||
15 | of the adopted person which, in the ordinary course of | ||||||
16 | business, would have been reflected on the original | ||||||
17 | filed certificate of birth, as of the date of birth, | ||||||
18 | only if: | ||||||
19 | (i) the adopted person was born before January | ||||||
20 | 1, 1946 and the petitioner has requested a | ||||||
21 | non-certified copy of the adopted person's | ||||||
22 | original birth certificate under Section 18.1 of | ||||||
23 | this Act, and the Illinois Department of Public | ||||||
24 | Health has issued a certification that the | ||||||
25 | original birth certificate was not found, or the | ||||||
26 | petitioner has presented the confidential |
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1 | intermediary with the non-certified copy of the | ||||||
2 | original birth certificate which omits the name of | ||||||
3 | the birth parent; | ||||||
4 | (ii) the adopted person was born after January | ||||||
5 | 1, 1946, and the petitioner has requested a | ||||||
6 | non-certified copy of the adopted person's | ||||||
7 | original birth certificate under Section 18.1 of | ||||||
8 | this Act and the Illinois Department of Public | ||||||
9 | Health has issued a certification that the | ||||||
10 | original birth certificate was not found. | ||||||
11 | In providing information pursuant to this | ||||||
12 | subdivision (h)(1)(A), the confidential intermediary | ||||||
13 | shall expressly inform the petitioner in writing that | ||||||
14 | since the identifying information is not from an | ||||||
15 | official original certificate of birth filed pursuant | ||||||
16 | to the Vital Records Act, the confidential | ||||||
17 | intermediary cannot attest to the complete accuracy of | ||||||
18 | the information and the confidential intermediary | ||||||
19 | shall not be liable if the information disclosed is | ||||||
20 | not accurate. Only information from the court files | ||||||
21 | shall be provided to the petitioner in this Section. | ||||||
22 | If the identifying information concerning a birth | ||||||
23 | father is sought by the petitioner, the confidential | ||||||
24 | intermediary shall disclose only the identifying | ||||||
25 | information of the birth father as defined in Section | ||||||
26 | 18.06 of this Act; |
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1 | (B) the name of the child welfare agency which had | ||||||
2 | legal custody of the surrendered person or | ||||||
3 | responsibility for placing the surrendered person and | ||||||
4 | any available contact information for such agency; | ||||||
5 | (C) the name of the state in which the surrender | ||||||
6 | occurred or in which the adoption was finalized; and | ||||||
7 | (D) any information for which the sought-after | ||||||
8 | relative has provided his or her consent to disclose | ||||||
9 | under paragraphs (1) through (4) of subsection (i) of | ||||||
10 | this Section. | ||||||
11 | (2) If the petitioner is an adult adopted or | ||||||
12 | surrendered person, or the adoptive parent of an adult | ||||||
13 | adopted or surrendered person under the age of 21, or the | ||||||
14 | adoptive parent of a deceased adopted or surrendered | ||||||
15 | person, the confidential intermediary shall provide, in | ||||||
16 | addition to the information listed in paragraph (1) of | ||||||
17 | this subsection (h): | ||||||
18 | (A) any information which the adoption agency | ||||||
19 | provides pursuant to subsection (i) of this Section | ||||||
20 | pertaining to medical information about the adopted or | ||||||
21 | surrendered person; and | ||||||
22 | (B) any non-identifying information, as defined in | ||||||
23 | Section 18.4 of this Act, that is obtained during the | ||||||
24 | search. | ||||||
25 | (3) If the petitioner is not defined in paragraph (1) | ||||||
26 | or (2) of this subsection, the confidential intermediary |
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1 | shall provide to the petitioner: | ||||||
2 | (A) any information for which the sought-after | ||||||
3 | relative has provided his or her consent under | ||||||
4 | paragraphs (1) through (4) of subsection (i) of this | ||||||
5 | Section; | ||||||
6 | (B) the name of the child welfare agency which had | ||||||
7 | legal custody of the surrendered person or | ||||||
8 | responsibility for placing the surrendered person and | ||||||
9 | any available contact information for such agency; and | ||||||
10 | (C) the name of the state in which the surrender | ||||||
11 | occurred or in which the adoption was finalized. | ||||||
12 | (h-5) Disclosure of information shall be made by the | ||||||
13 | confidential intermediary at any time from the appointment of | ||||||
14 | the confidential intermediary and the court's issuance of an | ||||||
15 | order of dismissal. | ||||||
16 | (i) Duties of confidential intermediary in conducting a | ||||||
17 | search. In conducting a search under this Section, the | ||||||
18 | confidential intermediary shall first determine whether there | ||||||
19 | is a Denial of Information Exchange or a Birth Parent | ||||||
20 | Preference Form with Option E selected or an 18.3 statement | ||||||
21 | referenced in subsection (g) of this Section on file with the | ||||||
22 | Illinois Adoption Registry. If there is a denial, the Birth | ||||||
23 | Parent Preference Form on file with the Registry and the birth | ||||||
24 | parent who completed the form selected Option E, or if there is | ||||||
25 | an 18.3 statement indicating the birth parent's intent not to | ||||||
26 | have identifying information shared and the birth parent did |
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1 | not later file an Information Exchange Authorization with the | ||||||
2 | Registry, the confidential intermediary must discontinue the | ||||||
3 | search unless 5 years or more have elapsed since the execution | ||||||
4 | of the Denial of Information Exchange, Birth Parent Preference | ||||||
5 | Form, or the 18.3 statement. If a birth parent was previously | ||||||
6 | the subject of a search through the State confidential | ||||||
7 | intermediary program, the confidential intermediary shall | ||||||
8 | inform the petitioner of the need to discontinue the search | ||||||
9 | until 10 years or more have elapsed since the initial search | ||||||
10 | was closed. In cases where a birth parent has been the object | ||||||
11 | of 2 searches through the State confidential intermediary | ||||||
12 | program, no subsequent search for the birth parent shall be | ||||||
13 | authorized absent a court order to the contrary. | ||||||
14 | In conducting a search under this Section, the | ||||||
15 | confidential intermediary shall attempt to locate the relative | ||||||
16 | or relatives from whom the petitioner has requested | ||||||
17 | information. If the sought-after relative is deceased or | ||||||
18 | cannot be located after a diligent search, the confidential | ||||||
19 | intermediary may contact other adult relatives of the | ||||||
20 | sought-after relative. | ||||||
21 | The confidential intermediary shall contact a sought-after | ||||||
22 | relative on behalf of the petitioner in a manner that respects | ||||||
23 | the sought-after relative's privacy and shall inform the | ||||||
24 | sought-after relative of the petitioner's request for medical | ||||||
25 | information, identifying information or contact as stated in | ||||||
26 | the petition. Based upon the terms of the petitioner's |
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1 | request, the confidential intermediary shall contact a | ||||||
2 | sought-after relative on behalf of the petitioner and inform | ||||||
3 | the sought-after relative of the following options: | ||||||
4 | (1) The sought-after relative may totally reject one | ||||||
5 | or all of the requests for medical information, | ||||||
6 | identifying information or contact. The sought-after | ||||||
7 | relative shall be informed that they can provide a medical | ||||||
8 | questionnaire to be forwarded to the petitioner without | ||||||
9 | releasing any identifying information. The confidential | ||||||
10 | intermediary shall inform the petitioner of the | ||||||
11 | sought-after relative's decision to reject the sharing of | ||||||
12 | information or contact. | ||||||
13 | (2) The sought-after relative may consent to | ||||||
14 | completing a medical questionnaire only. In this case, the | ||||||
15 | confidential intermediary shall provide the questionnaire | ||||||
16 | and ask the sought-after relative to complete it. The | ||||||
17 | confidential intermediary shall forward the completed | ||||||
18 | questionnaire to the petitioner and inform the petitioner | ||||||
19 | of the sought-after relative's desire to not provide any | ||||||
20 | additional information. | ||||||
21 | (3) The sought-after relative may communicate with the | ||||||
22 | petitioner without having his or her identity disclosed. | ||||||
23 | In this case, the confidential intermediary shall arrange | ||||||
24 | the desired communication in a manner that protects the | ||||||
25 | identity of the sought-after relative. The confidential | ||||||
26 | intermediary shall inform the petitioner of the |
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1 | sought-after relative's decision to communicate but not | ||||||
2 | disclose his or her identity. | ||||||
3 | (4) The sought-after relative may consent to initiate | ||||||
4 | contact with the petitioner. The confidential intermediary | ||||||
5 | shall obtain written consents from both parties that they | ||||||
6 | wish to disclose their identities to each other and to | ||||||
7 | have contact with each other. | ||||||
8 | (j) Oath. The confidential intermediary shall sign an oath | ||||||
9 | of confidentiality substantially as follows: "I, .........., | ||||||
10 | being duly sworn, on oath depose and say: As a condition of | ||||||
11 | appointment as a confidential intermediary, I affirm that: | ||||||
12 | (1) I will not disclose to the petitioner, directly or | ||||||
13 | indirectly, any confidential information except in a | ||||||
14 | manner consistent with the law. | ||||||
15 | (2) I recognize that violation of this oath subjects | ||||||
16 | me to civil liability and to a potential finding of | ||||||
17 | contempt of court. ................................ | ||||||
18 | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert | ||||||
19 | date) | ||||||
20 | ................................." | ||||||
21 | (k) Sanctions. | ||||||
22 | (1) Any confidential intermediary who improperly | ||||||
23 | discloses confidential information identifying a | ||||||
24 | sought-after relative shall be liable to the sought-after | ||||||
25 | relative for damages and may also be found in contempt of | ||||||
26 | court. |
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1 | (2) Any person who learns a sought-after relative's | ||||||
2 | identity, directly or indirectly, through the use of | ||||||
3 | procedures provided in this Section and who improperly | ||||||
4 | discloses information identifying the sought-after | ||||||
5 | relative shall be liable to the sought-after relative for | ||||||
6 | actual damages plus minimum punitive damages of $10,000. | ||||||
7 | (3) The Department shall fine any confidential | ||||||
8 | intermediary who improperly discloses confidential | ||||||
9 | information in violation of item (1) or (2) of this | ||||||
10 | subsection (k) an amount up to $2,000 per improper | ||||||
11 | disclosure. This fine does not affect civil liability | ||||||
12 | under item (2) of this subsection (k). The Department | ||||||
13 | shall deposit all fines and penalties collected under this | ||||||
14 | Section into the Illinois Adoption Registry and Medical | ||||||
15 | Information Fund. | ||||||
16 | (l) Death of person being sought. Notwithstanding any | ||||||
17 | other provision of this Act, if the confidential intermediary | ||||||
18 | discovers that the person being sought has died, he or she | ||||||
19 | shall report this fact to the court, along with a copy of the | ||||||
20 | death certificate. If the sought-after relative is a birth | ||||||
21 | parent, the confidential intermediary shall also forward a | ||||||
22 | copy of the birth parent's death certificate, if available, to | ||||||
23 | the Registry for inclusion in the Registry file. | ||||||
24 | (m) Any confidential information obtained by the | ||||||
25 | confidential intermediary during the course of his or her | ||||||
26 | search shall be kept strictly confidential and shall be used |
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1 | for the purpose of arranging contact between the petitioner | ||||||
2 | and the sought-after birth relative. At the time the case is | ||||||
3 | closed, all identifying information shall be returned to the | ||||||
4 | court for inclusion in the impounded adoption file. | ||||||
5 | (n) (Blank). | ||||||
6 | (o) Except as provided in subsection (k) of this Section, | ||||||
7 | no liability shall accrue to the State, any State agency, any | ||||||
8 | judge, any officer or employee of the court, any certified | ||||||
9 | confidential intermediary, or any agency designated to oversee | ||||||
10 | confidential intermediary services for acts, omissions, or | ||||||
11 | efforts made in good faith within the scope of this Section. | ||||||
12 | (p) An adoption agency that has received a request from a | ||||||
13 | confidential intermediary for the full name, date of birth, | ||||||
14 | last known address, or last known telephone number of a | ||||||
15 | sought-after relative pursuant to subsection (g) of Section | ||||||
16 | 18.3a, or for medical information regarding a sought-after | ||||||
17 | relative pursuant to subsection (h) of Section 18.3a, must | ||||||
18 | satisfactorily comply with this court order within a period of | ||||||
19 | 45 days. The court shall order the adoption agency to | ||||||
20 | reimburse the petitioner in an amount equal to all payments | ||||||
21 | made by the petitioner to the confidential intermediary, and | ||||||
22 | the adoption agency shall be subject to a civil monetary | ||||||
23 | penalty of $1,000 to be paid to the Department of Children and | ||||||
24 | Family Services. Following the issuance of a court order | ||||||
25 | finding that the adoption agency has not complied with Section | ||||||
26 | 18.3, the adoption agency shall be subject to a monetary |
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