Public Act 100-0360

HB1785 Enrolled LRB100 08383 MJP 18492 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Vital Records Act is amended by changing

Sections 1 and 17 as follows:

(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)

Sec. 1. As used in this Act, unless the context otherwise

requires:

(1) "Vital records" means records of births, deaths, fetal

deaths, marriages, dissolution of marriages, and data related

thereto.

(2) "System of vital records" includes the registration,

collection, preservation, amendment, and certification of

vital records, and activities related thereto.

(3) "Filing" means the presentation of a certificate,

report, or other record provided for in this Act, of a birth,

death, fetal death, adoption, marriage, or dissolution of

marriage, for registration by the Office of Vital Records.

(4) "Registration" means the acceptance by the Office of

Vital Records and the incorporation in its official records of

certificates, reports, or other records provided for in this

Act, of births, deaths, fetal deaths, adoptions, marriages, or

dissolution of marriages.

(5) "Live birth" means the complete expulsion or extraction

from its mother of a product of human conception, irrespective

of the duration of pregnancy, which after such separation

breathes or shows any other evidence of life such as beating of

the heart, pulsation of the umbilical cord, or definite

movement of voluntary muscles, whether or not the umbilical

cord has been cut or the placenta is attached.

(6) "Fetal death" means death prior to the complete

expulsion or extraction from its mother of a product of human

conception, irrespective of the duration of pregnancy; the

death is indicated by the fact that after such separation the

fetus does not breathe or show any other evidence of life such

as beating of the heart, pulsation of the umbilical cord, or

definite movement of voluntary muscles.

(7) "Dead body" means a lifeless human body or parts of

such body or bones thereof from the state of which it may

reasonably be concluded that death has occurred.

(8) "Final disposition" means the burial, cremation, or

other disposition of a dead human body or fetus or parts

thereof.

(9) "Physician" means a person licensed to practice

medicine in Illinois or any other State.

(10) "Institution" means any establishment, public or

private, which provides in-patient medical, surgical, or

diagnostic care or treatment, or nursing, custodial, or

domiciliary care to 2 or more unrelated individuals, or to

which persons are committed by law.

(11) "Department" means the Department of Public Health of

the State of Illinois.

(12) "Director" means the Director of the Illinois

Department of Public Health.

(13) "Licensed health care professional" means a person

licensed to practice as a physician, advanced practice nurse,

or physician assistant in Illinois or any other state.

(14) "Licensed mental health professional" means a person

who is licensed or registered to provide mental health services

by the Department of Financial and Professional Regulation or a

board of registration duly authorized to register or grant

licenses to persons engaged in the practice of providing mental

health services in Illinois or any other state.

(15) "Intersex condition" means a condition in which a

person is born with a reproductive or sexual anatomy or

chromosome pattern that does not fit typical definitions of

male or female.

(Source: P.A. 81-230.)

(410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)

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:

(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.

(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

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.

(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

Illinois Department of Public Aid), or a court or

administrative agency of any other state has established

the paternity of such a person by judicial or

administrative processes or by voluntary acknowledgment,

which is accompanied by the social security numbers of all

persons determined and presumed to be the parents.

(d) A declaration An affidavit by a licensed health

care professional or licensed mental health professional

who has treated or evaluated a person stating physician

that the he has performed an operation on a person has

undergone treatment that is clinically appropriate for

that individual for the purpose of gender transition, based

on contemporary medical standards, or that the individual

has an intersex condition, and that by reason of the

operation the sex designation on such person's birth record

should therefore be changed. The information in the

declaration shall be proved by the licensed health care

professional or licensed mental health professional

signing and dating it in substantially the following form:

"I declare (or certify, verify, or state) under penalty of

perjury that the foregoing is true and correct. Executed on

(date).". The new certificate of birth shall reflect any

legal name change, so long as the appropriate documentation

of the name change is submitted. The State Registrar of

Vital Records may make any investigation or require any

further information he deems necessary.

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.

(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

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:

(a) Thereafter, the original certificate and the

evidence of adoption, paternity, legitimation, or sex

change of sex designation shall not be subject to

inspection or certification except upon order of the

circuit court, request of the person, 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.

(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.

(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.

(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.

(5) Nothing in this Section shall be construed to prohibit

the amendment of a birth certificate in accordance with

subsection (6) of Section 22.

(Source: P.A. 97-110, eff. 7-14-11.)