Bill Text: IL HB5501 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Adoption Act. Provides that a certified copy of an adoption order shall be issued by the court upon written request and without show of cause to an adopted person over the age of 21, provided that the request is accompanied by a non-certified copy of the adopted person's original birth certificate issued by the Department of Public Health or a letter from the Department of Public Health confirming that no copy of the original birth certificate was located in Illinois.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5501 Detail]
Download: Illinois-2011-HB5501-Amended.html
Bill Title: Amends the Adoption Act. Provides that a certified copy of an adoption order shall be issued by the court upon written request and without show of cause to an adopted person over the age of 21, provided that the request is accompanied by a non-certified copy of the adopted person's original birth certificate issued by the Department of Public Health or a letter from the Department of Public Health confirming that no copy of the original birth certificate was located in Illinois.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5501 Detail]
Download: Illinois-2011-HB5501-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5501
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2 | AMENDMENT NO. ______. Amend House Bill 5501 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Adoption Act is amended by changing Section | ||||||
5 | 18 as follows:
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6 | (750 ILCS 50/18) (from Ch. 40, par. 1522)
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7 | Sec. 18. Records confidential.
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8 | (a) The word "illegitimate", the words "born out of
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9 | wedlock", and words of similar import shall not be used in any | ||||||
10 | adoption
proceeding in any respect.
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11 | (b) The court call of adoption proceedings shall not | ||||||
12 | identify any of
the parties by name. The parties may be | ||||||
13 | identified by initials or
pseudonyms. The case shall be | ||||||
14 | identified by its general number. The names
of the lawyers | ||||||
15 | representing the parties may appear on the court call, and
the | ||||||
16 | type of application that is being made to the court may also be |
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1 | identified.
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2 | (c) All adoption records maintained by each circuit clerk | ||||||
3 | shall be
impounded in accordance with the procedures provided | ||||||
4 | by the Illinois
Supreme Court's General Administrative Order on | ||||||
5 | Recordkeeping and shall be
opened for examination only upon | ||||||
6 | specific order of the court, which order
shall name the person | ||||||
7 | or persons who are to be permitted to examine the
file. | ||||||
8 | Certified copies of all papers and documents contained in
any | ||||||
9 | file so impounded shall be made only on like order.
The | ||||||
10 | guardian ad litem for a minor sought to be adopted shall have | ||||||
11 | the
right to inspect the court file without leave of court | ||||||
12 | during the pendency
of the proceeding. The attorney of record | ||||||
13 | for the petitioners and other
parties may inspect the file only | ||||||
14 | with leave of court. The petitioners to
the adoption, the | ||||||
15 | attorney of record for the petitioners, and the guardian
ad | ||||||
16 | litem of the person who is the subject of the proceeding shall | ||||||
17 | be
entitled to receive certified copies of the order of | ||||||
18 | adoption in the
proceeding at any time within 30 days after the | ||||||
19 | entry of the judgment of
adoption without order of court. After | ||||||
20 | 30 days from the entry of the
judgment of adoption, no copies | ||||||
21 | may be obtained without prior order of
court, but good cause is | ||||||
22 | not necessary to be shown : | ||||||
23 | (1) by one of the
petitioners to the adoption ; .
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24 | (2) by the adopted person over the age of 21 who was | ||||||
25 | the subject of the petition to the adoption, provided that | ||||||
26 | the adopted person submits to the court a non-certified |
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1 | copy of the adopted person's original birth certificate | ||||||
2 | issued by the Department of Public Health pursuant to | ||||||
3 | paragraphs (1) and (2) of subsection (e) of Section 18.1b | ||||||
4 | of this Act with no identifying information redacted | ||||||
5 | pursuant to subparagraphs (i) or (ii) of paragraph (2) of | ||||||
6 | subsection (e) of Section 18.1b of this Act as reflected on | ||||||
7 | the non-certified copy of the original birth certificate; | ||||||
8 | or | ||||||
9 | (3) by the adopted person who was the subject of the | ||||||
10 | adoption petition if the adopted person was born before | ||||||
11 | January 1, 1946, and submits to the court a letter from the | ||||||
12 | Department of Public Health confirming that no copy of the | ||||||
13 | adopted person's original birth certificate was located in | ||||||
14 | Illinois under paragraph (2) of subsection (e) of Section | ||||||
15 | 18.1b. | ||||||
16 | The court shall require proof of the authenticity of the | ||||||
17 | documents submitted pursuant to court rule and applicable rules | ||||||
18 | of civil procedure. | ||||||
19 | (d) If an appeal is taken from an adoption proceeding, the | ||||||
20 | papers filed
in the court of review and the opinion of the | ||||||
21 | reviewing court shall not
identify the true names of the | ||||||
22 | parties; instead, initials or pseudonyms
shall be used to | ||||||
23 | identify the parties.
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24 | (Source: P.A. 86-493; 87-620.)".
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