Bill Text: IL HB5949 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Adoption Act. Defines "adult grandchild" as the biological grandchild 21 years of age or over of a deceased adopted or surrendered person. Replaces references to the Adoption Advisory Council with references to the Adoption Registry-Confidential Intermediary Advisory Council. Makes changes in Sections concerning the Illinois Adoption Registry and Medical Information Exchange; the Adoption Registry-Confidential Intermediary Advisory Council; disclosure of identifying information; registry matches; the Illinois Adoption Registry Application; and forms. In the Section concerning confidential intermediaries, makes changes in subsections concerning: general purposes; eligibility of petitioner; the petition; confidential intermediary access to information; remedies in the event of a missing or lost original birth certificate; and duties of the confidential intermediary in conducting a search.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-07-10 - Public Act . . . . . . . . . 98-0704 [HB5949 Detail]
Download: Illinois-2013-HB5949-Introduced.html
Bill Title: Amends the Adoption Act. Defines "adult grandchild" as the biological grandchild 21 years of age or over of a deceased adopted or surrendered person. Replaces references to the Adoption Advisory Council with references to the Adoption Registry-Confidential Intermediary Advisory Council. Makes changes in Sections concerning the Illinois Adoption Registry and Medical Information Exchange; the Adoption Registry-Confidential Intermediary Advisory Council; disclosure of identifying information; registry matches; the Illinois Adoption Registry Application; and forms. In the Section concerning confidential intermediaries, makes changes in subsections concerning: general purposes; eligibility of petitioner; the petition; confidential intermediary access to information; remedies in the event of a missing or lost original birth certificate; and duties of the confidential intermediary in conducting a search.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-07-10 - Public Act . . . . . . . . . 98-0704 [HB5949 Detail]
Download: Illinois-2013-HB5949-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Adoption Act is amended by changing Sections | ||||||||||||||||||||||||||||||||||||||
5 | 18.05, 18.06, 18.08, 18.1, 18.1a, 18.1b, 18.2, and 18.3a as | ||||||||||||||||||||||||||||||||||||||
6 | follows:
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7 | (750 ILCS 50/18.05)
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8 | Sec. 18.05. The Illinois Adoption Registry and Medical | ||||||||||||||||||||||||||||||||||||||
9 | Information
Exchange. | ||||||||||||||||||||||||||||||||||||||
10 | (a) General function. Subject to appropriation, the | ||||||||||||||||||||||||||||||||||||||
11 | Department of Public
Health shall administer the Illinois | ||||||||||||||||||||||||||||||||||||||
12 | Adoption Registry and
Medical Information Exchange in the | ||||||||||||||||||||||||||||||||||||||
13 | manner outlined in subsections
(b) and (c) for the purpose of | ||||||||||||||||||||||||||||||||||||||
14 | facilitating the voluntary exchange of identifying and
medical | ||||||||||||||||||||||||||||||||||||||
15 | information between mutually consenting members of birth and | ||||||||||||||||||||||||||||||||||||||
16 | adoptive families.
The Department shall establish rules for the | ||||||||||||||||||||||||||||||||||||||
17 | confidential operation of the
Illinois Adoption
Registry. For | ||||||||||||||||||||||||||||||||||||||
18 | The Department shall appoint an OBC-Access Public Information | ||||||||||||||||||||||||||||||||||||||
19 | Campaign Oversight Committee comprised of, but not limited to, | ||||||||||||||||||||||||||||||||||||||
20 | representatives of the Department of Public Health and the | ||||||||||||||||||||||||||||||||||||||
21 | Department of Children and Family Services, as well as | ||||||||||||||||||||||||||||||||||||||
22 | representatives of the organizations that serve, as of the | ||||||||||||||||||||||||||||||||||||||
23 | effective date of this amendatory Act of the 96th General |
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1 | Assembly, on the Illinois Adoption Registry Advisory Council or | ||||||
2 | the Confidential Intermediary Advisory Council. On and after | ||||||
3 | the effective date of this amendatory Act of the 96th General | ||||||
4 | Assembly, the OBC-Access Public Information Campaign Oversight | ||||||
5 | Committee shall develop and ensure the timely implementation of | ||||||
6 | a year-long, nationwide campaign to be conducted from November | ||||||
7 | 1, 2010, through October 31, 2011, for the express purpose of | ||||||
8 | informing the public in earnest about the conditions under | ||||||
9 | which an adult adopted or surrendered person may receive a | ||||||
10 | non-certified copy of his or her original birth certificate, | ||||||
11 | and the procedures pursuant to which a birth parent may file a | ||||||
12 | Birth Parent Preference Form to express his or her wishes with | ||||||
13 | respect to contact with a surrendered son or daughter and the | ||||||
14 | release of identifying information that appears on the original | ||||||
15 | birth certificate provide notices enclosed with driver's | ||||||
16 | license renewal applications issued by the Secretary of State's | ||||||
17 | office through November 30, 2020 . This year-long informational | ||||||
18 | campaign shall include, but not be limited to: | ||||||
19 | (1) Public service announcements to be distributed to | ||||||
20 | local and national radio and television stations. | ||||||
21 | (2) Notices to be distributed throughout Illinois to | ||||||
22 | physicians' offices, religious institutions, social | ||||||
23 | welfare organizations, retirement homes, and other | ||||||
24 | entities capable of reaching individuals who may be | ||||||
25 | impacted by this change in the law. | ||||||
26 | (3) An informational website exclusively devoted to |
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1 | providing the general public with information about the new | ||||||
2 | law as well as other forms of free electronic media. | ||||||
3 | (4) Press releases to be distributed to local and | ||||||
4 | national radio and television stations, as well as to | ||||||
5 | relevant websites. | ||||||
6 | (5) Announcements about the new law to be posted on the | ||||||
7 | websites of all adoption agencies licensed in the State. | ||||||
8 | (6) Notices accompanying every vehicle registration | ||||||
9 | renewal application issued by the Secretary of State's | ||||||
10 | office between October 31, 2010, and November 1, 2011. | ||||||
11 | (7) Notices enclosed with driver's license renewal | ||||||
12 | applications issued by the Secretary of State's office | ||||||
13 | beginning 30 days after the effective date of this | ||||||
14 | amendatory Act of the 96th General Assembly and through | ||||||
15 | November 30, 2014. | ||||||
16 | The Illinois
Adoption
Registry shall also
maintain an | ||||||
17 | informational Internet site where interested parties may | ||||||
18 | access
information about the Illinois Adoption Registry and | ||||||
19 | Medical Information
Exchange and download all necessary | ||||||
20 | application forms. The Illinois Adoption
Registry
shall | ||||||
21 | maintain statistical records regarding Registry participation | ||||||
22 | and publish
and circulate to the public
informational material
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23 | about the function and operation of the Registry.
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24 | (b) Establishment of the Adoption/Surrender Records File. | ||||||
25 | When a person has
voluntarily registered with
the Illinois | ||||||
26 | Adoption Registry and completed an Illinois Adoption Registry
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1 | Application or a Registration Identification Form, the | ||||||
2 | Registry shall establish
a
new Adoption/Surrender Records | ||||||
3 | File. Such file may concern
an adoption that was finalized by a | ||||||
4 | court action in the State of Illinois, an
adoption of a person | ||||||
5 | born in Illinois finalized
by a court action in a state other | ||||||
6 | than Illinois or in a foreign country, a
surrender taken in the | ||||||
7 | State of Illinois, or an adoption filed according to Section | ||||||
8 | 16.1 of the Vital Records Act under a Record of Foreign Birth | ||||||
9 | that was not finalized by a court action in the State of | ||||||
10 | Illinois. Such file may be established for
adoptions or | ||||||
11 | surrenders finalized prior to as well as after the effective | ||||||
12 | date
of this amendatory Act. A file may be created in
any | ||||||
13 | manner to preserve documents including but not limited to | ||||||
14 | microfilm,
optical imaging, or electronic documents.
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15 | (c) Contents of the Adoption/Surrender Records File. An | ||||||
16 | established
Adoption/Surrender
Records File shall be limited | ||||||
17 | to the following items, to the extent that they
are
available:
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18 | (1) The General Information Section and Medical | ||||||
19 | Information Exchange
Questionnaire of any Illinois | ||||||
20 | Adoption Registry Application or a Registration
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21 | Identification
Form which
has been voluntarily completed | ||||||
22 | by any registered party.
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23 | (2) Any photographs
voluntarily provided
by any | ||||||
24 | registrant for any other registered party at the
time of | ||||||
25 | registration or any time thereafter.
All such photographs | ||||||
26 | shall be submitted in an unsealed
envelope no larger than 8 |
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1 | 1/2" x 11", and shall not include identifying
information | ||||||
2 | pertaining to any person other than the registrant
who | ||||||
3 | submitted them.
Any such identifying information shall be | ||||||
4 | redacted by the Department or the
information shall be | ||||||
5 | returned for removal of identifying information.
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6 | (3) Any Information Exchange Authorization, Denial of | ||||||
7 | Information
Exchange, or Birth Parent Preference Form
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8 | which has been filed by a registrant.
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9 | (4) For all adoptions finalized after January 1, 2000, | ||||||
10 | copies of the
original certificate of live birth and the | ||||||
11 | certificate
of adoption.
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12 | (5) Any updated address submitted by any registered | ||||||
13 | party about himself or
herself.
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14 | (6) Any proof of death that has been submitted by a | ||||||
15 | registrant.
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16 | (7) Any birth certificate that has been submitted by a | ||||||
17 | registrant.
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18 | (8) Any marriage certificate that has been submitted by | ||||||
19 | a registrant.
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20 | (9) Any proof of guardianship that has been submitted | ||||||
21 | by a registrant.
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22 | (10) Any Request for a Non-Certified Copy of an | ||||||
23 | Original Birth Certificate that has been filed with the | ||||||
24 | Registry by an adult adopted or surrendered person or by a | ||||||
25 | surviving adult child or surviving spouse of a deceased | ||||||
26 | adopted or surrendered person who has registered with the |
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1 | Registry. | ||||||
2 | (d) An established Adoption/Surrender Records File for an | ||||||
3 | adoption filed in Illinois under a Record of Foreign Birth that | ||||||
4 | was not finalized in a court action in the State of Illinois | ||||||
5 | shall be limited to the following items submitted to the State | ||||||
6 | Registrar of Vital Records under Section 16.1 of the Vital | ||||||
7 | Records Act, to the extent that they are available: | ||||||
8 | (1) Evidence as to the child's birth date and | ||||||
9 | birthplace (including the country of birth and, if | ||||||
10 | available, the city and province of birth) provided by the | ||||||
11 | original birth certificate, or by a certified copy, | ||||||
12 | extract, or translation thereof or by other document | ||||||
13 | essentially equivalent thereto (the records of the U.S. | ||||||
14 | Citizenship and Immigration Services or of the U.S. | ||||||
15 | Department of State to be considered essentially | ||||||
16 | equivalent thereto). | ||||||
17 | (2) A certified copy, extract, or translation of the | ||||||
18 | adoption decree or other document essentially equivalent | ||||||
19 | thereto (the records of the U.S. Citizenship and | ||||||
20 | Immigration Services or of the U.S. Department of State to | ||||||
21 | be considered essentially equivalent thereto). | ||||||
22 | (3) A copy of the IR-3 or IH-3 visa. | ||||||
23 | (4) The name and address of the adoption agency that | ||||||
24 | handled the adoption.
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25 | (Source: P.A. 96-895, eff. 5-21-10; 97-445, eff. 8-19-11.)
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1 | (750 ILCS 50/18.06)
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2 | Sec. 18.06. Definitions. When used in Sections
18.05 | ||||||
3 | through Section 18.6, for the purposes of the Registry:
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4 | "Adopted person" means a person who was adopted
pursuant to | ||||||
5 | the laws in effect at the time of the adoption.
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6 | "Adoptive parent" means a person who has become a parent | ||||||
7 | through the legal
process of adoption.
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8 | "Adult child" means the biological child 21 years of age or | ||||||
9 | over of a deceased adopted or surrendered person.
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10 | "Adult grandchild" means the biological grandchild 21 | ||||||
11 | years of age or over of a deceased adopted or surrendered | ||||||
12 | person. | ||||||
13 | "Adult Adopted or Surrendered Person" means an adopted or | ||||||
14 | surrendered person 21 years of age or over. | ||||||
15 | "Agency" means a public child welfare agency or a licensed | ||||||
16 | child welfare
agency.
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17 | "Birth aunt" means the adult full or half sister of a | ||||||
18 | deceased birth parent.
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19 | "Birth father" means the biological father of an adopted or | ||||||
20 | surrendered
person who is named on the original certificate of | ||||||
21 | live birth or on a consent
or surrender document, or a | ||||||
22 | biological father whose paternity has been
established by a | ||||||
23 | judgment or order of the court, pursuant to the Illinois
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24 | Parentage Act of 1984.
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25 | "Birth mother" means the biological mother of an adopted or | ||||||
26 | surrendered
person.
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1 | "Birth parent" means a birth mother or birth father of an | ||||||
2 | adopted or
surrendered person.
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3 | "Birth Parent Preference Form" means the form prepared by | ||||||
4 | the Department of Public Health pursuant to Section 18.2 | ||||||
5 | completed by a birth parent registrant and filed with the | ||||||
6 | Registry that indicates the birth parent's preferences | ||||||
7 | regarding contact and, if applicable, the release of his or her | ||||||
8 | identifying information on the non-certified copy of the | ||||||
9 | original birth certificate released to an adult adopted or | ||||||
10 | surrendered person or to the surviving adult child or surviving | ||||||
11 | spouse of a deceased adopted or surrendered person who has | ||||||
12 | filed a Request for a Non-Certified Copy of an Original Birth | ||||||
13 | Certificate. | ||||||
14 | "Birth relative" means a birth mother, birth father, birth | ||||||
15 | sibling, birth aunt, or birth uncle.
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16 | "Birth sibling" means the adult full or half sibling
of an | ||||||
17 | adopted or
surrendered person.
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18 | "Birth uncle" means the adult full or half brother of a | ||||||
19 | deceased birth parent.
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20 | "Confidential intermediary" means an individual certified | ||||||
21 | by the Department of Children and Family Services pursuant to | ||||||
22 | Section 18.3a(e). | ||||||
23 | "Denial of Information Exchange" means an affidavit | ||||||
24 | completed by a
registrant with the Illinois Adoption Registry | ||||||
25 | and Medical Information Exchange
denying the release of | ||||||
26 | identifying information which has been filed with the Registry.
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1 | "Information Exchange Authorization" means
an affidavit | ||||||
2 | completed by a registrant with the Illinois Adoption Registry | ||||||
3 | and
Medical Information Exchange authorizing the release of | ||||||
4 | identifying
information which has been filed with the Registry.
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5 | "Medical Information Exchange Questionnaire" means the | ||||||
6 | medical
history
questionnaire completed by a registrant of the | ||||||
7 | Illinois Adoption Registry and
Medical Information Exchange.
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8 | "Non-certified Copy of the Original Birth Certificate" | ||||||
9 | means a non-certified copy of the original certificate of live | ||||||
10 | birth of an adult adopted or surrendered person who was born in | ||||||
11 | Illinois. | ||||||
12 | "Proof of death" means a death certificate.
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13 | "Registrant" or "Registered Party" means a birth parent, | ||||||
14 | birth sibling,
birth aunt, birth uncle, adopted or surrendered | ||||||
15 | person 21 years of age or over, adoptive parent or legal
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16 | guardian of an adopted or surrendered person under the age of | ||||||
17 | 21, or adoptive parent, surviving spouse, or adult child of a | ||||||
18 | deceased adopted or surrendered person who has filed
an | ||||||
19 | Illinois Adoption Registry Application or Registration | ||||||
20 | Identification Form
with the Registry.
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21 | "Registry" means the Illinois Adoption Registry and | ||||||
22 | Medical Information Exchange. | ||||||
23 | "Request for a Non-Certified Copy of an Original Birth | ||||||
24 | Certificate" means an affidavit completed by an adult adopted | ||||||
25 | or surrendered person or by the surviving adult child or | ||||||
26 | surviving spouse of a deceased adopted or surrendered person |
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1 | and filed with the Registry requesting a non-certified copy of | ||||||
2 | an adult adopted or surrendered person's original certificate | ||||||
3 | of live birth in Illinois. | ||||||
4 | "Surrendered person" means a person whose parents' rights | ||||||
5 | have been
surrendered or terminated but who has not been | ||||||
6 | adopted.
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7 | "Surviving spouse" means the wife or husband, 21 years of | ||||||
8 | age or older, of a deceased adopted or surrendered person who | ||||||
9 | would be 21 years of age or older if still alive and who has one | ||||||
10 | or more surviving biological children who are under the age of | ||||||
11 | 21.
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12 | "18.3 Statement" means a statement regarding the | ||||||
13 | disclosure of identifying information signed by a birth parent | ||||||
14 | under Section 18.3 of this Act as it existed immediately prior | ||||||
15 | to the effective date of this amendatory Act of the 96th | ||||||
16 | General Assembly. | ||||||
17 | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
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18 | (750 ILCS 50/18.08) | ||||||
19 | Sec. 18.08. Adoption Registry-Confidential Intermediary | ||||||
20 | Advisory Council. | ||||||
21 | (a) There shall be established under the Department of | ||||||
22 | Public Health and the Department of Children and Family | ||||||
23 | Services the Adoption Registry-Confidential Intermediary | ||||||
24 | Advisory Council. The Council shall include: | ||||||
25 | (1) the Director of the Department of Public Health, or |
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1 | his or her designee, who shall serve as the co-chairperson | ||||||
2 | of the Council; | ||||||
3 | (2) the Director of the Department of Children and | ||||||
4 | Family Services, or his or her designee, who shall serve as | ||||||
5 | the co-chairperson of the Council; | ||||||
6 | (3) an attorney representing the Attorney General's | ||||||
7 | Office appointed by the Attorney General; | ||||||
8 | (4) a currently certified confidential intermediary | ||||||
9 | appointed by the Director of the Department of Children and | ||||||
10 | Family Services; | ||||||
11 | (5) one representative from each of the following | ||||||
12 | organizations appointed by the Director of the Department | ||||||
13 | of Public Health: Adoption Advocates of America, Adoptive | ||||||
14 | Families Today, Catholic Conference of Illinois, Chicago | ||||||
15 | Area Families for Adoption, Chicago Bar Association, Child | ||||||
16 | Care Association of Illinois, Children Remembered, Inc., | ||||||
17 | Children's Home and Aid Society of Illinois, Child Welfare | ||||||
18 | Advisory Council, The Cradle, Healing Hearts, Illinois | ||||||
19 | Foster Parents Association, Illinois State Bar | ||||||
20 | Association, Illinois State Medical Society, Jewish | ||||||
21 | Children's Bureau, LDS Social Services, Lutheran Social | ||||||
22 | Services of Illinois, Maryville Academy, Midwest Adoption | ||||||
23 | Center, St. Mary's Services, Stars of David, and | ||||||
24 | Truthseekers in Adoption , and White Oak Foundation ; | ||||||
25 | (6) 5 additional members appointed by the Director of | ||||||
26 | the Department of Children and Family Services who shall, |
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1 | when making those appointments, consider advocates for | ||||||
2 | adopted persons, adoptive parents, or birth parents, | ||||||
3 | lawyers who represent clients in private adoptions, | ||||||
4 | lawyers specializing in privacy law, and representatives | ||||||
5 | of agencies involved in adoptions; | ||||||
6 | (7) an attorney from the Department of Children and | ||||||
7 | Family Services, who shall serve as an ex-officio, | ||||||
8 | non-voting advisor to the Council; and | ||||||
9 | (8) the person directly responsible for administering | ||||||
10 | the confidential intermediary program, who shall serve as | ||||||
11 | an ex-officio, non-voting advisor to the Council. | ||||||
12 | (b) If any one of the named organizations in item (5) of | ||||||
13 | subsection (a) notifies the Director of the Department of | ||||||
14 | Public Health or the Director of the Department of Children and | ||||||
15 | Family Services in writing that the organization does not wish | ||||||
16 | to participate on the Adoption Registry-Confidential | ||||||
17 | Intermediary Advisory Council or that the organization is no | ||||||
18 | longer functioning, the Directors may designate another | ||||||
19 | organization that represents the same constituency as the named | ||||||
20 | organization to replace the named organization on the Council. | ||||||
21 | (c) Council members shall receive no compensation for their | ||||||
22 | service. The Council shall meet no less often than once every 6 | ||||||
23 | months and shall meet as the Director of the Department of | ||||||
24 | Public Health or the Director of the Department of Children and | ||||||
25 | Family Services deems necessary. The Council shall have only an | ||||||
26 | advisory role to the Directors and may make recommendations to |
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1 | the pertinent Department regarding the development of rules, | ||||||
2 | procedures, and forms that will promote the efficient and | ||||||
3 | effective operation of (i) the Illinois Adoption Registry, (ii) | ||||||
4 | the Office of Vital Records as it pertains to the Registry and | ||||||
5 | to access to the non-certified copy of the original birth | ||||||
6 | certificate, and (iii) the Confidential Intermediary Program | ||||||
7 | in Illinois. The Council will also serve in an advisory | ||||||
8 | capacity regarding the effective delivery of adult | ||||||
9 | post-adoption services in Illinois, including: | ||||||
10 | (1) advising the Department of Public Health on the | ||||||
11 | development of rules, procedures, and forms utilized by the | ||||||
12 | Illinois Adoption Registry and Medical Information | ||||||
13 | Exchange; | ||||||
14 | (2) making recommendations regarding the procedures, | ||||||
15 | tools, and technology that will promote efficient and | ||||||
16 | effective operation of the Registry; | ||||||
17 | (3) assisting the Department of Public Health with the | ||||||
18 | development, publication, and circulation of an | ||||||
19 | informational pamphlet that describes the purpose, | ||||||
20 | function, and mechanics of the Illinois Adoption Registry | ||||||
21 | and Medical Information Exchange, including information | ||||||
22 | about who is eligible to register and how to register; | ||||||
23 | information about the questions and concerns that | ||||||
24 | registrants may develop when they register or when they | ||||||
25 | receive information from the Registry; and a list of | ||||||
26 | services, programs, groups, and informational websites |
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1 | that are available to assist registrants with their | ||||||
2 | questions and concerns; | ||||||
3 | (4) collecting, compiling, and reviewing statistical | ||||||
4 | data and empirical information concerning the procedures | ||||||
5 | in the Registry including, but not limited to, data | ||||||
6 | concerning the filing of Denials of Information Exchange, | ||||||
7 | Information Exchange Authorizations, Requests for a | ||||||
8 | Non-Certified Copy of an Original Birth Certificate, and | ||||||
9 | Birth Parent Preference Forms; | ||||||
10 | (5) making recommendations to the Director of the | ||||||
11 | Department of Children and Family Services regarding the | ||||||
12 | standards for certification for confidential | ||||||
13 | intermediaries; | ||||||
14 | (6) making recommendations to the Director of the | ||||||
15 | Department of Children and Family Services concerning | ||||||
16 | oversight methods used to verify that intermediaries are | ||||||
17 | complying with the appropriate laws; | ||||||
18 | (7) assisting the Department of Children and Family | ||||||
19 | Services with training for confidential intermediaries, | ||||||
20 | including training with respect to federal and State | ||||||
21 | privacy laws; | ||||||
22 | (8) reviewing the relationship between confidential | ||||||
23 | intermediaries and the court system and making | ||||||
24 | recommendations to the Director of the Department of | ||||||
25 | Children and Family Services concerning sample orders that | ||||||
26 | define the scope of the intermediaries' access to |
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1 | information; | ||||||
2 | (9) considering any recent violations of policy or | ||||||
3 | procedures by confidential intermediaries and remedial | ||||||
4 | steps, including decertification, which might be | ||||||
5 | recommended to the Director of the Department of Children | ||||||
6 | and Family Services so as to prevent future violations; and | ||||||
7 | (10) reviewing reports from the Department of Children | ||||||
8 | and Family Services submitted by July 1 and January 1 of | ||||||
9 | each year in order detailing the penalties assessed and | ||||||
10 | collected, the amounts of related deposits into the DCFS | ||||||
11 | Children's Services Fund, and any expenditures from such | ||||||
12 | deposits. | ||||||
13 | (d) Within 45 days after the effective date of this | ||||||
14 | amendatory Act of the 97th General Assembly, both the Adoption | ||||||
15 | Registry Advisory Council and the Confidential Intermediary | ||||||
16 | Council shall, notwithstanding any other provision of this Act, | ||||||
17 | turn over the Council's records to the Adoption | ||||||
18 | Registry-Confidential Intermediary Advisory Council and cease | ||||||
19 | to function.
| ||||||
20 | (Source: P.A. 97-1063, eff. 1-1-13.)
| ||||||
21 | (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
| ||||||
22 | Sec. 18.1. Disclosure of identifying information.
| ||||||
23 | (a) The Department of Public Health shall establish and | ||||||
24 | maintain a
Registry for the purpose of allowing mutually
| ||||||
25 | consenting members of birth and adoptive families to exchange |
| |||||||
| |||||||
1 | identifying and medical information. Identifying information | ||||||
2 | for
the purpose of this Act shall mean any one or more of the | ||||||
3 | following:
| ||||||
4 | (1) The name and last known address of the consenting | ||||||
5 | person or persons.
| ||||||
6 | (2) A copy of the Illinois Adoption Registry | ||||||
7 | Application of the
consenting person or persons.
| ||||||
8 | (3) A non-certified copy of the original birth | ||||||
9 | certificate of an adult adopted
or surrendered person.
| ||||||
10 | (b) Written authorization from all parties identified must | ||||||
11 | be received prior
to disclosure of any identifying information, | ||||||
12 | with the exception of non-certified copies of original birth | ||||||
13 | certificates released to adult adopted or surrendered persons | ||||||
14 | or to surviving adult children and surviving spouses of | ||||||
15 | deceased adopted or surrendered persons pursuant to the | ||||||
16 | procedures outlined in Section 18.1b(e).
| ||||||
17 | (c) At any time after a child is surrendered for adoption, | ||||||
18 | or at any
time during the adoption proceedings or at any time | ||||||
19 | thereafter, either
birth parent or both of them may file with | ||||||
20 | the Registry a Birth
Parent Registration Identification Form.
| ||||||
21 | (d) A birth sibling 21 years of age or over who was not | ||||||
22 | surrendered for
adoption and who has submitted a copy of his or | ||||||
23 | her birth certificate as well as proof of death for a deceased | ||||||
24 | birth parent
and such birth parent did not file a Denial of | ||||||
25 | Information Exchange or a Birth Parent Preference Form on which | ||||||
26 | Option E was selected with the
Registry prior to his or her |
| |||||||
| |||||||
1 | death may file a Registration Identification Form
and an | ||||||
2 | Information Exchange Authorization or a Denial of Information | ||||||
3 | Exchange.
| ||||||
4 | (e) A birth aunt or birth uncle who has submitted birth | ||||||
5 | certificates for himself or herself and for a deceased birth | ||||||
6 | parent naming at least one common biological parent as well as | ||||||
7 | proof of death for the deceased birth parent and such birth | ||||||
8 | parent did not file a Denial of Information Exchange or a Birth | ||||||
9 | Parent Preference Form on which Option E was selected with the | ||||||
10 | Registry prior to his or her death may file a Registration | ||||||
11 | Identification Form and an Information Exchange Authorization | ||||||
12 | or a Denial of Information Exchange.
| ||||||
13 | (f) Any adopted person 21 years of age or over, any | ||||||
14 | surrendered person
21 years of age or over, or any adoptive | ||||||
15 | parent or legal guardian of an
adopted or surrendered person | ||||||
16 | under the age of 21 may file with the Registry
a Registration | ||||||
17 | Identification Form and an Information Exchange Authorization
| ||||||
18 | or a Denial of Information Exchange.
| ||||||
19 | (g) Any adult child or adult grandchild 21 years of age or | ||||||
20 | over of a deceased adopted or surrendered person who has | ||||||
21 | submitted a copy of his or her birth certificate naming an | ||||||
22 | adopted or surrendered person as his or her biological parent | ||||||
23 | as well as proof of death for the deceased adopted or | ||||||
24 | surrendered person and such adopted or surrendered person did | ||||||
25 | not file a Denial of Information Exchange with the Registry | ||||||
26 | prior to his or her death may file a Registration |
| |||||||
| |||||||
1 | Identification Form and an Information Exchange Authorization | ||||||
2 | or a Denial of Information Exchange.
| ||||||
3 | (h) Any surviving spouse of a deceased adopted or | ||||||
4 | surrendered person 21 years of age or over who has submitted | ||||||
5 | proof of death for the deceased adopted or surrendered person | ||||||
6 | and such adopted or surrendered person did not file a Denial of | ||||||
7 | Information Exchange with the Registry prior to his or her | ||||||
8 | death as well as a birth certificate naming themselves and the | ||||||
9 | adopted or surrendered person as the parents of a minor child | ||||||
10 | under the age of 21 may file a Registration Identification Form | ||||||
11 | and an Information Exchange Authorization or a Denial of | ||||||
12 | Information Exchange.
| ||||||
13 | (i) Any adoptive parent or legal guardian of a deceased | ||||||
14 | adopted or surrendered person who is 21 years of age or over | ||||||
15 | who has submitted proof of death as well as proof of parentage | ||||||
16 | or guardianship for the deceased adopted or surrendered person | ||||||
17 | and such adopted or surrendered person did not file a Denial of | ||||||
18 | Information Exchange with the Registry prior to his or her | ||||||
19 | death may file a Registration Identification Form and an | ||||||
20 | Information Exchange Authorization or a Denial of Information | ||||||
21 | Exchange.
| ||||||
22 | (j) The Department of Public Health shall supply to the | ||||||
23 | adopted or
surrendered person or his or her adoptive parents, | ||||||
24 | legal guardians, adult children , adult grandchildren, or | ||||||
25 | surviving spouse, and
to the birth parents identifying | ||||||
26 | information only if both the adopted or
surrendered person, or |
| |||||||
| |||||||
1 | one of his or her adoptive parents, legal guardians, adult | ||||||
2 | children , adult grandchildren, or his or her surviving spouse, | ||||||
3 | and
the birth parents have filed with the Registry an | ||||||
4 | Information Exchange
Authorization or a Birth Parent | ||||||
5 | Preference Form on which Option A, B, or C was selected and the | ||||||
6 | information at the Registry indicates that the
consenting | ||||||
7 | adopted or surrendered person, the child of the consenting
| ||||||
8 | adoptive parents or legal guardians, the parent of the | ||||||
9 | consenting adult child of the adopted or surrendered person, or | ||||||
10 | the deceased wife or husband of the consenting surviving spouse
| ||||||
11 | is the child of the consenting birth
parents, except | ||||||
12 | identifying information that appears on a non-certified copy of | ||||||
13 | an original birth certificate may be provided to an adult | ||||||
14 | adopted or surrendered person or to the surviving adult child , | ||||||
15 | adult grandchild, or surviving spouse of a deceased adopted or | ||||||
16 | surrendered person pursuant to the procedures outlined in | ||||||
17 | Section 18.1b(e) of this Act.
| ||||||
18 | The Department of Public Health shall supply to adopted or | ||||||
19 | surrendered
persons who are birth siblings identifying | ||||||
20 | information only if both siblings
have filed with the Registry | ||||||
21 | an Information Exchange Authorization and the
information at | ||||||
22 | the Registry indicates that the consenting siblings have one
or | ||||||
23 | both birth parents in common. Identifying information shall be | ||||||
24 | supplied to
consenting birth siblings who were adopted or | ||||||
25 | surrendered if any such sibling
is 21 years of age or over. | ||||||
26 | Identifying information shall be supplied to
consenting birth |
| |||||||
| |||||||
1 | siblings who were not adopted or surrendered if any such
| ||||||
2 | sibling is 21 years of age or over and has proof of death of the | ||||||
3 | common birth
parent and such birth parent did not file a Denial | ||||||
4 | of Information Exchange or a Birth Parent Preference Form on | ||||||
5 | which Option E was selected
with the Registry prior to his or | ||||||
6 | her death.
| ||||||
7 | (k) The Department of Public Health shall supply to the | ||||||
8 | adopted or surrendered person or his or her adoptive parents, | ||||||
9 | legal guardians, adult children , adult grandchildren, or | ||||||
10 | surviving spouse, and to a birth aunt identifying information | ||||||
11 | only if both the adopted or surrendered person or one of his or | ||||||
12 | her adoptive parents, legal guardians, adult children , adult | ||||||
13 | grandchildren, or his or her surviving spouse, and the birth | ||||||
14 | aunt have filed with the Registry an Information Exchange | ||||||
15 | Authorization and the information at the Registry indicates | ||||||
16 | that the consenting adopted or surrendered person, or the child | ||||||
17 | of the consenting adoptive parents or legal guardians, or the | ||||||
18 | parent of the consenting adult child, or the deceased wife or | ||||||
19 | husband of the consenting surviving spouse of the adopted or | ||||||
20 | surrendered person is or was the child of the brother or sister | ||||||
21 | of the consenting birth aunt.
| ||||||
22 | (l) The Department of Public Health shall supply to the | ||||||
23 | adopted or surrendered person or his or her adoptive parents, | ||||||
24 | legal guardians, adult children , adult grandchildren, or | ||||||
25 | surviving spouse, and to a birth uncle identifying information | ||||||
26 | only if both the adopted or surrendered person or one of his or |
| |||||||
| |||||||
1 | her adoptive parents, legal guardians, adult children , adult | ||||||
2 | grandchildren, or his or her surviving spouse, and the birth | ||||||
3 | uncle have filed with the Registry an Information Exchange | ||||||
4 | Authorization and the information at the Registry indicates | ||||||
5 | that the consenting adopted or surrendered person, or the child | ||||||
6 | of the consenting adoptive parents or legal guardians, or the | ||||||
7 | parent of the consenting adult child, or the deceased wife or | ||||||
8 | husband of the consenting surviving spouse of the adopted or | ||||||
9 | surrendered person is or was the child of the brother or sister | ||||||
10 | of the consenting birth uncle.
| ||||||
11 | (m) A registrant
may notify the Registry of his or her
| ||||||
12 | desire not to have identifying information revealed or may | ||||||
13 | revoke any previously
filed Information Exchange Authorization | ||||||
14 | by completing and filing with the
Registry a Registry | ||||||
15 | Identification Form along with a Denial of Information
Exchange | ||||||
16 | or, if applicable, a Birth Parent Preference Form. Any | ||||||
17 | registrant, except a birth parent, may revoke his or her Denial | ||||||
18 | of Information Exchange by filing
an Information Exchange | ||||||
19 | Authorization. A birth parent may revoke a Denial of | ||||||
20 | Information Exchange by filing a Birth Parent Preference Form. | ||||||
21 | Any birth parent who has previously filed a Birth Parent | ||||||
22 | Preference Form where Option E was selected may revoke such | ||||||
23 | preference by filing a subsequent Birth Parent Preference Form | ||||||
24 | and selecting Option A, B, C, or D. The Department of Public | ||||||
25 | Health shall
act in accordance with the most recently filed | ||||||
26 | affidavit.
|
| |||||||
| |||||||
1 | (n) Identifying information ascertained from the Registry | ||||||
2 | shall be
confidential and may be disclosed only (1) upon a | ||||||
3 | Court Order, which order
shall name the person or persons | ||||||
4 | entitled to the information, or (2) to a registrant who is the | ||||||
5 | subject of an Information Exchange
Authorization or, if | ||||||
6 | applicable, a Birth Parent Preference Form that was completed | ||||||
7 | by another registrant and filed with the Illinois Adoption | ||||||
8 | Registry and Medical Information Exchange, or (3) as authorized | ||||||
9 | under subsection (h) of Section 18.3 of
this Act, or (4) | ||||||
10 | pursuant to the procedures outlined in Section 18.1b(e) of this | ||||||
11 | Act. Any person who willfully provides unauthorized
disclosure | ||||||
12 | of any information filed with the Registry or who knowingly or
| ||||||
13 | intentionally files false information with the Registry shall | ||||||
14 | be guilty of
a Class A misdemeanor and shall be liable for | ||||||
15 | damages.
| ||||||
16 | (o) If information is disclosed pursuant to this Act, the | ||||||
17 | Department shall
redact it to remove any identifying | ||||||
18 | information about any party who has not
consented to the | ||||||
19 | disclosure of such identifying information, or, in the case of | ||||||
20 | identifying information on the original birth certificate, | ||||||
21 | pursuant to Section 18.1b(e) of this Act.
| ||||||
22 | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
| ||||||
23 | (750 ILCS 50/18.1a)
| ||||||
24 | Sec. 18.1a. Registry matches.
| ||||||
25 | (a) The Registry shall release identifying information, as |
| |||||||
| |||||||
1 | specified on
the applicant's Information Exchange | ||||||
2 | Authorization or, if applicable, a Birth Parent Preference | ||||||
3 | Form, to the following
mutually consenting registered parties
| ||||||
4 | and provide them with any photographs or correspondence which | ||||||
5 | have been placed in the
Adoption/Surrender Records File and
are | ||||||
6 | specifically intended for the registered parties:
| ||||||
7 | (i) an adult adopted or surrendered person and one of | ||||||
8 | his or her birth
relatives who have both filed an | ||||||
9 | applicable Information
Exchange Authorization or, if | ||||||
10 | applicable, a Birth Parent Preference Form specifying the | ||||||
11 | other consenting party with the Registry,
if
information | ||||||
12 | available to the Registry
confirms that the consenting | ||||||
13 | adopted or surrendered person is biologically related to | ||||||
14 | the consenting birth relative;
| ||||||
15 | (ii) the adoptive parent or legal guardian of an | ||||||
16 | adopted or surrendered
person under the age of 21
and one | ||||||
17 | of the adopted or surrendered person's birth relatives who
| ||||||
18 | have both filed an Information Exchange Authorization | ||||||
19 | specifying the other
consenting party, or, if applicable, a | ||||||
20 | Birth Parent Preference Form, with the Registry, if
| ||||||
21 | information available to the Registry confirms that the | ||||||
22 | child of the consenting
adoptive parent or legal guardian | ||||||
23 | is biologically related to the
consenting
birth relative; | ||||||
24 | and
| ||||||
25 | (iii) the adoptive parent, adult child , adult | ||||||
26 | grandchild, or surviving spouse of a deceased adopted or |
| |||||||
| |||||||
1 | surrendered person, and one of the adopted or surrendered | ||||||
2 | person's birth relatives who have both filed an applicable | ||||||
3 | Information Exchange Authorization specifying the other | ||||||
4 | consenting party or, if applicable, a Birth Parent | ||||||
5 | Preference Form, with the Registry, if information | ||||||
6 | available to the Registry confirms that the child of the | ||||||
7 | consenting adoptive parent, the parent of the consenting | ||||||
8 | adult child or the deceased wife or husband of the | ||||||
9 | consenting surviving spouse of the adopted or surrendered | ||||||
10 | person was biologically related to the consenting birth | ||||||
11 | relative.
| ||||||
12 | (b) If a registrant is the subject of a Denial of
| ||||||
13 | Information Exchange filed by another registered party or is an | ||||||
14 | adopted or surrendered person, or the surviving relative of a | ||||||
15 | deceased adopted or surrendered person, and a birth parent of | ||||||
16 | the adopted or surrendered person completed a Birth Parent | ||||||
17 | Preference Form and selected Option E, the Registry shall
not | ||||||
18 | release identifying information to either registrant or, if | ||||||
19 | applicable, to an adopted person who has requested a copy of | ||||||
20 | his or her original birth certificate, with the exception of | ||||||
21 | non-certified copies of the original birth certificate | ||||||
22 | released under Section 18.1b(e), and as to a birth parent who | ||||||
23 | has prohibited release of identifying information on the | ||||||
24 | original birth certificate to the adult adopted or surrendered | ||||||
25 | person, upon the death of said birth parent.
| ||||||
26 | (c) If a registrant has completed a Medical Information |
| |||||||
| |||||||
1 | Exchange
Questionnaire and has consented to its disclosure, | ||||||
2 | that Questionnaire shall be
released to any registered party | ||||||
3 | who has indicated their desire to receive such
information on | ||||||
4 | his or her Illinois Adoption Registry Application, if
| ||||||
5 | information available to the Registry
confirms that the | ||||||
6 | consenting parties are biologically related, that the | ||||||
7 | consenting
birth relative and the child of the consenting | ||||||
8 | adoptive parents or legal
guardians are birth relatives, or | ||||||
9 | that the consenting birth relative and the deceased wife or | ||||||
10 | husband of the consenting surviving spouse are birth relatives.
| ||||||
11 | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
| ||||||
12 | (750 ILCS 50/18.1b)
| ||||||
13 | Sec. 18.1b. The Illinois Adoption Registry Application. | ||||||
14 | The Illinois
Adoption Registry Application shall substantially | ||||||
15 | include the following:
| ||||||
16 | (a) General Information. The Illinois Adoption Registry
| ||||||
17 | Application shall include the space to provide Information | ||||||
18 | about the registrant
including his or her
surname, given name | ||||||
19 | or names, social security number (optional), mailing
address, | ||||||
20 | home telephone number, gender, date and place of birth, and the | ||||||
21 | date
of registration. If applicable and known
to the | ||||||
22 | registrant, he or she may include the maiden surname of the
| ||||||
23 | birth mother, any subsequent surnames of the birth mother, the | ||||||
24 | surname of the
birth father, the given name or names of the | ||||||
25 | birth parents, the dates and
places of birth of the birth |
| |||||||
| |||||||
1 | parents, the surname and given name or names of
the adopted | ||||||
2 | person prior to adoption, the gender and date and place of | ||||||
3 | birth of
the adopted or surrendered person, the name of the | ||||||
4 | adopted person following
his or her adoption and the state and | ||||||
5 | county where the judgment of adoption was
finalized.
| ||||||
6 | (b) Medical Information Exchange Questionnaire. In | ||||||
7 | recognition of
the importance of medical information and of | ||||||
8 | recent discoveries regarding the
genetic origin of many medical | ||||||
9 | conditions and diseases all registrants shall be
asked to | ||||||
10 | voluntarily complete a Medical
Information Exchange | ||||||
11 | Questionnaire. The Medical Information Exchange Questionnaire | ||||||
12 | shall include a comprehensive check-list of medical conditions | ||||||
13 | and diseases including those of genetic origin.
| ||||||
14 | (1) Birth relatives shall be asked to indicate all | ||||||
15 | genetically-inherited diseases
and
conditions on this
list | ||||||
16 | which are known to exist in the adopted or surrendered | ||||||
17 | person's birth
family at the time of registration.
In | ||||||
18 | addition, all birth relatives
shall be apprised of the | ||||||
19 | Registry's provisions for voluntarily submitting
| ||||||
20 | information about their and their family's medical
| ||||||
21 | histories on a confidential, ongoing basis.
| ||||||
22 | (2) Adopted and surrendered persons and their adoptive | ||||||
23 | parents, legal
guardians, adult children, adult | ||||||
24 | grandchildren, and surviving spouses shall be asked to | ||||||
25 | indicate all
genetically-inherited diseases and medical | ||||||
26 | conditions with which the adopted or
surrendered person or, |
| |||||||
| |||||||
1 | if applicable, his or her children have been diagnosed
| ||||||
2 | since birth.
| ||||||
3 | (3) The Medical Information Exchange Questionnaire
| ||||||
4 | shall include a space where the registrant may authorize | ||||||
5 | the release of the
Medical Information Exchange | ||||||
6 | Questionnaire to specified registered parties and a
| ||||||
7 | disclaimer
informing registrants that the Department of | ||||||
8 | Public Health cannot guarantee the
accuracy of medical | ||||||
9 | information exchanged through the Registry.
| ||||||
10 | (c) Written statement. All registrants shall be given the
| ||||||
11 | opportunity to voluntarily file a written statement with the | ||||||
12 | Registry. This
statement
shall be submitted in the space | ||||||
13 | provided.
No written statement submitted to the Registry
shall | ||||||
14 | include identifying information pertaining to any person other | ||||||
15 | than the
registrant who submitted it.
Any such identifying | ||||||
16 | information shall be redacted by the Department or
returned for | ||||||
17 | removal of identifying information.
| ||||||
18 | (d) Exchange of information. All registrants except birth | ||||||
19 | parents may indicate their
wishes regarding contact and the | ||||||
20 | exchange of identifying and/or medical information with any | ||||||
21 | other registrant by completing an
Information Exchange | ||||||
22 | Authorization or a Denial of Information Exchange. Birth | ||||||
23 | parents may indicate their wishes regarding contact by filing a | ||||||
24 | Birth Parent Preference Form pursuant to the procedures | ||||||
25 | outlined in this Section.
| ||||||
26 | (1) Information Exchange Authorization. Adopted or |
| |||||||
| |||||||
1 | surrendered persons 21
years of age or over who are | ||||||
2 | interested in exchanging identifying and/or medical | ||||||
3 | information or would welcome contact with one or more of | ||||||
4 | their
birth relatives;
birth siblings 21 years of age or | ||||||
5 | over who were adopted or surrendered and who
are interested | ||||||
6 | in exchanging identifying and/or medical information or | ||||||
7 | would welcome contact with an adopted or surrendered | ||||||
8 | person, or one or more of
his or her adoptive parents, | ||||||
9 | legal guardians, adult children, adult grandchildren, or a | ||||||
10 | surviving spouse; birth siblings 21 years of age
or
over | ||||||
11 | who were not surrendered and who have submitted proof of | ||||||
12 | death for any
common
birth parent
who did not file a Denial | ||||||
13 | of Information Exchange or a Birth Parent Preference Form | ||||||
14 | on which Option E was selected prior to his or her death,
| ||||||
15 | and who are interested in exchanging identifying and/or | ||||||
16 | medical information or would welcome contact with an | ||||||
17 | adopted or surrendered person, or one or
more of his or her | ||||||
18 | adoptive parents,
legal guardians, adult children, adult | ||||||
19 | grandchildren, or a surviving spouse; birth aunts and birth | ||||||
20 | uncles 21 years of age or over who have submitted birth | ||||||
21 | certificates for themselves and a deceased birth parent | ||||||
22 | naming at least one common biological parent as well as | ||||||
23 | proof of death for a deceased birth parent and who are | ||||||
24 | interested in exchanging identifying and/or medical | ||||||
25 | information or would welcome contact with an adopted or | ||||||
26 | surrendered person 21 years of age or over, or one or more |
| |||||||
| |||||||
1 | of his or her adoptive parents, legal guardians, adult | ||||||
2 | children , adult grandchildren, or a surviving spouse;
| ||||||
3 | adoptive parents or
legal guardians of
adopted or | ||||||
4 | surrendered persons under the age of 21 who are interested | ||||||
5 | in exchanging identifying and/or medical information or | ||||||
6 | would welcome
contact with one or more of the adopted or | ||||||
7 | surrendered person's birth relatives; adoptive parents and | ||||||
8 | legal guardians of deceased adopted or surrendered persons | ||||||
9 | 21 years of age or over who have submitted proof of death | ||||||
10 | for a deceased adopted or surrendered person who did not | ||||||
11 | file a Denial of Information Exchange prior to his or her | ||||||
12 | death and who are interested in exchanging identifying | ||||||
13 | and/or medical information or would welcome contact with | ||||||
14 | one or more of the adopted or surrendered person's birth | ||||||
15 | relatives; adult children of deceased adopted or | ||||||
16 | surrendered persons who have submitted a birth certificate | ||||||
17 | naming the adopted or surrendered person as their | ||||||
18 | biological parent , and, in the case of adult grandchildren, | ||||||
19 | their birth certificate and a birth certificate naming the | ||||||
20 | adopted or surrendered person as their parent's biological | ||||||
21 | parent, and proof of death for an adopted or surrendered | ||||||
22 | person who did not file a Denial of Information Exchange | ||||||
23 | prior to his or her death; and surviving spouses of | ||||||
24 | deceased adopted or surrendered persons who have submitted | ||||||
25 | a marriage certificate naming an adopted or surrendered | ||||||
26 | person as their deceased wife or husband and proof of death |
| |||||||
| |||||||
1 | for an adopted or surrendered person who did not file a | ||||||
2 | Denial of Information Exchange prior to his or her death | ||||||
3 | and who are interested in exchanging identifying and/or | ||||||
4 | medical information or would welcome contact with one or | ||||||
5 | more of the adopted or surrendered person's birth relatives | ||||||
6 | may specify with whom they
wish to exchange identifying | ||||||
7 | information by
filing an Information Exchange | ||||||
8 | Authorization.
| ||||||
9 | (2) Denial of Information Exchange. Adopted or | ||||||
10 | surrendered persons 21
years of age or over who do not wish | ||||||
11 | to exchange identifying information or establish contact | ||||||
12 | with one or
more of their birth relatives may specify
with | ||||||
13 | whom they do not wish to exchange
identifying information | ||||||
14 | or do not wish to establish contact by filing a Denial of
| ||||||
15 | Information Exchange. Birth relatives other than birth | ||||||
16 | parents who do not wish to
establish contact with an
| ||||||
17 | adopted or surrendered person or one or more of his or her | ||||||
18 | adoptive parents,
legal guardians, or adult children or | ||||||
19 | adult grandchildren may specify with whom they do not wish | ||||||
20 | to exchange identifying
information or do not wish to | ||||||
21 | establish contact by filing a Denial of Information | ||||||
22 | Exchange. Birth parents who wish to prohibit the release of | ||||||
23 | their identifying information on the original birth | ||||||
24 | certificate released to an adult adopted or surrendered | ||||||
25 | person who was born after January 1, 1946, or to the | ||||||
26 | surviving adult child , adult grandchild, or surviving |
| |||||||
| |||||||
1 | spouse of a deceased adopted or surrendered person who was | ||||||
2 | born after January 1, 1946, may do so by filing a Denial | ||||||
3 | with the Registry on or before December 31, 2010. Adoptive | ||||||
4 | parents or
legal guardians of adopted or surrendered | ||||||
5 | persons under the age of 21 who do
not wish to establish | ||||||
6 | contact with one or more of the adopted or
surrendered | ||||||
7 | person's birth relatives may specify with whom they
do not | ||||||
8 | wish to exchange identifying
information by filing a Denial | ||||||
9 | of Information Exchange. Adoptive parents, adult children, | ||||||
10 | adult grandchildren, and surviving spouses of deceased | ||||||
11 | adoptees who do not wish to exchange identifying | ||||||
12 | information or establish contact with one or more of the | ||||||
13 | adopted or surrendered person's birth relatives may | ||||||
14 | specify with whom they do not wish to exchange identifying | ||||||
15 | information or do not wish to establish contact by filing a | ||||||
16 | Denial of Information Exchange.
| ||||||
17 | (3) Birth Parent Preference Form. Beginning January 1, | ||||||
18 | 2011, birth parents who are eligible to register with the | ||||||
19 | Illinois Adoption Registry and Medical Information | ||||||
20 | Exchange and whose birth child was born on or after January | ||||||
21 | 1, 1946 may communicate their wishes regarding contact or | ||||||
22 | may prohibit the release of identifying information on the | ||||||
23 | non-certified copy of the original birth certificate | ||||||
24 | released under subsection (e) of this Section by filing a | ||||||
25 | Birth Parent Preference Form with the Registry. Birth | ||||||
26 | parents whose birth child was born before January 1, 1946, |
| |||||||
| |||||||
1 | may communicate their wishes regarding contact by | ||||||
2 | completing a Birth Parent Preference Form, selecting | ||||||
3 | Option A, B, C, or D, and filing the form with the | ||||||
4 | Registry, but may not prohibit the release of identifying | ||||||
5 | information. All Birth Parent Preference Forms on file with | ||||||
6 | the Registry at the time of receipt of a Request for a | ||||||
7 | Non-Certified Copy of an Original Birth Certificate from an | ||||||
8 | adult adopted or surrendered person or the surviving adult | ||||||
9 | child , surviving adult grandchild, or surviving spouse of a | ||||||
10 | deceased adopted or surrendered person shall be forwarded | ||||||
11 | to the relevant adopted or surrendered person or surviving | ||||||
12 | adult child , surviving adult grandchild, or surviving | ||||||
13 | spouse of a deceased adopted or surrendered person along | ||||||
14 | with a non-certified copy of the adopted or surrendered | ||||||
15 | person's original birth certificate as outlined in | ||||||
16 | subsection (e) of this Section. | ||||||
17 | (e) Procedures for requesting a non-certified copy of an | ||||||
18 | original birth certificate by an adult adopted or surrendered | ||||||
19 | person or by a surviving adult child , adult grandchild, or | ||||||
20 | surviving spouse of a deceased adopted or surrendered person: | ||||||
21 | (1) On or after the effective date of this amendatory | ||||||
22 | Act of the 96th General Assembly, any adult adopted or | ||||||
23 | surrendered person who was born in Illinois prior to | ||||||
24 | January 1, 1946, may complete and file with the Registry a | ||||||
25 | Request for a Non-Certified Copy of an Original Birth | ||||||
26 | Certificate. The Registry shall provide such adult adopted |
| |||||||
| |||||||
1 | or surrendered person with an unaltered, non-certified | ||||||
2 | copy of his or her original birth certificate upon receipt | ||||||
3 | of the Request for a Non-Certified Copy of an Original | ||||||
4 | Birth Certificate. Additionally, in cases where an adopted | ||||||
5 | or surrendered person born in Illinois prior to January 1, | ||||||
6 | 1946, is deceased, and one of his or her surviving adult | ||||||
7 | children , adult grandchildren, or his or her surviving | ||||||
8 | spouse has registered with the Registry, he or she may | ||||||
9 | complete and file with the Registry a Request for a | ||||||
10 | Non-Certified Copy of an Original Birth Certificate. The | ||||||
11 | Registry shall provide such surviving adult child , adult | ||||||
12 | grandchild, or surviving spouse with an unaltered, | ||||||
13 | non-certified copy of the adopted or surrendered person's | ||||||
14 | original birth certificate upon receipt of the Request for | ||||||
15 | a Non-Certified Copy of an Original Birth Certificate. | ||||||
16 | (2) Beginning November 15, 2011, any adult adopted or | ||||||
17 | surrendered person who was born in Illinois on or after | ||||||
18 | January 1, 1946, may complete and file with the Registry a | ||||||
19 | Request for a Non-certified Copy of an Original Birth | ||||||
20 | Certificate. Additionally, in cases where the adopted or | ||||||
21 | surrendered person is deceased and one of his or her | ||||||
22 | surviving adult children , adult grandchildren, or his or | ||||||
23 | her surviving spouse has registered with the Registry, he | ||||||
24 | or she may complete and file with the Registry a Request | ||||||
25 | for a Non-Certified Copy of an Original Birth Certificate.
| ||||||
26 | Upon receipt of such request from an adult adopted or |
| |||||||
| |||||||
1 | surrendered person or from one of his or her surviving | ||||||
2 | adult children , adult grandchildren, or his or her | ||||||
3 | surviving spouse, the Registry shall: | ||||||
4 | (i) Determine if there is a Denial of Information | ||||||
5 | Exchange which was filed by a birth parent named on the | ||||||
6 | original birth certificate prior to January 1, 2011. If | ||||||
7 | a Denial was filed by a birth parent named on the | ||||||
8 | original birth certificate prior to January 1, 2011, | ||||||
9 | and there is no proof of death in the Registry file for | ||||||
10 | the birth parent who filed said Denial, the Registry | ||||||
11 | shall inform the requesting adult adopted or | ||||||
12 | surrendered person or the requesting surviving adult | ||||||
13 | child , adult grandchild, or surviving spouse of a | ||||||
14 | deceased adopted or surrendered person that they may | ||||||
15 | receive a non-certified copy of the original birth | ||||||
16 | certificate from which all identifying information | ||||||
17 | pertaining to the birth parent who filed the Denial has | ||||||
18 | been redacted. A requesting adult adopted or | ||||||
19 | surrendered person shall also be informed in writing of | ||||||
20 | his or her right to petition the court for the | ||||||
21 | appointment of a confidential intermediary pursuant to | ||||||
22 | Section 18.3a of this Act and, if applicable, to | ||||||
23 | conduct a search through an agency post-adoption | ||||||
24 | search program once 5 years have elapsed since the | ||||||
25 | birth parent filed the Denial of Information Exchange | ||||||
26 | with the Registry. |
| |||||||
| |||||||
1 | (ii) Determine if a birth parent named on the | ||||||
2 | original birth certificate has filed a Birth Parent | ||||||
3 | Preference Form. If one of the birth parents named on | ||||||
4 | the original birth certificate filed a Birth Parent | ||||||
5 | Preference Form and selected Option A, B, C, or D, the | ||||||
6 | Registry shall forward to the adult adopted or | ||||||
7 | surrendered person or to the surviving adult child , | ||||||
8 | adult grandchild, or surviving spouse of a deceased | ||||||
9 | adopted or surrendered person a copy of the Birth | ||||||
10 | Parent Preference Form along with an unaltered | ||||||
11 | non-certified copy of his or her original birth | ||||||
12 | certificate.
If one of the birth parents named on the | ||||||
13 | original birth certificate filed a Birth Parent | ||||||
14 | Preference Form and selected Option E, and there is no | ||||||
15 | proof of death in the Registry file for the birth | ||||||
16 | parent who filed said Birth Parent Preference Form, the | ||||||
17 | Registry shall inform the requesting adult adopted or | ||||||
18 | surrendered person or the requesting surviving adult | ||||||
19 | child , adult grandchild, or surviving spouse of a | ||||||
20 | deceased adopted or surrendered person that he or she | ||||||
21 | may receive a non-certified copy of the original birth | ||||||
22 | certificate from which identifying information | ||||||
23 | pertaining to the birth parent who completed the Birth | ||||||
24 | Parent Preference Form has been redacted per the birth | ||||||
25 | parent's specifications on the Form. The Registry | ||||||
26 | shall forward to the adult adopted or surrendered |
| |||||||
| |||||||
1 | person or to the surviving adult child , adult | ||||||
2 | grandchild, or surviving spouse of a deceased adopted | ||||||
3 | or surrendered person a copy of the Birth Parent | ||||||
4 | Preference Form filed by the birth parent from which | ||||||
5 | identifying information has been redacted per the | ||||||
6 | birth parent's specifications on the Form. The | ||||||
7 | requesting adult adopted or surrendered person shall | ||||||
8 | also be informed in writing of his or her right to | ||||||
9 | petition the court for the appointment of a | ||||||
10 | confidential intermediary pursuant to Section 18.3a of | ||||||
11 | this Act, and, if applicable, to conduct a search | ||||||
12 | through an agency post-adoption search program once 5 | ||||||
13 | years have elapsed since the birth parent filed the | ||||||
14 | Birth Parent Preference Form, on which Option E was | ||||||
15 | selected, with the Registry. | ||||||
16 | (iii) Determine if a birth parent named on the | ||||||
17 | original birth certificate has filed an Information | ||||||
18 | Exchange Authorization. | ||||||
19 | (iv) If the Registry has confirmed that a | ||||||
20 | requesting adult adopted or surrendered person or the | ||||||
21 | parent of a requesting adult child of a deceased | ||||||
22 | adopted or surrendered person or the husband or wife of | ||||||
23 | a requesting surviving spouse was not the object of a | ||||||
24 | Denial of Information Exchange filed by a birth parent | ||||||
25 | on or before December 31, 2010, and that no birth | ||||||
26 | parent named on the original birth certificate has |
| |||||||
| |||||||
1 | filed a Birth Parent Preference Form where Option E was | ||||||
2 | selected prior to the receipt of a Request for a | ||||||
3 | Non-Certified Copy of an Original Birth Certificate, | ||||||
4 | the Registry shall provide the adult adopted or | ||||||
5 | surrendered person or his or her surviving adult child | ||||||
6 | or surviving spouse with an unaltered non-certified | ||||||
7 | copy of the adopted or surrendered person's original | ||||||
8 | birth certificate. | ||||||
9 | (3) In cases where the Registry receives a Birth Parent | ||||||
10 | Preference Form from a birth parent subsequent to the | ||||||
11 | release of the non-certified copy of the original birth | ||||||
12 | certificate to an adult adopted or surrendered person or to | ||||||
13 | the surviving adult child , adult grandchild, or surviving | ||||||
14 | spouse of a deceased adopted or surrendered person, the | ||||||
15 | Birth Parent Preference Form shall be immediately | ||||||
16 | forwarded to the adult adopted or surrendered person or to | ||||||
17 | the surviving adult child , adult grandchild, or surviving | ||||||
18 | spouse of the deceased adopted or surrendered person and | ||||||
19 | the birth parent who filed the form shall be informed that | ||||||
20 | the relevant original birth certificate has already been | ||||||
21 | released. | ||||||
22 | (4) A copy of the original birth certificate shall only | ||||||
23 | be released to adopted or surrendered persons who were born | ||||||
24 | in Illinois; to surviving adult children , adult | ||||||
25 | grandchildren, or surviving spouses of deceased adopted or | ||||||
26 | surrendered persons who were born in Illinois; or to 2 |
| |||||||
| |||||||
1 | registered parties who have both consented to the release | ||||||
2 | of a non-certified copy of the original birth certificate | ||||||
3 | to one another through the Registry when the birth of the | ||||||
4 | relevant adopted or surrendered person took place in | ||||||
5 | Illinois. | ||||||
6 | (5) In cases where the Registry receives a Request for | ||||||
7 | a Non-Certified Copy of an Original Birth Certificate from | ||||||
8 | an adult adopted or surrendered person who has not | ||||||
9 | completed a Registry application and the file of that | ||||||
10 | adopted or surrendered person includes an Information | ||||||
11 | Exchange Authorization, Birth Parent Preference Form, or | ||||||
12 | Medical Information Exchange Questionnaire from one or | ||||||
13 | more of his or her birth relatives, the Registry shall so | ||||||
14 | inform the adult adopted or surrendered person and forward | ||||||
15 | Registry application forms to him or her along with a | ||||||
16 | non-certified copy of the original birth certificate | ||||||
17 | consistent with the procedures outlined in this subsection | ||||||
18 | (e). | ||||||
19 | (6) In cases where a birth parent registered with the | ||||||
20 | Registry and filed a Medical Information Exchange | ||||||
21 | Questionnaire prior to the effective date of this | ||||||
22 | amendatory Act of the 96th General Assembly but gave no | ||||||
23 | indication as to his or her wishes regarding contact or the | ||||||
24 | sharing of identifying information, the Registry shall | ||||||
25 | contact the birth parent by written letter prior to January | ||||||
26 | 1, 2011, and provide him or her with the opportunity to |
| |||||||
| |||||||
1 | indicate his or her preference regarding contact and the | ||||||
2 | sharing of identifying information by submitting a Birth | ||||||
3 | Parent Preference Form to the Registry prior to November 1, | ||||||
4 | 2011. | ||||||
5 | (7) In cases where the Registry cannot locate a copy of | ||||||
6 | the original birth certificate in the Registry file, they | ||||||
7 | shall be authorized to request a copy of the original birth | ||||||
8 | certificate from the Illinois county where the birth took | ||||||
9 | place for placement in the Registry file. | ||||||
10 | (8) Adopted and surrendered persons who wish to have | ||||||
11 | their names placed with the Illinois Adoption Registry and | ||||||
12 | Medical Information Exchange may do so by completing a | ||||||
13 | Registry application at any time, but completing a Registry | ||||||
14 | application shall not be required for adopted and | ||||||
15 | surrendered persons who seek only to obtain a copy of their | ||||||
16 | original birth certificate or any relevant Birth Parent | ||||||
17 | Preference Forms through the Registry. | ||||||
18 | (9) In cases where a birth parent filed a Denial of | ||||||
19 | Information Exchange with the Registry prior to January 1, | ||||||
20 | 2011, or filed a Birth Parent Preference Form with the | ||||||
21 | Registry and selected Option E after January 1, 2011, and a | ||||||
22 | proof of death for the birth parent who filed the Denial or | ||||||
23 | the Birth Parent Preference Form has been filed with the | ||||||
24 | Registry by a confidential intermediary, a surviving | ||||||
25 | relative of the deceased birth parent, or a birth child of | ||||||
26 | the deceased birth parent, the Registry shall be authorized |
| |||||||
| |||||||
1 | to release an unaltered non-certified copy of the original | ||||||
2 | birth certificate to an adult adopted or surrendered person | ||||||
3 | or to the surviving adult child , adult grandchild, or | ||||||
4 | surviving spouse of a deceased adopted or surrendered | ||||||
5 | person who has filed a Request for a Non-Certified Copy of | ||||||
6 | the Original Birth Certificate with the Registry. | ||||||
7 | (10) On and after the effective date of this amendatory | ||||||
8 | Act of the 96th General Assembly, in cases where all birth | ||||||
9 | parents named on the original birth certificate of an | ||||||
10 | adopted or surrendered person born after January 1, 1946, | ||||||
11 | are deceased and copies of death certificates for all birth | ||||||
12 | parents named on the original birth certificate have been | ||||||
13 | filed with the Registry by either a confidential | ||||||
14 | intermediary, a surviving relative of the deceased birth | ||||||
15 | parent, or a birth child of the deceased birth parent, the | ||||||
16 | Registry shall be authorized to release a non-certified | ||||||
17 | copy of the original birth certificate to the adopted or | ||||||
18 | surrendered person upon receipt of his or her Request for a | ||||||
19 | Non-Certified Copy of an Original Birth Certificate. | ||||||
20 | (f) A registrant may complete all or any part of the | ||||||
21 | Illinois Adoption
Registry Application. All Illinois Adoption | ||||||
22 | Registry Applications, Information
Exchange
Authorizations, | ||||||
23 | Denials of Information Exchange, requests to revoke an
| ||||||
24 | Information
Exchange Authorization or Denial of Information | ||||||
25 | Exchange, Birth Parent Preference Forms, and affidavits
| ||||||
26 | submitted
to the Registry shall be
accompanied by proof of |
| |||||||
| |||||||
1 | identification.
| ||||||
2 | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11; | ||||||
3 | 97-333, eff. 8-12-11.)
| ||||||
4 | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| ||||||
5 | Sec. 18.2. Forms.
| ||||||
6 | (a) The Department shall develop the Illinois Adoption | ||||||
7 | Registry forms as provided in this Section. The General | ||||||
8 | Assembly shall reexamine the content of the form as requested | ||||||
9 | by the Department, in consultation with the Registry Advisory | ||||||
10 | Council. The form of the Birth Parent Registration
| ||||||
11 | Identification Form shall be substantially as follows:
| ||||||
12 | BIRTH PARENT REGISTRATION IDENTIFICATION
| ||||||
13 | (Insert all known information)
| ||||||
14 | I, ....., state that I am the ...... (mother or father) of the
| ||||||
15 | following child:
| ||||||
16 | Child's original name: ..... (first) ..... (middle) ..... | ||||||
17 | (last),
..... (hour of birth), ..... (date of birth), | ||||||
18 | ..... (city and state of
birth), ..... (name of | ||||||
19 | hospital).
| ||||||
20 | Father's full name: ...... (first) ...... (middle) ..... | ||||||
21 | (last),
..... (date of birth), ..... (city and state of | ||||||
22 | birth).
| ||||||
23 | Name of mother inserted on birth certificate: ..... (first) | ||||||
24 | .....
(middle) ..... (last), ..... (race), ..... (date | ||||||
25 | of birth), ......
(city and state of birth).
|
| |||||||
| |||||||
1 | That I surrendered my child to: ............. (name of agency), | ||||||
2 | .....
(city and state of agency), ..... (approximate date | ||||||
3 | child surrendered).
| ||||||
4 | That I placed my child by private adoption: ..... (date),
| ||||||
5 | ...... (city
and state).
| ||||||
6 | Name of adoptive parents, if known: ......
| ||||||
7 | Other identifying information: .....
| ||||||
8 | ........................
| ||||||
9 | (Signature of parent)
| ||||||
10 | ............ ........................
| ||||||
11 | (date) (printed name of parent)
| ||||||
12 | (b) The form of the Adopted Person
Registration | ||||||
13 | Identification shall be substantially
as follows:
| ||||||
14 | ADOPTED PERSON
| ||||||
15 | REGISTRATION IDENTIFICATION
| ||||||
16 | (Insert all known information)
| ||||||
17 | I, ....., state the following:
| ||||||
18 | Adopted Person's present name: ..... (first) ..... | ||||||
19 | (middle)
..... (last).
| ||||||
20 | Adopted Person's name at birth (if known): ..... (first)
| ||||||
21 | ..... (middle) .....
(last), ..... (birth date), ..... | ||||||
22 | (city and state of birth), ......
(sex), ..... (race).
| ||||||
23 | Name of adoptive father: ..... (first) ..... (middle) ..... | ||||||
24 | (last), .....
(race).
| ||||||
25 | Maiden name of adoptive mother: ..... (first) ..... |
| |||||||
| |||||||
1 | (middle) .....
(last), ..... (race).
| ||||||
2 | Name of birth mother (if known): ..... (first) .....
| ||||||
3 | (middle)
..... (last), ..... (race).
| ||||||
4 | Name of birth father (if known): ..... (first) .....
| ||||||
5 | (middle)
..... (last), ..... (race).
| ||||||
6 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
7 | with adoptee
(if known): ..... (first) ..... (middle) | ||||||
8 | ..... (last), ..... (race), and name
of common birth | ||||||
9 | parent: ..... (first) ..... (middle) .....
(last),
| ||||||
10 | ..... (race).
| ||||||
11 | I was adopted through: ..... (name of agency).
| ||||||
12 | I was adopted privately: ..... (state "yes" if known).
| ||||||
13 | I was adopted in ..... (city and state), ..... (approximate | ||||||
14 | date).
| ||||||
15 | Other identifying information: .............
| ||||||
16 | ......................
| ||||||
17 | (signature of adoptee)
| ||||||
18 | ........... .........................
| ||||||
19 | (date) (printed name of adoptee)
| ||||||
20 | (c) The form of the Surrendered Person Registration | ||||||
21 | Identification shall be
substantially as follows:
| ||||||
22 | SURRENDERED PERSON REGISTRATION
| ||||||
23 | IDENTIFICATION
| ||||||
24 | (Insert all known information)
| ||||||
25 | I, ....., state the following:
|
| |||||||
| |||||||
1 | Surrendered Person's present name: ..... (first) .....
| ||||||
2 | (middle) ..... (last).
| ||||||
3 | Surrendered Person's name at birth (if known): ..... | ||||||
4 | (first)
.....
(middle) ..... (last), .....(birth | ||||||
5 | date), ..... (city and state of
birth), ...... (sex), | ||||||
6 | ..... (race).
| ||||||
7 | Name of guardian father: ..... (first) ..... (middle) ..... | ||||||
8 | (last), .....
(race).
| ||||||
9 | Maiden name of guardian mother: ..... (first) ..... | ||||||
10 | (middle) .....
(last), ..... (race).
| ||||||
11 | Name of birth mother (if known): ..... (first) .....
| ||||||
12 | (middle) .....
(last) ..... (race).
| ||||||
13 | Name of birth father (if known): ..... (first) .....
| ||||||
14 | (middle) .....
(last), .....(race).
| ||||||
15 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
16 | with surrendered person
(if known): ..... (first) | ||||||
17 | ..... (middle) ..... (last), ..... (race), and name
of | ||||||
18 | common birth parent: ..... (first) ..... (middle) | ||||||
19 | .....
(last),
..... (race).
| ||||||
20 | I was surrendered for adoption to: ..... (name of agency).
| ||||||
21 | I was surrendered for adoption in ..... (city and state), ..... | ||||||
22 | (approximate
date).
| ||||||
23 | Other identifying information: ............
| ||||||
24 | ................................
| ||||||
25 | (signature of surrendered person)
| ||||||
26 | ............ ......................
|
| |||||||
| |||||||
1 | (date) (printed name of person
| ||||||
2 | surrendered for adoption)
| ||||||
3 | (c-3) The form of the Registration Identification Form for | ||||||
4 | Surviving Relatives of Deceased Birth Parents shall be | ||||||
5 | substantially as follows:
| ||||||
6 | REGISTRATION IDENTIFICATION FORM
| ||||||
7 | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| ||||||
8 | (Insert all known information)
| ||||||
9 | I, ....., state the following:
| ||||||
10 | Name of deceased birth parent at time of surrender:
| ||||||
11 | Deceased birth parent's date of birth:
| ||||||
12 | Deceased birth parent's date of death:
| ||||||
13 | Adopted or surrendered person's name at birth (if known): | ||||||
14 | .....(first) ..... (middle) ..... (last), .....(birth | ||||||
15 | date), ..... (city and state of birth), ...... (sex), | ||||||
16 | ..... (race).
| ||||||
17 | My relationship to the adopted or surrendered person (check | ||||||
18 | one): (birth parent's non-surrendered child) (birth parent's | ||||||
19 | sister) (birth parent's brother).
| ||||||
20 | If you are a non-surrendered child of the birth parent, provide | ||||||
21 | name(s) at birth and age(s) of non-surrendered siblings having | ||||||
22 | a common parent with the birth parent. If more than one | ||||||
23 | sibling, please give information requested below on reverse | ||||||
24 | side of this form. If you are a sibling or parent of the birth |
| |||||||
| |||||||
1 | parent, provide name(s) at birth and age(s) of the sibling(s) | ||||||
2 | of the birth parent. If more than one sibling, please give | ||||||
3 | information requested below on reverse side of this form.
| ||||||
4 | Name (First) ..... (middle) ..... (last), .....(birth | ||||||
5 | date), ..... (city and state of birth), ...... (sex), | ||||||
6 | ..... (race).
| ||||||
7 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
8 | (last), .....(race), (first) ..... (middle) ..... | ||||||
9 | (last), .....(race).
| ||||||
10 | My birth sibling/child of my brother/child of my sister/ was | ||||||
11 | surrendered for adoption to ..... (name of agency) City and | ||||||
12 | state of agency ..... Date .....(approximate) Other | ||||||
13 | identifying information ..... (Please note that you must: (i) | ||||||
14 | be at least 21 years of age to register; (ii) submit with your | ||||||
15 | registration a certified copy of the birth parent's birth | ||||||
16 | certificate; (iii) submit a certified copy of the birth | ||||||
17 | parent's death certificate; and (iv) if you are a | ||||||
18 | non-surrendered birth sibling or a sibling of the deceased | ||||||
19 | birth parent, also submit a certified copy of your birth | ||||||
20 | certificate with this registration. No application from a | ||||||
21 | surviving relative of a deceased birth parent can be accepted | ||||||
22 | if the birth parent filed a Denial of Information Exchange | ||||||
23 | prior to his or her death.)
| ||||||
24 | ................................
| ||||||
25 | (signature of birth parent's surviving relative)
|
| |||||||
| |||||||
1 | ............ ............ | ||||||
2 | (date) (printed name of birth | ||||||
3 | parent's surviving relative)
| ||||||
4 | (c-5) The form of the Registration Identification Form for | ||||||
5 | Surviving Relatives of Deceased Adopted or Surrendered Persons | ||||||
6 | shall be substantially as follows:
| ||||||
7 | REGISTRATION IDENTIFICATION FORM FOR
| ||||||
8 | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||||||
9 | (Insert all known information)
| ||||||
10 | I, ....., state the following:
| ||||||
11 | Adopted or surrendered person's name at birth (if known): | ||||||
12 | (first) ..... (middle) ..... (last), .....(birth | ||||||
13 | date), ..... (city and state of birth), ...... (sex), | ||||||
14 | ..... (race). | ||||||
15 | Adopted or surrendered person's date of death:
| ||||||
16 | My relationship to the deceased adopted or surrendered | ||||||
17 | person(check one): (adoptive mother) (adoptive father) (adult | ||||||
18 | child) (surviving spouse).
| ||||||
19 | If you are an adult child or surviving spouse of the adopted or | ||||||
20 | surrendered person, provide name(s) at birth and age(s) of the | ||||||
21 | children of the adopted or surrendered person. If the adopted | ||||||
22 | or surrendered person had more than one child, please give | ||||||
23 | information requested below on reverse side of this form. | ||||||
24 | Name (first) ..... (middle) ..... (last), .....(birth | ||||||
25 | date), ..... (city and state of birth), ...... (sex), |
| |||||||
| |||||||
1 | ..... (race). | ||||||
2 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
3 | (last), .....(race), (first) ..... (middle) ..... | ||||||
4 | (last), .....(race).
| ||||||
5 | My child/parent/deceased spouse was surrendered for | ||||||
6 | adoption to .....(name of agency) City and state of agency | ||||||
7 | ..... Date ..... (approximate) Other identifying | ||||||
8 | information ..... (Please note that you must: (i) be at | ||||||
9 | least 21 years of age to register; (ii) submit with your | ||||||
10 | registration a certified copy of the adopted or surrendered | ||||||
11 | person's death certificate; (iii) if you are the child of a | ||||||
12 | deceased adopted or surrendered person, also submit a | ||||||
13 | certified copy of your birth certificate with this | ||||||
14 | registration; and (iv) if you are the surviving wife or | ||||||
15 | husband of a deceased adopted or surrendered person, also | ||||||
16 | submit a copy of your marriage certificate with this | ||||||
17 | registration. No application from a surviving relative of a | ||||||
18 | deceased adopted or surrendered person can be accepted if | ||||||
19 | the adopted or surrendered person filed a Denial of | ||||||
20 | Information Exchange prior to his or her death.)
| ||||||
21 | ................................
| ||||||
22 | (signature of adopted or surrendered person's surviving
| ||||||
23 | relative)
| ||||||
24 | ............ ............ |
| |||||||
| |||||||
1 | (date) (printed name of adopted
| ||||||
2 | person's surviving relative)
| ||||||
3 | (d) The form of the Information Exchange Authorization | ||||||
4 | shall be
substantially
as follows:
| ||||||
5 | INFORMATION EXCHANGE AUTHORIZATION
| ||||||
6 | I, ....., state that I am the person who completed the | ||||||
7 | Registration
Identification; that I am of the age of ..... | ||||||
8 | years; that I hereby
authorize the Department of Public Health | ||||||
9 | to give to the following person(s)
(birth mother
)
(birth | ||||||
10 | father) (birth sibling) (adopted or surrendered person
) | ||||||
11 | (adoptive mother) (adoptive father) (legal guardian of an | ||||||
12 | adopted or surrendered person) (birth aunt) (birth uncle) | ||||||
13 | (adult child of a deceased adopted or surrendered person) | ||||||
14 | (surviving spouse of a deceased adopted or surrendered person) | ||||||
15 | (all eligible relatives) the following
(please check the
| ||||||
16 | information
authorized for exchange):
| ||||||
17 | [ ] 1. Only my name and last known address.
| ||||||
18 | [ ] 2. A copy of my Illinois Adoption Registry | ||||||
19 | Application.
| ||||||
20 | [ ] 3. A non-certified copy of the adopted or | ||||||
21 | surrendered person's original certificate of live birth | ||||||
22 | (check only if you are an adopted or surrendered person or | ||||||
23 | the surviving adult child or surviving spouse of a deceased | ||||||
24 | adopted or surrendered person).
| ||||||
25 | [ ] 4. A copy of my completed medical questionnaire.
|
| |||||||
| |||||||
1 | I am fully aware that I can only be supplied with
| ||||||
2 | information about an individual or individuals who have
duly
| ||||||
3 | executed an Information Exchange Authorization that
has
not | ||||||
4 | been revoked or, if I am an adopted or surrendered person, from | ||||||
5 | a birth parent who completed a Birth Parent Preference Form and | ||||||
6 | did not prohibit the release of his or her identity to me; that | ||||||
7 | I can be contacted by writing to: ..... (own name or
name of | ||||||
8 | person to contact) (address) (phone number).
| ||||||
9 | NOTE: New IARMIE registrants who do not complete a Medical | ||||||
10 | Information Exchange Questionnaire and release a copy of their | ||||||
11 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
12 | registration fee. | ||||||
13 | Dated (insert date).
| ||||||
14 | .............. | ||||||
15 | (signature)
| ||||||
16 | (e) The form of the Denial of Information Exchange shall be
| ||||||
17 | substantially as follows:
| ||||||
18 | DENIAL OF INFORMATION EXCHANGE
| ||||||
19 | I, ....., state that I am the person who completed the | ||||||
20 | Registration
Identification; that I am of the age of ..... | ||||||
21 | years; that I hereby
instruct the Department of Public Health | ||||||
22 | not to give any identifying
information about me to the | ||||||
23 | following person(s)
(birth mother) (birth father) (birth | ||||||
24 | sibling)(adopted or surrendered person)(adoptive mother) | ||||||
25 | (adoptive father)(legal guardian of an adopted or surrendered |
| |||||||
| |||||||
1 | person)(birth aunt)(birth uncle)(adult child of a deceased | ||||||
2 | adopted or surrendered person) (surviving spouse of a deceased | ||||||
3 | adopted or surrendered person) (all eligible relatives).
| ||||||
4 | I do/do not (circle appropriate response) authorize the | ||||||
5 | Registry to release a copy of my completed Medical Information | ||||||
6 | Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||||||
7 | New IARMIE registrants who do not complete a Medical | ||||||
8 | Information Exchange Questionnaire and release a copy of their | ||||||
9 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
10 | registration fee.
Birth parents filing a Denial of Information | ||||||
11 | Exchange are advised that, under Illinois law, an adult adopted | ||||||
12 | person may initiate a search for a birth parent who has filed a | ||||||
13 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
14 | on which Option E was selected through the State confidential | ||||||
15 | intermediary program once 5 years have elapsed since the filing | ||||||
16 | of the Denial of Information Exchange or Birth Parent | ||||||
17 | Preference Form.
| ||||||
18 | Dated (insert date).
| ||||||
19 | ............... | ||||||
20 | (signature)
| ||||||
21 | (f) The form of the Birth Parent Preference Form shall be | ||||||
22 | substantially as follows: | ||||||
23 | In recognition of the basic right of all persons to access | ||||||
24 | their birth records, Illinois law now provides for the release | ||||||
25 | of original birth certificates to adopted and surrendered |
| |||||||
| |||||||
1 | persons 21 years of age or older upon request. While many birth | ||||||
2 | parents are comfortable sharing their identities or initiating | ||||||
3 | contact with their birth sons and daughters once they have | ||||||
4 | reached adulthood, Illinois law also recognizes that there may | ||||||
5 | be unique situations where a birth parent might have a | ||||||
6 | compelling reason for not wishing to establish contact with a | ||||||
7 | birth son or birth daughter or for not wishing to release | ||||||
8 | identifying information that appears on the original birth | ||||||
9 | certificate of a birth son or birth daughter who has reached | ||||||
10 | adulthood. The Illinois Adoption Registry and Medical | ||||||
11 | Information Exchange (IARMIE) has therefore established the | ||||||
12 | attached form to allow birth parents to express their | ||||||
13 | preferences regarding contact; and, if their birth child was | ||||||
14 | born on or after January 1, 1946, to express their wishes | ||||||
15 | regarding the sharing of identifying information listed on the | ||||||
16 | original birth certificate with an adult adopted or surrendered | ||||||
17 | person who has reached the age of 21 or his or her surviving | ||||||
18 | relatives. | ||||||
19 | In selecting one of the 5 options below, birth parents | ||||||
20 | should keep in mind that the decision to deny an adult adopted | ||||||
21 | or surrendered person access to identifying information on his | ||||||
22 | or her original birth record and/or information about | ||||||
23 | genetically-transmitted diseases is an important decision that | ||||||
24 | may impact the adopted or surrendered person's life in many | ||||||
25 | ways. A request for anonymity on this form only pertains to | ||||||
26 | information that is provided to an adult adopted or surrendered |
| |||||||
| |||||||
1 | person or his or her surviving relatives through the Registry. | ||||||
2 | This will not prevent the disclosure of identifying information | ||||||
3 | that may be available to the adoptee through his or her | ||||||
4 | adoptive parents and/or other means available to him or her. | ||||||
5 | Birth parents who would prefer not to be contacted by their | ||||||
6 | surrendered son or daughter are strongly urged to complete both | ||||||
7 | the Non-Identifying Information Section included on the final | ||||||
8 | page of the attached form and the Medical Questionnaire in | ||||||
9 | order to provide their surrendered son or daughter with the | ||||||
10 | background information he or she may need to better understand | ||||||
11 | his or her origins. Birth parents whose birth son or birth | ||||||
12 | daughter is under 21 years of age at the time of the completion | ||||||
13 | of this form are reminded that no original birth certificate | ||||||
14 | will be released by the IARMIE before an adoptee has reached | ||||||
15 | the age of 21. Should you need additional assistance in | ||||||
16 | completing this form, please contact the agency that handled | ||||||
17 | the adoption, if applicable, or the Illinois Adoption Registry | ||||||
18 | and Medical Information Exchange at 877-323-5299. | ||||||
19 | After careful consideration, I have made the following | ||||||
20 | decision regarding contact with my birth son/birth daughter, | ||||||
21 | (insert birth son's/birth daughter's name at birth, if | ||||||
22 | applicable) ......, who was born in (insert city/town of birth) | ||||||
23 | ...... on (insert date of birth)...... and the release of my | ||||||
24 | identifying information as it appears on his/her original birth | ||||||
25 | certificate when he/she reaches the age of 21, and I have | ||||||
26 | chosen Option ...... (insert A, B, C, D, or E, as applicable). |
| |||||||
| |||||||
1 | I realize that this form must be accompanied by a completed | ||||||
2 | IARMIE application form as well as a Medical Information | ||||||
3 | Exchange Questionnaire or the $15 registration fee. I am also | ||||||
4 | aware that I may revoke this decision at any time by completing | ||||||
5 | a new Birth Parent Preference Form and filing it with the | ||||||
6 | IARMIE. I understand that it is my responsibility to update the | ||||||
7 | IARMIE with any changes to contact information provided below. | ||||||
8 | I also understand that, while preferences regarding the release | ||||||
9 | of identifying information through the Registry are binding | ||||||
10 | unless the law should change in the future, any selection I | ||||||
11 | have made regarding my preferred method of contact is not. | ||||||
12 | ... | ||||||
13 | (Signature/Date)
| ||||||
14 | (Please insert your signature and today's date above, as well | ||||||
15 | as under your chosen option, A, B, C, D, or E below.)
| ||||||
16 | Option A. My birth son or birth daughter was born on or after | ||||||
17 | January 1, 1946, and I agree to the release of my identifying | ||||||
18 | information as it appears on my birth son's/birth daughter's | ||||||
19 | original birth certificate, OR my birth son or birth daughter | ||||||
20 | was born prior to January 1, 1946. I would welcome direct | ||||||
21 | contact with my birth son/birth daughter when he or she has | ||||||
22 | reached the age of 21. In addition, before my birth son or | ||||||
23 | birth daughter has reached the age of 21 or in the event of his | ||||||
24 | or her death, I would welcome contact with the following |
| |||||||
| |||||||
1 | relatives of my birth child (circle all that apply): adoptive | ||||||
2 | mother, adoptive father, surviving spouse, surviving adult | ||||||
3 | child. I wish to be contacted at the following mailing address, | ||||||
4 | email address or phone number: | ||||||
5 | .............................. | ||||||
6 | ............................................................. | ||||||
7 | ............................................................. | ||||||
8 | ............................................................. | ||||||
9 | (Signature/Date)
| ||||||
10 | Option B. My birth son or birth daughter was born on or after | ||||||
11 | January 1, 1946, and I agree to the release of my identifying | ||||||
12 | information as it appears on my birth son's/birth daughter's | ||||||
13 | original birth certificate, OR my birth son or birth daughter | ||||||
14 | was born prior to January 1, 1946. I would welcome contact with | ||||||
15 | my birth son/birth daughter when he or she has reached the age | ||||||
16 | of 21. In addition, before my birth son or birth daughter has | ||||||
17 | reached the age of 21 or in the event of his or her death, I | ||||||
18 | would welcome contact with the following relatives of my birth | ||||||
19 | child (circle all that apply): adoptive mother, adoptive | ||||||
20 | father, surviving spouse, surviving adult child. I would prefer | ||||||
21 | to be contacted through the following person. (Insert name and | ||||||
22 | mailing address, email address or phone number of chosen | ||||||
23 | contact person.) | ||||||
24 | ............................................ | ||||||
25 | ............................................................. |
| |||||||
| |||||||
1 | (Signature/Date)
| ||||||
2 | Option C. My birth son or birth daughter was born on or after | ||||||
3 | January 1, 1946, and I agree to the release of my identifying | ||||||
4 | information as it appears on my birth son's/birth daughter's | ||||||
5 | original birth certificate, OR my birth son or birth daughter | ||||||
6 | was born prior to January 1, 1946. I would welcome contact with | ||||||
7 | my birth son/birth daughter when he or she has reached the age | ||||||
8 | of 21. In addition, before my birth son or birth daughter has | ||||||
9 | reached the age of 21 or in the event of his or her death, I | ||||||
10 | would welcome contact with the following relatives of my birth | ||||||
11 | child (circle all that apply): adoptive mother, adoptive | ||||||
12 | father, surviving spouse, surviving adult child. I would prefer | ||||||
13 | to be contacted through the Illinois Confidential Intermediary | ||||||
14 | Program (please call 800-526-9022 for additional information) | ||||||
15 | or through the agency that handled the adoption. (Insert agency | ||||||
16 | name, address and phone number, if applicable.) | ||||||
17 | ............. | ||||||
18 | ............................................................. | ||||||
19 | (Signature/Date)
| ||||||
20 | Option D. My birth son or birth daughter was born on or after | ||||||
21 | January 1, 1946, and I agree to the release of my identifying | ||||||
22 | information as it appears on my birth son's/birth daughter's | ||||||
23 | original birth certificate when he or she has reached the age | ||||||
24 | of 21, OR my birth son or birth daughter was born prior to |
| |||||||
| |||||||
1 | January 1, 1946. I would prefer not to be contacted by my birth | ||||||
2 | son/birth daughter or his or her adoptive parents or surviving | ||||||
3 | relatives. | ||||||
4 | ................................................... | ||||||
5 | (Signature/Date)
| ||||||
6 | Option E. My birth son or birth daughter was born on or after | ||||||
7 | January 1, 1946, and I wish to prohibit the release of my | ||||||
8 | (circle ALL applicable options) first name, last name, last | ||||||
9 | known address, birth son/birth daughter's last name (if last | ||||||
10 | name listed is same as mine), as they appear on my birth | ||||||
11 | son's/birth daughter's original birth certificate and do not | ||||||
12 | wish to be contacted by my birth son/birth daughter when he or | ||||||
13 | she has reached the age of 21. If there were any special | ||||||
14 | circumstances that played a role in your decision to remain | ||||||
15 | anonymous which you would like to share with your birth | ||||||
16 | son/birth daughter, please list them in the space provided | ||||||
17 | below (optional). | ||||||
18 | ........................................... | ||||||
19 | ............................................................. | ||||||
20 | I understand that, although I have chosen to prohibit the | ||||||
21 | release of my identity on the non-certified copy of the | ||||||
22 | original birth certificate released to my birth son/birth | ||||||
23 | daughter, he or she may request that a court-appointed | ||||||
24 | confidential intermediary contact me to request updated | ||||||
25 | medical information and/or confirm my desire to remain |
| |||||||
| |||||||
1 | anonymous once 5 years have elapsed since the signing of this | ||||||
2 | form; at the time of this subsequent search, I wish to be | ||||||
3 | contacted through the person named below. (Insert in blank area | ||||||
4 | below the name and phone number of the contact person, or leave | ||||||
5 | it blank if you wish to be contacted directly.) I also | ||||||
6 | understand that this request for anonymity shall expire upon my | ||||||
7 | death. | ||||||
8 | ...................................................... | ||||||
9 | ............................................................. | ||||||
10 | (Signature/Date)
| ||||||
11 | NOTE: A copy of this form will be forwarded to your birth son | ||||||
12 | or birth daughter should he or she file a request for his or | ||||||
13 | her original birth certificate with the IARMIE. However, if you | ||||||
14 | have selected Option E, identifying information, per your | ||||||
15 | specifications above, will be deleted from the copy of this | ||||||
16 | form forwarded to your birth son or daughter during your | ||||||
17 | lifetime. In the event that an adopted or surrendered person is | ||||||
18 | deceased, his or her surviving adult children may request a | ||||||
19 | copy of the adopted or surrendered person's original birth | ||||||
20 | certificate providing they have registered with the IARMIE; the | ||||||
21 | copy of this form and the non-certified copy of the original | ||||||
22 | birth certificate forwarded to the surviving child of the | ||||||
23 | adopted or surrendered person shall be redacted per your | ||||||
24 | specifications on this form during your lifetime. | ||||||
25 | Non-Identifying Information Section
|
| |||||||
| |||||||
1 | I wish to voluntarily provide the following non-identifying | ||||||
2 | information to my birth son or birth daughter:
| ||||||
3 | My age at the time of my child's birth was .........
| ||||||
4 | My race is best described as: .......................... | ||||||
5 | My height is: ......... | ||||||
6 | My body type is best described as (circle one): slim, average, | ||||||
7 | muscular, a few extra pounds, or more than a few extra pounds.
| ||||||
8 | My natural hair color is/was: .................. | ||||||
9 | My eye color is: .................. | ||||||
10 | My religion is best described as: ..................
| ||||||
11 | My ethnic background is best described as: ..................
| ||||||
12 | My educational level is closest to (circle applicable | ||||||
13 | response): completed elementary school, graduated from | ||||||
14 | high school, attended college, earned bachelor's degree, | ||||||
15 | earned master's degree, earned doctoral degree.
| ||||||
16 | My occupation is best described as .................. | ||||||
17 | My hobbies include .................. | ||||||
18 | My interests include .................. | ||||||
19 | My talents include .................. | ||||||
20 | In addition to my surrendered son or daughter, I also | ||||||
21 | am the biological parent of (insert number) ....... boys and | ||||||
22 | (insert number) ....... girls, of whom (insert number) ....... | ||||||
23 | are still living.
| ||||||
24 | The relationship between me and my child's birth mother/birth | ||||||
25 | father would best be described as (circle appropriate | ||||||
26 | response): husband and wife, ex-spouses, boyfriend and |
| |||||||
| |||||||
1 | girlfriend, casual acquaintances, other (please specify) | ||||||
2 | .............. | ||||||
3 | (g) The form of the Request for a Non-Certified Copy of an | ||||||
4 | Original Birth Certificate shall be substantially as follows: | ||||||
5 | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | ||||||
6 | CERTIFICATE | ||||||
7 | I, (requesting party's full name) ....., hereby request a | ||||||
8 | non-certified copy of (check appropriate option) ..... my | ||||||
9 | original birth certificate ..... the original birth | ||||||
10 | certificate of my deceased adopted or surrendered parent ..... | ||||||
11 | the original birth certificate of my deceased adopted or | ||||||
12 | surrendered spouse (insert deceased parent's/deceased spouse's | ||||||
13 | name at adoption) ...... I/my deceased parent/my deceased | ||||||
14 | spouse was born in (insert city and county of adopted or | ||||||
15 | surrendered person's birth) ..... on ..... (insert adopted or | ||||||
16 | surrendered person's date of birth). In the event that one or | ||||||
17 | both of my/my deceased parent's/my deceased spouse's birth | ||||||
18 | parents has requested that their identity not be released to | ||||||
19 | me/to my deceased parent/to my deceased spouse, I wish to | ||||||
20 | (check appropriate option) ..... a. receive a non-certified | ||||||
21 | copy of the original birth certificate from which identifying | ||||||
22 | information pertaining to the birth parent who requested | ||||||
23 | anonymity has been deleted; or ..... b. I do not wish to | ||||||
24 | received an altered copy of the original birth certificate. | ||||||
25 | Dated (insert date). | ||||||
26 | ................... |
| |||||||
| |||||||
1 | (signature)
| ||||||
2 | (h) Any Information Exchange Authorization, Denial of | ||||||
3 | Information
Exchange, or Birth Parent Preference Form filed | ||||||
4 | with the Registry, or Request for a Non-Certified Copy of an | ||||||
5 | Original Birth Certificate filed with the Registry by a | ||||||
6 | surviving adult child or surviving spouse of a deceased adopted | ||||||
7 | or surrendered person, shall be acknowledged by the person who | ||||||
8 | filed it before a notary
public, in form
substantially as | ||||||
9 | follows:
| ||||||
10 | State of ..............
| ||||||
11 | County of .............
| ||||||
12 | I, a Notary Public, in and for the said County, in the | ||||||
13 | State aforesaid,
do hereby certify that ............... | ||||||
14 | personally known to me to be the
same person whose name is | ||||||
15 | subscribed to the foregoing certificate of
acknowledgement, | ||||||
16 | appeared before me in person and acknowledged that (he or
she) | ||||||
17 | signed such certificate as (his or her) free and voluntary act | ||||||
18 | and
that the statements in such certificate are true.
| ||||||
19 | Given under my hand and notarial seal on (insert date).
| ||||||
20 | .........................
| ||||||
21 | (signature)
| ||||||
22 | (i) When the execution of an Information Exchange
| ||||||
23 | Authorization, Denial of Information Exchange, or Birth Parent | ||||||
24 | Preference Form or Request for a Non-Certified Copy of an |
| |||||||
| |||||||
1 | Original Birth Certificate completed by a surviving adult child | ||||||
2 | or surviving spouse of a deceased adopted or surrendered person | ||||||
3 | is acknowledged before a
representative of an agency, such | ||||||
4 | representative shall have his signature
on said Certificate | ||||||
5 | acknowledged before a notary public, in form substantially
as | ||||||
6 | follows:
| ||||||
7 | State of..........
| ||||||
8 | County of.........
| ||||||
9 | I, a Notary Public, in and for the said County, in the | ||||||
10 | State aforesaid,
do hereby certify that ..... personally known | ||||||
11 | to me to be the same person
whose name is subscribed to the | ||||||
12 | foregoing certificate of acknowledgement,
appeared before me | ||||||
13 | in person and acknowledged that (he or she) signed such
| ||||||
14 | certificate as (his or her) free and voluntary act and that the | ||||||
15 | statements
in such certificate are true.
| ||||||
16 | Given under my hand and notarial seal on (insert date).
| ||||||
17 | .......................
| ||||||
18 | (signature)
| ||||||
19 | (j) When an Illinois Adoption Registry Application,
| ||||||
20 | Information
Exchange Authorization, Denial of
Information | ||||||
21 | Exchange, Birth Parent Preference Form, or Request for a | ||||||
22 | Non-Certified Copy of an Original Birth Certificate completed | ||||||
23 | by a surviving adult child or surviving spouse of a deceased | ||||||
24 | adopted or surrendered person is executed in a foreign country, | ||||||
25 | the
execution of such
document shall be acknowledged or |
| |||||||
| |||||||
1 | affirmed before an officer of the United
States consular | ||||||
2 | services.
| ||||||
3 | (k) If the person signing an Information Exchange
| ||||||
4 | Authorization, Denial of Information, Birth Parent Preference | ||||||
5 | Form, or Request for a Non-Certified Copy of an Original Birth | ||||||
6 | Certificate completed by a surviving adult child or surviving | ||||||
7 | spouse of a deceased adopted or surrendered person is in the | ||||||
8 | military service of the
United States, the execution of such | ||||||
9 | document may be acknowledged before a
commissioned officer and | ||||||
10 | the signature of such officer on such certificate
shall be | ||||||
11 | verified or acknowledged before a notary public or by such | ||||||
12 | other
procedure as is then in effect for such division or | ||||||
13 | branch of the armed forces.
| ||||||
14 | (l) An adopted or surrendered person , surviving adult | ||||||
15 | child, adult grandchild, or surviving spouse who completes a | ||||||
16 | Request For a Non-Certified Copy of the Original Birth | ||||||
17 | Certificate shall meet the same filing requirements and pay the | ||||||
18 | same filing fees as a non-adopted person seeking to obtain a | ||||||
19 | copy of his or her original birth certificate.
| ||||||
20 | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11 .)
| ||||||
21 | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| ||||||
22 | Sec. 18.3a. Confidential intermediary.
| ||||||
23 | (a) General purposes.
Notwithstanding any other provision | ||||||
24 | of
this Act, | ||||||
25 | (1) any
adopted or surrendered person 21 years of age |
| |||||||
| |||||||
1 | or over ; or , | ||||||
2 | (2) any adoptive parent or legal guardian
of
an adopted | ||||||
3 | or surrendered person under the age of 21 ; or , | ||||||
4 | (3) or any birth parent of an adopted
or surrendered | ||||||
5 | person who is 21 years of age or over ; or | ||||||
6 | (4) any adult child or adult grandchild of a deceased | ||||||
7 | adopted or surrendered person; or | ||||||
8 | (5) any adoptive parent or surviving spouse of a | ||||||
9 | deceased adopted or surrendered person; or | ||||||
10 | (6) any adult birth sibling of the adult adopted or | ||||||
11 | surrendered person unless the birth parent has checked | ||||||
12 | Option E on the Birth Parent Preference Form or has filed a | ||||||
13 | Denial of Information Exchange with the Registry and is not | ||||||
14 | deceased; or | ||||||
15 | (7) any adult adopted birth sibling of an adult adopted | ||||||
16 | or surrendered person; or | ||||||
17 | (8) any adult birth sibling of the birth parent if the | ||||||
18 | birth parent is deceased | ||||||
19 | may petition the court in any county in
the
State of Illinois | ||||||
20 | for appointment of a confidential intermediary as provided in
| ||||||
21 | this Section for the purpose of exchanging medical information | ||||||
22 | with one or
more mutually consenting biological relatives, | ||||||
23 | obtaining identifying
information about one or more mutually | ||||||
24 | consenting biological relatives, or
arranging contact with one | ||||||
25 | or more mutually consenting biological relatives.
The | ||||||
26 | petitioner Additionally, in cases where an adopted or |
| |||||||
| |||||||
1 | surrendered person is deceased,
an adult child of the adopted
| ||||||
2 | or surrendered person or his or her adoptive parents or | ||||||
3 | surviving spouse may file a petition under this Section and in | ||||||
4 | cases
where the birth parent is deceased,
an adult birth | ||||||
5 | sibling of the adopted or surrendered person or of the deceased | ||||||
6 | birth parent
may
file a petition under this Section for the | ||||||
7 | purpose of exchanging medical
information with one or more | ||||||
8 | mutually consenting biological relatives of the adopted or | ||||||
9 | surrendered person,
obtaining identifying information about | ||||||
10 | one or more mutually consenting
biological relatives of the | ||||||
11 | adopted or surrendered person, or arranging contact with one or | ||||||
12 | more mutually
consenting biological relatives of the adopted or | ||||||
13 | surrendered person. Beginning January 1, 2006, any adopted or | ||||||
14 | surrendered person 21 years of age or over; any adoptive parent | ||||||
15 | or legal guardian of an adopted or surrendered person under the | ||||||
16 | age of 21; any birth parent, birth sibling, birth aunt, or | ||||||
17 | birth uncle of an adopted or surrendered person over the age of | ||||||
18 | 21; any surviving child, adoptive parent, or surviving spouse | ||||||
19 | of a deceased adopted or surrendered person who wishes to | ||||||
20 | petition the court for the appointment of a confidential | ||||||
21 | intermediary shall be required to accompany his or her their | ||||||
22 | petition with proof of registration with the Illinois Adoption | ||||||
23 | Registry and Medical Information Exchange.
| ||||||
24 | (b) Petition. Upon petition , by an adopted or surrendered
| ||||||
25 | person 21 years of age or over (an "adult adopted or | ||||||
26 | surrendered person"), an
adoptive parent or legal guardian of |
| |||||||
| |||||||
1 | an adopted or surrendered person under the age of 21,
or a | ||||||
2 | birth parent of an adopted or surrendered person who is 21 | ||||||
3 | years of age or over, the
court
shall appoint a confidential | ||||||
4 | intermediary. Upon petition by
an adult child, adoptive parent | ||||||
5 | or surviving spouse of an adopted or surrendered person who is | ||||||
6 | deceased, by an adult birth sibling of an adopted or | ||||||
7 | surrendered person
whose common birth parent is deceased
and | ||||||
8 | whose adopted or surrendered birth sibling is 21 years of age | ||||||
9 | or over, or by an adult sibling of a birth parent who is | ||||||
10 | deceased,
and whose surrendered child is 21 years of age or | ||||||
11 | over, the court may appoint a confidential
intermediary if the | ||||||
12 | court finds that the disclosure is of greater benefit than
| ||||||
13 | nondisclosure.
The petition shall state which biological | ||||||
14 | relative
or
relatives are being sought and shall indicate if | ||||||
15 | the petitioner wants to do any
one or more of the following as | ||||||
16 | to the sought-after relative or relatives : exchange medical | ||||||
17 | information with the
biological relative or relatives, obtain | ||||||
18 | identifying information from the
biological relative or | ||||||
19 | relatives, or to arrange contact with the biological
relative.
| ||||||
20 | (c) Order. The order appointing the confidential | ||||||
21 | intermediary shall allow
that
intermediary to conduct a search | ||||||
22 | for the sought-after relative by accessing
those records | ||||||
23 | described in subsection (g) of this Section.
| ||||||
24 | (d) Fees and expenses. The court shall not condition the | ||||||
25 | appointment of the
confidential intermediary on the payment of | ||||||
26 | the intermediary's
fees and expenses in advance of the |
| |||||||
| |||||||
1 | commencement of the work of the
confidential intermediary. No | ||||||
2 | fee shall be charged if the petitioner is an adult adopted or | ||||||
3 | surrendered person and the sought-after relative is a birth | ||||||
4 | parent who filed or who did not file a Denial with the Registry | ||||||
5 | prior to January 1, 2011, or filed a Birth Parent Preference | ||||||
6 | Form on which Option E was selected after January 1, 2011 and | ||||||
7 | more than 5 years have transpired since the birth parent filed | ||||||
8 | the Denial of Information Exchange or Birth Parent Preference | ||||||
9 | Form on which Option E was selected.
| ||||||
10 | (e) Eligibility of intermediary. The court may appoint as | ||||||
11 | confidential
intermediary any
person certified by the | ||||||
12 | Department of Children and Family Services as qualified to | ||||||
13 | serve as a confidential
intermediary.
Certification shall be | ||||||
14 | dependent upon the
confidential intermediary completing a | ||||||
15 | course of training including, but not
limited to, applicable | ||||||
16 | federal and State privacy laws.
| ||||||
17 | (f) (Blank).
| ||||||
18 | (g) Confidential intermediary access to information | ||||||
19 | Access . Subject to the limitations of subsection (i) of this
| ||||||
20 | Section, the
confidential
intermediary shall have access to | ||||||
21 | vital records or a comparable public entity that maintains | ||||||
22 | vital records in another state in accordance with that state's | ||||||
23 | laws, maintained by the Department of
Public Health and its | ||||||
24 | local designees for the maintenance of vital records , or a | ||||||
25 | comparable public entity that maintains vital records in | ||||||
26 | another state in accordance with that state's laws , and
all |
| |||||||
| |||||||
1 | records of the court or any adoption agency,
public
or private, | ||||||
2 | as limited in this Section, which relate to the adoption or the | ||||||
3 | identity and location of an
adopted or surrendered person, of | ||||||
4 | an adult child or surviving spouse of a deceased adopted or | ||||||
5 | surrendered person, or of a birth
parent, birth sibling, or the | ||||||
6 | sibling of a deceased birth parent. The
confidential | ||||||
7 | intermediary shall not have access to any personal health
| ||||||
8 | information protected by the Standards for Privacy of | ||||||
9 | Individually
Identifiable Health Information adopted by the | ||||||
10 | U.S. Department of Health and
Human Services under the Health | ||||||
11 | Insurance Portability and Accountability Act of
1996 unless the | ||||||
12 | confidential intermediary has obtained written consent from | ||||||
13 | the
person whose information is being sought by an adult | ||||||
14 | adopted or surrendered person or, if that person is a minor | ||||||
15 | child,
that person's parent or guardian. Confidential
| ||||||
16 | intermediaries shall be authorized to inspect confidential | ||||||
17 | relinquishment and
adoption records. The confidential | ||||||
18 | intermediary shall not be authorized to
access medical
records, | ||||||
19 | financial records, credit records, banking records, home | ||||||
20 | studies,
attorney file records, or other personal records.
In | ||||||
21 | cases where a birth parent is being sought, an adoption agency | ||||||
22 | shall inform
the confidential intermediary of any statement | ||||||
23 | filed pursuant to Section 18.3, hereinafter referred to as "the | ||||||
24 | 18.3 statement",
indicating a desire of the surrendering birth | ||||||
25 | parent to have identifying
information shared or to not have | ||||||
26 | identifying information shared. If there was
a clear statement |
| |||||||
| |||||||
1 | of intent by the sought-after birth parent not to have
| ||||||
2 | identifying information shared, the confidential intermediary | ||||||
3 | shall discontinue
the search and inform the petitioning party | ||||||
4 | of the sought-after relative's
intent unless the birth parent | ||||||
5 | filed the 18.3 statement prior to the effective date of this | ||||||
6 | amendatory Act of the 96th General Assembly and more than 5 | ||||||
7 | years have elapsed since the filing of the 18.3 statement. If | ||||||
8 | the adult adopted or surrendered person is the subject of an | ||||||
9 | 18.3 statement indicating a desire not to establish contact | ||||||
10 | which was filed more than 5 years prior to the search request, | ||||||
11 | the confidential intermediary shall confirm the petitioner's | ||||||
12 | desire to continue the search. Information
provided to the | ||||||
13 | confidential intermediary by an adoption agency shall be
| ||||||
14 | restricted to the full name, date of birth, place of birth, | ||||||
15 | last known address,
last known telephone number of the | ||||||
16 | sought-after relative or, if applicable,
of the children or | ||||||
17 | siblings of the sought-after relative, and the 18.3 statement. | ||||||
18 | If the petitioner is an adult adopted or surrendered person or | ||||||
19 | the adoptive parent of a minor and if the petitioner has signed | ||||||
20 | a written authorization to disclose personal medical | ||||||
21 | information, an adoption agency disclosing information to a | ||||||
22 | confidential intermediary shall disclose available medical | ||||||
23 | information about the adopted or surrendered person from birth | ||||||
24 | through adoption.
| ||||||
25 | (h) Missing or lost original birth certificate; remedy. | ||||||
26 | Disclosure of information by the confidential intermediary |
| |||||||
| |||||||
1 | shall be consistent with the public policy and intent of laws | ||||||
2 | granting original birth certificate access as expressed in | ||||||
3 | Section 18.04 of this Act. The confidential intermediary shall | ||||||
4 | comply with the following procedures in disclosing information | ||||||
5 | to the petitioners: | ||||||
6 | (1) If the petitioner is an adult adopted or | ||||||
7 | surrendered person, or the adult child, adult grandchild, | ||||||
8 | or surviving spouse of a deceased adopted or surrendered | ||||||
9 | person, the confidential intermediary shall disclose: | ||||||
10 | (A) identifying information about the birth parent | ||||||
11 | of the adopted person which, in the ordinary course of | ||||||
12 | business, would have been reflected on the original | ||||||
13 | filed certificate of birth, as of the date of birth, | ||||||
14 | only if: | ||||||
15 | (i) the adopted person was born before January | ||||||
16 | 1, 1946 and the petitioner has requested a | ||||||
17 | non-certified copy of the adopted person's | ||||||
18 | original birth certificate under Section 18.1 of | ||||||
19 | this Act, and the Illinois Department of Public | ||||||
20 | Health has issued a certification that the | ||||||
21 | original birth certificate was not found, or the | ||||||
22 | petitioner has presented the confidential | ||||||
23 | intermediary with the non-certified copy of the | ||||||
24 | original birth certificate which omits the name of | ||||||
25 | the birth parent; | ||||||
26 | (ii) the adopted person was born after January |
| |||||||
| |||||||
1 | 1, 1946, and the petitioner has requested a | ||||||
2 | non-certified copy of the adopted person's | ||||||
3 | original birth certificate under Section 18.1 of | ||||||
4 | this Act and the Illinois Department of Public | ||||||
5 | Health has issued a certification that the | ||||||
6 | original birth certificate was not found. | ||||||
7 | In providing information pursuant to this | ||||||
8 | subdivision (h)(1)(A), the confidential intermediary | ||||||
9 | shall expressly inform the petitioner in writing that | ||||||
10 | since the identifying information is not from an | ||||||
11 | official original certificate of birth filed pursuant | ||||||
12 | to the Vital Records Act, the confidential | ||||||
13 | intermediary cannot attest to the complete accuracy of | ||||||
14 | the information and the confidential intermediary | ||||||
15 | shall not be liable if the information disclosed is not | ||||||
16 | accurate. Only information from the court files shall | ||||||
17 | be provided to the petitioner in this Section. If the | ||||||
18 | identifying information concerning a birth father is | ||||||
19 | sought by the petitioner, the confidential | ||||||
20 | intermediary shall disclose only the identifying | ||||||
21 | information of the birth father as defined in Section | ||||||
22 | 18.06 of this Act; | ||||||
23 | (B) the name of the child welfare agency which had | ||||||
24 | legal custody of the surrendered person or | ||||||
25 | responsibility for placing the surrendered person and | ||||||
26 | any available contact information for such agency; |
| |||||||
| |||||||
1 | (C) the name of the state in which the surrender | ||||||
2 | occurred or in which the adoption was finalized; and | ||||||
3 | (D) any information for which the sought-after | ||||||
4 | relative has provided his or her consent to disclose | ||||||
5 | under paragraphs (1) through (4) of subsection (i) of | ||||||
6 | this Section. | ||||||
7 | (2) If the petitioner is an adult adopted or | ||||||
8 | surrendered person, or the adoptive parent of an adult | ||||||
9 | adopted or surrendered person under the age of 21, or the | ||||||
10 | adoptive parent of a deceased adopted or surrendered | ||||||
11 | person, the confidential intermediary shall provide, in | ||||||
12 | addition to the information listed in paragraph (1) of this | ||||||
13 | subsection (h): | ||||||
14 | (A) any information which the adoption agency | ||||||
15 | provides pursuant to subsection (i) of this Section | ||||||
16 | pertaining to medical information about the adopted or | ||||||
17 | surrendered person; and | ||||||
18 | (B) any non-identifying information, as defined in | ||||||
19 | Section 18.4 of this Act, that is obtained during the | ||||||
20 | search. | ||||||
21 | (3) If the petitioner is not defined in paragraph (1) | ||||||
22 | or (2) of this subsection, the confidential intermediary | ||||||
23 | shall provide to the petitioner: | ||||||
24 | (A) any information for which the sought-after | ||||||
25 | relative has provided his or her consent under | ||||||
26 | paragraphs (1) through (4) of subsection (i) of this |
| |||||||
| |||||||
1 | Section; | ||||||
2 | (B) the name of the child welfare agency which had | ||||||
3 | legal custody of the surrendered person or | ||||||
4 | responsibility for placing the surrendered person and | ||||||
5 | any available contact information for such agency; and | ||||||
6 | (C) the name of the state in which the surrender | ||||||
7 | occurred or in which the adoption was finalized. | ||||||
8 | Adoption agency disclosure of medical information. If the | ||||||
9 | petitioner is
an adult adopted or surrendered person or the | ||||||
10 | adoptive parent of a
minor and if the petitioner has signed a | ||||||
11 | written authorization to disclose
personal medical | ||||||
12 | information, an adoption agency disclosing information to a
| ||||||
13 | confidential intermediary shall disclose available medical | ||||||
14 | information about
the adopted or surrendered person from birth | ||||||
15 | through adoption.
| ||||||
16 | (h-5) Disclosure of information shall be made by the | ||||||
17 | confidential intermediary at any time from the appointment of | ||||||
18 | the confidential intermediary and the court's issuance of an | ||||||
19 | order of dismissal. | ||||||
20 | (i) Duties of confidential intermediary in conducting a | ||||||
21 | search. In
conducting
a search under this Section, the | ||||||
22 | confidential intermediary shall first determine whether | ||||||
23 | confirm
that there is a no Denial of Information Exchange or a | ||||||
24 | Birth Parent Preference Form with Option E selected or an 18.3 | ||||||
25 | statement referenced in subsection (g) of this Section on file | ||||||
26 | with the Illinois
Adoption Registry. If the petitioner is an |
| |||||||
| |||||||
1 | adult child of an adopted or surrendered person
who is | ||||||
2 | deceased, the
confidential intermediary shall additionally | ||||||
3 | confirm that the adopted or surrendered person
did not file a | ||||||
4 | Denial of Information Exchange or a Birth Parent Preference | ||||||
5 | Form with Option E selected with the Illinois Adoption
Registry | ||||||
6 | during his or her life. If there is a Denial on file with the | ||||||
7 | Registry, the confidential intermediary must discontinue the | ||||||
8 | search unless the petitioner is an adult adopted or surrendered | ||||||
9 | person and the sought-after birth relative filed the Denial 5 | ||||||
10 | years or more prior to the search or the birth parent has not | ||||||
11 | been the object of a search through the State confidential | ||||||
12 | intermediary program for 10 or more years. If the petitioner is | ||||||
13 | an adult adopted or surrendered person and there is a denial, | ||||||
14 | the Birth Parent Preference Form on file with the Registry and | ||||||
15 | the birth parent who completed the form selected Option E, or | ||||||
16 | if there is an 18.3 statement indicating the birth parent's | ||||||
17 | intent not to have identifying information shared and the birth | ||||||
18 | parent did not later file an Information Exchange Authorization | ||||||
19 | with the Registry, the confidential intermediary must | ||||||
20 | discontinue the search unless 5 years or more have elapsed | ||||||
21 | since the execution filing of the Denial of Information | ||||||
22 | Exchange, Birth Parent Preference Form , or the 18.3 statement . | ||||||
23 | If the petitioner is an adult birth sibling of
an
adopted
or | ||||||
24 | surrendered person or an adult sibling of a birth parent who is | ||||||
25 | deceased,
the confidential intermediary shall
additionally | ||||||
26 | confirm that the birth parent did not file a Denial of |
| |||||||
| |||||||
1 | Information
Exchange or a Birth Parent Preference Form with | ||||||
2 | Option E selected with the Registry during his or her life. If | ||||||
3 | the confidential
intermediary learns that a sought-after birth | ||||||
4 | parent signed an 18.3 statement
indicating his or her intent | ||||||
5 | not to have identifying information shared, and
did not later | ||||||
6 | file an Information Exchange Authorization or a Birth Parent | ||||||
7 | Preference Form with the
Registry, the confidential | ||||||
8 | intermediary shall discontinue the search and inform
the | ||||||
9 | petitioning party of the birth parent's intent, unless the | ||||||
10 | petitioner is an adult adopted or surrendered person and 5 | ||||||
11 | years or more have elapsed since the birth parent signed the | ||||||
12 | statement indicating his or her intent not to have identifying | ||||||
13 | information shared. In cases where the birth parent filed a | ||||||
14 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
15 | where Option E was selected, or statement indicating his or her | ||||||
16 | intent not to have identifying information shared less than 5 | ||||||
17 | years prior to the search request and the petitioner is an | ||||||
18 | adult adopted or surrendered person, the confidential | ||||||
19 | intermediary shall inform the petitioner of the need to | ||||||
20 | discontinue the search until 5 years have elapsed since the | ||||||
21 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
22 | where Option E was selected, or statement
was filed; in cases | ||||||
23 | where a birth parent was previously the subject of a search | ||||||
24 | through the State confidential intermediary program, the | ||||||
25 | confidential intermediary shall inform the petitioner of the | ||||||
26 | need to discontinue the search until 10 years or more have |
| |||||||
| |||||||
1 | elapsed since the initial search was closed. In cases where a | ||||||
2 | birth parent has been the object of 2 searches through the | ||||||
3 | State confidential intermediary program, no subsequent search | ||||||
4 | for the birth parent shall be authorized absent a court order | ||||||
5 | to the contrary.
| ||||||
6 | In conducting a search under this Section, the confidential | ||||||
7 | intermediary
shall attempt to locate the relative or relatives | ||||||
8 | from whom the petitioner has
requested information. If the | ||||||
9 | sought-after relative is deceased
or cannot be located after a | ||||||
10 | diligent search, the
confidential intermediary may contact | ||||||
11 | other adult relatives of the
sought-after relative.
| ||||||
12 | The confidential intermediary shall contact a sought-after | ||||||
13 | relative on
behalf of the petitioner in a manner that respects | ||||||
14 | the sought-after relative's
privacy and shall inform the | ||||||
15 | sought-after relative of the petitioner's request
for medical | ||||||
16 | information, identifying information or contact as stated in | ||||||
17 | the
petition. Based upon the terms of the petitioner's request, | ||||||
18 | the confidential
intermediary shall contact a sought-after | ||||||
19 | relative on behalf of the petitioner
and inform the | ||||||
20 | sought-after relative of the following options:
| ||||||
21 | (1) The sought-after relative may totally reject one or | ||||||
22 | all of the
requests for medical information, identifying | ||||||
23 | information or
contact. The sought-after relative shall be | ||||||
24 | informed that they can
provide a medical questionnaire to | ||||||
25 | be forwarded to the petitioner
without releasing any | ||||||
26 | identifying information. The confidential
intermediary |
| |||||||
| |||||||
1 | shall inform the petitioner of the sought-after
relative's | ||||||
2 | decision to reject the sharing of information or contact.
| ||||||
3 | (2) The sought-after relative may consent to | ||||||
4 | completing a medical
questionnaire only. In this case, the | ||||||
5 | confidential intermediary
shall provide the questionnaire | ||||||
6 | and ask the sought-after relative to
complete it. The | ||||||
7 | confidential intermediary shall forward the
completed | ||||||
8 | questionnaire to the petitioner and inform the petitioner
| ||||||
9 | of the sought-after relative's desire to not provide any | ||||||
10 | additional
information.
| ||||||
11 | (3) The sought-after relative may communicate with the | ||||||
12 | petitioner
without having his or her identity disclosed. In | ||||||
13 | this case, the
confidential intermediary shall arrange the | ||||||
14 | desired communication
in a manner that protects the | ||||||
15 | identity of the sought-after relative.
The confidential | ||||||
16 | intermediary shall inform the petitioner of the
| ||||||
17 | sought-after relative's decision to communicate but not | ||||||
18 | disclose
his or her identity.
| ||||||
19 | (4) The sought-after relative may consent to initiate | ||||||
20 | contact with the
petitioner. The If both the petitioner and | ||||||
21 | the sought-after relative or
relatives are eligible to | ||||||
22 | register with the Illinois Adoption Registry,
the | ||||||
23 | confidential intermediary shall provide the necessary
| ||||||
24 | application forms and request that the sought-after | ||||||
25 | relative
register with the Illinois Adoption Registry. If | ||||||
26 | either the petitioner
or the sought-after relative or |
| |||||||
| |||||||
1 | relatives are ineligible to register
with the Illinois | ||||||
2 | Adoption Registry, the confidential intermediary
shall | ||||||
3 | obtain written consents from both parties that they wish to
| ||||||
4 | disclose their identities to each other and to have contact | ||||||
5 | with
each other.
| ||||||
6 | (j) Oath. The confidential intermediary shall sign an oath | ||||||
7 | of
confidentiality substantially as follows: "I, .........., | ||||||
8 | being duly sworn, on
oath depose and say: As a condition of | ||||||
9 | appointment as a confidential
intermediary, I affirm that:
| ||||||
10 | (1) I will not disclose to the petitioner,
directly or | ||||||
11 | indirectly, any confidential information
except in a | ||||||
12 | manner consistent with the
law.
| ||||||
13 | (2) I recognize that violation of this oath subjects me | ||||||
14 | to civil liability
and to a potential finding of contempt | ||||||
15 | of court.
................................
| ||||||
16 | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| ||||||
17 | date)
| ||||||
18 | ................................."
| ||||||
19 | (k) Sanctions.
| ||||||
20 | (1) Any confidential intermediary who improperly | ||||||
21 | discloses
confidential information identifying a | ||||||
22 | sought-after relative shall be liable to
the sought-after | ||||||
23 | relative for damages and may also be found in contempt of
| ||||||
24 | court.
| ||||||
25 | (2) Any person who learns a sought-after
relative's | ||||||
26 | identity, directly or indirectly, through the use of |
| |||||||
| |||||||
1 | procedures
provided in this Section and who improperly | ||||||
2 | discloses information identifying
the sought-after | ||||||
3 | relative shall be liable to the sought-after relative for
| ||||||
4 | actual damages plus minimum punitive damages of $10,000.
| ||||||
5 | (3) The Department shall fine any confidential | ||||||
6 | intermediary who improperly
discloses
confidential | ||||||
7 | information in violation of item (1) or (2) of this | ||||||
8 | subsection (k)
an amount up to $2,000 per improper | ||||||
9 | disclosure. This fine does not affect
civil liability under | ||||||
10 | item (2) of this subsection (k). The Department shall
| ||||||
11 | deposit all fines and penalties collected under this | ||||||
12 | Section into the Illinois
Adoption Registry and Medical | ||||||
13 | Information Fund.
| ||||||
14 | (l) Death of person being sought. Notwithstanding any other | ||||||
15 | provision
of this Act, if the confidential intermediary | ||||||
16 | discovers that the person
being sought has died, he or she | ||||||
17 | shall report this fact to the court,
along with a copy of the | ||||||
18 | death certificate. If the sought-after relative is a birth | ||||||
19 | parent, the confidential intermediary shall also forward a copy | ||||||
20 | of the birth parent's death certificate, if available, to the | ||||||
21 | Registry for inclusion in the Registry file.
| ||||||
22 | (m) Any confidential information obtained by the | ||||||
23 | confidential intermediary
during the course of his or her | ||||||
24 | search shall be kept strictly confidential
and shall be used | ||||||
25 | for the purpose of arranging contact between the
petitioner and | ||||||
26 | the sought-after birth relative. At the time the case is
|
| |||||||
| |||||||
1 | closed, all identifying information shall be returned to the | ||||||
2 | court for
inclusion in the impounded adoption file.
| ||||||
3 | (n) (Blank). If the petitioner is an adopted or surrendered | ||||||
4 | person 21 years of age or over or the
adoptive parent or legal | ||||||
5 | guardian of an adopted or surrendered person under the age
of | ||||||
6 | 21, any
non-identifying information, as defined in Section | ||||||
7 | 18.4, that is
ascertained during the course of the search may | ||||||
8 | be given in writing to
the petitioner at any time during the | ||||||
9 | search before the case is closed.
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10 | (o) Except as provided in subsection (k) of this Section, | ||||||
11 | no liability shall
accrue to
the State, any State agency, any | ||||||
12 | judge, any officer or employee of the
court, any certified | ||||||
13 | confidential intermediary, or any agency designated
to oversee | ||||||
14 | confidential intermediary services for acts, omissions, or
| ||||||
15 | efforts made in good faith within the scope of this Section.
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16 | (p) An adoption agency that has received a request from a | ||||||
17 | confidential intermediary for the full name, date of birth, | ||||||
18 | last known address, or last known telephone number of a | ||||||
19 | sought-after relative pursuant to subsection (g) of Section | ||||||
20 | 18.3a, or for medical information regarding a sought-after | ||||||
21 | relative pursuant to subsection (h) of Section 18.3a, must | ||||||
22 | satisfactorily comply with this court order within a period of | ||||||
23 | 45 days. The court shall order the adoption agency to reimburse | ||||||
24 | the petitioner in an amount equal to all payments made by the | ||||||
25 | petitioner to the confidential intermediary, and the adoption | ||||||
26 | agency shall be subject to a civil monetary penalty of $1,000 |
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1 | to be paid to the Department of Children and Family Services. | ||||||
2 | Following the issuance of a court order finding that the | ||||||
3 | adoption agency has not complied with Section 18.3, the | ||||||
4 | adoption agency shall be subject to a monetary penalty of $500 | ||||||
5 | per day for each subsequent day of non-compliance. Proceeds | ||||||
6 | from such fines shall be utilized by the Department of Children | ||||||
7 | and Family Services to subsidize the fees of petitioners as | ||||||
8 | referenced in subsection (d) of this Section. | ||||||
9 | (q) (Blank). Provide information to eligible petitioner. | ||||||
10 | The confidential intermediary may provide to eligible | ||||||
11 | petitioners as described in subsections (a) and (b) of this | ||||||
12 | Section, the name of the child welfare agency which had legal | ||||||
13 | custody of the surrendered person or responsibility for placing | ||||||
14 | the surrendered person and any available contact information | ||||||
15 | for such agency. In addition, the confidential intermediary may | ||||||
16 | provide to such petitioners the name of the state in which the | ||||||
17 | surrender occurred or in which the adoption was finalized. | ||||||
18 | Any reimbursements and fines, notwithstanding any | ||||||
19 | reimbursement directly to the petitioner, paid under this | ||||||
20 | subsection are in addition to other remedies a court may | ||||||
21 | otherwise impose by law. | ||||||
22 | The Department of Children and Family Services shall submit | ||||||
23 | reports to the Adoption Registry-Confidential Intermediary | ||||||
24 | Advisory Council by July 1 and January 1 of each year in order | ||||||
25 | to report the penalties assessed and collected under this | ||||||
26 | subsection, the amounts of related deposits into the DCFS |
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1 | Children's Services Fund, and any expenditures from such | ||||||
2 | deposits.
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3 | (Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10; | ||||||
4 | 97-110, eff. 7-14-11; 97-1063, eff. 1-1-13.)
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