96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1354


 
Introduced 2/10/2009, by Sen. Heather Steans
 
SYNOPSIS AS INTRODUCED:









  



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







 Amends the Vital Records Act. Adds a definition for "physician". Provides that any foreign physician submitting an affidavit shall submit proof of medical licensure along with the affidavit. Provides that an affidavit by a physician that he has conducted a physical examination of a person and that by reason of an operation previously performed on such person the sex designation on such person's birth record should be changed. Provides that the State Registrar of Vital
Records may make any investigation or require any further information he
deems necessary. Effective immediately.















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A BILL FOR









 











SB1354

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1
 AN ACT concerning public health.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Vital Records Act is amended by changing 
5
Section 17 as follows:




6
 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)


7
 Sec. 17. (1) For a person born in this State, the State 
8
Registrar of Vital
Records shall establish a new certificate of 
9
birth when he receives any of
the following:


10
  (a) A certificate of adoption as provided in Section 16 
11
 or a certified
copy of the order of adoption together with 
12
 the information necessary to
identify the original 
13
 certificate of birth and to establish the new
certificate 
14
 of birth; except that a new certificate of birth shall not 
15
 be
established if so requested by the court ordering the 
16
 adoption, the
adoptive parents, or the adopted person.


17
  (b) A certificate of adoption or a certified copy of 
18
 the order of
adoption entered in a court of competent 
19
 jurisdiction of any other state or
country declaring 
20
 adopted a child born in the State of Illinois, together

21
 with the information necessary to identify the original 
22
 certificate of
birth and to establish the new certificate 
23
 of birth; except that a new
certificate of birth shall not 
 


 






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1
 be established if so requested by the court
ordering the 
2
 adoption, the adoptive parents, or the adopted person.


3
  (c) A request that a new certificate be established and 
4
 such evidence as
required by regulation proving that such 
5
 person has been legitimatized, or
that the circuit court, 
6
 the Department of Healthcare and Family Services (formerly

7
 Illinois Department of Public Aid), or
a court or 
8
 administrative agency of any other state
has established

9
 the paternity of such a person
by judicial or 
10
 administrative processes or by voluntary acknowledgment,

11
 which is accompanied by the social security
numbers of all 
12
 persons determined and presumed to be the parents.


13
  (d) An affidavit by a physician that he has performed 
14
 an operation on a
person, and that by reason of the 
15
 operation the sex designation on such
person's birth record 
16
 should be changed. For purposes of this subsection (d), 
17
 "physician" means a person licensed to practice medicine in 
18
 Illinois, any other state, or any foreign state or country. 
19
 Any foreign physician submitting an affidavit under this 
20
 subsection (d) shall submit proof of medical licensure 
21
 along with the affidavit. The State Registrar of Vital

22
 Records may make any investigation or require any further 
23
 information he
deems necessary.

24
  (e) An affidavit by a physician that he has conducted a 
25
 physical examination of a person and that by reason of an 
26
 operation previously performed on such person the sex 
 


 






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1
 designation on such person's birth record should be 
2
 changed. The State Registrar of Vital
Records may make any 
3
 investigation or require any further information he
deems 
4
 necessary. 
5
 Each request for a new certificate of birth shall be 
6
accompanied by a fee
of $15 and entitles the applicant to one 
7
certification or certified copy
of the new certificate. If the 
8
request is for additional copies, it shall
be accompanied by a 
9
fee of $2 for each additional certification or certified
copy.

10
 (2) When a new certificate of birth is established, the 
11
actual place and
date of birth shall be shown; provided, in the 
12
case of adoption of a person
born in this State by parents who 
13
were residents of this State at the time
of the birth of the 
14
adopted person, the place of birth may be shown as the
place of 
15
residence of the adoptive parents at the time of such person's

16
birth, if specifically requested by them, and any new 
17
certificate of birth
established prior to the effective date of 
18
this amendatory Act may be
corrected accordingly if so 
19
requested by the adoptive parents or the
adopted person when of 
20
legal age. The social security numbers of the
parents shall not 
21
be recorded on the certificate of birth. The social
security 
22
numbers may only be used for purposes allowed under federal 
23
law.
The new certificate shall be substituted for the original 
24
certificate of birth:


25
  (a) Thereafter, the original certificate and the 
26
 evidence of adoption,
paternity, legitimation, or sex 
 


 






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1
 change shall not be subject to inspection
or certification 
2
 except upon order of the circuit court or
as provided by 
3
 regulation.


4
  (b) Upon receipt of notice of annulment of adoption, 
5
 the original
certificate of birth shall be restored to its 
6
 place in the files, and the
new certificate and evidence 
7
 shall not be subject to inspection or
certification except 
8
 upon order of the circuit court.

9
 (3) If no certificate of birth is on file for the person 
10
for whom a new
certificate is to be established under this 
11
Section, a delayed record of
birth shall be filed with the 
12
State Registrar of Vital Records as provided
in Section 14 or 
13
Section 15 of this Act before a new certificate of birth
is 
14
established, except that when the date and place of birth and 
15
parentage
have been established in the adoption proceedings, a 
16
delayed record shall
not be required.

17
 (4) When a new certificate of birth is established by the 
18
State
Registrar of Vital Records, all copies of the original 
19
certificate of birth
in the custody of any custodian of 
20
permanent local records in this State
shall be transmitted to 
21
the State Registrar of Vital Records as directed,
and shall be 
22
sealed from inspection.

23
 (5) Nothing in this Section shall be construed to prohibit 
24
the amendment
of a birth certificate in accordance with 
25
subsection (6) of Section 22.

26
(Source: P.A. 95-331, eff. 8-21-07.)


 


 






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1
 Section 97. Severability. The provisions of this Act are 
2
severable under Section 1.31 of the Statute on Statutes.


3
 Section 99. Effective date. This Act takes effect upon 
4
becoming law.