Bill Text: IL SB1433 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Adoption Act. Removes language providing that: a person who knowingly or intentionally registers false information under the Putative Father Registry commits a Class B misdemeanor; a person who knowingly or intentionally releases confidential information in violation of a provision related to the Putative Father Registry commits a Class B misdemeanor; any person who willfully provides unauthorized disclosure of any information filed with the Illinois Adoption Registry and Medical Information Exchange or who knowingly or intentionally files false information with the Illinois Adoption Registry and Medical Information Exchange shall be guilty of a Class A misdemeanor; and the disclosure of identifying information in violation of the Act is a Class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-07 - Referred to Assignments [SB1433 Detail]

Download: Illinois-2023-SB1433-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1433 Introduced 2/7/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
750 ILCS 50/12.1
750 ILCS 50/18.1 from Ch. 40, par. 1522.1
750 ILCS 50/18.8
Amends the Adoption Act. Removes language providing that: a person who knowingly or intentionally registers false information under the Putative Father Registry commits a Class B misdemeanor; a person who knowingly or intentionally releases confidential information in violation of a provision related to the Putative Father Registry commits a Class B misdemeanor; any person who willfully provides unauthorized disclosure of any information filed with the Illinois Adoption Registry and Medical Information Exchange or who knowingly or intentionally files false information with the Illinois Adoption Registry and Medical Information Exchange shall be guilty of a Class A misdemeanor; and the disclosure of identifying information in violation of the Act is a Class A misdemeanor.
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A BILL FOR
SB1433 LRB103 28857 LNS 55242 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by changing
Sections 12.1, 18.1, and 18.8 as follows:
(750 ILCS 50/12.1)
Sec. 12.1. Putative Father Registry. The Department of
Children and Family Services shall establish a Putative Father
Registry for the purpose of determining the identity and
location of a putative father of a minor child who is, or is
expected to be, the subject of an adoption proceeding, in
order to provide notice of such proceeding to the putative
father. The Department of Children and Family Services shall
establish rules and informational material necessary to
implement the provisions of this Section. The Department shall
have the authority to set reasonable fees for the use of the
Registry. All such fees for the use of the Registry that are
received by the Department or its agent shall be deposited
into the fund authorized under subsection (b) of Section 25 of
the Children and Family Services Act. The Department shall use
the moneys in that fund for the purpose of maintaining the
Registry.
(a) The Department shall maintain the following

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information in the Registry:
(1) With respect to the putative father:
(i) Name, including any other names by which the
putative father may be known and that he may provide to
the Registry;
(ii) Address at which he may be served with notice
of a petition under this Act, including any change of
address;
(iii) Social Security Number;
(iv) Date of birth; and
(v) If applicable, a certified copy of an order by
a court of this State or of another state or territory
of the United States adjudicating the putative father
to be the father of the child.
(2) With respect to the mother of the child:
(i) Name, including all other names known to the
putative father by which the mother may be known;
(ii) If known to the putative father, her last
address;
(iii) Social Security Number; and
(iv) Date of birth.
(3) If known to the putative father, the name, gender,
place of birth, and date of birth or anticipated date of
birth of the child.
(4) The date that the Department received the putative
father's registration.

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(5) Other information as the Department may by rule
determine necessary for the orderly administration of the
Registry.
(b) A putative father may register with the Department
before the birth of the child but shall register no later than
30 days after the birth of the child. All registrations shall
be in writing and signed by the putative father. No fee shall
be charged for the initial registration. The Department shall
have no independent obligation to gather the information to be
maintained.
(c) An interested party, including persons intending to
adopt a child, a child welfare agency with whom the mother has
placed or has given written notice of her intention to place a
child for adoption, the mother of the child, or an attorney
representing an interested party may request that the
Department search the Registry to determine whether a putative
father is registered in relation to a child who is or may be
the subject to an adoption petition.
(d) A search of the Registry may be proven by the
production of a certified copy of the registration form, or by
the certified statement of the administrator of the Registry
that after a search, no registration of a putative father in
relation to a child who is or may be the subject of an adoption
petition could be located.
(e) Except as otherwise provided, information contained
within the Registry is confidential and shall not be published

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or open to public inspection.
(f) (Blank). A person who knowingly or intentionally
registers false information under this Section commits a Class
B misdemeanor. A person who knowingly or intentionally
releases confidential information in violation of this Section
commits a Class B misdemeanor.
(g) Except as provided in subsections (b) or (c) of
Section 8 of this Act, a putative father who fails to register
with the Putative Father Registry as provided in this Section
is barred from thereafter bringing or maintaining any action
to assert any interest in the child, unless he proves by clear
and convincing evidence that:
(1) it was not possible for him to register within the
period of time specified in subsection (b) of this
Section; and
(2) his failure to register was through no fault of
his own; and
(3) he registered within 10 days after it became
possible for him to file.
A lack of knowledge of the pregnancy or birth is not an
acceptable reason for failure to register.
(h) Except as provided in subsection (b) or (c) of Section
8 of this Act, failure to timely register with the Putative
Father Registry (i) shall be deemed to be a waiver and
surrender of any right to notice of any hearing in any judicial
proceeding for the adoption of the child, and the consent or

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surrender of that person to the adoption of the child is not
required, and (ii) shall constitute an abandonment of the
child and shall be prima facie evidence of sufficient grounds
to support termination of such father's parental rights under
this Act.
(i) In any adoption proceeding pertaining to a child born
out of wedlock, if there is no showing that a putative father
has executed a consent or surrender or waived his rights
regarding the proposed adoption, certification as specified in
subsection (d) shall be filed with the court prior to entry of
a final judgment order of adoption.
(j) The Registry shall not be used to notify a putative
father who is the father of a child as a result of criminal
sexual abuse or assault as defined under Article 11 of the
Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
Sec. 18.1. Disclosure of identifying information.
(a) The Department of Public Health shall establish and
maintain a Registry for the purpose of allowing mutually
consenting members of birth and adoptive families to exchange
identifying and medical information. Identifying information
for the purpose of this Act shall mean any one or more of the
following:
(1) The name and last known address of the consenting

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person or persons.
(2) A copy of the Illinois Adoption Registry
Application of the consenting person or persons.
(3) A non-certified copy of the original birth
certificate of an adult adopted or surrendered person.
(b) Written authorization from all parties identified must
be received prior to disclosure of any identifying
information, with the exception of non-certified copies of
original birth certificates released to adult adopted or
surrendered persons or to surviving adult children and
surviving spouses of deceased adopted or surrendered persons
pursuant to the procedures outlined in Section 18.1b(e).
(c) At any time after a child is surrendered for adoption,
or at any time during the adoption proceedings or at any time
thereafter, either birth parent or both of them may file with
the Registry a Birth Parent Registration Identification Form.
(d) A birth sibling 21 years of age or over who was not
surrendered for adoption and who has submitted a copy of his or
her birth certificate as well as proof of death for a deceased
birth parent and such birth parent did not file a Denial of
Information Exchange or a Birth Parent Preference Form on
which Option E was selected with the Registry prior to his or
her death may file a Registration Identification Form and an
Information Exchange Authorization or a Denial of Information
Exchange.
(e) A birth aunt or birth uncle who has submitted birth

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certificates for himself or herself and for a deceased birth
parent naming at least one common biological parent as well as
proof of death for the deceased birth parent and such birth
parent did not file a Denial of Information Exchange or a Birth
Parent Preference Form on which Option E was selected with the
Registry prior to his or her death may file a Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(e-5) A birth grandparent who has submitted birth
certificates for himself or herself and for a deceased birth
parent as well as proof of death for the deceased birth parent
and the birth parent did not file a Denial of Information
Exchange or a Birth Parent Preference Form on which Option E
was selected with the Registry prior to his or her death may
file a Registration Identification Form and an Information
Exchange Authorization or a Denial of Information Exchange.
(f) Any adopted person 21 years of age or over, any
surrendered person 21 years of age or over, or any adoptive
parent or legal guardian of an adopted or surrendered person
under the age of 21 may file with the Registry a Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(g) Any adult child or adult grandchild 21 years of age or
over of a deceased adopted or surrendered person who has
submitted a copy of his or her birth certificate naming an
adopted or surrendered person as his or her biological parent

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as well as proof of death for the deceased adopted or
surrendered person and such adopted or surrendered person did
not file a Denial of Information Exchange with the Registry
prior to his or her death may file a Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(h) Any surviving spouse of a deceased adopted or
surrendered person 21 years of age or over who has submitted
proof of death for the deceased adopted or surrendered person
and such adopted or surrendered person did not file a Denial of
Information Exchange with the Registry prior to his or her
death as well as a birth certificate naming themselves and the
adopted or surrendered person as the parents of a minor child
under the age of 21 may file a Registration Identification
Form and an Information Exchange Authorization or a Denial of
Information Exchange.
(i) Any adoptive parent or legal guardian of a deceased
adopted or surrendered person who is 21 years of age or over
who has submitted proof of death as well as proof of parentage
or guardianship for the deceased adopted or surrendered person
and such adopted or surrendered person did not file a Denial of
Information Exchange with the Registry prior to his or her
death may file a Registration Identification Form and an
Information Exchange Authorization or a Denial of Information
Exchange.
(j) The Department of Public Health shall supply to the

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adopted or surrendered person or his or her adoptive parents,
legal guardians, adult children, adult grandchildren, or
surviving spouse, and to the birth parents identifying
information only if both the adopted or surrendered person, or
one of his or her adoptive parents, legal guardians, adult
children, adult grandchildren, or his or her surviving spouse,
and the birth parents have filed with the Registry an
Information Exchange Authorization or a Birth Parent
Preference Form on which Option A, B, or C was selected and the
information at the Registry indicates that the consenting
adopted or surrendered person, the child of the consenting
adoptive parents or legal guardians, the parent of the
consenting adult child of the adopted or surrendered person,
or the deceased wife or husband of the consenting surviving
spouse is the child of the consenting birth parents, except
identifying information that appears on a non-certified copy
of an original birth certificate may be provided to an adult
adopted or surrendered person or to the surviving adult child,
adult grandchild, or surviving spouse of a deceased adopted or
surrendered person pursuant to the procedures outlined in
Section 18.1b(e) of this Act.
The Department of Public Health shall supply to adopted or
surrendered persons who are birth siblings identifying
information only if both siblings have filed with the Registry
an Information Exchange Authorization and the information at
the Registry indicates that the consenting siblings have one

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or both birth parents in common. Identifying information shall
be supplied to consenting birth siblings who were adopted or
surrendered if any such sibling is 21 years of age or over.
Identifying information shall be supplied to consenting birth
siblings who were not adopted or surrendered if any such
sibling is 21 years of age or over and has proof of death of
the common birth parent and such birth parent did not file a
Denial of Information Exchange or a Birth Parent Preference
Form on which Option E was selected with the Registry prior to
his or her death.
(k) The Department of Public Health shall supply to the
adopted or surrendered person or his or her adoptive parents,
legal guardians, adult children, adult grandchildren, or
surviving spouse, and to a birth aunt identifying information
only if both the adopted or surrendered person or one of his or
her adoptive parents, legal guardians, adult children, adult
grandchildren, or his or her surviving spouse, and the birth
aunt have filed with the Registry an Information Exchange
Authorization and the information at the Registry indicates
that the consenting adopted or surrendered person, or the
child of the consenting adoptive parents or legal guardians,
or the parent of the consenting adult child, or the deceased
wife or husband of the consenting surviving spouse of the
adopted or surrendered person is or was the child of the
brother or sister of the consenting birth aunt.
(k-5) The Department of Public Health shall supply to the

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adopted or surrendered person and to a birth grandparent
identifying information only if both the adopted or
surrendered person and the birth grandparent have filed with
the Registry an Information Exchange Authorization and the
information at the Registry indicates that the consenting
adopted or surrendered person is or was the child of a deceased
birth mother or birth father.
(l) The Department of Public Health shall supply to the
adopted or surrendered person or his or her adoptive parents,
legal guardians, adult children, adult grandchildren, or
surviving spouse, and to a birth uncle identifying information
only if both the adopted or surrendered person or one of his or
her adoptive parents, legal guardians, adult children, adult
grandchildren, or his or her surviving spouse, and the birth
uncle have filed with the Registry an Information Exchange
Authorization and the information at the Registry indicates
that the consenting adopted or surrendered person, or the
child of the consenting adoptive parents or legal guardians,
or the parent of the consenting adult child, or the deceased
wife or husband of the consenting surviving spouse of the
adopted or surrendered person is or was the child of the
brother or sister of the consenting birth uncle.
(m) A registrant may notify the Registry of his or her
desire not to have identifying information revealed or may
revoke any previously filed Information Exchange Authorization
by completing and filing with the Registry a Registry

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Identification Form along with a Denial of Information
Exchange or, if applicable, a Birth Parent Preference Form.
Any registrant, except a birth parent, may revoke his or her
Denial of Information Exchange by filing an Information
Exchange Authorization. A birth parent may revoke a Denial of
Information Exchange by filing a Birth Parent Preference Form.
Any birth parent who has previously filed a Birth Parent
Preference Form where Option E was selected may revoke such
preference by filing a subsequent Birth Parent Preference Form
and selecting Option A, B, C, or D. The Department of Public
Health shall act in accordance with the most recently filed
affidavit.
(n) Identifying information ascertained from the Registry
shall be confidential and may be disclosed only (1) upon a
Court Order, which order shall name the person or persons
entitled to the information, or (2) to a registrant who is the
subject of an Information Exchange Authorization or, if
applicable, a Birth Parent Preference Form that was completed
by another registrant and filed with the Illinois Adoption
Registry and Medical Information Exchange, or (3) as
authorized under subsection (h) of Section 18.3 of this Act,
or (4) pursuant to the procedures outlined in Section 18.1b(e)
of this Act. Any person who willfully provides unauthorized
disclosure of any information filed with the Registry or who
knowingly or intentionally files false information with the
Registry shall be guilty of a Class A misdemeanor and shall be

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liable for damages.
(o) If information is disclosed pursuant to this Act, the
Department shall redact it to remove any identifying
information about any party who has not consented to the
disclosure of such identifying information, or, in the case of
identifying information on the original birth certificate,
pursuant to Section 18.1b(e) of this Act.
(Source: P.A. 98-704, eff. 1-1-15; 99-345, eff. 1-1-16.)
(750 ILCS 50/18.8)
Sec. 18.8. Improper disclosure of identifying information.
All information submitted to the Registry is confidential and
gathered by the State solely for the purpose of facilitating
the exchange of updated medical data and contact information
between adopted and surrendered persons and other registered
parties. Information exchanged through the Registry shall not
be admissible as evidence nor discoverable in any action of
any kind in any court or before any tribunal, board, agency, or
commission. Disclosure of identifying information in violation
of this Act is a Class A misdemeanor.
(Source: P.A. 91-417, eff. 1-1-00.)