Public Act 102-1141
 
HB0009 EnrolledLRB102 02773 CPF 12780 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Vital Records Act is amended  by changing 
Sections 17, 25.3, and 25.4 and adding Section 25.6 as 
follows:
 


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




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

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

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

    with the information necessary to identify the original 
    certificate of
birth and to establish the new certificate 
    of birth; except that a new
certificate of birth shall not 
    be established if so requested by the court
ordering the 
    adoption, the adoptive parents, or the adopted person.

        (c) A request that a new certificate be established 
    and such evidence as
required by regulation proving that 
    such person has been legitimatized, or
that the circuit 
    court, the Department of Healthcare and Family Services 
    (formerly
Illinois Department of Public Aid), or
a court 
    or administrative agency of any other state
has 
    established
the paternity of such a person
by judicial or 
    administrative processes or by voluntary acknowledgment,

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

        (d) (Blank). A declaration by a licensed health care 
    professional or licensed mental health professional who 
    has treated or evaluated a person stating that the
person 
    has undergone treatment that is clinically appropriate for 
    that individual for the purpose of gender transition, 
    based on contemporary medical standards, or that the 
    individual has an intersex condition, and that the sex 
    designation on such
person's birth record should therefore 
    be changed. The information in the declaration shall be 
    proved by the licensed health care professional or 
    licensed mental health professional signing and dating it 
    in substantially the following form: "I declare (or 
    certify, verify, or state) under penalty of perjury that 
    the foregoing is true and correct. Executed on (date).". 
    The new certificate of birth shall reflect any legal name 
    change, so long as the appropriate documentation of the 
    name change is submitted.

        (e) A statement signed by the person in which the 
    person attests to making the request for the purpose of 
    affirming the person's gender identity or intersex 
    condition and that the sex designation on the person's 
    certificate of birth should therefore be changed to a 
    male, female, or X designation. 
    Each request for a new certificate of birth shall be 
accompanied by a fee
of $15 and entitles the applicant to one 
certification or certified copy
of the new certificate.  If the 
request is for additional copies, it shall
be accompanied by a 
fee of $2 for each additional certification or certified
copy. 
The fee for a new certificate of birth shall not be required 
from a person (1) upon release on parole, mandatory supervised 
release, final discharge, or pardon from the Department of 
Corrections if the person presents a prescribed verification 
form completed by the Department of Corrections verifying the 
released person's date of birth and social security number, or 
(2) placed on aftercare release under the Juvenile Court Act 
of 1987, upon release on parole, mandatory supervised release, 
final discharge, or pardon from the Department of Juvenile 
Justice if the person presents a prescribed verification form 
completed by the Department of Juvenile Justice verifying the 
person's date of birth and social security number. However, 
the person is entitled to only one new certificate of birth fee 
waiver. 

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

birth, if specifically requested by them, and any new 
certificate of birth
established prior to the effective date 
of this amendatory Act may be
corrected accordingly if so 
requested by the adoptive parents or the
adopted person when 
of legal age. The social security numbers of the
parents shall 
not be recorded on the certificate of birth. The social

security numbers may only be used for purposes allowed under 
federal law.
The new certificate shall be substituted for the 
original certificate of birth:

        (a) Thereafter, the original certificate and the 
    evidence of
paternity, legitimation, or change of sex 
    designation shall not be subject to inspection
or 
    certification except upon order of the circuit court, 
    request of the person named on the certificate of birth, 
    or
as provided by regulation. If the new certificate was 
    issued subsequent to an adoption, then the evidence of 
    adoption is not subject to inspection or certification 
    except upon order of the circuit court or as provided by 
    rule, and the original certificate shall not be subject to 
    inspection until the adopted person has reached the age of 
    21; thereafter, the original certificate shall be made 
    available as provided by Section 18.1b of the Adoption 
    Act, and nothing in this subsection shall impede or 
    prohibit access to the original birth certificate under 
    Section 18.1b of the Adoption Act. 

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

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

    (4) When a new certificate of birth is established by the 
State
Registrar of Vital Records, all copies of the original 
certificate of birth
in the custody of any custodian of 
permanent local records in this State
shall be transmitted to 
the State Registrar of Vital Records as directed,
and shall be 
sealed from inspection except as provided by Section 18.1b of 
the Adoption Act.

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

(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)

 
    (410 ILCS 535/25.3)
    Sec. 25.3. Homeless person birth record request.
    (a) For the purposes of this Section, an individual's 
status as a homeless person may be verified by a human services 
agency, legal services agency, or other similar agency that 
has knowledge of the individual's housing status, including, 
but not limited to:
        (1) a homeless service agency receiving federal, 
    State, county, or municipal funding to provide those 
    services or otherwise sanctioned by a local continuum of 
    care;
        (2) an attorney licensed to practice in the State;
        (3) a public school homeless liaison or school social 
    worker; or
        (4) a human services provider funded by the State to 
    serve homeless or runaway youth, individuals with mental 
    illness, or individuals with addictions.
    Individuals who are homeless must not be charged for this 
verification.
    Anyone who knowingly or purposefully falsifies this 
verification is subject to a penalty of $100. 
    (b) Applicable fees under Section 17 for a new certificate 
of birth and under Section 25 of this Act for a search for a 
birth record or a certified copy of a birth record shall be 
waived for all requests made by a homeless person whose status 
is verified under subsection (a) of this Section.
    The State Registrar of Vital Records shall establish 
standards and procedures consistent with this Section for 
waiver of such applicable fees.
    (c) A homeless person shall be provided no more than 4 
birth records annually under this Section. 

(Source: P.A. 100-506, eff. 1-1-18.)
 
    (410 ILCS 535/25.4)
    Sec. 25.4. Youth in care birth record request.
    (a)  For the purposes of this Section, an individual's 
status as a youth in care may be verified:
        (1) with a copy of the court order placing the youth in 
    the guardianship or custody of the Department of Children 
    and Family Services or terminating the Department of 
    Children and Family Services' guardianship or custody of 
    the youth; or
        (2) by a human services agency, legal services agency, 
    or other similar agency that has knowledge of the 
    individual's youth in care status, including, but not 
    limited to: 
            (A)  a child welfare agency, including the 
        Department of Children and Family Services; or
            (B)  the attorney or guardian ad litem who served 
        as the youth in care's attorney or guardian ad litem 
        during proceedings under the Juvenile Court Act of 
        1987. 
    A person described in subsection (b) of this Section must 
not be charged for verification under this Section.
    A person who knowingly or purposefully falsifies this 
verification is subject to a penalty of $100.
    (b)  The applicable fees under Section 17 for a new 
certificate of birth and under Section 25 of this Act for a 
search for a birth record or a certified copy of a birth record 
shall be waived for all requests made by:
        (1) a youth in care, as defined in Section 4d of the 
    Children and Family Services Act,  whose status is verified 
    under subsection (a) of this Section; or
        (2) a person under the age of 27 who was a youth in 
    care, as defined in Section 4d of the Children and Family 
    Services Act, on or after his or her 18th birthday and 
    whose status is verified under subsection (a) of this 
    Section. 
    The State Registrar of Vital Records shall establish 
standards and procedures consistent with this Section for 
waiver of the applicable fees. 
    (c)  A person shall be provided no more than 4 birth records 
annually under this Section. 

(Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    (410 ILCS 535/25.6 new)
    Sec. 25.6. Fee waiver; persons who reside in a shelter for 
domestic violence.
    (a) The applicable fees under Section 17 of this Act for a 
new certificate of birth and Section 25 of this Act for a 
search of a birth record or a certified copy of a birth record 
shall be waived for all requests by a person who resides in a 
shelter for domestic violence. The State Registrar of Vital 
Records shall establish standards and procedures consistent 
with this Section for waiver of the applicable fees. A person 
described under this Section must not be charged for 
verification under this Section. A person who knowingly or 
purposefully falsifies this verification is subject to a 
penalty of $100. 
    (b) A person who resides in a shelter for domestic 
violence shall be provided no more than 4 birth records 
annually under this Section. 
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2023. 
  

   

									INDEX
								

									Statutes amended in order of appearance
								
    410 ILCS 535/17from Ch. 111 1/2, par. 73-17
    410 ILCS 535/25.3
    410 ILCS 535/25.4
    410 ILCS 535/25.6 new