Public Act 93-0645
SB180 Re-enrolled LRB093 02045 LCB 04904 b
AN ACT concerning records.
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
Section 16.1 as follows:
(410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)
Sec. 16.1. When it appears from a certificate of
adoption transmitted to the State Registrar of Vital Records,
pursuant to the provisions of Section 16 of this Act, that
the child was born outside of the United States or its
Territories, then, upon submission to the State Registrar of
Vital Records of evidence as to the child's birth date and
birthplace provided by the original birth certificate, or by
a certified copy, extract, or translation thereof or by other
document essentially equivalent thereto (the records of the
U.S. Immigration and Naturalization Service or of the U.S.
Department of State to be considered essentially equivalent
thereto), the State Registrar of Vital Records shall make and
file a Record of Foreign Birth. The State Registrar of Vital
Records may make and file a Record of Foreign Birth for a
person born in a foreign country who has been granted an IR-3
visa by the U.S. Immigration and Naturalization Service under
the Immigration and Nationality Act and who was adopted under
the laws of a jurisdiction or country other than the United
States by an adopting parent who is a resident of this State
upon the submission to the State Registrar of Vital Records
of: (1) evidence as to the child's birth date and birthplace
(including the country of birth and if available, the city
and province of birth) provided by the original birth
certificate, or by a certified copy, extract, or translation
thereof or by other document essentially equivalent thereto
(the records of the U.S. Immigration and Naturalization
Service or of the U.S. Department of State to be considered
essentially equivalent thereto); (2) a certified copy,
extract, or translation of the adoption decree or by other
document essentially equivalent thereto (the records of the
U.S. Immigration and Naturalization Service or of the U.S.
Department of State to be considered essentially equivalent
thereto); (3) a copy of the IR-3 visa; and (4) the name and
address of the adoption agency that handled the adoption.
The Record of Foreign Birth shall include the actual place
and date of birth, the child's name and parentage as ordered
in the judgment of adoption and any other necessary facts.
Upon the specific written request by the person to whom
the Record of Foreign Birth relates or by his or her legal
representative, or by an agency of local, state or federal
government, or upon the order of a court of competent
jurisdiction and upon payment of a fee of $5 by the
applicant, the State Registrar of Vital Records shall issue
to such applicant one certification or a certified copy of
the specified Record of Foreign Birth.
Upon receipt of a certified copy of a court order of
annulment of adoption or a court order vacating a judgment of
adoption of an adopted person for whom a Record of Foreign
Birth has been made and filed under the provisions of this
Section the State Registrar of Vital Records shall nullify
and void such Record of Foreign Birth by entering on its face
the statement "This Record is declared null and void upon the
basis of a court judgment annulling or vacating this adoption
upon which this Record is based" and a notation identifying
the court judgment.
The provisions of this Section shall also be applicable
to, and shall inure to the benefit of all persons for whom a
judgment of adoption has been entered in a court in this
State prior to August 26, 1963. In such cases the applicant
shall furnish the State Registrar of Vital Records with a
certified copy of the adoption judgment together with
affidavits as to the personal particulars of the foster
parents in lieu of the certificate of adoption specified in
Section 16 of this Act. In every case wherein the State
Registrar of Vital Records has previously been furnished with
a certificate of adoption involving a foreign born child
adopted in Illinois, a certified copy of the adoption
judgment and affidavits of personal particulars are not
necessary, but the State Registrar of Vital Records shall
make and file a Record of Foreign Birth in the same manner
and fashion as if the certificate of adoption has been
furnished him after August 26, 1963.
(Source: P.A. 83-345.)
Section 99. Effective date. This Act takes effect upon
becoming law.