Public Act 097-0445
 
HB1149 EnrolledLRB097 05996 RPM 46067 b


  
    AN ACT concerning public 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 
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. 
Citizenship and Immigration Services 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 or IH-3 visa by 
the U.S. Citizenship and Immigration Services 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.
Citizenship and 
Immigration Services 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.

Citizenship and Immigration Services 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 or IH-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. 93-645, eff. 12-31-03.)

 
    Section 10. The Adoption Act is amended by changing Section 
18.05 as follows:
 



    (750 ILCS 50/18.05)



    Sec. 18.05. The Illinois Adoption Registry and Medical 
Information
Exchange.
    (a) General function.  Subject to appropriation, the 
Department of Public
Health shall administer the Illinois 
Adoption Registry and

Medical Information Exchange in the 
manner outlined in subsections
(b) and (c) for the purpose of 
facilitating the voluntary exchange of identifying and
medical 
information between mutually consenting members of birth and 
adoptive families.

The Department shall establish rules for the 
confidential operation of the
Illinois Adoption
Registry.  The 
Department shall appoint an OBC-Access Public Information 
Campaign Oversight Committee comprised of, but not limited to, 
representatives of the Department of Public Health and the 
Department of Children and Family Services, as well as 
representatives of the organizations that serve, as of the 
effective date of this amendatory Act of the 96th General 
Assembly, on the Illinois Adoption Registry Advisory Council or 
the Confidential Intermediary Advisory Council. On and after 
the effective date of this amendatory Act of the 96th General 
Assembly, the OBC-Access Public Information Campaign Oversight 
Committee shall develop and ensure the timely implementation of 
a year-long, nationwide campaign to be conducted from November 
1, 2010, through October 31, 2011, for the express purpose of 
informing the public in earnest about the conditions under 
which an adult adopted or surrendered person may receive a 
non-certified copy of his or her original birth certificate, 
and the procedures pursuant to which a birth parent may file a 
Birth Parent Preference Form to express his or her wishes with 
respect to contact with a surrendered son or daughter and the 
release of identifying information that appears on the original 
birth certificate. This year-long informational campaign shall 
include, but not be limited to:
        (1)    Public service announcements to be distributed to 
    local and national radio and television stations.
        (2)    Notices to be distributed throughout Illinois to 
    physicians' offices, religious institutions, social 
    welfare organizations, retirement homes, and other 
    entities capable of reaching individuals who may be 
    impacted by this change in the law.
        (3)    An informational website exclusively devoted to 
    providing the general public with information about the new 
    law as well as other forms of free electronic media.
        (4)    Press releases to be distributed to local and 
    national radio and television stations, as well as to 
    relevant websites.
        (5)    Announcements about the new law to be posted on the 
    websites of all adoption agencies licensed in the State.
        (6)    Notices accompanying every vehicle registration 
    renewal application issued by the Secretary of State's 
    office between October 31, 2010, and November 1, 2011.
        (7)    Notices enclosed with driver's license renewal 
    applications issued by the Secretary of State's office 
    beginning 30 days after the effective date of this 
    amendatory Act of the 96th General Assembly and through 
    November 30, 2014.   
    The Illinois
Adoption
Registry shall also
maintain an 
informational Internet site where interested parties may 
access
information about the Illinois Adoption Registry and 
Medical Information
Exchange and download all necessary 
application forms. The Illinois Adoption
Registry
shall 
maintain statistical records regarding Registry participation 
and publish
and circulate to the public
informational material

about the function and operation of the Registry.

    (b) Establishment of the Adoption/Surrender Records File.  
When a person has
voluntarily registered with
the Illinois 
Adoption Registry and completed an Illinois Adoption Registry

Application or a Registration Identification Form, the 
Registry shall establish
a
new Adoption/Surrender Records 
File.  Such file may concern
an adoption that was finalized by a 
court action in the State of Illinois, an
adoption of a person 
born in Illinois finalized
by a court action in a state other 
than Illinois or in a foreign country, a
surrender taken in the 
State of Illinois, or an adoption filed according to Section 
16.1 of the Vital Records Act under a Record of Foreign Birth 
that was not finalized by a court action in the State of 
Illinois. Such file may be established for
adoptions or 
surrenders finalized prior to as well as after the effective 
date
of this amendatory Act.  A file may be created in
any 
manner to preserve documents including but not limited to 
microfilm,
optical imaging, or electronic documents.

    (c) Contents of the Adoption/Surrender Records File.  An 
established
Adoption/Surrender
Records File shall be limited 
to the following items, to the extent that they
are
available:


        (1) The General Information Section and Medical 
    Information Exchange
Questionnaire of any Illinois 
    Adoption Registry Application or a Registration

    Identification
Form which
has been voluntarily completed 
    by any registered party.


        (2) Any photographs
voluntarily provided
by any 
    registrant for any other registered party at the
time of 
    registration or any time thereafter.
All such photographs 
    shall be submitted in an unsealed
envelope no larger than 8 
    1/2" x 11", and shall not include identifying
information 
    pertaining to any person other than the registrant
who 
    submitted them.
Any such identifying information shall be 
    redacted by the Department or the
information shall be 
    returned for removal of identifying information.


        (3) Any Information Exchange Authorization, Denial of 
    Information
Exchange, or Birth Parent Preference Form

    which has been filed by a registrant.


        (4) For all adoptions finalized after January 1, 2000, 
    copies of the
original certificate of live birth and the 
    certificate
of adoption.


        (5) Any updated address submitted by any registered 
    party about himself or
herself.


        (6) Any proof of death that has been submitted by a 
    registrant.

        (7) Any birth certificate that has been submitted by a 
    registrant.

        (8) Any marriage certificate that has been submitted by 
    a registrant.

        (9) Any proof of guardianship that has been submitted 
    by a registrant.

        (10) Any Request for a Non-Certified Copy of an 
    Original Birth Certificate that has been filed with the 
    Registry by an adult adopted or surrendered person or by a 
    surviving adult child or surviving spouse of a deceased 
    adopted or surrendered person who has registered with the 
    Registry. 
    (d) An established Adoption/Surrender Records File for an 
adoption filed in Illinois under a Record of Foreign Birth that 
was not finalized in a court action in the State of Illinois 
shall be limited to the following items submitted to the State 
Registrar of Vital Records under Section 16.1 of the Vital 
Records Act, to the extent that they are available:
        (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. 
    Citizenship and Immigration Services 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 other document essentially equivalent 
    thereto (the records of the U.S. Citizenship and 
    Immigration Services or of the U.S. Department of State to 
    be considered essentially equivalent thereto).
        (3) A copy of the IR-3 or IH-3 visa.
        (4) The name and address of the adoption agency that 
    handled the adoption.

(Source: P.A. 95-331, eff. 8-21-07; 96-895, eff. 5-21-10.)

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