093_SB0180sam001
SRS093 00040 JEJ 00040 a
1 AMENDMENT TO SENATE BILL 180
2 AMENDMENT NO. . Amend Senate Bill 180 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Vital Records Act is amended by changing
5 Section 16.1 as follows:
6 (410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)
7 Sec. 16.1. When it appears from a certificate of
8 adoption transmitted to the State Registrar of Vital Records,
9 pursuant to the provisions of Section 16 of this Act, that
10 the child was born outside of the United States or its
11 Territories, then, upon submission to the State Registrar of
12 Vital Records of evidence as to the child's birth date and
13 birthplace provided by the original birth certificate, or by
14 a certified copy, extract, or translation thereof or by other
15 document essentially equivalent thereto (the records of the
16 U.S. Immigration and Naturalization Service or of the U.S.
17 Department of State to be considered essentially equivalent
18 thereto), the State Registrar of Vital Records shall make and
19 file a Record of Foreign Birth. The State Registrar of Vital
20 Records may make and file a Record of Foreign Birth for a
21 person born in a foreign country who was adopted under the
22 laws of a jurisdiction or country other than the United
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1 States by an adopting parent who is a resident of this State
2 and who has been granted an IR-3 visa by the U. S.
3 Immigration and Naturalization Service under the Immigration
4 and Nationality Act upon the submission to the State
5 Registrar of Vital Records of: (1) evidence as to the child's
6 birth date and birthplace (including the country of birth and
7 if available, the city and province of birth) provided by the
8 original birth certificate, or by a certified copy, extract,
9 or translation thereof or by other document essentially
10 equivalent thereto (the records of the U.S. Immigration and
11 Naturalization Service or of the U.S. Department of State to
12 be considered essentially equivalent thereto); (2) a
13 certified copy, extract, or translation of the adoption
14 decree or by other document essentially equivalent thereto
15 (the records of the U.S. Immigration and Naturalization
16 Service or of the U.S. Department of State to be considered
17 essentially equivalent thereto); (3) a copy of the IR-3 visa;
18 and (4) the name and address of the adoption agency that
19 handled the adoption. The Record of Foreign Birth shall
20 include the actual place and date of birth, the child's name
21 and parentage as ordered in the judgment of adoption and any
22 other necessary facts.
23 Upon the specific written request by the person to whom
24 the Record of Foreign Birth relates or by his or her legal
25 representative, or by an agency of local, state or federal
26 government, or upon the order of a court of competent
27 jurisdiction and upon payment of a fee of $5 by the
28 applicant, the State Registrar of Vital Records shall issue
29 to such applicant one certification or a certified copy of
30 the specified Record of Foreign Birth.
31 Upon receipt of a certified copy of a court order of
32 annulment of adoption or a court order vacating a judgment of
33 adoption of an adopted person for whom a Record of Foreign
34 Birth has been made and filed under the provisions of this
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1 Section the State Registrar of Vital Records shall nullify
2 and void such Record of Foreign Birth by entering on its face
3 the statement "This Record is declared null and void upon the
4 basis of a court judgment annulling or vacating this adoption
5 upon which this Record is based" and a notation identifying
6 the court judgment.
7 The provisions of this Section shall also be applicable
8 to, and shall inure to the benefit of all persons for whom a
9 judgment of adoption has been entered in a court in this
10 State prior to August 26, 1963. In such cases the applicant
11 shall furnish the State Registrar of Vital Records with a
12 certified copy of the adoption judgment together with
13 affidavits as to the personal particulars of the foster
14 parents in lieu of the certificate of adoption specified in
15 Section 16 of this Act. In every case wherein the State
16 Registrar of Vital Records has previously been furnished with
17 a certificate of adoption involving a foreign born child
18 adopted in Illinois, a certified copy of the adoption
19 judgment and affidavits of personal particulars are not
20 necessary, but the State Registrar of Vital Records shall
21 make and file a Record of Foreign Birth in the same manner
22 and fashion as if the certificate of adoption has been
23 furnished him after August 26, 1963.
24 (Source: P.A. 83-345.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law."