HB1732 Engrossed

LRB095 11236 KBJ 31705 b






1
    AN ACT concerning public health.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Vital Records Act is amended  by changing 
5
Sections 1 and 17 as follows:
 



6
    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)



7
    Sec. 1. As used in this Act, unless the context otherwise 
8
requires: 

9
    (1) "Vital records" means records of births, deaths, fetal 
10
deaths,
marriages, dissolution of marriages, and data related 
11
thereto.

12
    (2) "System of vital records" includes the registration, 
13
collection,
preservation, amendment, and certification of 
14
vital records, and
activities related thereto.

15
    (3) "Filing" means the presentation of a certificate, 
16
report, or
other record provided for in this Act, of a birth, 
17
death, fetal death,
adoption, marriage, or dissolution of 
18
marriage, for registration by the Office of Vital
Records.

19
    (4) "Registration" means the acceptance by the Office of 
20
Vital
Records and the incorporation in its official records of 
21
certificates,
reports, or other records provided for in this 
22
Act, of births, deaths,
fetal deaths, adoptions, marriages, or 
23
dissolution of marriages.

 


 






HB1732 Engrossed
- 2 -
LRB095 11236 KBJ 31705 b




1
    (5) "Live birth" means the complete expulsion or extraction 
2
from its
mother of a product of human conception, irrespective 
3
of the duration of
pregnancy, which after such separation 
4
breathes or shows any other
evidence of life such as beating of 
5
the heart, pulsation of the
umbilical cord, or definite 
6
movement of voluntary muscles, whether or
not the umbilical 
7
cord has been cut or the placenta is attached.

8
    (6) "Fetal death" means death prior to the complete 
9
expulsion or
extraction from its mother of a product of human 
10
conception,
irrespective of the duration of pregnancy; the 
11
death is indicated by the
fact that after such separation the 
12
fetus does not breathe or show any
other evidence of life such 
13
as beating of the heart, pulsation of the
umbilical cord, or 
14
definite movement of voluntary muscles.

15
    (7) "Dead body" means a lifeless human body or parts of 
16
such body or
bones thereof from the state of which it may 
17
reasonably be concluded
that death has occurred.

18
    (8) "Final disposition" means the burial, cremation, or 
19
other
disposition of a dead human body or fetus or parts 
20
thereof.

21
    (9) "Physician" means a person licensed to practice 
22
medicine in
Illinois or any other State.

23
    (10) "Institution" means any establishment, public or 
24
private, which
provides in-patient medical, surgical, or 
25
diagnostic care or treatment,
or nursing, custodial, or 
26
domiciliary care to 2 or more unrelated
individuals, or to 
 


 






HB1732 Engrossed
- 3 -
LRB095 11236 KBJ 31705 b




1
which persons are committed by law.

2
    (11) "Department" means the Department of Public Health of 
3
the State
of Illinois.

4
    (12) "Director" means the Director of the Illinois 
5
Department of
Public Health.

6
    (13) "Medical treatment" means any surgical operation or 
7
other medical procedure causing irreversible gender change.

8
(Source: P.A. 81-230.)

 



9
    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)



10
    Sec. 17. (1) For a person born in this State, the State 
11
Registrar of Vital
Records shall establish a new certificate of 
12
birth when he receives any of
the following:


13
        (a) A certificate of adoption as provided in Section 16 
14
    or a certified
copy of the order of adoption together with 
15
    the information necessary to
identify the original 
16
    certificate of birth and to establish the new
certificate 
17
    of birth; except that a new certificate of birth shall not 
18
    be
established if so requested by the court ordering the 
19
    adoption, the
adoptive parents, or the adopted person.


20
        (b) A certificate of adoption or a certified copy of 
21
    the order of
adoption entered in a court of competent 
22
    jurisdiction of any other state or
country declaring 
23
    adopted a child born in the State of Illinois, together

24
    with the information necessary to identify the original 
25
    certificate of
birth and to establish the new certificate 
 


 






HB1732 Engrossed
- 4 -
LRB095 11236 KBJ 31705 b




1
    of birth; except that a new
certificate of birth shall not 
2
    be established if so requested by the court
ordering the 
3
    adoption, the adoptive parents, or the adopted person.


4
        (c) A request that a new certificate be established and 
5
    such evidence as
required by regulation proving that such 
6
    person has been legitimatized, or
that the circuit court, 
7
    the Department of Healthcare and Family Services (formerly

8
    Illinois Department of Public Aid), or
a court or 
9
    administrative agency of any other state
has established

10
    the paternity of such a person
by judicial or 
11
    administrative processes or by voluntary acknowledgment,

12
    which is accompanied by the social security
numbers of all 
13
    persons determined and presumed to be the parents.


14
        (d) An affidavit by a physician that he has performed 
15
    an operation on a
person has undergone medical treatment ,

16
    and that by reason of the medical treatment
operation the 
17
    sex designation on such
person's birth record should be 
18
    changed.  The State Registrar of Vital
Records may make any 
19
    investigation or require any further information he
deems 
20
    necessary.

21
    Each request for a new certificate of birth shall be 
22
accompanied by a fee
of $15 and entitles the applicant to one 
23
certification or certified copy
of the new certificate.  If the 
24
request is for additional copies, it shall
be accompanied by a 
25
fee of $2 for each additional certification or certified
copy.

26
    (2) When a new certificate of birth is established, the 
 


 






HB1732 Engrossed
- 5 -
LRB095 11236 KBJ 31705 b




1
actual place and
date of birth shall be shown; provided, in the 
2
case of adoption of a person
born in this State by parents who 
3
were residents of this State at the time
of the birth of the 
4
adopted person, the place of birth may be shown as the
place of 
5
residence of the adoptive parents at the time of such person's

6
birth, if specifically requested by them, and any new 
7
certificate of birth
established prior to the effective date of 
8
this amendatory Act may be
corrected accordingly if so 
9
requested by the adoptive parents or the
adopted person when of 
10
legal age. The social security numbers of the
parents shall not 
11
be recorded on the certificate of birth. The social
security 
12
numbers may only be used for purposes allowed under federal 
13
law.
The new certificate shall be substituted for the original 
14
certificate of birth:


15
        (a) Thereafter, the original certificate and the 
16
    evidence of adoption,
paternity, legitimation, or sex 
17
    change shall not be subject to inspection
or certification 
18
    except upon order of the circuit court or
as provided by 
19
    regulation.


20
        (b) Upon receipt of notice of annulment of adoption, 
21
    the original
certificate of birth shall be restored to its 
22
    place in the files, and the
new certificate and evidence 
23
    shall not be subject to inspection or
certification except 
24
    upon order of the circuit court.

25
    (3) If no certificate of birth is on file for the person 
26
for whom a new
certificate is to be established under this 
 


 






HB1732 Engrossed
- 6 -
LRB095 11236 KBJ 31705 b




1
Section, a delayed record of
birth shall be filed with the 
2
State Registrar of Vital Records as provided
in Section 14 or 
3
Section 15 of this Act before a new certificate of birth
is 
4
established, except that when the date and place of birth and 
5
parentage
have been established in the adoption proceedings, a 
6
delayed record shall
not be required.

7
    (4) When a new certificate of birth is established by the 
8
State
Registrar of Vital Records, all copies of the original 
9
certificate of birth
in the custody of any custodian of 
10
permanent local records in this State
shall be transmitted to 
11
the State Registrar of Vital Records as directed,
and shall be 
12
sealed from inspection.

13
    (5) Nothing in this Section shall be construed to prohibit 
14
the amendment
of a birth certificate in accordance with 
15
subsection (6) of Section 22.

16
(Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626, 
17
eff. 8-9-96;
90-18, eff. 7-1-97; revised 12-15-05.)

 
18
    Section 97. Severability. The provisions of this Act are 
19
severable under Section 1.31 of the Statute on Statutes.
 

20
    Section 99. Effective date. This Act takes effect upon 
21
becoming law.