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90_HB3778ham001
LRB9010853WHmbam01
1 AMENDMENT TO HOUSE BILL 3778
2 AMENDMENT NO. . Amend House Bill 3778 by replacing
3 the title with the following:
4 "AN ACT in relation to adoption."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Vital Records Act is amended by changing
8 Section 17 as follows:
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
12 of birth when he or she receives any of the following:
13 (a) A certificate of adoption as provided in
14 Section 16 or a certified copy of the order of adoption
15 together with the information necessary to identify the
16 original certificate of birth and to establish the new
17 certificate of birth; except that a new certificate of
18 birth shall not be established if so requested by the
19 court ordering the adoption, the adoptive parents, or the
20 adopted person.
21 (b) A certificate of adoption or a certified copy
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1 of the order of adoption entered in a court of competent
2 jurisdiction of any other state or country declaring
3 adopted a child born in the State of Illinois, together
4 with the information necessary to identify the original
5 certificate of birth and to establish the new certificate
6 of birth; except that a new certificate of birth shall
7 not be established if so requested by the court ordering
8 the adoption, the adoptive parents, or the adopted
9 person.
10 (c) A request that a new certificate be established
11 and such evidence as required by regulation proving that
12 such person has been legitimatized, or that the circuit
13 court, the Illinois Department of Public Aid, or a court
14 or administrative agency of any other state has
15 established the paternity of such a person by judicial or
16 administrative processes or by voluntary acknowledgment,
17 which is accompanied by the social security numbers of
18 all persons determined and presumed to be the parents.
19 (d) An affidavit by a physician that he or she has
20 performed an operation on a person, and that by reason of
21 the operation the sex designation on such person's birth
22 record should be changed. The State Registrar of Vital
23 Records may make any investigation or require any further
24 information he or she deems necessary.
25 Each request for a new certificate of birth shall be
26 accompanied by a fee of $15 and entitles the applicant to one
27 certification or certified copy of the new certificate. If
28 the request is for additional copies, it shall be accompanied
29 by a fee of $2 for each additional certification or certified
30 copy.
31 (2) When a new certificate of birth is established, the
32 actual place and date of birth shall be shown; provided, in
33 the case of adoption of a person born in this State by
34 parents who were residents of this State at the time of the
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1 birth of the adopted person, the place of birth may be shown
2 as the place of residence of the adoptive parents at the time
3 of such person's birth, if specifically requested by them,
4 and any new certificate of birth established prior to the
5 effective date of this amendatory Act may be corrected
6 accordingly if so requested by the adoptive parents or the
7 adopted person when of legal age. The social security numbers
8 of the parents shall not be recorded on the certificate of
9 birth. The social security numbers may only be used for
10 purposes allowed under federal law. The new certificate shall
11 be substituted for the original certificate of birth:
12 (a) Thereafter, the original certificate and the
13 evidence of adoption, paternity, legitimation, or sex
14 change shall not be subject to inspection or
15 certification except upon order of the circuit court or
16 as provided by regulation.
17 (b) Upon receipt of notice of annulment of
18 adoption, the original certificate of birth shall be
19 restored to its place in the files, and the new
20 certificate and evidence shall not be subject to
21 inspection or certification except upon order of the
22 circuit court.
23 (3) If no certificate of birth is on file for the person
24 for whom a new certificate is to be established under this
25 Section, a delayed record of birth shall be filed with the
26 State Registrar of Vital Records as provided in Section 14 or
27 Section 15 of this Act before a new certificate of birth is
28 established, except that when the date and place of birth and
29 parentage have been established in the adoption proceedings,
30 a delayed record shall not be required.
31 (4) When a new certificate of birth is established by
32 the State Registrar of Vital Records, all copies of the
33 original certificate of birth in the custody of any custodian
34 of permanent local records in this State shall be transmitted
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1 to the State Registrar of Vital Records as directed, and
2 shall be sealed from inspection.
3 (5) Nothing in this Section shall be construed to
4 prohibit the amendment of a birth certificate in accordance
5 with subsection (6) of Section 22.
6 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
7 eff. 8-9-96; 90-18, eff. 7-1-97.)
8 Section 10. The Adoption Act is amended by changing
9 Sections 1, 18.3a, and 18.4 as follows:
10 (750 ILCS 50/1) (from Ch. 40, par. 1501)
11 Sec. 1. Definitions. When used in this Act, unless the
12 context otherwise requires:
13 A. "Child" means a person under legal age subject to
14 adoption under this Act.
15 B. "Related child" means a child subject to adoption
16 where either or both of the adopting parents stands in any of
17 the following relationships to the child by blood or
18 marriage: parent, grand-parent, brother, sister, step-parent,
19 step-grandparent, step-brother, step-sister, uncle, aunt,
20 great-uncle, great-aunt, or cousin of first degree. A child
21 whose parent has executed a final irrevocable consent to
22 adoption or a final irrevocable surrender for purposes of
23 adoption, or whose parent has had his or her parental rights
24 terminated, is not a related child to that person, unless the
25 consent is determined to be void or is void pursuant to
26 subsection O of Section 10.
27 C. "Agency" for the purpose of this Act means a public
28 child welfare agency or a licensed child welfare agency.
29 D. "Unfit person" means any person whom the court shall
30 find to be unfit to have a child, without regard to the
31 likelihood that the child will be placed for adoption. The
32 grounds of unfitness are any one or more of the following:
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1 (a) Abandonment of the child.
2 (a-1) Abandonment of a newborn infant in a
3 hospital.
4 (a-2) Abandonment of a newborn infant in any
5 setting where the evidence suggests that the parent
6 intended to relinquish his or her parental rights.
7 (b) Failure to maintain a reasonable degree of
8 interest, concern or responsibility as to the child's
9 welfare.
10 (c) Desertion of the child for more than 3 months
11 next preceding the commencement of the Adoption
12 proceeding.
13 (d) Substantial neglect of the child if continuous
14 or repeated.
15 (d-1) Substantial neglect, if continuous or
16 repeated, of any child residing in the household which
17 resulted in the death of that child.
18 (e) Extreme or repeated cruelty to the child.
19 (f) Two or more findings of physical abuse to any
20 children under Section 4-8 of the Juvenile Court Act or
21 Section 2-21 of the Juvenile Court Act of 1987, the most
22 recent of which was determined by the juvenile court
23 hearing the matter to be supported by clear and
24 convincing evidence; a criminal conviction or a finding
25 of not guilty by reason of insanity resulting from the
26 death of any child by physical child abuse; or a finding
27 of physical child abuse resulting from the death of any
28 child under Section 4-8 of the Juvenile Court Act or
29 Section 2-21 of the Juvenile Court Act of 1987.
30 (g) Failure to protect the child from conditions
31 within his environment injurious to the child's welfare.
32 (h) Other neglect of, or misconduct toward the
33 child; provided that in making a finding of unfitness the
34 court hearing the adoption proceeding shall not be bound
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1 by any previous finding, order or judgment affecting or
2 determining the rights of the parents toward the child
3 sought to be adopted in any other proceeding except such
4 proceedings terminating parental rights as shall be had
5 under either this Act, the Juvenile Court Act or the
6 Juvenile Court Act of 1987.
7 (i) Depravity.
8 (j) Open and notorious adultery or fornication.
9 (j-1) Conviction of any one of the following crimes
10 shall create a presumption of unfitness that may be
11 overcome only by clear and convincing evidence: (1) first
12 degree murder in violation of paragraph 1 or 2 of
13 subsection (a) of Section 9-1 of the Criminal Code of
14 1961 or conviction of second degree murder in violation
15 of subsection (a) of Section 9-2 of the Criminal Code of
16 1961 of a parent of the child to be adopted; (2) a
17 criminal conviction of first degree murder or second
18 degree murder of any child in violation of the Criminal
19 Code of 1961; (3) a criminal conviction of attempt or
20 conspiracy to commit first degree murder or second degree
21 murder of any child in violation of the Criminal Code of
22 1961; (4) a criminal conviction of solicitation to commit
23 murder of any child, solicitation to commit murder of any
24 child for hire, or solicitation to commit second degree
25 murder of any child in violation of the Criminal Code of
26 1961; (5) a criminal conviction of accountability for the
27 first or second degree murder of any child in violation
28 of the Criminal Code of 1961; or (6) a criminal
29 conviction of aggravated criminal sexual assault in
30 violation of Section 12-14(b)(1) of the Criminal Code of
31 1961.
32 (k) Habitual drunkenness or addiction to drugs,
33 other than those prescribed by a physician, for at least
34 one year immediately prior to the commencement of the
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1 unfitness proceeding.
2 (l) Failure to demonstrate a reasonable degree of
3 interest, concern or responsibility as to the welfare of
4 a new born child during the first 30 days after its
5 birth.
6 (m) Failure by a parent to make reasonable efforts
7 to correct the conditions that were the basis for the
8 removal of the child from the parent, or to make
9 reasonable progress toward the return of the child to the
10 parent within 9 months after an adjudication of neglected
11 or abused minor under Section 2-3 of the Juvenile Court
12 Act of 1987 or dependent minor under Section 2-4 of that
13 Act. If a service plan has been established as required
14 under Section 8.2 of the Abused and Neglected Child
15 Reporting Act to correct the conditions that were the
16 basis for the removal of the child from the parent and if
17 those services were available, then, for purposes of this
18 Act, "failure to make reasonable progress toward the
19 return of the child to the parent" includes the parent's
20 failure to substantially fulfill his or her obligations
21 under the service plan and correct the conditions that
22 brought the child into care within 9 months after the
23 adjudication under Section 2-3 or 2-4 of the Juvenile
24 Court Act of 1987.
25 (n) Evidence of intent to forego his or her
26 parental rights, whether or not the child is a ward of
27 the court, (1) as manifested by his or her failure for a
28 period of 12 months: (i) to visit the child, (ii) to
29 communicate with the child or agency, although able to do
30 so and not prevented from doing so by an agency or by
31 court order, or (iii) to maintain contact with or plan
32 for the future of the child, although physically able to
33 do so, or (2) as manifested by the father's failure,
34 where he and the mother of the child were unmarried to
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1 each other at the time of the child's birth, (i) to
2 commence legal proceedings to establish his paternity
3 under the Illinois Parentage Act of 1984 or the law of
4 the jurisdiction of the child's birth within 30 days of
5 being informed, pursuant to Section 12a of this Act, that
6 he is the father or the likely father of the child or,
7 after being so informed where the child is not yet born,
8 within 30 days of the child's birth, or (ii) to make a
9 good faith effort to pay a reasonable amount of the
10 expenses related to the birth of the child and to provide
11 a reasonable amount for the financial support of the
12 child, the court to consider in its determination all
13 relevant circumstances, including the financial condition
14 of both parents; provided that the ground for termination
15 provided in this subparagraph (n)(2)(ii) shall only be
16 available where the petition is brought by the mother or
17 the husband of the mother.
18 Contact or communication by a parent with his or her
19 child that does not demonstrate affection and concern
20 does not constitute reasonable contact and planning under
21 subdivision (n). In the absence of evidence to the
22 contrary, the ability to visit, communicate, maintain
23 contact, pay expenses and plan for the future shall be
24 presumed. The subjective intent of the parent, whether
25 expressed or otherwise, unsupported by evidence of the
26 foregoing parental acts manifesting that intent, shall
27 not preclude a determination that the parent has intended
28 to forego his or her parental rights. In making this
29 determination, the court may consider but shall not
30 require a showing of diligent efforts by an authorized
31 agency to encourage the parent to perform the acts
32 specified in subdivision (n).
33 It shall be an affirmative defense to any allegation
34 under paragraph (2) of this subsection that the father's
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1 failure was due to circumstances beyond his control or to
2 impediments created by the mother or any other person
3 having legal custody. Proof of that fact need only be by
4 a preponderance of the evidence.
5 (o) Repeated or continuous failure by the parents,
6 although physically and financially able, to provide the
7 child with adequate food, clothing, or shelter.
8 (p) Inability to discharge parental
9 responsibilities supported by competent evidence from a
10 psychiatrist, licensed clinical social worker, or
11 clinical psychologist of mental impairment, mental
12 illness or mental retardation as defined in Section 1-116
13 of the Mental Health and Developmental Disabilities Code,
14 or developmental disability as defined in Section 1-106
15 of that Code, and there is sufficient justification to
16 believe that the inability to discharge parental
17 responsibilities shall extend beyond a reasonable time
18 period. However, this subdivision (p) shall not be
19 construed so as to permit a licensed clinical social
20 worker to conduct any medical diagnosis to determine
21 mental illness or mental impairment.
22 (q) A finding of physical abuse of the child under
23 Section 4-8 of the Juvenile Court Act or Section 2-21 of
24 the Juvenile Court Act of 1987 and a criminal conviction
25 of aggravated battery of the child.
26 (r) The child is in the temporary custody or
27 guardianship of the Department of Children and Family
28 Services, the parent is incarcerated as a result of
29 criminal conviction at the time the petition or motion
30 for termination of parental rights is filed, prior to
31 incarceration the parent had little or no contact with
32 the child or provided little or no support for the child,
33 and the parent's incarceration will prevent the parent
34 from discharging his or her parental responsibilities for
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1 the child for a period in excess of 2 years after the
2 filing of the petition or motion for termination of
3 parental rights.
4 (s) The child is in the temporary custody or
5 guardianship of the Department of Children and Family
6 Services, the parent is incarcerated at the time the
7 petition or motion for termination of parental rights is
8 filed, the parent has been repeatedly incarcerated as a
9 result of criminal convictions, and the parent's repeated
10 incarceration has prevented the parent from discharging
11 his or her parental responsibilities for the child.
12 (t) (r) A finding that at birth the child's blood,
13 or urine, or meconium contained any amount of a
14 controlled substance as defined in subsection (f) of
15 Section 102 of the Illinois Controlled Substances Act, or
16 a metabolite of a controlled substance, with the
17 exception of controlled substances or metabolites of such
18 substances, the presence of which in the newborn infant
19 was the result of medical treatment administered to the
20 mother or the newborn infant, and that the biological
21 mother of this child is the biological mother of at least
22 one other child who was adjudicated a neglected minor
23 under subsection (c) of Section 2-3 of the Juvenile Court
24 Act of 1987, after which the biological mother had the
25 opportunity to enroll in and participate in a clinically
26 appropriate substance abuse drug counseling, treatment,
27 and rehabilitation program.
28 E. "Parent" means the father or mother of a legitimate
29 or illegitimate child. For the purpose of this Act, a person
30 who has executed a final and irrevocable consent to adoption
31 or a final and irrevocable surrender for purposes of
32 adoption, or whose parental rights have been terminated by a
33 court, is not a parent of the child who was the subject of
34 the consent or surrender, unless the consent is void pursuant
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1 to subsection O of Section 10.
2 F. A person is available for adoption when the person
3 is:
4 (a) a child who has been surrendered for adoption
5 to an agency and to whose adoption the agency has
6 thereafter consented;
7 (b) a child to whose adoption a person authorized
8 by law, other than his parents, has consented, or to
9 whose adoption no consent is required pursuant to Section
10 8 of this Act;
11 (c) a child who is in the custody of persons who
12 intend to adopt him through placement made by his
13 parents;
14 (c-1) a child for whom a parent has signed a
15 specific consent pursuant to subsection O of Section 10;
16 or
17 (d) an adult who meets the conditions set forth in
18 Section 3 of this Act.
19 A person who would otherwise be available for adoption
20 shall not be deemed unavailable for adoption solely by reason
21 of his or her death.
22 G. The singular includes the plural and the plural
23 includes the singular and the "male" includes the "female",
24 as the context of this Act may require.
25 H. "Adoption disruption" occurs when an adoptive
26 placement does not prove successful and it becomes necessary
27 for the child to be removed from placement before the
28 adoption is finalized.
29 I. "Foreign placing agency" is an agency or individual
30 operating in a country or territory outside the United States
31 that is authorized by its country to place children for
32 adoption either directly with families in the United States
33 or through United States based international agencies.
34 J. "Immediate relatives" means the biological parents,
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1 the parents of the biological parents and siblings of the
2 biological parents.
3 K. "Intercountry adoption" is a process by which a child
4 from a country other than the United States is adopted.
5 L. "Intercountry Adoption Coordinator" is a staff person
6 of the Department of Children and Family Services appointed
7 by the Director to coordinate the provision of services by
8 the public and private sector to prospective parents of
9 foreign-born children.
10 M. "Interstate Compact on the Placement of Children" is
11 a law enacted by most states for the purpose of establishing
12 uniform procedures for handling the interstate placement of
13 children in foster homes, adoptive homes, or other child care
14 facilities.
15 N. "Non-Compact state" means a state that has not
16 enacted the Interstate Compact on the Placement of Children.
17 O. "Preadoption requirements" are any conditions
18 established by the laws or regulations of the Federal
19 Government or of each state that must be met prior to the
20 placement of a child in an adoptive home.
21 P. "Abused child" means a child whose parent or
22 immediate family member, or any person responsible for the
23 child's welfare, or any individual residing in the same home
24 as the child, or a paramour of the child's parent:
25 (a) inflicts, causes to be inflicted, or allows to
26 be inflicted upon the child physical injury, by other
27 than accidental means, that causes death, disfigurement,
28 impairment of physical or emotional health, or loss or
29 impairment of any bodily function;
30 (b) creates a substantial risk of physical injury
31 to the child by other than accidental means which would
32 be likely to cause death, disfigurement, impairment of
33 physical or emotional health, or loss or impairment of
34 any bodily function;
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1 (c) commits or allows to be committed any sex
2 offense against the child, as sex offenses are defined in
3 the Criminal Code of 1961 and extending those definitions
4 of sex offenses to include children under 18 years of
5 age;
6 (d) commits or allows to be committed an act or
7 acts of torture upon the child; or
8 (e) inflicts excessive corporal punishment.
9 Q. "Neglected child" means any child whose parent or
10 other person responsible for the child's welfare withholds or
11 denies nourishment or medically indicated treatment including
12 food or care denied solely on the basis of the present or
13 anticipated mental or physical impairment as determined by a
14 physician acting alone or in consultation with other
15 physicians or otherwise does not provide the proper or
16 necessary support, education as required by law, or medical
17 or other remedial care recognized under State law as
18 necessary for a child's well-being, or other care necessary
19 for his or her well-being, including adequate food, clothing
20 and shelter; or who is abandoned by his or her parents or
21 other person responsible for the child's welfare.
22 A child shall not be considered neglected or abused for
23 the sole reason that the child's parent or other person
24 responsible for his or her welfare depends upon spiritual
25 means through prayer alone for the treatment or cure of
26 disease or remedial care as provided under Section 4 of the
27 Abused and Neglected Child Reporting Act.
28 R. "Putative father" means a man who may be a child's
29 father, but who (1) is not married to the child's mother on
30 or before the date that the child was or is to be born and
31 (2) has not established paternity of the child in a court
32 proceeding before the filing of a petition for the adoption
33 of the child. The term includes a male who is less than 18
34 years of age. "Putative father" does not mean a man who is
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1 the child's father as a result of criminal sexual abuse or
2 assault as defined under Article 12 of the Criminal Code of
3 1961.
4 S. "Adopted person" means a person who was adopted
5 pursuant to the laws in effect at the time of adoption.
6 T. "Birth parent" means a parent, by birth, of an
7 adopted or surrendered person.
8 U. "Birth sibling" means a person who is the biological
9 brother or sister of an adopted or surrendered person by the
10 whole or half blood.
11 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
12 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
13 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
14 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
15 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
16 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
17 Sec. 18.3a. Confidential intermediary.
18 (a) General purposes. Notwithstanding any other
19 provision of this Act, any adopted or surrendered person
20 adoptee over the age of 18, or any adoptive parent or legal
21 guardian of an adoptee under the age of 18, or any birth
22 parent or birth sibling of an adopted or surrendered person
23 over the age of 18 may petition the court for appointment of
24 a confidential intermediary as provided in this Section for
25 the purpose of determining the whereabouts of one or more
26 unknown relatives. The court, without holding a hearing, may
27 rule on the petition and may appoint a confidential
28 intermediary.
29 Confidential intermediaries shall be authorized to
30 inspect confidential relinquishment, adoption, and other
31 records and shall be included on a list of confidential
32 intermediaries maintained by the Department of Children and
33 Family Services and made available to the judiciary.
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1 This Section shall not be construed as the regulation of
2 an occupation or profession. In conducting a search for an
3 adopted or surrendered person under this Section, the
4 confidential intermediary shall first attempt to locate the
5 petitioner's birth parents. If either of the petitioner's
6 birth parents is deceased, has been found incompetent by a
7 court, or cannot be located after a diligent search then
8 adult siblings and other adult relatives may be contacted.
9 In cases where an adopted or surrendered person or birth
10 parent is deceased or has been found incompetent by a court,
11 the children of the adopted or surrendered person or birth
12 parent may petition the court under the provisions of this
13 Section obtaining from one or both biological parents or a
14 sibling or siblings of the adoptee information concerning the
15 background of a psychological or genetically-based medical
16 problem experienced or which may be expected to be
17 experienced in the future by the adoptee or obtaining
18 assistance in treating such a problem.
19 (b) (Blank). Petition. The court shall appoint a
20 confidential intermediary for the purposes described in
21 subsection (f) if the petitioner shows the following:
22 (1) the adoptee is suffering or may be expected to
23 suffer in the future from a life-threatening or
24 substantially incapacitating physical illness of any
25 nature, or a psychological disturbance which is
26 substantially incapacitating but not life-threatening, or
27 a mental illness which, in the opinion of a physician
28 licensed to practice medicine in all its branches, is or
29 could be genetically based to a significant degree;
30 (2) the treatment of the adoptee, in the opinion of
31 a physician licensed to practice medicine in all of its
32 branches, would be materially assisted by information
33 obtainable from the biological parents or might benefit
34 from the provision of organs or other bodily tissues,
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1 materials, or fluids by the biological parents or other
2 close biological relatives; and
3 (3) there is neither an Information Exchange
4 Authorization nor a Denial of Information Exchange filed
5 in the Registry as provided in Section 18.1.
6 The affidavit or testimony of the treating physician
7 shall be conclusive on the issue of the utility of contact
8 with the biological parents unless the court finds that the
9 relationship between the illness to be treated and the
10 alleged need for contact is totally without foundation.
11 (c) Fees and expenses. The court shall condition the
12 appointment of the confidential intermediary on the
13 petitioner's payment of the service intermediary's fees and
14 expenses in advance of the commencement of the work of the
15 confidential intermediary, unless for good cause the court
16 approves a waiver or reduction of the fee.
17 When a birth relative wishes to disclose information
18 about a serious medical condition to an adopted or
19 surrendered person or to the adoptive parents of an adopted
20 person who is a minor, the court has the discretion to waive
21 any fees and expenses solely related to releasing that
22 medical information the intermediary waives the right to full
23 advance payment or to any reimbursement at all.
24 (d) Eligibility of intermediary. The court may appoint
25 as confidential intermediary either an employee of the
26 Illinois Department of Children and Family Services
27 designated by the Department to serve as such, any other
28 person certified by the Department as qualified to serve as a
29 confidential intermediary, or any employee of a licensed
30 child welfare agency certified by the agency as qualified to
31 serve as a confidential intermediary.
32 (e) Access. Notwithstanding any other provision of law,
33 the confidential intermediary shall have access to all
34 records of the court or any agency, school, or hospital,
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1 public or private, which relate to the adoption or the
2 identity and location of any adopted or surrendered person or
3 his or her birth parents or birth siblings biological parent.
4 Any identifying information obtained by the confidential
5 intermediary during the course of his or her investigation
6 shall be kept strictly confidential and shall be used for the
7 purpose of arranging a contact between the individual who
8 initiated the search and the sought-after birth relative. At
9 the time the case is closed, all such identifying information
10 shall be returned to the court for inclusion in the impounded
11 adoption file.
12 Any non-identifying information ascertained during the
13 course of the search may be given in writing to the
14 petitioner by the confidential intermediary before the case
15 is closed.
16 (f) Purposes of contact. The confidential intermediary
17 shall contact a sought-after relative on behalf of the
18 individual who initiated the search and inform the
19 sought-after relative of the following options:
20 (1) The sought-after relative may totally reject
21 the request for contact or information or both, and no
22 disclosure of identity or location shall be made to the
23 petitioner. In cases where the sought-after relative
24 totally rejects the request for contact or information or
25 both, however, the confidential intermediary shall
26 request that the sought-after relative complete a medical
27 questionnaire to be forwarded to the petitioner along
28 with any other non-identifying information ascertained
29 during the course of the search.
30 (2) If the sought-after relative wishes to
31 communicate with the petitioner but does not wish his or
32 her identity disclosed, the confidential intermediary
33 shall arrange the desired communication in as
34 confidential a manner as possible to protect the privacy
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1 of the sought-after relative's identity.
2 (3) When a sought-after birth relative is located
3 by a confidential intermediary on behalf of the
4 individual who initiated the search and when both parties
5 desire to disclose their identities, the confidential
6 intermediary shall obtain written consents from both
7 parties that they wish to disclose their identities to
8 each other. The confidential intermediary shall then
9 disclose identities as specified in the consents. has
10 only the following powers and duties:
11 (1) To contact one or both biological parents,
12 inform the parent or parents of the basic medical problem
13 of the adoptee and the nature of the information or
14 assistance sought from the biological parent, and inform
15 the parent or parents of the following options:
16 (A) The biological parent may totally reject
17 the request for assistance or information, or both,
18 and no disclosure of identity or location shall be
19 made to the petitioner.
20 (B) The biological parent may file an
21 Information Exchange Authorization as provided in
22 Section 18.1. The confidential intermediary shall
23 explain to the biological parent the consequences of
24 such a filing, including that the biological
25 parent's identity will be available for discovery by
26 the adoptee. If the biological parent agrees to this
27 option, the confidential intermediary shall supply
28 the parent with the appropriate forms, shall be
29 responsible for their immediate filing with the
30 Registry, and shall inform the petitioner of their
31 filing.
32 (C) If the biological parent wishes to provide
33 the information or assistance sought but does not
34 wish his or her identity disclosed, the confidential
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1 intermediary shall arrange for the disclosure of the
2 information or the provision of assistance in as
3 confidential a manner as possible so as to protect
4 the privacy of the biological parent and minimize
5 the likelihood of disclosure of the biological
6 parent's identity.
7 (2) If a biological parent so desires, to arrange
8 for a confidential communication with the treating
9 physician to discuss the need for the requested
10 information or assistance.
11 (3) If a biological parent agrees to provide the
12 information or assistance sought but wishes to maintain
13 his or her privacy, to arrange for the provision of the
14 information or assistance to the physician in as
15 confidential a manner as possible so as to protect the
16 privacy of the biological parent and minimize the
17 likelihood of disclosure of the biological parent's
18 identity.
19 (g) Oath. The confidential intermediary shall sign an
20 oath of confidentiality substantially as follows:
21 "I, .........., being duly sworn, on oath depose and
22 say: As a condition of appointment as a confidential
23 intermediary, I affirm that:
24 (1) I will not disclose to the petitioner, directly
25 or indirectly, any information about the identity or
26 location of the relative who biological parent whose
27 assistance is being sought for medical reasons except in
28 a manner consistent with the law.
29 (2) I recognize that violation of this oath
30 subjects me to civil liability and to being found in
31 contempt of court.
32 ................................
33 SUBSCRIBED AND SWORN to before me, a Notary Public,
34 this ..... day of .........., 19...
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1 ................................"
2 (g-5) Exemption from liability. No liability shall
3 accrue to the State, any State agency, any judge, any officer
4 or employee of the court, any confidential intermediary, or
5 any agency designated to oversee confidential intermediary
6 services for acts, omissions, or efforts made in good faith
7 within the scope of this Act and under its provisions.
8 (h) Sanctions. (1) Any confidential intermediary who
9 improperly discloses information identifying a
10 sought-after relative biological parent shall be liable
11 to the sought-after relative biological parent for
12 damages and may also be found in contempt of court.
13 (2) Any physician or other person who learns a
14 biological parent's identity, directly or indirectly,
15 through the use of procedures provided in this Section
16 and who improperly discloses information identifying the
17 biological parent shall be liable to the biological
18 parent for actual damages plus minimum punitive damages
19 of $10,000.
20 (i) Death of biological parent. Notwithstanding any
21 other provision of this Act, if the confidential intermediary
22 discovers that the person being whose assistance is sought
23 has died, he or she shall report this fact to the petitioner
24 and to the court, along with a copy of the death certificate
25 if possible.
26 (Source: P.A. 86-1451; 86-1451.)
27 (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
28 Sec. 18.4. (a) The agency, Department of Children and
29 Family Services, Court Supportive Services, Juvenile Division
30 of the Circuit Court, or the Probation Officers of the
31 Circuit Court involved in the adoption proceedings shall give
32 in writing the following information, if known, to the
33 adoptive parents not later than the date of placement with
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1 the petitioning adoptive parents: (i) age of biological
2 parents; (ii) their race, religion and ethnic background;
3 (iii) general physical appearance of biological parents; (iv)
4 their education, occupation, hobbies, interests and talents;
5 (v) existence of any other children born to the biological
6 parents; (vi) information about biological grandparents;
7 reason for emigrating into the United States, if applicable,
8 and country of origin; (vii) relationship between biological
9 parents; and (viii) detailed medical and mental health
10 histories of the child, the biological parents, and their
11 immediate relatives. However, no information provided under
12 this subsection shall disclose the name or last known address
13 of the biological parents, grandparents, the siblings of the
14 biological parents, or any other relative of the adopted
15 person.
16 (b) Upon request, any adopted person adoptee 18 years of
17 age or over shall be given the information in subsection (a)
18 as well as the name of the state and county where the
19 judgment of adoption was finalized upon request. If the
20 adopted person's actual date and place of birth is different
21 from that shown on his or her amended birth certificate, the
22 information provided to the adopted person under this
23 subsection shall also include his or her actual date and
24 place of birth. Upon request, the agency or agencies which
25 facilitated the adoption shall provide an adopted person 18
26 years of age or over with any updated medical or social
27 information which has been provided by his or her birth
28 relatives through verbal or written communication, as well as
29 all photographs and letters submitted by the adopted person's
30 birth relatives and specifically intended for the adopted
31 person.
32 (c) Any of the above available information for any
33 adoption proceedings completed before the effective date of
34 this Act shall be supplied to the adoptive parents or an
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1 adopted person adoptee 18 years of age or over upon request.
2 (d) The agency, Department of Children and Family
3 Services, Court Supportive Services, Juvenile Division of the
4 Circuit Court, the Probation Officers of the Circuit Court
5 and any other governmental bodies having any of the above
6 information shall retain the file until the adopted person
7 adoptee would have reached the age of 99 years.
8 (e) Upon request, the agency, Department of Children and
9 Family Services, Court Supportive Services, Juvenile Division
10 of the Circuit Court, or the probation officers of the
11 Circuit Court involved in the adoption proceedings shall
12 provide birth parents whose surrendered child is 18 years of
13 age or older with any updated medical information provided by
14 the adopted or surrendered person or his or her adoptive
15 parents or legal guardians through verbal or written
16 communication, as well as all photographs and letters
17 submitted by the adopted or surrendered person or his or her
18 adoptive parents or legal guardians and specifically intended
19 for the birth parent.
20 Upon request, the following non-identifying information
21 shall be provided to birth parents whose surrendered child is
22 18 years of age or older and birth siblings of an adopted
23 person who is 18 years of age or older, to the extent that
24 such information is available: (i) age of the surrendered
25 child's adoptive parents at the time of the adoption; (ii)
26 adoptive parents' heritage, including nationality and ethnic
27 background; (iii) number of years of schooling completed by
28 the adoptive parents at the time of the adoption or
29 surrender; (iv) religion of adoptive parents; (v)
30 occupations, talents, hobbies, and special interests of the
31 adoptive parents; and (vi) state and county where the
32 judgment of adoption was finalized.
33 The agency, Department of Children and Family Services,
34 Department of Public Health, Registrar of Vital Records,
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1 Court Supportive Services, Juvenile Division of the Circuit
2 Court, the probation officers of the Circuit Court involved
3 in the adoption proceedings, and all individuals who
4 facilitated the adoption shall, upon written request and
5 without requiring any showing of cause, provide a birth
6 parent with copies of all documents in their possession which
7 the birth parent executed in connection with the surrender of
8 his or her child. All identifying information pertaining to
9 the adoptive parents shall be deleted from any information or
10 documents released to a birth parent or birth sibling.
11 (Source: P.A. 87-617.)".