State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ][ Senate Amendment 001 ]

91_HB0631enr

 
HB0631 Enrolled                               LRB9100454SMdvE

 1        AN ACT regarding adoption, amending named Acts.

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

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.490 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec.  5.490.   The Illinois Adoption Registry and Medical
 8    Information Exchange Fund.

 9        Section 7.  The  Illinois  Vehicle  Code  is  amended  by
10    changing Section 6-115 as follows:

11        (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
12        Sec. 6-115.  Expiration of driver's license.
13        (a)  Except  as provided elsewhere in this Section, every
14    driver's license issued under the  provisions  of  this  Code
15    shall  expire  4  years  from the date of its issuance, or at
16    such later date, as the Secretary of State may by proper rule
17    and regulation designate, not to exceed 12  calendar  months;
18    in  the  event  that  an  applicant for renewal of a driver's
19    license fails to apply prior to the expiration  date  of  the
20    previous driver's license, the renewal driver's license shall
21    expire  4  years  from  the  expiration  date of the previous
22    driver's license, or at such later date as the  Secretary  of
23    State  may  by  proper  rule and regulation designate, not to
24    exceed 12 calendar months.
25        The Secretary of State may, however, issue  to  a  person
26    not  previously  licensed  as a driver in Illinois a driver's
27    license which will expire not less than 4 years nor more than
28    5 years from date of issuance, except as  provided  elsewhere
29    in this Section.
 
HB0631 Enrolled            -2-                LRB9100454SMdvE
 1        The  Secretary  of  State is authorized to issue driver's
 2    licenses during the  years  1984  through  1987  which  shall
 3    expire  not  less than 3 years nor more than 5 years from the
 4    date of  issuance,  except  as  provided  elsewhere  in  this
 5    Section,  for the purpose of converting all driver's licenses
 6    issued under this Code to a 4 year expiration.  Provided that
 7    all original driver's licenses, except as provided  elsewhere
 8    in  this Section, shall expire not less than 4 years nor more
 9    than 5 years from the date of issuance.
10        (b)  Before the expiration of a driver's license,  except
11    those licenses expiring on the individual's 21st birthday, or
12    3  months  after  the  individual's 21st birthday, the holder
13    thereof may apply for a renewal thereof, subject to  all  the
14    provisions  of  Section 6-103, and the Secretary of State may
15    require an examination of the  applicant.  A  licensee  whose
16    driver's  license  expires  on his 21st birthday, or 3 months
17    after his 21st birthday, may not apply for a renewal  of  his
18    driving privileges until he reaches the age of 21.
19        (c)  The  Secretary  of State shall, 30 days prior to the
20    expiration of a driver's  license,  forward  to  each  person
21    whose  license  is to expire a notification of the expiration
22    of said license which may be presented at the time of renewal
23    of said license.
24        There may be included with such notification  information
25    explaining   the   anatomical   gift  and  Emergency  Medical
26    Information Card provisions of Section 6-110.  The format and
27    text  of  such  information  shall  be  prescribed   by   the
28    Secretary.
29        There  shall  be  included  with such notification, for a
30    period of 4  years  beginning  January  1,  2000  information
31    regarding   the   Illinois   Adoption  Registry  and  Medical
32    Information Exchange  established  in  Section  18.1  of  the
33    Adoption Act.
34        (d)  The  Secretary  may  defer  the  expiration  of  the
 
HB0631 Enrolled            -3-                LRB9100454SMdvE
 1    driver's   license  of  a  licensee,  spouse,  and  dependent
 2    children who are living with such licensee  while  on  active
 3    duty,  serving  in  the  Armed  Forces  of  the United States
 4    outside of the State of Illinois,  and  45  days  thereafter,
 5    upon   such   terms  and  conditions  as  the  Secretary  may
 6    prescribe.
 7        (e)  The Secretary of State  may  decline  to  process  a
 8    renewal  of a driver's license of any person who has not paid
 9    any fee or tax due under this  Code  and  is  not  paid  upon
10    reasonable notice and demand.
11        (f)  The  Secretary  shall  provide that each original or
12    renewal driver's license issued to a licensee under 21  years
13    of  age  shall  expire  3  months  after  the licensee's 21st
14    birthday. Persons whose current driver's licenses  expire  on
15    their  21st  birthday  on  or after January 1, 1986 shall not
16    renew their driver's license before their 21st birthday,  and
17    their  current  driver's  license  will  be  extended  for an
18    additional term of  3  months  beyond  their  21st  birthday.
19    Thereafter,  the  expiration and term of the driver's license
20    shall be governed by subsection (a) hereof.
21        (g)  The Secretary shall provide that  each  original  or
22    renewal driver's license issued to a licensee 81 years of age
23    through  age  86  shall  expire  2  years  from  the  date of
24    issuance, or at such later date as the Secretary may by  rule
25    and  regulation  designate,  not  to  exceed an additional 12
26    calendar months.  The Secretary shall also provide that  each
27    original  or renewal driver's license issued to a licensee 87
28    years of age or older shall expire 12 months from the date of
29    issuance, or at such later date as the Secretary may by  rule
30    and  regulation  designate,  not  to  exceed an additional 12
31    calendar months.
32    (Source: P.A. 86-467.)

33        Section 10. The  Adoption  Act  is  amended  by  changing
 
HB0631 Enrolled            -4-                LRB9100454SMdvE
 1    Sections  18.1,  18.2, 18.3, 18.3a, 18.4a, 18.5, and 18.6 and
 2    by adding Sections 18.04, 18.05, 18.06, 18.07, 18.1a,  18.1b,
 3    18.1c, 18.7, and 18.8 as follows:

 4        (750 ILCS 50/18.04 new)
 5        Sec.  18.04.   The Illinois Adoption Registry and Medical
 6    Information  Exchange;  legislative  intent.    The   General
 7    Assembly recognizes the importance of creating a procedure by
 8    which  mutually  consenting  adult members of birth families,
 9    adoptive  parents  and  legal  guardians   of   adopted   and
10    surrendered   children,  and  adult  adopted  or  surrendered
11    persons may voluntarily exchange  vital  medical  information
12    throughout  the  life  of  the adopted or surrendered person.
13    The General Assembly supports  public  policy  that  requires
14    explicit  mutual consent prior to the release of confidential
15    information.  The General Assembly further recognizes that it
16    is in the best interest of adopted  and  surrendered  persons
17    that  birth  family  medical  histories  and  the preferences
18    regarding contact of all parties to an adoption be  compiled,
19    preserved   and  provided  to  mutually  consenting  adoptive
20    parents  and  legal  guardians  of  adopted  or   surrendered
21    children  and  to  adult  adopted  or surrendered persons and
22    their birth  parents  and  siblings.   The  purpose  of  this
23    amendatory  Act  of  1999  is to respond to these concerns by
24    enhancing the Adoption Registry and  creating  the  voluntary
25    Medical Information Exchange.

26        (750 ILCS 50/18.05 new)
27        Sec.  18.05.  The  Illinois Adoption Registry and Medical
28    Information Exchange.
29        (a)  General function.   Subject  to  appropriation,  the
30    Department  of  Public  Health shall redefine the function of
31    the  Illinois  Adoption  Registry  and  create  the   Medical
32    Information  Exchange  in  the manner outlined in subsections
 
HB0631 Enrolled            -5-                LRB9100454SMdvE
 1    (b) and (c) for the purpose  of  facilitating  the  voluntary
 2    exchange  of  medical information between mutually consenting
 3    birth parents  or  birth  siblings  and  mutually  consenting
 4    adoptive parents or legal guardians of adopted or surrendered
 5    persons under the age of 21 or adopted or surrendered persons
 6    21 years of age or over. The Department shall establish rules
 7    for  the  confidential  operation  of  the  Illinois Adoption
 8    Registry.  Beginning January 1, 2000,  the  Department  shall
 9    conduct  a public information campaign through public service
10    announcements and other forms of media coverage  and,  for  a
11    minimum  of  4  years, through notices enclosed with driver's
12    license  renewal  applications,  shall  inform  adopted   and
13    surrendered persons born, surrendered, or adopted in Illinois
14    and  their  adoptive  parents, legal guardians, birth parents
15    and birth siblings of  the  Illinois  Adoption  Registry  and
16    Medical  Information  Exchange.   The Department shall notify
17    all  parties  who  registered  with  the  Illinois   Adoption
18    Registry  prior  to January 1, 2000 of the provisions of this
19    amendatory Act of 1999.  The Illinois Adoption Registry shall
20    also maintain an informational Internet site where interested
21    parties may access information about  the  Illinois  Adoption
22    Registry  and  Medical  Information Exchange and download all
23    necessary application forms. The Illinois  Adoption  Registry
24    shall   maintain   statistical   records  regarding  Registry
25    participation  and  publish  and  circulate  to  the   public
26    informational  material  about  the function and operation of
27    the Registry.
28        (b)  Establishment  of  the  Adoption/Surrender   Records
29    File.   When  a  person  has  voluntarily registered with the
30    Illinois Adoption Registry and completed an Illinois Adoption
31    Registry Application or a Registration  Identification  Form,
32    the Registry shall establish a new Adoption/Surrender Records
33    File.   Such  file may concern an adoption that was finalized
34    by a court action in the State of Illinois, an adoption of  a
 
HB0631 Enrolled            -6-                LRB9100454SMdvE
 1    person  born  in  Illinois  finalized  by a court action in a
 2    state other than Illinois or  in  a  foreign  country,  or  a
 3    surrender  taken  in  the State of Illinois. Such file may be
 4    established for adoptions or surrenders finalized prior to as
 5    well as after the effective date of this  amendatory  Act  of
 6    1999.   A  file  may  be  created  in  any manner to preserve
 7    documents including but not  limited  to  microfilm,  optical
 8    imaging, or electronic documents.
 9        (c)  Contents of the Adoption/Surrender Records File.  An
10    established  Adoption/Surrender Records File shall be limited
11    to  the  following  items,  to  the  extent  that  they   are
12    available:
13             (1)  The  General  Information  Section  and Medical
14        Information  Exchange  Questionnaire  of   any   Illinois
15        Adoption   Registry   Application   or   a   Registration
16        Identification  Form which has been voluntarily completed
17        by the adopted  or  surrendered  person  or  his  or  her
18        adoptive  parents,  legal  guardians,  birth  parents, or
19        birth siblings.
20             (2)  Any photographs  voluntarily  provided  by  any
21        registrant  for  the adopted or surrendered person or his
22        or her adoptive parents, legal guardians, birth  parents,
23        or birth siblings at the time of registration or any time
24        thereafter. All such photographs shall be submitted in an
25        unsealed  envelope no larger than 8 1/2" x 11", and shall
26        not include identifying  information  pertaining  to  any
27        person  other than the registrant who submitted them. Any
28        such identifying information shall  be  redacted  by  the
29        Department  or  the  information  shall  be  returned for
30        removal of identifying information.
31             (3)  Any  Information  Exchange   Authorization   or
32        Denial  of Information Exchange which has been filed by a
33        registrant.
34             (4)  For all adoptions finalized  after  January  1,
 
HB0631 Enrolled            -7-                LRB9100454SMdvE
 1        2000,  copies  of  the original certificate of live birth
 2        and the certificate of adoption.
 3             (5)  Any updated address submitted by any registered
 4        party about himself or herself.
 5             (6)  Any proof of death which has been submitted  by
 6        an  adopted or surrendered person, adoptive parent, legal
 7        guardian, birth parent, or birth sibling.

 8        (750 ILCS 50/18.06 new)
 9        Sec. 18.06.  Definitions. When  used  in  Sections  18.05
10    through Section 18.6, for the purposes of the Registry:
11        "Adopted  person" means a person who was adopted pursuant
12    to the laws in effect at the time of the adoption.
13        "Adoptive parent" means a person who has become a  parent
14    through the legal process of adoption.
15        "Agency"  means  a  public  child  welfare  agency  or  a
16    licensed child welfare agency.
17        "Birth  father" means the biological father of an adopted
18    or  surrendered  person  who  is  named   on   the   original
19    certificate  of  live  birth  or  on  a  consent or surrender
20    document, or a biological father  whose  paternity  has  been
21    established  by a judgment or order of the court, pursuant to
22    the Illinois Parentage Act of 1984.
23        "Birth mother" means the biological mother of an  adopted
24    or surrendered person.
25        "Birth parent" means a birth mother or birth father of an
26    adopted or surrendered person.
27        "Birth  sibling"  means the adult full or half sibling of
28    an adopted or surrendered person.
29        "Denial  of  Information  Exchange"  means  an  affidavit
30    completed by a registrant with the Illinois Adoption Registry
31    and Medical  Information  Exchange  denying  the  release  of
32    identifying information.
33        "Information  Exchange  Authorization" means an affidavit
 
HB0631 Enrolled            -8-                LRB9100454SMdvE
 1    completed by a registrant with the Illinois Adoption Registry
 2    and Medical Information Exchange authorizing the  release  of
 3    identifying information.
 4        "Medical  Information  Exchange  Questionnaire" means the
 5    medical history questionnaire completed by  a  registrant  of
 6    the   Illinois  Adoption  Registry  and  Medical  Information
 7    Exchange.
 8        "Proof of death" means a death certificate.
 9        "Registrant" or "Registered Party" means a birth  parent,
10    birth  sibling, adopted or surrendered person over the age of
11    21, or adoptive parent or legal guardian  of  an  adopted  or
12    surrendered  person  under  the  age  of  21 who has filed an
13    Illinois  Adoption  Registry  Application   or   Registration
14    Identification Form with the Registry.
15        "Surrendered person" means a person whose parents' rights
16    have  been  surrendered  or  terminated  but who has not been
17    adopted.

18        (750 ILCS 50/18.07 new)
19        Sec. 18.07.  Adoption Registry Advisory  Council.   There
20    is  established  an  Adoption Registry Advisory Council.  The
21    Council shall be chaired by the Director of the Department of
22    Public Health or his designee.  The Council shall include the
23    Director of the Department of Children and Family Services or
24    his  designee.   The   Council   shall   also   include   one
25    representative  from  each  of  the  following organizations:
26    Adoption Advocates  of  Illinois,  Adoptive  Families  Today,
27    American  Adoption Congress, Catholic Conference of Illinois,
28    Chicago Area Families for Adoption, Chicago Bar  Association,
29    Child  Care  Association  of  Illinois,  Children Remembered,
30    Inc., Children's Home and  Aid  Society  of  Illinois,  Child
31    Welfare   Advisory  Council,   The  Cradle,  Healing  Hearts,
32    Illinois  Foster  Parents  Association,  Illinois  State  Bar
33    Association,   Illinois   State   Medical   Society,   Jewish
 
HB0631 Enrolled            -9-                LRB9100454SMdvE
 1    Children's Bureau, Kids Help Foundation, LDS Social Services,
 2    Lutheran Social  Services  of  Illinois,  Maryville  Academy,
 3    Midwest Adoption Center, St. Mary's Services, Stars of David,
 4    and Truthseekers in Adoption.
 5        If  any one of the above named organizations notifies the
 6    Director of the Department of Public Health in  writing  that
 7    the organization does not wish to participate on the Advisory
 8    Council  or  that  the organization is no longer functioning,
 9    the  Director  shall  appoint   another   organization   that
10    represents the same constituency as the named organization to
11    replace the named organization on the Council.
12    The Council's responsibilities shall include the following:
13        1)  Advising  the Department on the development of rules,
14        procedures, and forms utilized by the  Illinois  Adoption
15        Registry and Medical Information Exchange;
16        2)  Making   recommendations  regarding  the  procedures,
17        tools and  technology  that  will  ensure  efficient  and
18        effective operation of the Registry;
19        3)  Submitting  a  report to the Governor and the General
20        Assembly no later than January 1, 2001, on the status  of
21        the  Registry,  an evaluation of the effectiveness of the
22        Registry,  and   pertinent   statistics   regarding   the
23        Registry;
24        4)  Assisting   the   Department  with  the  development,
25        publication, and circulation of an informational pamphlet
26        that describes the purpose, function,  and  mechanics  of
27        the  Illinois  Adoption  Registry and Medical Information
28        Exchange, including information about who is eligible  to
29        register  and  how  to  register;  information  about the
30        questions and concerns that registrants may develop  when
31        they  register  or when they receive information from the
32        Registry; and a list of services, programs,  groups,  and
33        informational  websites  that  are  available  to  assist
34        registrants with their questions and concerns.
 
HB0631 Enrolled            -10-               LRB9100454SMdvE
 1        (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
 2        Sec. 18.1.  Disclosure of identifying information.
 3        (a)  The  Department of Public Health shall establish and
 4    maintain a Registry for the purpose of providing  identifying
 5    information   to   mutually   consenting   adult  adopted  or
 6    surrendered persons, birth parents, adoptive  parents,  legal
 7    guardians   and   birth  siblings  children  surrendered  for
 8    adoption or adoptees and biological parents and  to  mutually
 9    consenting  biological  siblings. Identifying information for
10    the purpose of this Act shall mean any one  or  more  of  the
11    following:
12             (1)  only  The  name  and  last known address of the
13        consenting person or persons.
14             (2)  A  copy  of  the  Illinois  Adoption   Registry
15        Application of the consenting person or persons.
16             (3)  A  copy  of  the  original  certificate of live
17        birth of the adopted person.
18        Written authorization from all parties identified must be
19    received prior to disclosure of any identifying information.
20        (b)  At  any  time  after  a  child  is  surrendered  for
21    adoption, or at any time during the adoption  proceedings  or
22    at  any  time  thereafter,  either birth biological parent or
23    both of them may file with the Registry  a  Birth  Biological
24    Parent  Registration  Identification  Form and an Information
25    Exchange Authorization or a Denial of Information Exchange.
26        (b-5)  A birth sibling 21 years of age or  over  who  was
27    not  surrendered  for adoption and who has submitted proof of
28    death for a deceased birth parent and such birth  parent  did
29    not  file  a Denial of Information Exchange with the Registry
30    prior  to  his  or  her  death  may   file   a   Registration
31    Identification Form and an Information Exchange Authorization
32    or a Denial of Information Exchange.
33        (c)  Any  adopted  person  over the age of 21 adoptee, or
34    any surrendered person over the age of 21 child who has  been
 
HB0631 Enrolled            -11-               LRB9100454SMdvE
 1    surrendered   for  adoption  but  not  adopted  ("surrendered
 2    child"), or any adoptive  parent  or  legal  guardian  of  an
 3    adopted  or  surrendered  person under the age of 21 may file
 4    with the Registry a an  Adoptee  Registration  Identification
 5    Form  or a Surrendered Child Registration Identification Form
 6    and an Information Exchange  Authorization  or  a  Denial  of
 7    Information Exchange. if such adoptee or surrendered child is
 8    21  years  of  age  or  over; or, if over 18 years of age and
 9    under  21  years  of  age,  if  there  is  attached  to   the
10    Information  Exchange  Authorization  (1)  written consent of
11    both adoptive parents, or (2) written  consent  of  a  single
12    adoptive  parent  with  a  certified  copy of the Judgment of
13    Adoption, or (3) proof of the death of  one  adoptive  parent
14    and  written consent of the surviving adoptive parent, or (4)
15    written consent of the guardian of the adoptee or surrendered
16    child with a certified copy of the Order of Guardianship.
17        (d)  The Department of Public Health shall supply to the
18    adopted adoptee or surrendered person or his or her  adoptive
19    parents  or legal guardians child and to the birth biological
20    parents identifying information  only  if  both  the  adopted
21    adoptee  or  surrendered  person child or his or her adoptive
22    parents or legal guardians and the birth  biological  parents
23    have   filed   with  the  Registry  an  Information  Exchange
24    Authorization and the information at the  Registry  indicates
25    that  the  consenting  adopted  adoptee or surrendered person
26    child or the child of  the  consenting  adoptive  parents  or
27    legal   guardians  is  the  child  of  the  consenting  birth
28    biological parents.
29        The Department of Public Health shall supply  to  adopted
30    adoptees  or  surrendered  persons  children  who  are  birth
31    biological  siblings  identifying  information  only  if both
32    siblings have filed with the Registry an Information Exchange
33    Authorization and the information at the  Registry  indicates
34    that   the   consenting  siblings  have  one  or  both  birth
 
HB0631 Enrolled            -12-               LRB9100454SMdvE
 1    biological parents in common.  Identifying information  shall
 2    be  supplied to consenting birth biological siblings who were
 3    adopted or surrendered if any such sibling is 21 years of age
 4    or over; or, if over 18 years of age and under  21  years  of
 5    age,  if  there  is  attached  to  the  Information  Exchange
 6    Authorization  (1)  written consent of both adoptive parents,
 7    or (2) written consent of a single  adoptive  parent  with  a
 8    certified  copy  of the Judgment of Adoption, or (3) proof of
 9    the death of one adoptive parent and written consent  of  the
10    surviving  adoptive  parent,  or  (4)  written consent of the
11    guardian of the adoptee or surrendered child with a certified
12    copy of the Order of Guardianship.   Identifying  information
13    shall  be  supplied to consenting birth siblings who were not
14    adopted or surrendered if any such sibling is 21 years of age
15    or over and has proof of death of the common birth parent and
16    such birth parent  did  not  file  a  Denial  of  Information
17    Exchange with the Registry prior to his or her death.
18        (e)  A  birth  biological  parent, birth sibling, adopted
19    adoptee or surrendered person or their  adoptive  parents  or
20    legal  guardians  child may notify the Registry of his or her
21    desire not to have his or her identity revealed or may revoke
22    any previously filed Information  Exchange  Authorization  by
23    completing   and   filing   with   the  Registry  a  Registry
24    Identification  Form  along  with  a  Denial  of  Information
25    Exchange. The Illinois Adoption Registry Application does not
26    need to be completed in order to file a Denial of Information
27    Exchange.  Any adopted or adoptee, surrendered person or  his
28    or  her  adoptive  parents  or  legal  guardians, child birth
29    sibling or birth biological parent may  revoke  a  Denial  of
30    Information   Exchange  by  filing  an  Information  Exchange
31    Authorization.  The Department of Public Health shall act  in
32    accordance with the most recently filed Authorization.
33        (f)  Identifying   information   ascertained   from   the
34    Registry  shall be confidential and may be disclosed only (1)
 
HB0631 Enrolled            -13-               LRB9100454SMdvE
 1    upon a Court Order, which order  shall  name  the  person  or
 2    persons entitled to the information, or (2) to the adopted or
 3     adoptee, surrendered person child, adoptive parents or legal
 4    guardians,  birth  adopted  or  surrendered sibling, or birth
 5    biological parent if both the adopted or  surrendered  person
 6    or his or her adoptive parents or legal guardians adoptee, or
 7    surrendered child, and his or her birth biological parent, or
 8    both,  birth adopted or surrendered siblings, have filed with
 9    the Registry an Information Exchange Authorization, or (3) as
10    authorized under subsection (h) of Section 18.3 of this  Act.
11    A  copy  of  the  certificate  of  live  birth  shall only be
12    released to an adopted person who was born  in  Illinois  and
13    who  is  the subject of an Information Exchange Authorization
14    filed by one of his or her birth parents  or  non-surrendered
15    birth   siblings.    Any   person   who   willfully  provides
16    unauthorized disclosure of any  information  filed  with  the
17    Registry  or  who  knowingly  or  intentionally  files  false
18    information  with  the  Registry shall be guilty of a Class A
19    misdemeanor and shall be liable for damages.
20        (g)  If information is disclosed pursuant  to  this  Act,
21    the  Department  shall  redact  it  to remove any identifying
22    information about any party who  has  not  consented  to  the
23    disclosure of such identifying information.
24    (Source: P.A. 86-1451.)

25        (750 ILCS 50/18.1a new)
26        Sec. 18.1a.  Registry matches.
27        (a)  The  Registry shall release identifying information,
28    as specified on the Information  Exchange  Authorization,  to
29    the  following  mutually  consenting  registered  parties and
30    provide them with any photographs which have been  placed  in
31    the  Adoption/Surrender  Records  File  and  are specifically
32    intended for the registered parties:
33             (i)  an adult adopted or surrendered person and  one
 
HB0631 Enrolled            -14-               LRB9100454SMdvE
 1        of  his  or  her birth parents or birth siblings who have
 2        both   filed   an   applicable    Information    Exchange
 3        Authorization  specifying the other consenting party with
 4        the Registry, if information available  to  the  Registry
 5        confirms  that  the  consenting  adopted  or  surrendered
 6        person is a birth relative of the consenting birth parent
 7        or sibling;
 8             (ii)  the  adoptive  parent  or legal guardian of an
 9        adopted or surrendered person under the age of 21 and one
10        of his or her birth parents or birth  siblings  who  have
11        both   filed   an   Information   Exchange  Authorization
12        specifying the other consenting party with the  Registry,
13        if  information  available  to the Registry confirms that
14        the child of the  consenting  adoptive  parent  or  legal
15        guardian  is  a  birth  relative  of the consenting birth
16        parent or birth sibling.
17        (b)  If a registrant  is  the  subject  of  a  Denial  of
18    Information  Exchange filed by another party to the adoption,
19    the Registry shall not  release  identifying  information  to
20    either registrant.
21        (c)  If  a registrant has completed a Medical Information
22    Exchange Questionnaire and has consented to  its  disclosure,
23    that  Questionnaire shall be released to any registered party
24    who has indicated their desire to receive such information on
25    his  or  her  Illinois  Adoption  Registry  Application,   if
26    information  available  to  the  Registry  confirms  that the
27    consenting parties are birth relatives or that the consenting
28    birth relative and the  child  of  the  consenting,  adoptive
29    parents or legal guardians are birth relatives.

30        (750 ILCS 50/18.1b new)
31        Sec.  18.1b.  The Illinois Adoption Registry Application.
32    The   Illinois   Adoption    Registry    Application    shall
33    substantially include the following:
 
HB0631 Enrolled            -15-               LRB9100454SMdvE
 1        (a)  General Information.  The Illinois Adoption Registry
 2    Application  shall  include  the space to provide Information
 3    about the registrant including his or her surname, given name
 4    or names, social security number (optional), mailing address,
 5    home telephone number, gender, date and place of  birth,  and
 6    the  date  of  registration.   If applicable and known to the
 7    registrant, he or she may include the maiden surname  of  the
 8    birth  mother,  any  subsequent surnames of the birth mother,
 9    the surname of the birth father, the given name or  names  of
10    the birth parents, the dates and places of birth of the birth
11    parents,  the  surname and given name or names of the adopted
12    person prior to adoption, the gender and date  and  place  of
13    birth  of  the adopted or surrendered person, the name of the
14    adopted person following his or her adoption  and  the  state
15    and county where the judgment of adoption was finalized.
16        (b)  Medical   Information  Exchange  Questionnaire.   In
17    recognition of the importance of medical information  and  of
18    recent  discoveries  regarding  the  genetic  origin  of many
19    medical conditions and  diseases  all  registrants  shall  be
20    asked  to voluntarily complete a Medical Information Exchange
21    Questionnaire.
22             (1)  For  birth  parents  or  birth  siblings,   the
23        Medical  Information Exchange Questionnaire shall include
24        a comprehensive  check-list  of  medical  conditions  and
25        diseases   including  those  of  genetic  origin.   Birth
26        parents and birth siblings shall be asked to indicate all
27        genetically-inherited diseases  and  conditions  on  this
28        list   which  are  known  to  exist  in  the  adopted  or
29        surrendered  person's  birth  family  at  the   time   of
30        registration.  In  addition,  all birth parents and birth
31        siblings shall be apprised of the  Registry's  provisions
32        for  voluntarily  submitting  information about their and
33        their  family's  medical  histories  on  a  confidential,
34        ongoing basis.
 
HB0631 Enrolled            -16-               LRB9100454SMdvE
 1             (2)  Adopted  and  surrendered  persons  and   their
 2        adoptive  parents  or  legal  guardians shall be asked to
 3        indicate all genetically-inherited diseases  and  medical
 4        conditions  with  which the adopted or surrendered person
 5        or,  if  applicable,  his  or  her  children  have   been
 6        diagnosed since birth.
 7             (3)  The  Medical Information Exchange Questionnaire
 8        shall include a space where the registrant may  authorize
 9        the   release   of   the   Medical  Information  Exchange
10        Questionnaire  to  specified  parties  and  a  disclaimer
11        informing  registrants  that  the  Department  of  Public
12        Health  cannot  guarantee   the   accuracy   of   medical
13        information exchanged through the Registry.
14        (c)  Written  statement.   All registrants shall be given
15    the opportunity to voluntarily file a written statement  with
16    the Registry.  This statement shall be submitted in the space
17    provided.  No  written  statement  submitted  to the Registry
18    shall  include  identifying  information  pertaining  to  any
19    person other than the registrant who submitted it.  Any  such
20    identifying  information  shall be redacted by the Department
21    or returned for removal of identifying information.
22        (d)  Contact information.  All registrants  may  indicate
23    their  wishes  regarding contact with any other registrant by
24    completing an Information Exchange Authorization or a  Denial
25    of Information Exchange.
26             (1)  Information Exchange Authorization.  Adopted or
27        surrendered  persons  21  years  of age or over who would
28        welcome contact with one or more of their  birth  parents
29        or  birth  siblings;  birth  parents  who  would  welcome
30        contact  with an adopted or surrendered person, or one or
31        more of his or her adoptive parents or  legal  guardians;
32        birth  siblings  21 years of age or over who were adopted
33        or surrendered and who  would  welcome  contact  with  an
34        adopted  or  surrendered person, or one or more of his or
 
HB0631 Enrolled            -17-               LRB9100454SMdvE
 1        her adoptive parents or legal guardians;  birth  siblings
 2        21  years of age or over who were not surrendered and who
 3        have submitted proof of death for any common birth parent
 4        who did not file a Denial of Information  Exchange  prior
 5        to  his  or her death, and who would welcome contact with
 6        an adopted or surrendered person, or one or more  of  his
 7        or  her adoptive parents or legal guardians; and adoptive
 8        parents or legal  guardians  of  adopted  or  surrendered
 9        persons  under  the  age  of 21 who would welcome contact
10        with one or more of the adopted or  surrendered  person's
11        birth  parents  or  birth  siblings may specify with whom
12        they wish to exchange identifying information  by  filing
13        an  Information Exchange Authorization at the time of the
14        adoption or surrender, or any time thereafter.
15             (2)  Denial of  Information  Exchange.   Adopted  or
16        surrendered  persons  21  years of age or over who do not
17        wish to establish contact with one or more of their birth
18        parents or birth siblings may specify with whom  they  do
19        not  wish to exchange identifying information by filing a
20        Denial of Information Exchange.  Birth parents  or  birth
21        siblings  who  do  not  wish to establish contact with an
22        adopted or surrendered person or one or more  of  his  or
23        her  adoptive parents or legal guardians may specify with
24        whom they do not wish to exchange identifying information
25        by filing a Denial of Information Exchange at the time of
26        the  adoption  or  surrender,  or  any  time  thereafter.
27        Adoptive  parents  or  legal  guardians  of  adopted   or
28        surrendered  persons  under the age of 21 who do not wish
29        to establish contact with one or more of the  adopted  or
30        surrendered  person's birth parents or birth siblings may
31        specify  with  whom  they  do  not   wish   to   exchange
32        identifying information by filing a Denial of Information
33        Exchange at the time of the adoption or surrender, or any
34        time   thereafter.   The   Illinois   Adoption   Registry
 
HB0631 Enrolled            -18-               LRB9100454SMdvE
 1        Application  does  not  need  to be completed in order to
 2        file a Denial of Information Exchange.
 3        (e)  A registrant may complete all or  any  part  of  the
 4    Illinois   Adoption   Registry   Application.   All  Illinois
 5    Adoption   Registry   Applications,   Information    Exchange
 6    Authorizations,  Denials of Information Exchange, requests to
 7    revoke an Information Exchange  Authorization  or  Denial  of
 8    Information   Exchange,   and  affidavits  submitted  to  the
 9    Registry shall be accompanied by proof of identification.
10        (f)  The Department shall establish the Illinois Adoption
11    Registry Application form including the  Medical  Information
12    Exchange Questionnaire by rule.

13        (750 ILCS 50/18.1c new)
14        Sec.    18.1c.     Effective    date   of   registration.
15    Registration with the Illinois Adoption Registry and  Medical
16    Information  Exchange  shall  become effective as soon as the
17    applicant's completed Illinois Adoption Registry  Application
18    has been filed with the Registry.

19        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
20        Sec. 18.2. Forms.
21        (a)  The form of the Birth Biological Parent Registration
22    Identification Form shall be substantially as follows:
23         BIRTH BIOLOGICAL PARENT REGISTRATION IDENTIFICATION
24                   (Insert all known information)
25    I,  .....,  state  that I am the ...... (mother or father) of
26    the following child:
27        Child's original name: ..... (first) ..... (middle) .....
28             (last),  .....  (hour  of  birth),  .....  (date  of
29             birth), ..... (city and state of birth), ..... (name
30             of hospital).
31        Father's full name: ...... (first) ...... (middle)  .....
32             (last), ..... (date of birth), ..... (city and state
 
HB0631 Enrolled            -19-               LRB9100454SMdvE
 1             of birth).
 2        Name  of  mother  inserted  on  birth  certificate: .....
 3             (first) ..... (middle) ..... (last),  .....  (race),
 4             .....  (date  of  birth),  ...... (city and state of
 5             birth).
 6    That I  surrendered  my  child  to:  .............  (name  of
 7        agency),   .....   (city  and  state  of  agency),  .....
 8        (approximate date child surrendered).
 9    That I placed gave up my child  by  private  adoption:  .....
10        (date), ...... (city and state).
11    Name of adoptive parents, if known: ......
12    Other identifying information: .....
13                                         ........................
14                                            (Signature of parent)
15    ............                         ........................
16    (date)                               (printed name of parent)

17        (b)  The  form of the Adopted Person Adoptee Registration
18    Identification shall be substantially as follows:
19                       ADOPTED PERSON ADOPTEE
20                     REGISTRATION IDENTIFICATION
21                   (Insert all known information)
22    I, ....., state the following:
23        Adopted Person's Adoptee's present  name:  .....  (first)
24             ..... (middle) ..... (last).
25        Adopted  Person's  Adoptee's  name  at  birth (if known):
26             ..... (first) .....  (middle)  .....  (last),  .....
27             (birth  date),  .....  (city  and  state  of birth),
28             ...... (sex), ..... (race).
29        Name of adoptive father:  .....  (first)  .....  (middle)
30             ..... (last), ..... (race).
31        Maiden  name  of  adoptive  mother:  .....  (first) .....
32             (middle) ..... (last), ..... (race).
33        Name of birth biological mother (if known): ..... (first)
34             ..... (middle) ..... (last), ..... (race).
 
HB0631 Enrolled            -20-               LRB9100454SMdvE
 1        Name of birth biological father (if known): ..... (first)
 2             ..... (middle) ..... (last), ..... (race).
 3        Name(s) at birth of  sibling(s)  having  a  common  birth
 4             biological  parent  with  adoptee  (if known): .....
 5             (first) ..... (middle) ..... (last),  .....  (race),
 6             and  name  of  common birth biological parent: .....
 7             (first) ..... (middle) ..... (last), ..... (race).
 8    I was adopted through: ..... (name of agency).
 9    I was adopted privately: ..... (state "yes" if known).
10    I was adopted in ..... (city and state),  .....  (approximate
11        date).
12    Other identifying information: .............
13                                           ......................
14                                           (signature of adoptee)
15    ...........                         .........................
16    (date)                              (printed name of adoptee)

17        (c)  The   form   of   the   Surrendered   Person   Child
18    Registration   Identification   shall   be  substantially  as
19    follows:
20                SURRENDERED PERSON CHILD REGISTRATION
21                           IDENTIFICATION
22                   (Insert all known information)
23    I, ....., state the following:
24        Surrendered Person's Child's present name: .....  (first)
25             ..... (middle) ..... (last).
26        Surrendered  Person's  Child's  name at birth (if known):
27             .....   (first)   .....   (middle)   .....   (last),
28             .....(birth date), ..... (city and state of  birth),
29             ...... (sex), ..... (race).
30        Name  of  guardian  father:  ..... (first) ..... (middle)
31             ..... (last), ..... (race).
32        Maiden name  of  guardian  mother:  .....  (first)  .....
33             (middle) ..... (last), ..... (race).
34        Name of birth biological mother (if known): ..... (first)
 
HB0631 Enrolled            -21-               LRB9100454SMdvE
 1             ..... (middle) ..... (last) ..... (race).
 2        Name of birth biological father (if known): ..... (first)
 3             ..... (middle) ..... (last), .....(race).
 4        Name(s)  at  birth  of  sibling(s)  having a common birth
 5             biological parent with  surrendered  person  adoptee
 6             (if  known):  .....  (first)  .....  (middle)  .....
 7             (last),  .....  (race),  and  name  of  common birth
 8             biological  parent:  .....  (first)  .....  (middle)
 9             ..... (last), ..... (race).
10    I was surrendered for adoption to: ..... (name of agency).
11    I was surrendered for adoption in  .....  (city  and  state),
12        ..... (approximate date).
13    Other identifying information: ............
14                                 ................................
15                          (signature of surrendered person child)
16    ............                           ......................
17    (date)                          (printed name of person child
18                                        surrendered for adoption)

19        (d)  The  form  of the Information Exchange Authorization
20    shall be substantially as follows:
21                 INFORMATION EXCHANGE AUTHORIZATION
22        I, ....., state that I am the person  who  completed  the
23    Registration  Identification;  that  I am of the age of .....
24    years; that I  hereby  authorize  the  Department  of  Public
25    Health  to  give  to  my  (birth  biological  parent)  (birth
26    biological sibling) (surrendered child) the following (please
27    check the information authorized for exchange):
28             [  ]  1.  Only my name and last known address.
29             [  ]  2.  A  copy  of  my Illinois Adoption Registry
30        Application.
31             [  ]  3.  A copy of the original certificate of live
32        birth. necessary information so I can be contacted; that
33        I am fully aware that I can only  be  supplied  with  any
34    information  about  the  name  and  last  known address of my
 
HB0631 Enrolled            -22-               LRB9100454SMdvE
 1    (birth  biological   parent)   (birth   biological   sibling)
 2    (surrendered  child)  if  such  person  has  duly executed an
 3    Information Exchange Authorization for such information which
 4    has not been revoked; that I can be contacted by writing  to:
 5    .....  (own  name  or  name  of  person to contact) (address)
 6    (phone number).  Dated  (insert  date).  this  .....  day  of
 7    ....., 19...
 8    ............                                   ..............
 9    (witness)                                         (signature)

10        (e)  The form of the Denial of Information Exchange shall
11    be substantially as follows:
12                   DENIAL OF INFORMATION EXCHANGE
13        I,  .....,  state  that I am the person who completed the
14    Registration Identification; that I am of the  age  of  .....
15    years; that I hereby instruct the Department of Public Health
16    not to give any identifying information about me to my (birth
17      biological  parent) (birth biological sibling) (surrendered
18    child); that I do not wish to be contacted.
19        Dated (insert date). this .... day of ......, 19...
20    .............                                 ...............
21    (witness)                                         (signature)

22        (f)  The  Information  Exchange  Authorization  and   the
23    Denial  of  Information Exchange shall be acknowledged by the
24    birth biological parent, birth  biological  sibling,  adopted
25    adoptee  or  surrendered  person,  adoptive  parent, or legal
26    guardian child before a notary public, in form  substantially
27    as follows:
28    State of ..............
29    County of .............
30        I,  a  Notary  Public, in and for the said County, in the
31    State  aforesaid,  do  hereby  certify  that  ...............
32    personally known to me to be the same person  whose  name  is
33    subscribed  to  the foregoing certificate of acknowledgement,
 
HB0631 Enrolled            -23-               LRB9100454SMdvE
 1    appeared before me in person and  acknowledged  that  (he  or
 2    she)  signed  such  certificate  as  (his  or  her)  free and
 3    voluntary act and that the statements in such certificate are
 4    true.
 5        Given under my hand and notarial seal on  (insert  date).
 6    this ....... day of .........., 19...
 7                                        .........................
 8                                                 (signature)

 9        (g)  When   the  execution  of  an  Information  Exchange
10    Authorization  or  a  Denial  of  Information   Exchange   is
11    acknowledged  before  a  representative  of  an  agency, such
12    representative shall have his signature on  said  Certificate
13    acknowledged before a notary public, in form substantially as
14    follows:
15    State of..........
16    County of.........
17        I,  a  Notary  Public, in and for the said County, in the
18    State aforesaid, do  hereby  certify  that  .....  personally
19    known to me to be the same person whose name is subscribed to
20    the foregoing certificate of acknowledgement, appeared before
21    me  in  person  and acknowledged that (he or she) signed such
22    certificate as (his or her) free and voluntary act  and  that
23    the statements in such certificate are true.
24        Given  under  my hand and notarial seal on (insert date).
25    this ..... day of ........., 19...
26                                          .......................
27                                                   (signature)

28        (h)  When   Where   an   Illinois    Adoption    Registry
29    Application,  Information  Exchange Authorization or a Denial
30    of Information Exchange  is  executed  signed  in  a  foreign
31    country, the execution of such document shall be acknowledged
32    or  affirmed  before an officer of the United States consular
33    services in a manner conformable to the law and procedure  of
 
HB0631 Enrolled            -24-               LRB9100454SMdvE
 1    such country.
 2        (i)  If   the  person  signing  an  Information  Exchange
 3    Authorization or a Denial of Information is in  the  military
 4    service  of the United States, the execution of such document
 5    may be acknowledged before a  commissioned  officer  and  the
 6    signature  of  such  officer  on  such  certificate  shall be
 7    verified or acknowledged before a notary public  or  by  such
 8    other  procedure  as  is  then in effect for such division or
 9    branch of the armed forces.
10        (j)  The Department shall modify these forms as necessary
11    to implement the provisions of this Amendatory  Act  of  1999
12    including  creating  Registration  Identification  Forms  for
13    non-surrendered  birth  siblings,  adoptive parents and legal
14    guardians.
15    (Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)

16        (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
17        Sec. 18.3.     (a)  The agency,  Department  of  Children
18    and  Family  Services,  Court  Supportive  Services, Juvenile
19    Division of the Circuit  Court,  Probation  Officers  of  the
20    Circuit Court and any other party to the surrender of a child
21    for  adoption  or in an adoption proceeding shall obtain from
22    any birth biological parent or parents giving up a child  for
23    purposes  of  adoption after the effective date of this Act a
24    written statement which indicates:   (1)  a  desire  to  have
25    identifying   information   shared   with   the   adopted  or
26    surrendered person child at a later date; (2)  a  desire  not
27    to  have  identifying  information  revealed; or (3)  that no
28    decision is made at that  time.   In  addition,  the  agency,
29    Department  of Children and Family Services, Court Supportive
30    Services, Juvenile Division of the  Circuit  Court,  and  any
31    other  organization  involved in the surrender of a child for
32    adoption in an adoption proceeding  shall  inform  the  birth
33    parent  or parents of a child born, adopted or surrendered in
 
HB0631 Enrolled            -25-               LRB9100454SMdvE
 1    Illinois of the existence of the Illinois  Adoption  Registry
 2    and  Medical  Information  Exchange and provide them with the
 3    necessary application forms and if requested, assistance with
 4    completing the forms.
 5        (b)  When the written  statement  is  signed,  the  birth
 6    biological  parent  or  parents  shall be informed in writing
 7    that their decision  regarding  the  sharing  of  identifying
 8    information  can  be made or changed by such birth biological
 9    parent or parents at any future date.
10        (c)  The birth biological parent  shall  be  informed  in
11    writing  that  if sharing of identifying information with the
12    adopted or surrendered person child is to occur, that  he  or
13    she  the  child  must be 21 years of age or over; or if under
14    the age of 21 with written consent of both adoptive  parents,
15    with  written consent of a single adoptive parent, with proof
16    of death of one adoptive parent and written  consent  of  the
17    surviving  adoptive  parent,  or  with written consent of the
18    guardian of the child.
19        (d)  If the birth biological parent or parents indicate a
20    desire to share identifying information with the  adopted  or
21    surrendered  person child, the birth parent shall complete an
22    Information Exchange Authorization. statement  shall  contain
23    information   regarding   means   to   communicate  with  the
24    biological parent.
25        (e)  Any birth biological parent  or  parents  requesting
26    that  no  identifying  information be revealed to the adopted
27    adoptee or surrendered person child shall  be  informed  that
28    such  request  will  be  conveyed  to  the adopted adoptee or
29    surrendered  person  child  if  he  or  she  the  adoptee  or
30    surrendered  child  requests  such  information;   and   such
31    identifying information shall not be revealed.
32        (f)  Any  adopted  adoptee or surrendered person child 21
33    years of age or over, and any adoptee under 21 years  of  age
34    with  written  consent of the adoptive parents, the surviving
 
HB0631 Enrolled            -26-               LRB9100454SMdvE
 1    adoptive parent, a single adoptive parent or the guardian  of
 2    the  child  may also indicate in writing his or her desire or
 3    lack of desire to  share  identifying  information  with  the
 4    birth  biological  parent  or  parents  or  birth  biological
 5    sibling  or  siblings.   Any  adopted  adoptee or surrendered
 6    person child requesting that no  identifying  information  be
 7    revealed  to  the birth biological parent or birth biological
 8    sibling shall be informed that such request shall be conveyed
 9    to the parent  if  such  birth  biological  parent  or  birth
10    biological   sibling  requests  such  information;  and  such
11    identifying information shall not be revealed.
12        (g)  Any birth  biological  parents,  birth  sibling  and
13    adopted  adoptees  or  surrendered person, adoptive parent or
14    legal guardian children indicating their  desire  to  receive
15    have  identifying or medical information shall be informed of
16    the existence of the Registry and assistance shall  be  given
17    to  such  person  biological  parent,  adoptee or surrendered
18    child to also  legally  record  his  or  her  name  with  the
19    Registry.
20        (h)  The   agency,  Department  of  Children  and  Family
21    Services, Court Supportive Services, Juvenile Division of the
22    Circuit Court, Probation Officers of the  Circuit  Court  and
23    any  other  organization involved in the surrender of a child
24    for adoption in an  adoption  proceeding  which  has  written
25    statements  from  an  adopted  adoptee  or surrendered person
26    child and the birth biological parent or a  birth  biological
27    sibling   indicating   a   desire   to   receive  identifying
28    information shall supply such  information  to  the  mutually
29    consenting  parties,  except  that no identifying information
30    shall be supplied to consenting birth biological siblings  if
31    any  such sibling is under 21 years of age. However, both the
32    Registry having an Information Exchange Authorization and the
33    organization   having   a   written   statement    requesting
34    identifying  information shall communicate with each other to
 
HB0631 Enrolled            -27-               LRB9100454SMdvE
 1    determine if the adopted adoptee or surrendered person  child
 2    or  the  birth  biological parent or birth biological sibling
 3    has signed a form at a later date indicating a change in his
 4    or her desires regarding the  sharing  of  information.   The
 5    agreement of the birth biological parent shall be binding.
 6        (i)  On  and  after  January  1, 2000, any licensed child
 7    welfare agency which provides post-adoption search assistance
 8    to adoptive parents, adopted persons, birth parents, or birth
 9    siblings   shall   require   that   any   person   requesting
10    post-adoption search assistance complete an Illinois Adoption
11    Registry Application prior to the commencement of the search.
12    
13    (Source: P.A. 86-1451.)

14        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
15        Sec. 18.3a.  Confidential intermediary.
16        (a)  General   purposes.    Notwithstanding   any   other
17    provision of this Act, any adopted person  adoptee  over  the
18    age  of  21 18 or any adoptive parent or legal guardian of an
19    adopted person adoptee under the age of 21  18  may  petition
20    the  court  for appointment of a confidential intermediary as
21    provided in this Section for the purpose  of  obtaining  from
22    one or both birth biological parents or a sibling or siblings
23    of  the  adopted  person  adoptee  information concerning the
24    background of a psychological  or  genetically-based  medical
25    problem   experienced   or   which  may  be  expected  to  be
26    experienced in the future by the adopted  person  adoptee  or
27    obtaining assistance in treating such a problem.
28        (b)  Petition.   The  court  shall appoint a confidential
29    intermediary for the purposes described in subsection (f)  if
30    the petitioner shows the following:
31             (1)  the  adopted person adoptee is suffering or may
32        be  expected   to   suffer   in   the   future   from   a
33        life-threatening or substantially incapacitating physical
 
HB0631 Enrolled            -28-               LRB9100454SMdvE
 1        illness  of  any  nature,  or a psychological disturbance
 2        which   is   substantially   incapacitating    but    not
 3        life-threatening,  or  a  mental  illness  which,  in the
 4        opinion of a physician licensed to practice  medicine  in
 5        all  its  branches, is or could be genetically based to a
 6        significant degree;
 7             (2)  the treatment of the adopted person adoptee, in
 8        the opinion of a physician licensed to practice  medicine
 9        in  all  of its branches, would be materially assisted by
10        information obtainable from the birth biological  parents
11        or  might  benefit  from the provision of organs or other
12        bodily  tissues,  materials,  or  fluids  by  the   birth
13        biological  parents  or other close biological relatives;
14        and
15             (3)  there  is  neither  an   Information   Exchange
16        Authorization  nor a Denial of Information Exchange filed
17        in the Registry as provided in Section 18.1.
18        The affidavit or  testimony  of  the  treating  physician
19    shall  be  conclusive  on the issue of the utility of contact
20    with the birth biological parents unless the court finds that
21    the relationship between the illness to be  treated  and  the
22    alleged need for contact is totally without foundation.
23        (c)  Fees  and  expenses.   The court shall condition the
24    appointment of the confidential intermediary on  the  payment
25    of  the  intermediary's  fees and expenses in advance, unless
26    the intermediary waives the right to full advance payment  or
27    to any reimbursement at all.
28        (d)  Eligibility  of intermediary.  The court may appoint
29    as  confidential  intermediary  either  an  employee  of  the
30    Illinois  Department  of   Children   and   Family   Services
31    designated  by  the  Department  to  serve as such, any other
32    person certified by the Department as qualified to serve as a
33    confidential intermediary, or  any  employee  of  a  licensed
34    child  welfare agency certified by the agency as qualified to
 
HB0631 Enrolled            -29-               LRB9100454SMdvE
 1    serve as a confidential intermediary.
 2        (e)  Access.  Notwithstanding any other provision of law,
 3    the  confidential  intermediary  shall  have  access  to  all
 4    records of the court or any agency, public or private,  which
 5    relate  to  the  adoption or the identity and location of any
 6    birth biological parent.
 7        (f)  Purposes of contact.  The confidential  intermediary
 8    has only the following powers and duties:
 9             (1)  To   contact   one  or  both  birth  biological
10        parents, inform  the  parent  or  parents  of  the  basic
11        medical  problem  of  the  adopted person adoptee and the
12        nature of the information or assistance sought  from  the
13        birth biological parent, and inform the parent or parents
14        of the following options:
15                  (A)  The  birth  biological  parent may totally
16             reject the request for assistance or information, or
17             both, and no  disclosure  of  identity  or  location
18             shall be made to the petitioner.
19                  (B)  The  birth  biological  parent may file an
20             Information Exchange Authorization  as  provided  in
21             Section  18.1.  The  confidential intermediary shall
22             explain  to  the   birth   biological   parent   the
23             consequences  of  such  a filing, including that the
24             birth biological parent's identity will be available
25             for discovery by the adopted person adoptee. If the
26             birth biological parent agrees to this  option,  the
27             confidential  intermediary  shall  supply the parent
28             with the appropriate forms, shall be responsible for
29             their immediate filing with the Registry, and  shall
30             inform the petitioner of their filing.
31                  (C)  If  the  birth biological parent wishes to
32             provide the information  or  assistance  sought  but
33             does  not  wish  his  or her identity disclosed, the
34             confidential  intermediary  shall  arrange  for  the
 
HB0631 Enrolled            -30-               LRB9100454SMdvE
 1             disclosure of the information or  the  provision  of
 2             assistance  in  as confidential a manner as possible
 3             so as to protect the privacy of the birth biological
 4              parent and minimize the likelihood of disclosure of
 5             the birth biological parent's identity.
 6             (2)  If a birth biological  parent  so  desires,  to
 7        arrange   for   a  confidential  communication  with  the
 8        treating physician to discuss the need for the  requested
 9        information or assistance.
10             (3)  If  a birth biological parent agrees to provide
11        the  information  or  assistance  sought  but  wishes  to
12        maintain his or her privacy, to arrange for the provision
13        of the information or assistance to the physician  in  as
14        confidential  a  manner  as possible so as to protect the
15        privacy of the birth biological parent and  minimize  the
16        likelihood of disclosure of the birth biological parent's
17        identity.
18        (g)  Oath.   The  confidential intermediary shall sign an
19    oath of confidentiality substantially as follows:
20             "I, .........., being duly sworn, on oath depose and
21        say:  As a condition of  appointment  as  a  confidential
22        intermediary, I affirm that:
23             (1)  I will not disclose to the petitioner, directly
24        or  indirectly,  any  information  about  the identity or
25        location of the birth biological parent whose  assistance
26        is  being  sought  for medical reasons except in a manner
27        consistent with the law.
28             (2)  I  recognize  that  violation  of   this   oath
29        subjects  me  to  civil  liability  and to being found in
30        contempt of court.
31                                 ................................

32             SUBSCRIBED AND SWORN to before me, a Notary Public,
33        on (insert date). this ..... day of .........., 19...
34                                ................................"
 
HB0631 Enrolled            -31-               LRB9100454SMdvE
 1        (h)  Sanctions.
 2             (1)  Any confidential  intermediary  who  improperly
 3        discloses  information  identifying  a  birth  biological
 4        parent shall be liable to the birth biological parent for
 5        damages and may also be found in contempt of court.
 6             (2)  Any  physician  or  other  person  who learns a
 7        birth   biological   parent's   identity,   directly   or
 8        indirectly, through the use  of  procedures  provided  in
 9        this  Section  and  who  improperly discloses information
10        identifying the birth biological parent shall  be  liable
11        to  the  birth  biological parent for actual damages plus
12        minimum punitive damages of $10,000.
13        (i)  Death of birth  biological  parent.  Notwithstanding
14    any   other  provision  of  this  Act,  if  the  confidential
15    intermediary discovers that the person  whose  assistance  is
16    sought  has  died,  he  or  she shall report this fact to the
17    court, along with a copy of the death certificate if possible
18    .
19    (Source: P.A. 86-1451; revised 10-20-98.)

20        (750 ILCS 50/18.4a) (from Ch. 40, par. 1522.4a)
21        Sec. 18.4a.  Medical and mental health histories.
22        (a)  Notwithstanding any other provision of  law  to  the
23    contrary,  to  the  extent  currently  in  possession  of the
24    agency, the medical and mental health histories  of  a  child
25    legally  freed  for  adoption  and  of  the  birth biological
26    parents, with information identifying  the  birth  biological
27    parents  eliminated,  shall  be  provided by an agency to the
28    child's prospective adoptive parent  and  shall  be  provided
29    upon  request  to  an  adoptive parent  when a child has been
30    adopted.  The  medical  and  mental  health  histories  shall
31    include all the following available information:
32             (1)  Conditions   or   diseases   believed   to   be
33        hereditary.
 
HB0631 Enrolled            -32-               LRB9100454SMdvE
 1             (2)  Drugs or medications taken by the child's birth
 2         biological mother during pregnancy.
 3             (3)  Psychological and psychiatric information.
 4             (4)  Any  other  information  that  may  be a factor
 5        influencing the child's present or future health.
 6        (b)  The Department of Children and Family  Services  may
 7    promulgate  rules  and  regulations  governing the release of
 8    medical histories under this Section.
 9    (Source: P.A. 87-617.)

10        (750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
11        Sec. 18.5.  Liability.  No liability shall attach to  the
12    State,  any  agency  thereof, any licensed agency, any judge,
13    any officer or  employee  of  the  court,  or  any  party  or
14    employee  thereof  involved  in  the surrender of a child for
15    adoption or in an adoption proceeding  for  acts  or  efforts
16    made  within  the  scope  of  Sections  18.05 18.1 thru 18.5,
17    inclusive, of this Act and under pursuant to its  provisions,
18    except for subsection (f) of Section 18.1.
19    (Source: P.A. 86-304.)

20        (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
21        Sec.  18.6.   Registry  fees.   The  Department of Public
22    Health shall levy a fee for each  registrant  under  Sections
23    18.05  18.1  through  18.5.  A  $40  fee shall be charged for
24    registering with the Illinois Adoption Registry  and  Medical
25    Information  Exchange.  However, this fee shall be waived for
26    all adopted or surrendered persons, adoptive  parents,  legal
27    guardians,  birth  parents, and birth siblings who complete a
28    Medical Information Exchange Questionnaire  at  the  time  of
29    registration   and   authorize   its   release  to  specified
30    registered parties,  and  for  adoptive  parents  registering
31    within  12  months  of the finalization of the adoption.  All
32    persons  who  were  registered  with  the  Illinois  Adoption
 
HB0631 Enrolled            -33-               LRB9100454SMdvE
 1    Registry prior to the effective date of this  amendatory  Act
 2    of  1999  and who wish to update their registration may do so
 3    without charge. No charge of any kind shall be made  for  the
 4    withdrawal   of   any   form   provided  in  Section  18.2  a
 5    registration or consent form.
 6    (Source: P.A. 87-318.)

 7        (750 ILCS 50/18.7 new)
 8        Sec.  18.7.   Illinois  Adoption  Registry  and   Medical
 9    Information  Exchange  Fund.   There  is created in the State
10    treasury a special fund to be known as the Illinois  Adoption
11    Registry  and  Medical  Information  Exchange Fund.  All fees
12    collected  by  the  Illinois  Adoption  Registry  under  this
13    amendatory Act of 1999 shall  be  deposited  into  the  Fund.
14    Subject  to  appropriation,  the amounts in the Fund shall be
15    used by the Department of Public Health to conduct activities
16    related to maintaining the  Illinois  Adoption  Registry  and
17    Medical  Information  Exchange  and issuing any documents and
18    forms related to the Illinois Adoption Registry  and  Medical
19    Information Exchange.

20        (750 ILCS 50/18.8 new)
21        Sec.    18.8.    Improper   disclosure   of   identifying
22    information.  All information submitted to  the  Registry  is
23    confidential and gathered by the State solely for the purpose
24    of  facilitating  the  exchange  of  updated medical data and
25    contact information between adopted and  surrendered  persons
26    and  other registered parties.  Information exchanged through
27    the  Registry  shall  not  be  admissible  as  evidence   nor
28    discoverable in any action of any kind in any court or before
29    any  tribunal,  board,  agency, or commission.  Disclosure of
30    identifying information in violation of this Act is a Class A
31    misdemeanor.
 
HB0631 Enrolled            -34-               LRB9100454SMdvE
 1        Section 99.   Effective  date.   This  Act  takes  effect
 2    January 1, 2000.

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