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91_HB0631ham001
LRB9100454SMdvam01
1 AMENDMENT TO HOUSE BILL 631
2 AMENDMENT NO. . Amend House Bill 631 by replacing
3 everything after the enacting clause with the following:
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 10. The Adoption Act is amended by adding
10 Sections 18.051, 18.052, 18.053, 18.054, 18.055, 18.056,
11 18.057, 18.058, 18.059, 18.060, 18.061, 18.062, and 18.063
12 and changing Section 18.3a as follows:
13 (750 ILCS 50/18.051 new)
14 Sec. 18.051. The Illinois Adoption Registry and Medical
15 Information Exchange; legislative intent. The General
16 Assembly recognizes the importance of creating a procedure by
17 which birth families, adoptive families, legal guardians of
18 surrendered children, and adult adopted or surrendered
19 persons can exchange vital medical information throughout the
20 life of the adopted or surrendered person. The General
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1 Assembly further recognizes that it is in the best interest
2 of adopted and surrendered persons and their birth and
3 adoptive families that birth family medical histories and the
4 preferences regarding contact of all parties to an adoption
5 be compiled, preserved and provided, upon request, to the
6 adoptive parents and legal guardians of adopted or
7 surrendered children and to adult adopted or surrendered
8 persons and their birth and adoptive relatives. The purpose
9 of this amendatory Act of the 91st General Assembly is to
10 respond to these concerns by redefining the function and
11 operation of the Illinois Adoption Registry and creating the
12 Medical Information Exchange.
13 (750 ILCS 50/18.052 new)
14 Sec. 18.052. Definitions. When used in Sections 18.051
15 through 18.063, unless the context otherwise requires:
16 "Adopted person" means a person who was adopted pursuant
17 to the laws in effect at the time of the adoption.
18 "Adoptive parent" means a person who has become a parent
19 through the legal process of adoption.
20 "Adoptive relative" means the widow or widower or an
21 adult child or grandparent of a deceased adopted or
22 surrendered person.
23 "Agency" means a public child welfare agency or a
24 licensed child welfare agency.
25 "Birth father" means the biological father of an adopted
26 or surrendered person who is named on the original birth
27 certificate, in the agency or court file, on a consent or
28 surrender document, or a notarized statement duly executed
29 and signed by the birth mother, or a biological father whose
30 paternity has been established by a judgment or order of the
31 court.
32 "Birth mother" means the biological mother of an adopted
33 or surrendered person.
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1 "Birth parent" means a parent, by birth, of an adopted or
2 surrendered person.
3 "Birth relative" means the adult biological full or half
4 sibling or birth grandparent of an adopted or surrendered
5 person or the biological sibling or adoptive child of his or
6 her birth parent.
7 "Illinois Adoption Registry Authorization" means a
8 document issued by the Department of Public Health which
9 entitles an adopted person who is the subject of a Registry
10 match to receive copies of his or her original birth
11 certificate, judgment for adoption, and certain documents and
12 records in the possession of the agency or attorney that was
13 involved in the adoption proceedings or surrender.
14 "Information Exchange Authorization" means an affidavit
15 completed by an applicant to the Illinois Adoption Registry
16 and Medical Information Exchange authorizing the release of
17 his or her name and address to a specified party or parties.
18 "Information Exchange Denial" means an affidavit
19 completed by an applicant to the Illinois Adoption Registry
20 and Medical Information Exchange denying the release of his
21 or her name and address to a specified party or parties.
22 "Interested party" means an adoptive parent or legal
23 guardian of an adopted or surrendered person under the age of
24 18, an adopted or surrendered person 18 years of age or over,
25 an adoptive relative, a birth parent, or a birth relative.
26 "Medical Information Exchange Questionnaire" means the
27 medical history questionnaire completed by applicants to the
28 Illinois Adoption Registry and Medical Information Exchange.
29 "Proof of death" means a death certificate, a death
30 notice, or an obituary published in a daily newspaper.
31 "Surrendered person" means a person who was surrendered
32 for adoption but not adopted.
33 (750 ILCS 50/18.053 new)
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1 Sec. 18.053. The Illinois Adoption Registry and Medical
2 Information Exchange.
3 (a) General function. The Department of Public Health
4 shall redefine the function of the Illinois Adoption
5 Registry, and create the Medical Information Exchange in the
6 manner outlined in subsections (b) through (d) for the
7 purpose of facilitating the exchange of medical information
8 between birth parents and birth relatives and the adoptive
9 parents and legal guardians of adopted or surrendered minors,
10 adult adopted or surrendered persons, and adoptive relatives.
11 The Department shall establish rules for the confidential
12 operation of the Illinois Adoption Registry and, from July 1,
13 1999 to July 1, 2000, shall conduct a public information
14 campaign through public service announcements and other forms
15 of media coverage, and, for a minimum of 4 years, through
16 notices on driver's license renewal applications, to inform
17 adopted and surrendered persons born, surrendered, or adopted
18 in Illinois and their adoptive parents, legal guardians,
19 birth parents, and birth relatives of the provisions of this
20 amendatory Act of the 91st General Assembly. The Illinois
21 Adoption Registry shall also establish an informational
22 internet site where interested parties may access a summary
23 of the provisions of this amendatory Act of the 91st General
24 Assembly and download all necessary application forms. The
25 Illinois Adoption Registry shall maintain statistical
26 records, publish and circulate to the public informational
27 material about the function and operation of the Registry,
28 and provide interested parties with Medical Exchange
29 Questionnaires and all other Illinois Adoption Registry
30 applications and forms. The Registry shall forward to all
31 interested parties copies of any Medical Exchange
32 Questionnaires submitted to the Registry prior to the
33 applicant's registration by one of his or her biological
34 relatives. If an adult adopted or surrendered person has
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1 applied to the Registry and one of his or her biological
2 relatives subsequently applies to the Registry, the Illinois
3 Adoption Registry shall be responsible for forwarding a copy
4 of the birth parent's or birth relative's Medical Information
5 Exchange Questionnaire to the adopted or surrendered person
6 or the adoptive relative at the address shown on their
7 Illinois Adoption Registry Application.
8 (b) Birth parent registration at the time of surrender
9 or involuntary termination of parental rights. On and after
10 January 1, 2000, at the time a child is surrendered or
11 parental rights are involuntarily terminated, the agency,
12 Department of Children and Family Services, Court Supportive
13 Services, Juvenile Division of the Circuit Court, Probation
14 Officers of the Circuit Court, or any other party to the
15 surrender or consent to adoption shall request that the birth
16 parent or parents register with the Illinois Adoption
17 Registry and Medical Information Exchange and complete Parts
18 I and II of the Illinois Adoption Registry Application. If
19 desired, the birth parent or parents may also file an
20 Information Exchange Authorization or Information Exchange
21 Denial with the Registry at any time after a child is
22 surrendered for adoption or parental rights are involuntarily
23 terminated, at any time during the adoption proceedings, or
24 at any time thereafter. In the event that the information
25 provided by the birth parent in Part I or II of the Illinois
26 Adoption Registry Application is incomplete, the agency,
27 Department of Children and Family Services, Court Supportive
28 Services, Juvenile Division of the Circuit Court, Probation
29 Officers of the Circuit Court, attorney, or any other party
30 to the surrender or consent to adoption proceedings may, to
31 the best of their ability, complete Parts I and II of the
32 Illinois Adoption Registry Application on behalf of the birth
33 parent.
34 (c) Establishment of the Adoption/Surrender Records
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1 File. All records received by the Registry which pertain to
2 an individual adoption or surrender shall be placed into a
3 single Adoption/Surrender Records File. The Illinois Adoption
4 Registry shall establish a new Adoption/Surrender Records
5 File for:
6 (1) Any adoption finalized by a court action in the
7 State of Illinois on or after January 1, 2000; and
8 (2) Any adoption of a person born in Illinois
9 finalized by a court action in a state other than
10 Illinois or in a foreign country on or after January 1,
11 2000;
12 (3) Any surrender taken in the State of Illinois on
13 or after January 1, 2000;
14 (4) Any adoption finalized by a court action in the
15 State of Illinois prior to January 1, 2000, any adoption
16 of a person born in Illinois finalized by a court action
17 in a state other than Illinois or in a foreign country
18 prior to January 1, 2000, and any surrender taken in the
19 State of Illinois prior to January 1, 2000, for which the
20 adopted or surrendered person, or one of his or her birth
21 parents, adult birth or adoptive relatives, adoptive
22 parents, or legal guardians has registered with the
23 Registry and completed an Illinois Adoption Registry
24 Application.
25 (d) Contents of the Adoption/Surrender Records File.
26 The Adoption/Surrender Records File shall contain the
27 following items, to the extent that they are available:
28 (1) Parts I and II of any Illinois Adoption
29 Registry Application which has been completed by the
30 adopted or surrendered person or his or her adoptive
31 parents, legal guardians, birth parents, adoptive
32 relative, or birth relatives or by a third party on
33 behalf of the birth parent at the time of the surrender
34 or involuntary termination of parental rights.
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1 (2) Any written statements, letters, photographs,
2 or other items provided by any applicant for the adopted
3 or surrendered person or his or her birth or adoptive
4 parents or relatives, or legal guardians at the time of
5 registration or any time thereafter. All such items and
6 documents shall be submitted in an 8 1/2" x 11" manila
7 envelope and shall not include identifying information
8 pertaining to any party to the adoption other than the
9 applicant who submitted them.
10 (3) Any Information Exchange Authorization or
11 Information Exchange Denial which has been filed by the
12 adopted or surrendered person or any other interested
13 party at the time of registration or any time thereafter.
14 (4) For all adoptions finalized after January 1,
15 2000, a copy of the original birth certificate, the
16 consent or surrender to adoption, or order of termination
17 of parental rights, and the judgment for adoption as well
18 as the Affidavit of Information and any other
19 non-identifying information which is forwarded to the
20 Registry by any party to the adoption at the time of the
21 adoption or any time thereafter.
22 (5) Any updated addresses submitted by any
23 interested party.
24 (6) Any proof of death which has been submitted by:
25 an adoptive parent, adoptive relative, legal guardian, or
26 friend of an adopted or surrendered person in the event
27 of his or her death; a birth relative, legal guardian, or
28 friend of a deceased birth parent or birth sibling in the
29 event of his or her death; or a confidential
30 intermediary.
31 (750 ILCS 50/18.054 new)
32 Sec. 18.054. The Illinois Adoption Registry Application.
33 The Illinois Adoption Registry Application shall
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1 substantially include the following:
2 (a) Part I: General Information. The Illinois Adoption
3 Registry Application shall include the following general
4 information subparts:
5 (1) A subpart for information about the registrant
6 including his or her surname, given name or names, social
7 security number (optional), mailing address, home
8 telephone number, sex, date and place of birth, and the
9 date of registration. This subpart shall also include
10 the address and telephone number of the Illinois Adoption
11 Registry.
12 (2) A subpart for information to be completed by
13 the registrant if he or she is an adopted or surrendered
14 person 18 years of age or over, including, if known to
15 the applicant, the state and county where the judgment of
16 adoption was finalized, the surnames, given names, and
17 birthplaces of the adoptive parents, and the adopted or
18 surrendered person's birth name.
19 (3) A subpart for information to be completed by
20 the registrant if he or she is the adoptive parent or
21 legal guardian of an adopted or surrendered person under
22 the age of 18 or a birth parent or adult birth or
23 adoptive relative of an adopted or surrendered person.
24 If applicable and known to the registrant, this
25 information shall include the maiden surname of the birth
26 mother, any subsequent surnames of the birth mother, the
27 surname of the birth father, the given name or names of
28 the birth parents, the dates and places of birth of the
29 birth parents, the surname and given name or names of the
30 adopted person prior to adoption, the sex and date and
31 place of birth of the adopted or surrendered person, and
32 the name of the adopted person following his or her
33 adoption.
34 (b) Part II: Medical Information Exchange
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1 Questionnaire. In recognition of the importance of medical
2 information and of recent discoveries regarding the genetic
3 origin of many medical conditions and diseases, with the
4 exception of adoptive parents registering less than one year
5 after their child's adoption was finalized, all applicants
6 shall be asked to complete a Medical Information Exchange
7 Questionnaire. The Medical Information Exchange
8 Questionnaire shall include a comprehensive check-list of
9 genetically-transmitted medical conditions and diseases.
10 Birth parents and adult birth and adoptive relatives shall be
11 asked to indicate all genetically-inherited diseases and
12 conditions on this list which are known to exist in their
13 biological families at the time of registration.
14 Adopted and surrendered persons and their adoptive
15 parents, legal guardians, and adoptive relatives shall be
16 asked to indicate all genetically-inherited diseases and
17 medical conditions with which the adopted or surrendered
18 person or, if applicable, his or her children have been
19 diagnosed since birth. In addition, all birth parents shall
20 be apprised of the Registry's provisions for submitting
21 information about their and their family's medical histories
22 on a confidential, ongoing basis.
23 The form and content of the Medical Information Exchange
24 Questionnaire shall be determined by the Illinois Department
25 of Public Health and shall include a Hereditary Diseases
26 Section that allows the applicant to indicate any medical
27 diseases or conditions known to exist in their biological
28 family, including, but not limited to ADD/ADHD, AIDS/HIV,
29 alcoholism, allergies, ALS (Lou Gehrig's Disease),
30 Alzheimer's Disease, anemia, arthritis, asthma, bipolar
31 disorder, blood disorders, breast cancer, colon cancer,
32 ovarian cancer, prostate cancer, skin cancer, cystic
33 fibrosis, clinical depression, diabetes, diverticulitis,
34 dyslexia, eating disorders, eczema, emphysema, epilepsy,
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1 farsightedness, gout, hay fever, hearing disorders, heart
2 disease, hemophilia, Huntington's Disease, hypertension (high
3 blood pressure), hyperthyroidism, hypothyroidism, kidney
4 disease, learning disabilities, leukemia, mental illness,
5 muscular diseases, myopia (nearsightedness), obesity,
6 obsessive/compulsive disorder, Parkinson's disease, physical
7 disabilities, Rh factors, schizophrenia, sickle cell anemia,
8 seizure disorders, speech disabilities, stroke, substance
9 abuse, Tay-Sachs disease, tuberculosis, tumors (benign),
10 tumors (malignant), Tourette's syndrome, and vitiligo.
11 (c) Part III: Written statement. All registrants shall
12 be given the opportunity to file a written statement with the
13 Registry. This statement may include any additional medical
14 data or any known social, ethnic, or biographical
15 information, and be submitted on the space provided on the
16 Information Exchange Authorization or in a separate, sealed
17 envelope.
18 (d) Part IV. Contact information. All registrants may
19 indicate their wishes regarding contact with any other
20 interested party by completing an Information Exchange
21 Authorization, an Information Exchange Denial, or an
22 affidavit authorizing contact by a certified confidential
23 intermediary or other specified third party.
24 (1) Information Exchange Authorization. Adopted or
25 surrendered persons 18 years of age or over who would
26 welcome contact with one or more of their birth parents
27 or other adult birth relatives, birth parents and other
28 adult birth relatives who would welcome contact with an
29 adopted or surrendered person, or his or her adoptive
30 parents or legal guardians or other adult adoptive
31 relatives, and adoptive parents or legal guardians of
32 adopted or surrendered persons under the age of 18 who
33 would welcome contact with the adopted or surrendered
34 person's birth parents or other birth relatives may file
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1 an Information Exchange Authorization at the time of the
2 adoption or surrender, or any time thereafter.
3 (2) Information Exchange Denial. Adopted or
4 surrendered persons 18 years of age or over who do not
5 wish to establish direct contact with one or more of
6 their birth parents or other adult birth relatives may
7 file an Information Exchange Denial. Birth parents and
8 other adult birth relatives who do not wish to establish
9 direct contact with an adopted or surrendered person, his
10 or her adoptive parents or legal guardians, or his or her
11 other adult adoptive relatives, and adoptive parents or
12 legal guardians of adopted or surrendered persons under
13 the age of 18 who do not wish to establish direct contact
14 with the adopted or surrendered person's birth parents or
15 other birth relatives may file an Information Exchange
16 Denial at the time of the adoption or surrender, or any
17 time thereafter.
18 Upon receipt of an Information Exchange Denial, the
19 Illinois Adoption Registry shall provide the registrant
20 with a copy of the Information Exchange Denial Revocation
21 Form. An Information Exchange Denial may be revoked at
22 any time, without charge, by filing an Information
23 Exchange Denial Revocation Form or by notifying the
24 Registry in writing of the desire to revoke the
25 Information Exchange Denial. Information Exchange Denials
26 filed by the adoptive parent or legal guardian of an
27 adopted or surrendered person under the age of 18 shall
28 expire on the adopted or surrendered person's 18th
29 birthday; thereafter, unless the adopted or surrendered
30 person files contact information with the Registry, birth
31 relative requests for information shall be handled in the
32 same manner as in cases where the adopted or surrendered
33 person has not filed an Information Exchange
34 Authorization or Information Exchange Denial with the
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1 Registry. Unless revoked or expired, an Information
2 Exchange Denial shall remain in effect until 2 years
3 after the death of the person who filed the it.
4 (e) All Illinois Adoption Registry Applications,
5 Information Exchange Authorizations, Information Exchange
6 Denials, requests to revoke an Information Exchange
7 Authorization or Information Exchange Denial, and affidavits
8 submitted to the Registry shall be accompanied by a photocopy
9 of the applicant's current driver's license, passport, or
10 state-issued photo identification card.
11 (750 ILCS 50/18.055 new)
12 Sec. 18.055. Effective date of registration.
13 Registration with the Illinois Adoption Registry and Medical
14 Information Exchange shall become effective as soon as the
15 applicant's completed Illinois Adoption Registry Application
16 has been filed with the Registry.
17 (750 ILCS 50/18.056 new)
18 Sec. 18.056. Executing documents in foreign countries.
19 When an Information Exchange Authorization or Information
20 Exchange Denial is executed in a foreign country, the
21 document shall be executed at a United States Embassy or
22 consulate in the presence of a United States government
23 official qualified to acknowledge such documents.
24 (750 ILCS 50/18.057 new)
25 Sec. 18.057. Executing documents in the military. If
26 the person filing an Information Exchange Authorization or
27 Information Exchange Denial is in the military service of the
28 United States, the execution of these documents may be
29 acknowledged before a commissioned officer and the signature
30 of the officer on the document shall be verified or
31 acknowledged before a notary public or by any other procedure
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1 in effect for that division or branch of the armed forces.
2 (750 ILCS 50/18.058 new)
3 Sec. 18.058. Registry matches.
4 (a) The Registry shall release identifying information
5 to the following registered parties and provide them with a
6 copy of the other party's Medical Information Exchange
7 Questionnaire as well as any written statements, letters,
8 photographs, or other items which have been placed in the
9 Adoption/Surrender Records File and specifically intended for
10 the registered parties:
11 (i) an adult adopted or surrendered person and one
12 of his or her birth parents or birth relatives who have
13 both filed an Information Exchange Authorization with the
14 Registry, if information available to the Registry
15 confirms that the consenting adopted or surrendered
16 person is a biological relative of the consenting birth
17 parent or relative;
18 (ii) the adoptive parent or legal guardian of an
19 adopted or surrendered person under the age of 18 and one
20 of his or her birth parents or birth relatives who have
21 both filed an Information Exchange Authorization with the
22 Registry, if information available to the Registry
23 confirms that the child of the consenting adoptive parent
24 or legal guardian is a biological relative of the
25 consenting birth parent or birth relative; or
26 (iii) a birth parent or birth relative and an
27 adoptive relative who have both filed an Information
28 Exchange Authorization with the Registry, if information
29 available to the Registry confirms that the deceased
30 adopted person was a biological relative of the
31 consenting birth parent or birth relative.
32 All eligible adult adopted or surrendered persons who are the
33 subject of a Registry match may be issued an Illinois
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1 Adoption Registry Authorization for any documents listed in
2 subsection (a) of Section 18.059 which are not included in
3 the Adoption/Surrender Records File.
4 (b) In the event that an interested party is the subject
5 of an Information Release Denial filed by another party to
6 the adoption, the Registry shall not release identifying
7 information to either registrant. However, both registrants
8 shall be provided with a copy of the other party's Medical
9 Information Exchange Questionnaire as well as any letters,
10 pictures, or documents which have been placed in the
11 Adoption/Surrender Records File and are specifically intended
12 for them.
13 (750 ILCS 50/18.059 new)
14 Sec. 18.059. Illinois Adoption Registry Authorization.
15 (a) In the event of a Registry match, adult adopted or
16 surrendered persons may be issued an Illinois Adoption
17 Registry Authorization to access any of the documents listed
18 in this subsection (a) which are not included in their
19 Adoption/Surrender Records File. The Illinois Adoption
20 Registry Authorization shall entitle the adopted or
21 surrendered person to receive a copy of his or her original
22 birth certificate from the Bureau of Vital Statistics; if
23 applicable, a copy of the judgment for adoption from the
24 court of the county where the adoption was finalized; any
25 written statements, letters, photographs, or other items
26 which have been submitted to any agency or attorney that was
27 involved in the adoption proceedings or surrender and are
28 specifically intended for the adopted or surrendered person;
29 and any medical or nursery records pertaining to the adopted
30 or surrendered person and histories of prior placement which
31 are in the possession of any agency or attorney that was
32 involved in the adoption proceedings or surrender.
33 (b) If only the birth mother is named on the original
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1 birth certificate and, if applicable, the judgment for
2 adoption, and the adopted or surrendered person is the
3 subject of an Information Release Authorization filed with
4 the Registry by this birth parent, the Illinois Adoption
5 Registry shall provide the adopted or surrendered person with
6 an unaltered copy of his or her original birth certificate
7 and, if applicable, judgment for adoption, or issue an
8 Authorization which entitles him or her to receive unaltered
9 copies of the original birth certificate and, if applicable,
10 the judgment for adoption.
11 (c) If both the birth mother and birth father are named
12 on the original birth certificate or, if applicable, the
13 judgment for adoption, and both birth parents have filed an
14 Information Release Authorization with the Registry, the
15 Illinois Adoption Registry shall provide the adopted or
16 surrendered person with an unaltered copy of his or her
17 original birth certificate and, if applicable, judgment for
18 adoption or issue an Authorization which entitles him or her
19 to receive unaltered copies of the original birth certificate
20 and, if applicable, the judgment for adoption.
21 (d) If both the birth mother and birth father are named
22 on the original birth certificate or, if applicable, the
23 judgment for adoption, and only one of the birth parents has
24 filed an Information Release Authorization with the Registry,
25 the adopted or surrendered person may either:
26 (1) Request that the name of the birth parent who
27 has not filed an Information Release Authorization with
28 the Illinois Adoption Registry be deleted from any copies
29 of the original birth certificate and, if applicable, the
30 judgment for adoption issued to the adopted or
31 surrendered person and that this deletion be specified on
32 any Illinois Adoption Registry Authorization issued to
33 the adopted or surrendered person; or
34 (2) Provide a proof of death for the birth parent
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1 who has not filed an Information Release Authorization
2 with the Registry. Upon receipt of this proof of death,
3 the Illinois Adoption Registry shall provide the adopted
4 or surrendered person an Authorization entitling the
5 adopted or surrendered person to receive unaltered copies
6 of the original birth certificate and, if applicable, the
7 judgment for adoption.
8 (e) If the birth relative who has been matched with an
9 adopted or surrenderd person is not one of his or her birth
10 parents, the release of the adopted or surrendered person's
11 original birth certificate or, if applicable, judgment for
12 adoption and the issuance of his or her Illinois Adoption
13 Registry Authorization shall be contingent upon the applicant
14 providing a proof of death or Information Release
15 Authorization for all birth parents named on the original
16 birth certificate or, if applicable, judgment for adoption,
17 as specified in subsections (a) through (d).
18 (750 ILCS 50/18.060 new)
19 Sec. 18.060. Registration fee. A $40 fee shall be
20 charged for registering with the Illinois Adoption Registry
21 and Medical Information Exchange. However this fee shall be
22 waived for all adult adopted or surrendered persons, adoptive
23 parents, adoptive relatives, legal guardians, birth parents,
24 and birth relatives who complete Part II of the Illinois
25 Adoption Registry Application at the time of registration, as
26 well as for all birth parents registering or being registered
27 by a third party within 12 months of the termination of
28 parental rights, and adoptive parents registering within 12
29 months of the finalization of the adoption. All persons who
30 were registered with the Illinois Adoption Registry prior to
31 the effective date of this amendatory Act of the 91st General
32 Assembly and who wish to update their registration may do so
33 without charge.
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1 (750 ILCS 50/18.061 new)
2 Sec. 18.061. Exemption from liability. No liability
3 shall accrue to the State, any agency or employee thereof,
4 any private agency, or any attorney for acts or efforts made
5 in good faith within the scope of this amendatory Act of the
6 91st General Assembly and pursuant to its provisions.
7 (750 ILCS 50/18.062 new)
8 Sec. 18.062. Effective date of entitlement. The
9 effective date of entitlement of any person to an Illinois
10 Adoption Registry Authorization shall be March 1, 2000.
11 (750 ILCS 50/18.063 new)
12 Sec. 18.063. Illinois Adoption Registry and Medical
13 Information Exchange Fund. There is hereby created in the
14 State treasury a special fund to be known as the Illinois
15 Adoption Registry and Medical Information Exchange Fund. All
16 fees collected by the Illinois Adoption Registry under this
17 amendatory Act of the 91st General Assembly shall be
18 deposited into the Fund. Subject to appropriation, the
19 amounts in the Fund shall be used by the Department of Public
20 Health to conduct activities related to maintaining the
21 Illinois Adoption Registry and Medical Information Exchange
22 and issuing any documents and forms related to this
23 amendatory Act of the 91st General Assembly.
24 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
25 Sec. 18.3a. Confidential intermediary.
26 (a) General purposes. Notwithstanding any other
27 provision of this Act, any adoptee over the age of 18 or any
28 adoptive parent or legal guardian of an adoptee under the age
29 of 18 may petition the court for appointment of a
30 confidential intermediary as provided in this Section for the
31 purpose of obtaining from one or both biological parents or a
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1 sibling or siblings of the adoptee information concerning the
2 background of a psychological or genetically-based medical
3 problem experienced or which may be expected to be
4 experienced in the future by the adoptee or obtaining
5 assistance in treating such a problem.
6 (b) Petition. The court shall appoint a confidential
7 intermediary for the purposes described in subsection (f) if
8 the petitioner shows the following:
9 (1) the adoptee is suffering or may be expected to
10 suffer in the future from a life-threatening or
11 substantially incapacitating physical illness of any
12 nature, or a psychological disturbance which is
13 substantially incapacitating but not life-threatening, or
14 a mental illness which, in the opinion of a physician
15 licensed to practice medicine in all its branches, is or
16 could be genetically based to a significant degree;
17 (2) the treatment of the adoptee, in the opinion of
18 a physician licensed to practice medicine in all of its
19 branches, would be materially assisted by information
20 obtainable from the biological parents or might benefit
21 from the provision of organs or other bodily tissues,
22 materials, or fluids by the biological parents or other
23 close biological relatives; and
24 (3) there is neither an Information Exchange
25 Authorization nor a Denial of Information Exchange filed
26 in the Registry as provided in Section 18.054 18.1.
27 The affidavit or testimony of the treating physician
28 shall be conclusive on the issue of the utility of contact
29 with the biological parents unless the court finds that the
30 relationship between the illness to be treated and the
31 alleged need for contact is totally without foundation.
32 (c) Fees and expenses. The court shall condition the
33 appointment of the confidential intermediary on the payment
34 of the intermediary's fees and expenses in advance, unless
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1 the intermediary waives the right to full advance payment or
2 to any reimbursement at all.
3 (d) Eligibility of intermediary. The court may appoint
4 as confidential intermediary either an employee of the
5 Illinois Department of Children and Family Services
6 designated by the Department to serve as such, any other
7 person certified by the Department as qualified to serve as a
8 confidential intermediary, or any employee of a licensed
9 child welfare agency certified by the agency as qualified to
10 serve as a confidential intermediary.
11 (e) Access. Notwithstanding any other provision of law,
12 the confidential intermediary shall have access to all
13 records of the court or any agency, public or private, which
14 relate to the adoption or the identity and location of any
15 biological parent.
16 (f) Purposes of contact. The confidential intermediary
17 has only the following powers and duties:
18 (1) To contact one or both biological parents,
19 inform the parent or parents of the basic medical problem
20 of the adoptee and the nature of the information or
21 assistance sought from the biological parent, and inform
22 the parent or parents of the following options:
23 (A) The biological parent may totally reject
24 the request for assistance or information, or both,
25 and no disclosure of identity or location shall be
26 made to the petitioner.
27 (B) The biological parent may file an
28 Information Exchange Authorization as provided in
29 Section 18.054 18.1. The confidential intermediary
30 shall explain to the biological parent the
31 consequences of such a filing, including that the
32 biological parent's identity will be available for
33 discovery by the adoptee. If the biological parent
34 agrees to this option, the confidential intermediary
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1 shall supply the parent with the appropriate forms,
2 shall be responsible for their immediate filing with
3 the Registry, and shall inform the petitioner of
4 their filing.
5 (C) If the biological parent wishes to provide
6 the information or assistance sought but does not
7 wish his or her identity disclosed, the confidential
8 intermediary shall arrange for the disclosure of the
9 information or the provision of assistance in as
10 confidential a manner as possible so as to protect
11 the privacy of the biological parent and minimize
12 the likelihood of disclosure of the biological
13 parent's identity.
14 (2) If a biological parent so desires, to arrange
15 for a confidential communication with the treating
16 physician to discuss the need for the requested
17 information or assistance.
18 (3) If a biological parent agrees to provide the
19 information or assistance sought but wishes to maintain
20 his or her privacy, to arrange for the provision of the
21 information or assistance to the physician in as
22 confidential a manner as possible so as to protect the
23 privacy of the biological parent and minimize the
24 likelihood of disclosure of the biological parent's
25 identity.
26 (g) Oath. The confidential intermediary shall sign an
27 oath of confidentiality substantially as follows:
28 "I, .........., being duly sworn, on oath depose and
29 say: As a condition of appointment as a confidential
30 intermediary, I affirm that:
31 (1) I will not disclose to the petitioner, directly
32 or indirectly, any information about the identity or
33 location of the biological parent whose assistance is
34 being sought for medical reasons except in a manner
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1 consistent with the law.
2 (2) I recognize that violation of this oath
3 subjects me to civil liability and to being found in
4 contempt of court.
5 ................................
6 SUBSCRIBED AND SWORN to before me, a Notary Public,
7 on (insert date). this ..... day of .........., 19...
8 ................................"
9 (h) Sanctions.
10 (1) Any confidential intermediary who improperly
11 discloses information identifying a biological parent
12 shall be liable to the biological parent for damages and
13 may also be found in contempt of court.
14 (2) Any physician or other person who learns a
15 biological parent's identity, directly or indirectly,
16 through the use of procedures provided in this Section
17 and who improperly discloses information identifying the
18 biological parent shall be liable to the biological
19 parent for actual damages plus minimum punitive damages
20 of $10,000.
21 (i) Death of biological parent. Notwithstanding any
22 other provision of this Act, if the confidential intermediary
23 discovers that the person whose assistance is sought has
24 died, he or she shall report this fact to the court, along
25 with a copy of the death certificate if possible.
26 (Source: P.A. 86-1451; revised 10-20-98.)
27 (750 ILCS 50/18.1 rep.)
28 (750 ILCS 50/18.3 rep.)
29 (750 ILCS 50/18.5 rep.)
30 (750 ILCS 50/18.6 rep.)
31 Section 15. The Adoption Act is amended by repealing
32 Sections 18.1, 18.3, 18.5, and 18.6.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".