State of Illinois
91st General Assembly
Legislation

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91_SB0399

 
                                               LRB9105579SMdv

 1        AN  ACT  to  amend  the  Adoption Act by changing Section
 2    18.1.

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

 5        Section  5.   The  Adoption  Act  is  amended by changing
 6    Section 18.1 as follows:

 7        (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
 8        Sec. 18.1.  Adoption Registry.
 9        (a)  The Department of Public Health  shall  establish  a
10    Registry for the purpose of providing identifying information
11    to  mutually  consenting children surrendered for adoption or
12    adoptees and biological parents and  to  mutually  consenting
13    biological  siblings. Identifying information for the purpose
14    of this Act shall mean only the name and last  known  address
15    of the consenting person or persons.
16        (b)  At  any  time  after  a  child  is  surrendered  for
17    adoption,  or  at any time during the adoption proceedings or
18    at any time thereafter, either biological parent or  both  of
19    them   may   file  with  the  Registry  a  Biological  Parent
20    Registration Identification Form and an Information  Exchange
21    Authorization.
22        (c)  Any  adoptee,  or any child who has been surrendered
23    for adoption but not adopted ("surrendered child"), may  file
24    with the Registry an Adoptee Registration Identification Form
25    or  a  Surrendered Child Registration Identification Form and
26    an Information Exchange  Authorization  if  such  adoptee  or
27    surrendered  child is 21 years of age or over; or, if over 18
28    years of age and under 21 years of age, if there is  attached
29    to the Information Exchange Authorization (1) written consent
30    of  both adoptive parents, or (2) written consent of a single
31    adoptive parent with a certified  copy  of  the  Judgment  of
 
                            -2-                LRB9105579SMdv
 1    Adoption,  or  (3)  proof of the death of one adoptive parent
 2    and written consent of the surviving adoptive parent, or  (4)
 3    written consent of the guardian of the adoptee or surrendered
 4    child with a certified copy of the Order of Guardianship.
 5        (d)  The  Department of Public Health shall supply to the
 6    adoptee or surrendered child and to  the  biological  parents
 7    identifying   information   only   if  both  the  adoptee  or
 8    surrendered child and the biological parents have filed  with
 9    the  Registry  an  Information Exchange Authorization and the
10    information at the Registry  indicates  that  the  consenting
11    adoptee  or  surrendered child is the child of the consenting
12    biological parents.
13        The Department of Public Health shall supply to  adoptees
14    or   surrendered   children   who   are  biological  siblings
15    identifying information only if both siblings have filed with
16    the Registry an Information Exchange  Authorization  and  the
17    information  at  the  Registry  indicates that the consenting
18    siblings have one  or  both  biological  parents  in  common.
19    Identifying  information  shall  be  supplied  to  consenting
20    biological siblings if any such sibling is 21 years of age or
21    over;  or, if over 18 years of age and under 21 years of age,
22    if  there   is   attached   to   the   Information   Exchange
23    Authorization  (1)  written consent of both adoptive parents,
24    or (2) written consent of a single  adoptive  parent  with  a
25    certified  copy  of the Judgment of Adoption, or (3) proof of
26    the death of one adoptive parent and written consent  of  the
27    surviving  adoptive  parent,  or  (4)  written consent of the
28    guardian of the adoptee or surrendered child with a certified
29    copy of the Order of Guardianship.
30        (e)  A biological parent, adoptee  or  surrendered  child
31    may  notify  the  Registry  of  his  desire  not  to have his
32    identity  revealed  or  may  revoke  any   previously   filed
33    Information  Exchange  Authorization by completing and filing
34    with the Registry a Registry Identification Form along with a
 
                            -3-                LRB9105579SMdv
 1    Denial of  Information  Exchange.  Any  adoptee,  surrendered
 2    child or biological parent may revoke a Denial of Information
 3    Exchange  by  filing  an  Information Exchange Authorization.
 4    The Department of Public Health shall act in accordance  with
 5    the most recently filed Authorization.
 6        (f)  Identifying   information   ascertained   from   the
 7    Registry  shall be confidential and may be disclosed only (1)
 8    upon a Court Order, which order  shall  name  the  person  or
 9    persons  entitled  to the information, or (2) to the adoptee,
10    surrendered  child,  adopted  or  surrendered   sibling,   or
11    biological  parent if both the adoptee, or surrendered child,
12    and  his  or  her  biological  parent,  or  both  adopted  or
13    surrendered  siblings,  have  filed  with  the  Registry   an
14    Information  Exchange  Authorization,  or  (3)  as authorized
15    under subsection (h) of Section 18.3 of this Act.  Any person
16    who  willfully  provides  unauthorized  disclosure   of   any
17    information  filed  with  the  Registry  shall be guilty of a
18    Class A misdemeanor and shall be liable for damages.
19    (Source: P.A. 86-1451.)

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