a) As used in this Section:
"Adopted person" means a person who was adopted pursuant to the
laws in effect at the time of the adoption (Section 18.06 of the Adoption
Act).
"Adoptive parent" means a person who has become a parent
through the legal process of adoption (Section 18.06 of the Adoption
Act).
"Agency" means a public child welfare agency or a licensed
child welfare agency (Section 18.06 of the Adoption Act).
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original certificate of live birth or on
a consent or surrender document, or a biological father whose paternity has
been established by a judgment or order of the court, pursuant to the Illinois
Parentage Act of 1984 (Section 18.06 of the Adoption Act).
"Birth mother" means the biological mother of an adopted or
surrendered person (Section 18.06 of the Adoption Act).
"Birth parent" means a birth mother or birth father of an
adopted or surrendered person (Section 18.06 of the Adoption Act).
"Birth sibling" means the adult full or half sibling of an
adopted or surrendered person (Section 18.06 of the Adoption Act).
"Council" means the Adoption Registry Advisory Council created
under Section 18.07 of the Adoption Act).
"Denial of Information Exchange" means an affidavit completed
by a registrant with the Illinois Adoption Registry and Information Exchange
denying the release of identifying information (Section 18.06 of the Adoption
Act).
"Department" means the Department of Public Health.
"Information Exchange Authorization" means an affidavit
completed by a registrant with the Illinois Adoption Registry and Information
Exchange authorizing the release of identifying information (Section 18.06 of
the Adoption Act).
"Medical Questionnaire" means the medical history questionnaire
completed by a registrant of the Illinois Adoption Registry and Information
Exchange (Section 18.06 of the Adoption Act).
"Proof of death" means a certified copy of a death certificate
(Section 18.06 of the Adoption Act).
"Registrant" or "registered party" means a birth parent, birth
sibling, adopted or surrendered person over the age of 21, or adoptive parent
or legal guardian of an adopted or surrendered person under the age of 21 who
has filed an Illinois Adoption Registry Application or Registration
Identification Form with the Registry (Section 18.06 of the Adoption
Act).
"Statistical records" mean non-identifying numerical data
tallying the total number of registrations filed by adopted persons,
surrendered persons, non-surrendered birth sibilings, adoptive parents, birth
parents, and legal guardians; and the total number of registry matches
made.
"Surrendered person" means a person whose parents' rights have
been surrendered or terminated but who has not been adopted (Section 18.06 of
the Adoption Act).
b) The
Department of Public Health will:
1) Maintain
the Illinois Adoption Registry, Information Exchange, and the Medical
Information Exchange under the Adoption Act to assist the voluntary exchange of
information between mutually consenting birth parents or birth siblings and
mutually consenting adoptive parents or legal guardians of adopted or
surrendered persons under the age of 21 or adopted or surrendered persons 21
years of age or older.
2) Inform
the public about the Adoption Registry and information exchanges through public
service announcements, media coverage and, for a minimum of 4 years, through
notices enclosed with driver's license renewal applications.
3) Notify all parties who registered with the
Illinois Adoption Registry before January 1, 2000 of the Adoption Registry and
Medical Information Exchange.
4)
Maintain an informational Internet site where interested parties may access
information about the Illinois Adoption Registry and Information Exchange and
download all necessary application forms.
5) Maintain or aggregate statistical records
and informational material regarding the Registry and Registry participation
for periodic distribution to the public.
c) Effective with the establishment of an
Adoption Registry and Medical Information Exchange, the Department will provide
information about Adoption Registry services. The address and telephone number
of the Adoption Registry is as follows:
Adoption Registry
Illinois Department of Public Health
Division of Vital Records
605 W. Jefferson
Springfield, Illinois 62702-6553
[Toll free] 877-323-5299 or 217-557-5159
d) When a person registers with the Illinois
Adoption Registry and completes an Illinois Adoption Registry Application or a
Registration Identification Form, the Registry shall establish a new
Adoption/Surrender Records File for that person. An established
Adoption/Surrender Records File shall be limited to the following items:
1) The General Information Section of an
Illinois Adoption Registry Application, the Registration Identification Form,
the Medical Questionnaire, and the Information Exchange Authorization or Denial
that have been voluntarily completed by the adopted or surrendered person or
his or her adoptive parents, legal guardians, birth parents, or birth siblings.
The Department of Public Health shall act according to the most recently filed
authorization or denial unless that authorization or denial has expired under
subsection (f).
2) Photographs and
written statements voluntarily provided by a registrant for the adopted or
surrendered person or his or her adoptive parents, legal guardians, birth
parents, or birth siblings. The photographs shall be submitted in an unsealed
envelope no larger than 8 1/2" x 11" and shall not include identifying
information about a person other than the registrant who submitted them.
Identifying information submitted about persons other than the registrant shall
be redacted by the Department or the information shall be returned to the
registrant for removal of that identifying information.
3) Any Information Exchange Authorization or
Denial of Information Exchange that has been filed by a registrant. The
Department of Public Health shall act according to the most recently filed
authorization or denial unless that authorization or denial has expired under
subsection (f).
4) For all
adoptions finalized after January 1, 2000, copies of the original certificate
of live birth and the certificate of adoption.
5) Updated addresses submitted by a
registered party about himself or herself.
6) Proof of death that has been submitted by
an adopted or surrendered person, adoptive parent, legal guardian, birth
parent, or birth sibling.
e) The Department will establish and maintain
a Registry to in writing only provide identifying information to mutually
consenting adult adopted or surrendered persons, birth parents, adoptive
parents, legal guardians, and birth siblings. Before identifying information is
released, the Deputy State Registrar and Adoption Registry director must review
and only approve the exchange of identifying information if the release is
allowed under the requirements of this Part and the Adoption Act. Identifying
information includes the following items:
1)
The name and last known address of the consenting person or persons.
2) A copy of the Illinois Adoption Registry
Application of the consenting person or persons.
3) A copy of the original certificate of live
birth of the adopted person. Written authorization from all parties identified
must be received before the disclosure of the respective party's identifying
information.
4) A copy of the
completed Medical Questionnaire.
f) After a child is surrendered for adoption,
during the adoption proceedings, or after the adoption, either birth parent or
both birth parents may file with the Registry a Birth Parent Registration
Identification Form and an Information Exchange Authorization or a Denial of
Information Exchange.
A birth sibling 21 years of age or older who was not
surrendered for adoption, and who has submitted proof of death for a deceased
birth parent who did not file a Denial of Information Exchange with the
Registry before his or her death, may file a Registration Identification Form
and an Information Exchange Authorization or a Denial of Information Exchange.
If the birth sibling of an adopted or surrendered person was not born in
Illinois, then that birth sibling must submit a certified copy of his or her
birth certificate with the registration.
An adopted person over the age of 21 or still under
guardianship, or a surrendered person over the age of 21, or an adoptive parent
or legal guardian of an adopted or surrendered person under the age of 21 may
file with the Registry a Registration Identification Form and an Information
Exchange Authorization or a Denial of Information Exchange. If registering as
the legal guardian of an adopted or surrendered person, then a certified copy
of the court order establishing the guardianship must be submitted with the
registration. If an adoptive parent or legal guardian of an adopted or
surrendered person under the age of 21 files a registration, authorization, or
denial, then that registration, authorization, or denial expires when the
adopted or surrendered person attains 21 years of age unless the guardianship
extends beyond that time, in which case the registration expires when the
guardianship expires. After expiration, the Department shall then not release
any Registry information and shall close that adoption/surrender records file
until the now competent adult adopted or surrendered person files with the
Registry a Registration Identification Form, Information Exchange
Authorization, or Denial of Information Exchange.
g) The Department will supply to the adopted
or surrendered person, or his or her adoptive parents or legal guardians, and
to the birth parents identifying information only if both the adopted or
surrendered person, or his or her adoptive parents or legal guardians, and the
birth parents have filed with the Registry an Information Exchange
Authorization and the information at the Registry indicates that the consenting
adopted or surrendered person or the child of the consenting adoptive parents
or legal guardians is the child of the consenting birth parents. The Department
will supply to adopted or surrendered persons who are birth siblings
identifying information only if both siblings have filed with the Registry an
Information Exchange Authorization and the information at the Registry
indicates that the consenting siblings have one or both birth parents in
common. Identifying information will be supplied to consenting birth siblings
who were adopted or surrendered if the consenting sibling is 21 years of age or
older. Identifying information will be supplied to consenting birth siblings
who were not adopted or surrendered if the consenting sibling is 21 years of
age or older, has proof of death of the common birth parent, if one birth
parent was in common or proof of death of both parents if both were in common,
and the common birth parent or common birth parents did not file a Denial of
Information Exchange with the Registry before his or her death.
h) A birth parent, birth sibling, adopted or
surrendered person, or adoptive parents or legal guardians may notify the
Registry of their desire not to have their identity revealed or may revoke any
previously filed Information Exchange Authorization or Medical
Questionnaire/Medical Information Exchange Release by completing and filing
with the Registry a Registry Identification Form along with a Denial of
Information Exchange or modified Information Exchange Authorization. The
Illinois Adoption Registry Application does not need to be completed to file a
Denial of Information Exchange. An adopted or surrendered person or his or her
adoptive parents or legal guardians, birth sibling, or birth parent may revoke
a Denial of Information Exchange or Denial of Medical Information Exchange
Release by filing an Information Exchange Authorization. The Department of
Public Health shall act according to the most recently filed authorization or
denial unless that authorization or denial has expired under subsection
(f).
i) Information submitted to
the Registry is confidential and gathered by the State to assist the exchange
of updated medical data and contact information between adopted and surrendered
persons and other registered parties. Information exchanged through the
Registry is not admissible as evidence nor discoverable in an action in a
court, tribunal, board, agency, or commission, except as provided in subsection
(i)(1). Disclosure of information in violation of the Adoption Act is a Class A
misdemeanor (see Section 18.8 of the Adoption Act).
1) Information from the Registry may not be
disclosed, except as authorized by the Adoption Act, including under Section
18.1(f) of that Act, only:
A) Upon a Court
Order, which order shall name the person or persons entitled to the
information.
B) To the adopted or
surrendered person, adoptive parents or legal guardians, birth sibling, or
birth parent if both the adopted or surrendered person, or his or her adoptive
parents or legal guardians, and his or her birth parent, both birth parents, or
birth siblings, have filed with the Registry an Information Exchange
Authorization and have otherwise met the conditions of this Part.
C) As authorized under Section 18.3(h) of the
Adoption Act.
D) If requested by an
adopted person, a copy of the certificate of live birth shall only be released
to the adopted person under the conditions of this Part if he or she was born
in Illinois and is the subject of an Information Exchange Authorization filed
by one of his or her birth parents or non-surrendered birth siblings.
2) A person who willfully provides
unauthorized disclosure of information filed with the Registry or who knowingly
or intentionally files false information with the Registry is guilty of a Class
A misdemeanor and is liable for damages under Section 18.1(f) of the Adoption
Act.
3) Identifying information
submitted about persons other than the registrant shall be redacted by the
Department or the information shall be returned to the registrant for removal
of that identifying information. The Department shall redact identifying
information provided to it about a party who has not consented to the
disclosure of the identifying information.
j) Upon meeting the requirements of this
Part, the Registry shall release identifying information in writing only as
specified on the Information Exchange Authorization to the following mutually
consenting registered parties and provide them with photographs that have been
placed in the Adoption/Surrender Records File and are specifically intended for
the registered parties:
1) An adult adopted or
surrendered person and one of his or her birth parents or birth siblings who
have both filed with the Registry an Information Exchange Authorization
specifying the other consenting party, if information available to the Registry
confirms that the consenting adopted or surrendered person is a birth relative
of the consenting birth parent or sibling.
2) The adoptive parent or legal guardian of
an adopted or surrendered person under the age of 21 and one of his or her
birth parents or birth siblings who have both filed with the Registry an
Information Exchange Authorization specifying the other consenting party if the
information available to the Registry confirms that the child of the consenting
adoptive parent or legal guardian is a birth relative of the consenting birth
parent or birth sibling.
3) If a
registrant has completed a Medical Questionnaire and has consented to its
disclosure, that Questionnaire shall be released to any registered party who
has indicated his/her desire to receive the information on his or her Illinois
Adoption Registry Application if information available to the Registry confirms
that the consenting parties are birth relatives or that the consenting birth
relative and the child of the consenting adoptive parents or legal guardians
are birth relatives.
A) If a registrant is
the subject of a Denial of Information Exchange filed by another party to the
adoption, the Registry shall not release identifying information to either
registrant.
B) If a registrant is
the subject of a Denial of Medical Information Exchange filed by another party
to the adoption, the Registry shall not release the Medical Questionnaire to
either registrant.
k) The forms for the Adoption Registry
Application, Birth Parent Registration Identification, Adopted Person
Registration Identification, Surrendered Person Registration Identification,
Non-surrendered Birth Sibling Registration Identification, Adoptive Parent
Registration Identification, Legal Guardian Registration Identification,
Information Exchange Authorization, Denial of Information Exchange, and Medical
Questionnaire are included as Illustrations in Appendix E of this Part.
1) Registration with the Illinois Adoption
Registry and Medical Information Exchange is effective upon the filing with the
Registry of the applicant's completed Illinois Adoption Registry Application.
Registration and changes must be made using the prescribed forms. The
Department shall send to a registrant a written confirmation of the
registration or subsequent changes. No other information pertaining to the
receipt or status of a registrant's application shall be released without the
registrant's written request and proof of identification.
2) When an Illinois Adoption Registry
Application, Information Exchange Authorization, or a Denial of Information
Exchange or Release is executed in a foreign country, the execution must be
acknowledged or affirmed before an officer of the United States consular
services. If the person signing an Information Exchange Authorization or a
Denial of Information is in the military service of the United States, the
execution of the document may be acknowledged before a commissioned officer and
the signature of the officer on the certificate must be verified or
acknowledged before a notary public or by other procedure of the armed
forces.
3) A registrant may
complete all or any part of the Illinois Adoption Registry form. The Illinois
Adoption Registry forms, required documents, and affidavits submitted to the
Registry shall be accompanied by a copy of proof of identification. Accepted
forms of identification include a driver's license, state or federal
identification card, military identification card, passport, or other
government issued identification card with a photograph, but does not include a
firearm owner's identification card.
4) The registrant must pay a $40 fee for
registering with the Illinois Adoption Registry and Information Exchange. This
fee will be waived, however, for all adopted or surrendered persons, adoptive
parents, legal guardians, birth parents, and birth siblings who complete a
Medical Questionnaire at the time of registration and authorize its release to
specified registered parties, and for adoptive parents registering within 12
months after the finalization of the adoption. In addition, the Department will
not charge a fee for the update, withdrawl, or revocation of a form.
l) The Adoption Registry Advisory
Council is chaired by the Director of Public Health or the Director's designee.
The Council will:
1) Advise the Department on
the development of rules, procedures, and forms used by the Illinois Adoption
Registry and Information Exchange.
2) Make recommendations regarding the
procedures, tools and technology that will ensure efficient and effective
operation of the Registry.
3)
Submit a report of statistical records to the Governor and General
Assembly.
4) Assist the Department
with the development, publication, and circulation of an informational pamphlet
that describes the purpose, function, and mechanics of the Illinois Adoption
Registry and Information Exchange, including information about who is eligible
to register and how to register; information about the questions and concerns
that registrants may develop when they register or when they receive
information from the Registry; and a list of services, programs, groups, and
informational websites that are available to assist registrants with their
questions and concerns.