Illinois Adoption Laws page #8 of 8 |
Illinois Who May Access Information Citation: Comp. Stat. Ch. 750 § 50/18.1; 50/18.4 The following persons may apply to the Illinois Adoption Registry: • Either birth parent. • If the birth parent is deceased, the adopted person’s adult birth sibling or a birth aunt or birth uncle. • Any adult adopted person or any adoptive parent or legal guardian of an adopted person under age 21. • If the adopted person is deceased, any surviving spouse or adult child. • Any adoptive parent or legal guardian of a deceased adopted adult.
Nonidentifying information may be provided to • The adoptive parents. • The adopted person, or legal guardian who is a registrant of the Illinois Adoption Registry.
Access to Nonidentifying Information Citation: Comp. Stat. Ch. 750 § 50/18.4
The adoptive parents shall receive in writing the following nonidentifying information, if known, not later than the date of placement of the child: • The birth parent’s age. • The birth parent’s race, religion, and ethnic background. • The general physical appearance of the birth parents. • The birth parent’s education, occupation, hobbies, interests, and talents. • The existence of any other children born to the birth parents. • Information about birth grandparents, their reason for emigrating into the United States, if applicable, and country of origin. • The relationship between the birth parents. • Detailed medical and mental health histories of the child, the birth parents, and their immediate relatives. • The actual date and place of birth of the adopted person.
No information provided under this subsection shall disclose the name or last known address of the birth parents, grandparents, the siblings of the birth parents, the adopted person, or any other relative of the adopted person. Any adopted person 18 years of age or over shall be given the information listed above upon request. The Illinois Adoption Registry shall release any nonidentifying information above that appears on the certified copy of the original birth certificate or the Certificate of Adoption to an adopted person, adoptive parent, or legal guardian who is a registrant of the Illinois Adoption Registry.
Mutual Access to Identifying Information Citation: Comp. Stat. Ch. 750 §§ 50/18.1; 50/18.3(a)
The Department of Public Health shall establish and maintain a Registry for the purpose of providing identifying information to mutually consenting members of birth and adoptive families. Identifying information shall mean one or more of the following: • The name and last known address of the consenting person. • A copy of the Illinois Adoption Registry Application of the consenting person. • A copy of the original birth certificate of the adopted person.
Each registrant may indicate whether exchange of information is authorized or denied. Written authorization from all parties must be received prior to disclosure of any identifying information. If information is disclosed, the department shall redact it to remove any identifying information about any party who has not consented to the disclosure of identifying information. Any other disclosure of information requires a court order. Any adult adopted person, adoptive parent or legal guardian of an adopted minor, or birth parent of an adopted adult may petition the court for appointment of a confidential intermediary for the purpose of exchanging medical information, obtaining identifying information, or arranging contact with one or more mutually consenting birth relatives. Beginning 1-1-2006, any adult adopted person, adoptive parent or legal guardian of a minor adopted person, any birth parent, sibling, aunt, or uncle of an adult adopted person, or any surviving child, adoptive parent, or surviving spouse of a deceased adopted person who wishes to petition the court for the appointment of a confidential intermediary shall be required to accompany their petition with proof of registration with the Illinois Adoption Registry and Medical Information Exchange.
Access to Original Birth Certificate Citation: Comp. Stat. Ch. 750 § 50/18.05; Ch. 410 § 535/17
For adoptions finalized after 1-1-2000, a copy of the original birth certificate is provided through the adoption registry. For adoptions finalized prior to 1-1-2000, the original birth certificate is available only upon a court order or as provided by regulation.
Request for a Non-Certified Copy of an Original Birth Certificate
On 5-21-2010, Gov. Pat Quinn signed House Bill 5428, which makes it possible for an adult adoptee to obtain a non-certified copy of his or her original birth certificate under certain circumstances. The bill includes the following provisions: • As of 5-21-2010, any adult adopted or surrendered person who was born in Illinois before 1-1-1946, may request a non-certified copy of his or her original birth certificate using a special form (see link below.) • Starting on 11-15-2011, any adult adopted or surrendered person who was born in Illinois on or after 1-1-1946, may request a non-certified copy of his or her original birth certificate. • The ability of an adult adopted or surrendered person born on or after 1-1-1946, to obtain identifying information listed on their original birth certificate may depend on whether his or her birth parents have filed forms with the Illinois Adoption Registry stating a preference regarding the release of their identity. • If an adult adopted or surrendered person is deceased, their adult child or spouse (if there is a minor child) may request a non-certified copy of the adopted or surrendered person’s original birth certificate. Please note registration with the Illinois Adoption Registry and Medical Information Exchange (IARMIE) will be required before the non-certified copy of the original birth certificate can be released. Click here for the Surviving Relative of a Deceased Adopted Person registration forms.
This form is to be used to submit a request for a non-certified copy of the original birth certificate. Once completed, the form, along with a legible copy of identification (driver’s license, state issued identification card or passport) and a check or money order for $15 (made payable to Illinois Department of Public Health) should be sent to: Illinois Department of Public Health Division of Vital Records Attn: Illinois Adoption Registry 925 E. Ridgely Ave. Springfield, IL 62702-2737 Questions may be directed to the Illinois Adoption Registry at 877-323-5299
Where the Information Can Be Located: Illinois Adoption Registry, Illinois Department of Public HealthIllinois Vital Records Information
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
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Note: The State of Illinois has a “Confidential Intermediary” search program that will locate and contact birth relatives. Using a confidential intermediary: Adopted adults 18 or older and adoptive parents of an adoptee younger than 18 may use the confidential intermediary service. The State of Illinois or the adoption agency that handled your adoption will provide this service. Be aware that the person that is contacted has the right to decline contact and if that happens you will not be given any contact or identifying information to contact them yourself. Contact the adoption agency that facilitated the adoption or the office below: State of Illinois Confidential Intermediary Service 3158 Des Plaines River Road Suite 120 Des Plaines, IL 60018 (847) 298-9096; (847) 298-9097 (847) 298-9097 (fax)
ILLINOIS EXPANDS ABILITY OF ALL PARTIES TO USE INTERMEDIARY PROGRAM Effective January 1, 2004, adopted people 21 and older and adoptive parents can obtain a court-appointed confidential intermediary without proving medical or psychological cause, as they had to under the old law in Illinois. Additionally, birth parents now will be permitted to participate in the intermediary program once the children they placed reach age 21. All parties can access the intermediary program for the purpose of exchanging medical information, obtaining identifying information or arranging contact with mutually consenting biological relatives. Previously, intermediaries could only seek medical information from biological relatives. Provided a "sought-after relative" has not filed a Denial of Information Exchange, the confidential intermediary will inform such relatives of the petitioner's request and of their options. The law also allows adult adoptees access to non-identifying information on original birth certificates and the "actual date and place of birth."
Other Resources in Illinois: For adoption related information and records: Illinois Department of Children and Family Services Division of Foster Care and Permanency Services 406 East Monroe Street, Station 25 Springfield, IL 62701-1498 (217) 524-2422 Fax: (217) 524-3966
Obtaining Non-Identifying Information: For private adoptions, an adopted adult may obtain non-identifying information. For adoptions facilitated through the State Department of Child and Family Services, adopted adults, birth parents, and adoptive parents may receive non-identifying information. Obtaining Identifying Information: Identifying information is provided through an Adoption Registry.
Using the Adoption Registry: Birth parents, adopted adults 21 or older, adopted adults younger than 21 with the consent of their adoptive parents, and birth siblings 21 or older may use the registry. Adoptive parents, adopted adults, birth parents, and birth siblings* may exchange updated medical information throughout the life of the adopted adult. The registry also may act as an intermediary if either party does not want to be contacted. All parties also may exchange pictures and written statements through the registry. *Note: This rule does not apply for non-relinquished birth siblings looking for a relinquished birth sibling if the birth parents are living and do not give their permission. However, if the birth parents are deceased a non-relinquished sibling can use the registry once they provide the registry with copies of the death certificates of the birth parents.
Contact: Illinois Adoption Registry and Medical Information Exchange (IARMIE) Department of Public Health Division of Vital Records 535 West Jefferson Street Springfield, IL 62761 (217) 557-5159 or toll- free in Illinois (877) 323-5299 Website for downloading forms: http://www.idph.state.il.us/vitalrecords/index.htm
Obtaining an Original Birth Certificate: An adoptee may receive through the registry or petition the court in which the adoption was finalized.
and here is an interesting read for the State of Illinois on how one woman got her birth mother and birth father's names
http://forums.adoption.com/showthread.php?p=690304#post690304
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It's official!
http://www.illinois.gov/
Provides for the release of the original birth certificate to an adopted person born prior to 1-1-1946, upon written request, AS SOON AS the bill has been signed by the Governor (i.e. by the end of 6-?-2010). Provides for the release of the original birth certificate to an adopted person born after 1-1-1946, upon written request, beginning 11-15-2011, providing he or she is over the age of 21 and one or both birth parents listed on the original birth certificate has not requested anonymity through the state Registry. A request for anonymity by one birth parent does not prohibit the release of identifying information pertaining to the other birth parent. Creates a Birth Parent Preference Form which allows birth parents to indicate their wishes regarding contact and the release of identifying information and/or provide non-identifying information to their surrendered children at the time of relinquishment OR any time thereafter. Eliminates a 25-year-old provision which MANDATED that birth parents complete a written statement regarding contact and/or the sharing of identifying information at the time of relinquishment; new provisions instruct agencies to inform birth parents that they have 21 years to make a decision regarding contact and the sharing of identifying information. Provides for a year-long public information campaign to inform adoptees and birth parents of the pending changes in the law, including notices accompanying license plate renewal notices issued to the owners of 12 million Illinois vehicles between 11-1-2010, and 10-31-2011, and notices in driver's license renewal applications from fall of 2010 through 10-31-2014 (both at NO cost to Illinois taxpayers!). Creates an Original Birth Certificate Access Oversight Committee, comprised of representatives of the Dept. of Public Health, the Department of Children and Family Services, as well as adoption agencies, attorney organizations, adoptive parent support groups, adoptee and birth parent support groups, and child welfare organizations, to ensure the timely and effective implementation of the public information campaign. Releases a copy of the original birth certificate to surviving spouses and surviving children over the age of 21 of deceased adopted persons who have registered with the Illinois Adoption Registry. Releases a copy of the original birth certificate to adopted persons whose birth parents have filed a request for anonymity in cases where the birth parent is deceased and a death certificate has been filed with the Registry. Authorizes adopted persons who are the subject of a request for anonymity to conduct a FREE confidential intermediary search to obtain updated medical information and/or to ascertain whether the birth parent still wishes to remain anonymous once five years have elapsed since the birth parent filed the request for anonymity. Adoptees who are the subject of a request for anonymity may also request a second intermediary search once ten years have elapsed since their initial search. Should the intermediary learn that the birth parent is deceased, he/she will now be required to obtain a copy of the birth parent’s death certificate and submit it to the Registry so that the original birth certificate can be immediately released to the adoptee. Specifies that the filing requirements and filing fees for adopted persons seeking to obtain their original birth certificates shall be the same as those required of non-adopted persons requesting copies of their birth certificates. Allows adoptees to request and obtain their original birth certificates WITHOUT going through the state Registry, if they wish. In cases where Vital Records possesses medical background information, pictures, letters or requests for contact from birth family members of an adopted person who has not signed up with the Registry, they will let the adoptee know and give him or her the opportunity to sign up with the Registry.
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This Website Helps Adopted Adults with Birth Certificates |
http://www.newillinoisadoptionlaw.com/ (IRN)-Adopted adults who are interested in a new law that will allow them the chance to have their original birth certificate can check out the details on a new website.
Birth parents have several options, from keeping that original birth certificate sealed, to allowing the release of the names and allowing contact.
State Representative Sara Feigenholtz, sponsor of the bill, says she's paying for the website herself, because she didn't want the state budget mess to delay it from going up.
The website can be found at www.newillinoisadoptionlaw.com
(Illinois Radio Network)
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