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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Vital Records Act is amended by changing |
| 5 | | Sections 17, 25.3, and 25.4 and adding Section 25.6 as |
| 6 | | follows:
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| 7 | | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
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| 8 | | Sec. 17. (1) For a person born in this State, the State |
| 9 | | Registrar of Vital
Records shall establish a new certificate |
| 10 | | of birth when he receives any of
the following:
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| 11 | | (a) A certificate of adoption as provided in Section |
| 12 | | 16 or a certified
copy of the order of adoption together |
| 13 | | with the information necessary to
identify the original |
| 14 | | certificate of birth and to establish the new
certificate |
| 15 | | of birth; except that a new certificate of birth shall not |
| 16 | | be
established if so requested by the court ordering the |
| 17 | | adoption, the
adoptive parents, or the adopted person.
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| 18 | | (b) A certificate of adoption or a certified copy of |
| 19 | | the order of
adoption entered in a court of competent |
| 20 | | jurisdiction of any other state or
country declaring |
| 21 | | adopted a child born in the State of Illinois, together
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| 22 | | with the information necessary to identify the original |
| 23 | | certificate of
birth and to establish the new certificate |
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| 1 | | of birth; except that a new
certificate of birth shall not |
| 2 | | be established if so requested by the court
ordering the |
| 3 | | adoption, the adoptive parents, or the adopted person.
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| 4 | | (c) A request that a new certificate be established |
| 5 | | and such evidence as
required by regulation proving that |
| 6 | | such person has been legitimatized, or
that the circuit |
| 7 | | court, the Department of Healthcare and Family Services |
| 8 | | (formerly
Illinois Department of Public Aid), or
a court |
| 9 | | or administrative agency of any other state
has |
| 10 | | established
the paternity of such a person
by judicial or |
| 11 | | administrative processes or by voluntary acknowledgment,
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| 12 | | which is accompanied by the social security
numbers of all |
| 13 | | persons determined and presumed to be the parents.
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| 14 | | (d) (Blank). A declaration by a licensed health care |
| 15 | | professional or licensed mental health professional who |
| 16 | | has treated or evaluated a person stating that the
person |
| 17 | | has undergone treatment that is clinically appropriate for |
| 18 | | that individual for the purpose of gender transition, |
| 19 | | based on contemporary medical standards, or that the |
| 20 | | individual has an intersex condition, and that the sex |
| 21 | | designation on such
person's birth record should therefore |
| 22 | | be changed. The information in the declaration shall be |
| 23 | | proved by the licensed health care professional or |
| 24 | | licensed mental health professional signing and dating it |
| 25 | | in substantially the following form: "I declare (or |
| 26 | | certify, verify, or state) under penalty of perjury that |
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| 1 | | the foregoing is true and correct. Executed on (date).". |
| 2 | | The new certificate of birth shall reflect any legal name |
| 3 | | change, so long as the appropriate documentation of the |
| 4 | | name change is submitted.
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| 5 | | (e) A statement signed by the person in which the |
| 6 | | person attests to making the request for the purpose of |
| 7 | | affirming the person's gender identity or intersex |
| 8 | | condition and that the sex designation on the person's |
| 9 | | certificate of birth should therefore be changed to a |
| 10 | | male, female, or X designation. |
| 11 | | Each request for a new certificate of birth shall be |
| 12 | | accompanied by a fee
of $15 and entitles the applicant to one |
| 13 | | certification or certified copy
of the new certificate. If the |
| 14 | | request is for additional copies, it shall
be accompanied by a |
| 15 | | fee of $2 for each additional certification or certified
copy. |
| 16 | | The fee for a new certificate of birth shall not be required |
| 17 | | from a person (1) upon release on parole, mandatory supervised |
| 18 | | release, final discharge, or pardon from the Department of |
| 19 | | Corrections if the person presents a prescribed verification |
| 20 | | form completed by the Department of Corrections verifying the |
| 21 | | released person's date of birth and social security number, or |
| 22 | | (2) placed on aftercare release under the Juvenile Court Act |
| 23 | | of 1987, upon release on parole, mandatory supervised release, |
| 24 | | final discharge, or pardon from the Department of Juvenile |
| 25 | | Justice if the person presents a prescribed verification form |
| 26 | | completed by the Department of Juvenile Justice verifying the |
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| 1 | | person's date of birth and social security number. However, |
| 2 | | the person is entitled to only one new certificate of birth fee |
| 3 | | waiver.
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| 4 | | (2) When a new certificate of birth is established, the |
| 5 | | actual place and
date of birth shall be shown; provided, in the |
| 6 | | case of adoption of a person
born in this State by parents who |
| 7 | | were residents of this State at the time
of the birth of the |
| 8 | | adopted person, the place of birth may be shown as the
place of |
| 9 | | residence of the adoptive parents at the time of such person's
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| 10 | | birth, if specifically requested by them, and any new |
| 11 | | certificate of birth
established prior to the effective date |
| 12 | | of this amendatory Act may be
corrected accordingly if so |
| 13 | | requested by the adoptive parents or the
adopted person when |
| 14 | | of legal age. The social security numbers of the
parents shall |
| 15 | | not be recorded on the certificate of birth. The social
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| 16 | | security numbers may only be used for purposes allowed under |
| 17 | | federal law.
The new certificate shall be substituted for the |
| 18 | | original certificate of birth:
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| 19 | | (a) Thereafter, the original certificate and the |
| 20 | | evidence of
paternity, legitimation, or change of sex |
| 21 | | designation shall not be subject to inspection
or |
| 22 | | certification except upon order of the circuit court, |
| 23 | | request of the person named on the certificate of birth, |
| 24 | | or
as provided by regulation. If the new certificate was |
| 25 | | issued subsequent to an adoption, then the evidence of |
| 26 | | adoption is not subject to inspection or certification |
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| 1 | | except upon order of the circuit court or as provided by |
| 2 | | rule, and the original certificate shall not be subject to |
| 3 | | inspection until the adopted person has reached the age of |
| 4 | | 21; thereafter, the original certificate shall be made |
| 5 | | available as provided by Section 18.1b of the Adoption |
| 6 | | Act, and nothing in this subsection shall impede or |
| 7 | | prohibit access to the original birth certificate under |
| 8 | | Section 18.1b of the Adoption Act.
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| 9 | | (b) Upon receipt of notice of annulment of adoption, |
| 10 | | the original
certificate of birth shall be restored to its |
| 11 | | place in the files, and the
new certificate and evidence |
| 12 | | shall not be subject to inspection or
certification except |
| 13 | | upon order of the circuit court.
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| 14 | | (3) If no certificate of birth is on file for the person |
| 15 | | for whom a new
certificate is to be established under this |
| 16 | | Section, a delayed record of
birth shall be filed with the |
| 17 | | State Registrar of Vital Records as provided
in Section 14 or |
| 18 | | Section 15 of this Act before a new certificate of birth
is |
| 19 | | established, except that when the date and place of birth and |
| 20 | | parentage
have been established in the adoption proceedings, a |
| 21 | | delayed record shall
not be required.
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| 22 | | (4) When a new certificate of birth is established by the |
| 23 | | State
Registrar of Vital Records, all copies of the original |
| 24 | | certificate of birth
in the custody of any custodian of |
| 25 | | permanent local records in this State
shall be transmitted to |
| 26 | | the State Registrar of Vital Records as directed,
and shall be |
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| 1 | | sealed from inspection except as provided by Section 18.1b of |
| 2 | | the Adoption Act.
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| 3 | | (5) Nothing in this Section shall be construed to prohibit |
| 4 | | the amendment
of a birth certificate in accordance with |
| 5 | | subsection (6) of Section 22.
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| 6 | | (Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)
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| 7 | | (410 ILCS 535/25.3) |
| 8 | | Sec. 25.3. Homeless person birth record request. |
| 9 | | (a) For the purposes of this Section, an individual's |
| 10 | | status as a homeless person may be verified by a human services |
| 11 | | agency, legal services agency, or other similar agency that |
| 12 | | has knowledge of the individual's housing status, including, |
| 13 | | but not limited to: |
| 14 | | (1) a homeless service agency receiving federal, |
| 15 | | State, county, or municipal funding to provide those |
| 16 | | services or otherwise sanctioned by a local continuum of |
| 17 | | care; |
| 18 | | (2) an attorney licensed to practice in the State; |
| 19 | | (3) a public school homeless liaison or school social |
| 20 | | worker; or |
| 21 | | (4) a human services provider funded by the State to |
| 22 | | serve homeless or runaway youth, individuals with mental |
| 23 | | illness, or individuals with addictions. |
| 24 | | Individuals who are homeless must not be charged for this |
| 25 | | verification. |
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| 1 | | Anyone who knowingly or purposefully falsifies this |
| 2 | | verification is subject to a penalty of $100. |
| 3 | | (b) Applicable fees under Section 17 for a new certificate |
| 4 | | of birth and under Section 25 of this Act for a search for a |
| 5 | | birth record or a certified copy of a birth record shall be |
| 6 | | waived for all requests made by a homeless person whose status |
| 7 | | is verified under subsection (a) of this Section. |
| 8 | | The State Registrar of Vital Records shall establish |
| 9 | | standards and procedures consistent with this Section for |
| 10 | | waiver of such applicable fees. |
| 11 | | (c) A homeless person shall be provided no more than 4 |
| 12 | | birth records annually under this Section.
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| 13 | | (Source: P.A. 100-506, eff. 1-1-18.)
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| 14 | | (410 ILCS 535/25.4) |
| 15 | | Sec. 25.4. Youth in care birth record request. |
| 16 | | (a) For the purposes of this Section, an individual's |
| 17 | | status as a youth in care may be verified: |
| 18 | | (1) with a copy of the court order placing the youth in |
| 19 | | the guardianship or custody of the Department of Children |
| 20 | | and Family Services or terminating the Department of |
| 21 | | Children and Family Services' guardianship or custody of |
| 22 | | the youth; or |
| 23 | | (2) by a human services agency, legal services agency, |
| 24 | | or other similar agency that has knowledge of the |
| 25 | | individual's youth in care status, including, but not |
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| 1 | | limited to: |
| 2 | | (A) a child welfare agency, including the |
| 3 | | Department of Children and Family Services; or |
| 4 | | (B) the attorney or guardian ad litem who served |
| 5 | | as the youth in care's attorney or guardian ad litem |
| 6 | | during proceedings under the Juvenile Court Act of |
| 7 | | 1987. |
| 8 | | A person described in subsection (b) of this Section must |
| 9 | | not be charged for verification under this Section. |
| 10 | | A person who knowingly or purposefully falsifies this |
| 11 | | verification is subject to a penalty of $100. |
| 12 | | (b) The applicable fees under Section 17 for a new |
| 13 | | certificate of birth and under Section 25 of this Act for a |
| 14 | | search for a birth record or a certified copy of a birth record |
| 15 | | shall be waived for all requests made by: |
| 16 | | (1) a youth in care, as defined in Section 4d of the |
| 17 | | Children and Family Services Act, whose status is verified |
| 18 | | under subsection (a) of this Section; or |
| 19 | | (2) a person under the age of 27 who was a youth in |
| 20 | | care, as defined in Section 4d of the Children and Family |
| 21 | | Services Act, on or after his or her 18th birthday and |
| 22 | | whose status is verified under subsection (a) of this |
| 23 | | Section. |
| 24 | | The State Registrar of Vital Records shall establish |
| 25 | | standards and procedures consistent with this Section for |
| 26 | | waiver of the applicable fees. |
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| 1 | | (c) A person shall be provided no more than 4 birth records |
| 2 | | annually under this Section.
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| 3 | | (Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.)
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| 4 | | (410 ILCS 535/25.6 new) |
| 5 | | Sec. 25.6. Fee waiver; persons who reside in a shelter for |
| 6 | | domestic violence. |
| 7 | | (a) The applicable fees under Section 17 of this Act for a |
| 8 | | new certificate of birth and Section 25 of this Act for a |
| 9 | | search of a birth record or a certified copy of a birth record |
| 10 | | shall be waived for all requests by a person who resides in a |
| 11 | | shelter for domestic violence. The State Registrar of Vital |
| 12 | | Records shall establish standards and procedures consistent |
| 13 | | with this Section for waiver of the applicable fees. A person |
| 14 | | described under this Section must not be charged for |
| 15 | | verification under this Section. A person who knowingly or |
| 16 | | purposefully falsifies this verification is subject to a |
| 17 | | penalty of $100. |
| 18 | | (b) A person who resides in a shelter for domestic |
| 19 | | violence shall be provided no more than 4 birth records |
| 20 | | annually under this Section.
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| 21 | | Section 99. Effective date. This Act takes effect July 1, |
| 22 | | 2023.
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INDEX
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Statutes amended in order of appearance
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