Bill Text: IL HB5428 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Adoption Act. In provisions requiring the Department of Public Health to inform the public of the Illinois Adoption Registry and Medical Information Exchange through notices enclosed with driver's license renewal applications, deletes language providing that the notices are required only until December 31, 2010. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Passed) 2010-05-21 - Public Act . . . . . . . . . 96-0895 [HB5428 Detail]

Download: Illinois-2009-HB5428-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by changing Sections
18.04, 18.05, 18.06, 18.07, 18.1, 18.1a, 18.1b, 18.2, 18.3,
18.3a, 18.5, and 18.6 as follows:
(750 ILCS 50/18.04)
Sec. 18.04. Original Birth Certificate Access The Illinois
Adoption Registry and Medical Information Exchange;
legislative intent. The General Assembly recognizes that it is
the basic right of all persons to access their birth records,
and, to this end, supports public policy that allows an adult
adoptee to access his or her original birth certificate. The
General Assembly further recognizes that there are
circumstances under which a birth parent may have compelling
reasons for wishing to remain anonymous to a child he or she
surrendered for adoption. In an effort to balance these
interests, the General Assembly supports public policy that
releases a non-certified copy of the original birth certificate
to an adult adopted person upon request unless a specific
request for anonymity has been filed with the Registry by a
birth parent named on the original birth certificate the
importance of creating a procedure by which mutually consenting

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adult members of birth and adoptive families, and adult adopted
or surrendered persons may voluntarily exchange vital medical
information throughout the life of the adopted or surrendered
person. The General Assembly supports public policy that
requires explicit mutual consent prior to the release of
confidential information. The General Assembly further
recognizes that it is in the best interest of adopted and
surrendered persons that birth family medical histories and the
preferences regarding contact of all parties to an adoption be
compiled, preserved and provided to mutually consenting
members of birth and adoptive families.
(Source: P.A. 94-173, eff. 1-1-06.)
(750 ILCS 50/18.05)
Sec. 18.05. The Illinois Adoption Registry and Medical
Information Exchange.
(a) General function. Subject to appropriation, the
Department of Public Health shall administer the Illinois
Adoption Registry and Medical Information Exchange in the
manner outlined in subsections (b) and (c) for the purpose of
facilitating the voluntary exchange of identifying and medical
information between mutually consenting members of birth and
adoptive families. The Department shall establish rules for the
confidential operation of the Illinois Adoption Registry. The
Department shall appoint an OBC-Access Public Information
Campaign Oversight Committee comprised of, but not limited to,

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representatives of the Department of Public Health and the
Department of Children and Family Services, as well as
representatives of the organizations that serve, as of the
effective date of this amendatory Act of the 96th General
Assembly, on the Illinois Adoption Registry Advisory Council or
the Confidential Intermediary Advisory Council. On and after
the effective date of this amendatory Act of the 96th General
Assembly, the OBC-Access Public Information Campaign Oversight
Committee shall develop and ensure the timely implementation of
a year-long, nationwide campaign to be conducted from November
1, 2010, through October 31, 2011, for the express purpose of
informing the public in earnest about the conditions under
which an adult adopted or surrendered person may receive a
non-certified copy of his or her original birth certificate,
and the procedures pursuant to which a birth parent may file a
Birth Parent Preference Form to express his or her wishes with
respect to contact with a surrendered son or daughter and the
release of identifying information that appears on the original
birth certificate. This year-long informational campaign shall
include, but not be limited to:
(1) Public service announcements to be distributed to local
and national radio and television stations.
(2) Notices to be distributed throughout Illinois to
physicians' offices, religious institutions, social welfare
organizations, retirement homes, and other entities capable of
reaching individuals who may be impacted by this change in the

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law.
(3) An informational website exclusively devoted to
providing the general public with information about the new law
as well as other forms of free electronic media.
(4) Press releases to be distributed to local and national
radio and television stations, as well as to relevant websites.
(5) Announcements about the new law to be posted on the
websites of all adoption agencies licensed in the State.
(6) Notices accompanying every vehicle registration
renewal application issued by the Secretary of State's office
between October 31, 2010, and November 1, 2011.
(7) Notices enclosed with driver's license renewal
applications issued by the Secretary of State's office
beginning 30 days after the effective date of this amendatory
Act of the 96th General Assembly and through November 30, 2014.
conduct a public information campaign through public service
announcements and other forms of media coverage and, until
December 31, 2010, through notices enclosed with driver's
license renewal applications, shall inform the public of the
Illinois Adoption Registry and Medical Information Exchange.
The Illinois Adoption Registry shall also maintain an
informational Internet site where interested parties may
access information about the Illinois Adoption Registry and
Medical Information Exchange and download all necessary
application forms. The Illinois Adoption Registry shall
maintain statistical records regarding Registry participation

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and publish and circulate to the public informational material
about the function and operation of the Registry.
(b) Establishment of the Adoption/Surrender Records File.
When a person has voluntarily registered with the Illinois
Adoption Registry and completed an Illinois Adoption Registry
Application or a Registration Identification Form, the
Registry shall establish a new Adoption/Surrender Records
File. Such file may concern an adoption that was finalized by a
court action in the State of Illinois, an adoption of a person
born in Illinois finalized by a court action in a state other
than Illinois or in a foreign country, a surrender taken in the
State of Illinois, or an adoption filed according to Section
16.1 of the Vital Records Act under a Record of Foreign Birth
that was not finalized by a court action in the State of
Illinois. Such file may be established for adoptions or
surrenders finalized prior to as well as after the effective
date of this amendatory Act. A file may be created in any
manner to preserve documents including but not limited to
microfilm, optical imaging, or electronic documents.
(c) Contents of the Adoption/Surrender Records File. An
established Adoption/Surrender Records File shall be limited
to the following items, to the extent that they are available:
(1) The General Information Section and Medical
Information Exchange Questionnaire of any Illinois
Adoption Registry Application or a Registration
Identification Form which has been voluntarily completed

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by any registered party.
(2) Any photographs voluntarily provided by any
registrant for any other registered party at the time of
registration or any time thereafter. All such photographs
shall be submitted in an unsealed envelope no larger than 8
1/2" x 11", and shall not include identifying information
pertaining to any person other than the registrant who
submitted them. Any such identifying information shall be
redacted by the Department or the information shall be
returned for removal of identifying information.
(3) Any Information Exchange Authorization, or Denial
of Information Exchange, or Birth Parent Preference Form
which has been filed by a registrant.
(4) For all adoptions finalized after January 1, 2000,
copies of the original certificate of live birth and the
certificate of adoption.
(5) Any updated address submitted by any registered
party about himself or herself.
(6) Any proof of death that which has been submitted by
a registrant.
(7) Any birth certificate that has been submitted by a
registrant.
(8) Any marriage certificate that has been submitted by
a registrant.
(9) Any proof of guardianship that has been submitted
by a registrant.

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(10) Any Request for a Non-Certified Copy of an
Original Birth Certificate that has been filed with the
Registry by an adult adopted or surrendered person or by a
surviving adult child or surviving spouse of a deceased
adopted or surrendered person who has registered with the
Registry.
(d) An established Adoption/Surrender Records File for an
adoption filed in Illinois under a Record of Foreign Birth that
was not finalized in a court action in the State of Illinois
shall be limited to the following items submitted to the State
Registrar of Vital Records under Section 16.1 of the Vital
Records Act, to the extent that they are available:
(1) Evidence as to the child's birth date and
birthplace (including the country of birth and, if
available, the city and province of birth) provided by the
original birth certificate, or by a certified copy,
extract, or translation thereof or by other document
essentially equivalent thereto (the records of the U.S.
Citizenship and Immigration Services Immigration and
Naturalization Service or of the U.S. Department of State
to be considered essentially equivalent thereto).
(2) A certified copy, extract, or translation of the
adoption decree or other document essentially equivalent
thereto (the records of the U.S. Citizenship and
Immigration Services Immigration and Naturalization
Service or of the U.S. Department of State to be considered

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essentially equivalent thereto).
(3) A copy of the IR-3 visa.
(4) The name and address of the adoption agency that
handled the adoption.
(Source: P.A. 94-173, eff. 1-1-06; 94-430, eff. 8-2-05; 95-331,
eff. 8-21-07.)
(750 ILCS 50/18.06)
Sec. 18.06. Definitions. When used in Sections 18.05
through Section 18.6, for the purposes of the Registry:
"Adopted person" means a person who was adopted pursuant to
the laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent
through the legal process of adoption.
"Adult child" means the biological child 21 years of age or
over of a deceased adopted or surrendered person.
"Adult Adopted or Surrendered Person" means an adopted or
surrendered person 21 years of age or over.
"Agency" means a public child welfare agency or a licensed
child welfare agency.
"Birth aunt" means the adult full or half sister of a
deceased birth parent.
"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

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judgment or order of the court, pursuant to the Illinois
Parentage Act of 1984.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a birth mother or birth father of an
adopted or surrendered person.
"Birth Parent Preference Form" means the form prepared by
the Department of Public Health pursuant to Section 18.2
completed by a birth parent registrant and filed with the
Registry that indicates the birth parent's preferences
regarding contact and the release of his or her identifying
information on the non-certified copy of the original birth
certificate released to an adult adopted or surrendered person
or to the surviving adult child or surviving spouse of a
deceased adopted or surrendered person who has filed a Request
for a Non-Certified Copy of an Original Birth Certificate.
"Birth relative" means a birth mother, birth father, birth
sibling, birth aunt, or birth uncle.
"Birth sibling" means the adult full or half sibling of an
adopted or surrendered person.
"Birth uncle" means the adult full or half brother of a
deceased birth parent.
"Confidential intermediary" means an individual certified
by the Department of Children and Family Services pursuant to
Section 18.3a(e).
"Denial of Information Exchange" means an affidavit

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completed by a registrant with the Illinois Adoption Registry
and Medical Information Exchange denying the release of
identifying information which has been filed with the Registry.
"Information Exchange Authorization" means an affidavit
completed by a registrant with the Illinois Adoption Registry
and Medical Information Exchange authorizing the release of
identifying information which has been filed with the Registry.
"Medical Information Exchange Questionnaire" means the
medical history questionnaire completed by a registrant of the
Illinois Adoption Registry and Medical Information Exchange.
"Non-certified Copy of the Original Birth Certificate"
means a non-certified copy of the original certificate of live
birth of an adult adopted or surrendered person who was born in
Illinois.
"Proof of death" means a death certificate.
"Registrant" or "Registered Party" means a birth parent,
birth sibling, birth aunt, birth uncle, adopted or surrendered
person 21 years of age or over, adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21, or adoptive parent, surviving spouse, or adult child of a
deceased adopted or surrendered person who has filed an
Illinois Adoption Registry Application or Registration
Identification Form with the Registry.
"Registry" means the Illinois Adoption Registry and
Medical Information Exchange.
"Request for a Non-Certified Copy of an Original Birth

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Certificate" means an affidavit completed by an adult adopted
or surrendered person or by the surviving adult child or
surviving spouse of a deceased adopted or surrendered person
and filed with the Registry requesting a non-certified copy of
an adult adopted or surrendered person's original certificate
of live birth in Illinois.
"Surrendered person" means a person whose parents' rights
have been surrendered or terminated but who has not been
adopted.
"Surviving spouse" means the wife or husband of a deceased
adopted or surrendered person who has one or more biological
children under the age of 21.
"18.3 Statement" means a statement regarding the
disclosure of identifying information signed by a birth parent
under Section 18.3 of this Act as it existed immediately prior
to the effective date of this amendatory Act of the 96th
General Assembly.
(Source: P.A. 94-173, eff. 1-1-06.)
(750 ILCS 50/18.07)
Sec. 18.07. Adoption Registry Advisory Council. There is
established an Adoption Registry Advisory Council. The Council
shall meet twice yearly, and at least once yearly jointly with
the Confidential Intermediary Advisory Council. The Council
shall be chaired by the Director of the Department of Public
Health or his designee. The Council shall include the Director

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of the Department of Children and Family Services or his
designee. The Council shall also include one representative
from each of the following organizations: Adoption Advocates of
Illinois, Adoptive Families Today, American Adoption Congress,
Catholic Conference of Illinois, Chicago Area Families for
Adoption, Chicago Bar Association, Child Care Association of
Illinois, Children Remembered, Inc., Children's Home and Aid
Society of Illinois, Child Welfare Advisory Council, The
Cradle, Healing Hearts, Illinois Foster Parents Association,
Illinois State Bar Association, Illinois State Medical
Society, Jewish Children's Bureau, Kids Help Foundation, LDS
Social Services, Lutheran Social Services of Illinois,
Maryville Academy, Midwest Adoption Center, St. Mary's
Services, Stars of David, and Truthseekers in Adoption.
If any one of the above named organizations notifies the
Director of the Department of Public Health in writing that the
organization does not wish to participate on the Advisory
Council or that the organization is no longer functioning, the
Director shall appoint another organization that represents
the same constituency as the named organization to replace the
named organization on the Council.
The Council's responsibilities shall include the following:
1) Advising the Department on the development of rules,
procedures, and forms utilized by the Illinois Adoption
Registry and Medical Information Exchange;
2) Making recommendations regarding the procedures,

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tools and technology that will ensure efficient and
effective operation of the Registry;
3) Submitting a report to the Governor and the General
Assembly no later than January 1, 2001, on the status of
the Registry, an evaluation of the effectiveness of the
Registry, and pertinent statistics regarding the Registry;
3) 4) Assisting 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 Medical 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; .
4) Collecting, compiling, and reviewing statistical
data and empirical information concerning the procedures
in the Registry including, but not limited to, data
concerning the filing of Denials of Information Exchange,
Information Exchange Authorizations, Requests for a
Non-Certified Copy of an Original Birth Certificate, and
Birth Parent Preference Forms.
(Source: P.A. 91-417, eff. 1-1-00.)

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(750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
Sec. 18.1. Disclosure of identifying information.
(a) The Department of Public Health shall establish and
maintain a Registry for the purpose of allowing providing
identifying information to mutually consenting members of
birth and adoptive families to exchange identifying and medical
information. Identifying information for the purpose of this
Act shall mean any one or more of the following:
(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 non-certified copy of the original birth
certificate of live birth of an adult the adopted or
surrendered person.
(b) Written authorization from all parties identified must
be received prior to disclosure of any identifying information,
with the exception of non-certified copies of original birth
certificates released to adult adopted or surrendered persons
or to surviving adult children and surviving spouses of
deceased adopted or surrendered persons pursuant to the
procedures outlined in Section 18.1b(e).
(c) (b) At any time after a child is surrendered for
adoption, or at any time during the adoption proceedings or at
any time thereafter, either birth parent or both of them may
file with the Registry a Birth Parent Registration

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Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(d) (b-5) A birth sibling 21 years of age or over who was
not surrendered for adoption and who has submitted a copy of
his or her birth certificate as well as proof of death for a
deceased birth parent and such birth parent did not file a
Denial of Information Exchange with the Registry prior to his
or her death may file a Registration Identification Form and an
Information Exchange Authorization or a Denial of Information
Exchange.
(e) (b-7) A birth aunt or birth uncle who has submitted
birth certificates for himself or herself and for a deceased
birth parent naming at least one common biological parent as
well as proof of death for the deceased birth parent and such
birth parent did not file a Denial of Information Exchange with
the Registry prior to his or her death may file a Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(f) (c) Any adopted person 21 years of age or over, any
surrendered person 21 years of age or over, or any 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.
(g) (c-3) Any adult child 21 years of age or over of a
deceased adopted or surrendered person who has submitted a copy

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of his or her birth certificate naming an adopted or
surrendered person as his or her biological parent as well as
proof of death for the deceased adopted or surrendered person
and such adopted or surrendered person did not file a Denial of
Information Exchange with the Registry prior to his or her
death may file a Registration Identification Form and an
Information Exchange Authorization or a Denial of Information
Exchange.
(h) (c-5) Any surviving spouse of a deceased adopted or
surrendered person 21 years of age or over who has submitted
proof of death for the deceased adopted or surrendered person
and such adopted or surrendered person did not file a Denial of
Information Exchange with the Registry prior to his or her
death as well as a birth certificate naming themselves and the
adopted or surrendered person as the parents of a minor child
under the age of 21 may file a Registration Identification Form
and an Information Exchange Authorization or a Denial of
Information Exchange.
(i) (c-7) Any adoptive parent or legal guardian of a
deceased adopted or surrendered person 21 years of age or over
who has submitted proof of death as well as proof of parentage
or guardianship for the deceased adopted or surrendered person
and such adopted or surrendered person did not file a Denial of
Information Exchange with the Registry prior to his or her
death may file a Registration Identification Form and an
Information Exchange Authorization or a Denial of Information

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Exchange.
(j) (d) The Department of Public Health shall supply to the
adopted or surrendered person or his or her adoptive parents,
legal guardians, adult children or surviving spouse, and to the
birth parents identifying information only if both the adopted
or surrendered person, or one of his or her adoptive parents,
legal guardians, adult children or his or her surviving spouse,
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, the child of the consenting adoptive parents or legal
guardians, the parent of the consenting adult child of the
adopted or surrendered person, or the deceased wife or husband
of the consenting surviving spouse is the child of the
consenting birth parents, except identifying information that
appears on a non-certified copy of an original birth
certificate may be provided to an adult adopted or surrendered
person or to the surviving adult child or surviving spouse of a
deceased adopted or surrendered person pursuant to the
procedures outlined in Section 18.1b(e) of this Act.
The Department of Public Health shall 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 shall be

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supplied to consenting birth siblings who were adopted or
surrendered if any such sibling is 21 years of age or over.
Identifying information shall be supplied to consenting birth
siblings who were not adopted or surrendered if any such
sibling is 21 years of age or over and has proof of death of the
common birth parent and such birth parent did not file a Denial
of Information Exchange with the Registry prior to his or her
death.
(k) (d-3) The Department of Public Health shall supply to
the adopted or surrendered person or his or her adoptive
parents, legal guardians, adult children or surviving spouse,
and to a birth aunt identifying information only if both the
adopted or surrendered person or one of his or her adoptive
parents, legal guardians, adult children or his or her
surviving spouse, and the birth aunt 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, or the parent of the
consenting adult child, or the deceased wife or husband of the
consenting surviving spouse of the adopted or surrendered
person is or was the child of the brother or sister of the
consenting birth aunt.
(l) (d-5) The Department of Public Health shall supply to
the adopted or surrendered person or his or her adoptive
parents, legal guardians, adult children or surviving spouse,

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and to a birth uncle identifying information only if both the
adopted or surrendered person or one of his or her adoptive
parents, legal guardians, adult children or his or her
surviving spouse, and the birth uncle 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, or the parent of the
consenting adult child, or the deceased wife or husband of the
consenting surviving spouse of the adopted or surrendered
person is or was the child of the brother or sister of the
consenting birth uncle.
(m) (e) A registrant may notify the Registry of his or her
desire not to have identifying information his or her identity
revealed or may revoke any previously filed Information
Exchange Authorization by completing and filing with the
Registry a Registry Identification Form along with a Denial of
Information Exchange. The Illinois Adoption Registry
Application does not need to be completed in order to file a
Denial of Information Exchange. Any registrant, except a birth
parent, may revoke his or her Denial of Information Exchange by
filing an Information Exchange Authorization. A birth parent
may revoke a Denial of Information Exchange by filing a Birth
Parent Preference Form. Any birth parent who has previously
filed a Birth Parent Preference Form where Option E was
selected may revoke such preference by filing a subsequent

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Birth Parent Preference Form and selecting Option A, B, C, or
D. The Department of Public Health shall act in accordance with
the most recently filed affidavit Authorization.
(n) (f) Identifying information ascertained from the
Registry shall be confidential and may be disclosed only (1)
upon a Court Order, which order shall name the person or
persons entitled to the information, or (2) to a registrant who
is the subject of an Information Exchange Authorization that
was completed by another registrant and filed with the Illinois
Adoption Registry and Medical Information Exchange, or (3) as
authorized under subsection (h) of Section 18.3 of this Act, or
(4) pursuant to the procedures outlined in Section 18.1b(e) of
this Act. A copy of the certificate of live birth shall only be
released to an adopted or surrendered person who was born in
Illinois and who is the subject of an Information Exchange
Authorization filed by one of his or her birth relatives. Any
person who willfully provides unauthorized disclosure of any
information filed with the Registry or who knowingly or
intentionally files false information with the Registry shall
be guilty of a Class A misdemeanor and shall be liable for
damages.
(o) (g) If information is disclosed pursuant to this Act,
the Department shall redact it to remove any identifying
information about any party who has not consented to the
disclosure of such identifying information, or, in the case of
identifying information on the original birth certificate,

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pursuant to Section 18.1b(e) of this Act.
(Source: P.A. 94-173, eff. 1-1-06.)
(750 ILCS 50/18.1a)
Sec. 18.1a. Registry matches.
(a) The Registry shall release identifying information, as
specified on the applicant's Information Exchange
Authorization, to the following mutually consenting registered
parties and provide them with any photographs or correspondence
which have been placed in the Adoption/Surrender Records File
and are specifically intended for the registered parties:
(i) an adult adopted or surrendered person and one of
his or her birth relatives who have both filed an
applicable Information Exchange Authorization specifying
the other consenting party with the Registry, if
information available to the Registry confirms that the
consenting adopted or surrendered person is biologically
related to the consenting birth relative;
(ii) the adoptive parent or legal guardian of an
adopted or surrendered person under the age of 21 and one
of the adopted or surrendered person's birth relatives who
have both filed an Information Exchange Authorization
specifying the other consenting party with the Registry, if
information available to the Registry confirms that the
child of the consenting adoptive parent or legal guardian
is biologically related to the consenting birth relative;

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and
(iii) the adoptive parent, adult child or surviving
spouse of a deceased adopted or surrendered person, and one
of the adopted or surrendered person's birth relatives who
have both filed an applicable Information Exchange
Authorization specifying the other consenting party with
the Registry, if information available to the Registry
confirms that child of the consenting adoptive parent, the
parent of the consenting adult child or the deceased wife
or husband of the consenting surviving spouse of the
adopted or surrendered person was biologically related to
the consenting birth relative.
(b) If a registrant is the subject of a Denial of
Information Exchange filed by another registered party, the
Registry shall not release identifying information to either
registrant with the exception of non-certified copies of the
original birth certificate released under Section 18.1b(e),
and as to a birth parent who has prohibited release of
identifying information on the original birth certificate to
the adult adopted or surrendered person, upon the death of said
birth parent.
(c) If a registrant has completed a Medical Information
Exchange Questionnaire and has consented to its disclosure,
that Questionnaire shall be released to any registered party
who has indicated their desire to receive such information on
his or her Illinois Adoption Registry Application, if

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information available to the Registry confirms that the
consenting parties are biologically related, that the
consenting birth relative and the child of the consenting
adoptive parents or legal guardians are birth relatives, or
that the consenting birth relative and the deceased wife or
husband of the consenting surviving spouse are birth relatives.
(Source: P.A. 94-173, eff. 1-1-06.)
(750 ILCS 50/18.1b)
Sec. 18.1b. The Illinois Adoption Registry Application.
The Illinois Adoption Registry Application shall substantially
include the following:
(a) General Information. The Illinois Adoption Registry
Application shall include the space to provide Information
about the registrant including his or her surname, given name
or names, social security number (optional), mailing address,
home telephone number, gender, date and place of birth, and the
date of registration. If applicable and known to the
registrant, he or she may include the maiden surname of the
birth mother, any subsequent surnames of the birth mother, the
surname of the birth father, the given name or names of the
birth parents, the dates and places of birth of the birth
parents, the surname and given name or names of the adopted
person prior to adoption, the gender and date and place of
birth of the adopted or surrendered person, the name of the
adopted person following his or her adoption and the state and

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county where the judgment of adoption was finalized.
(b) Medical Information Exchange Questionnaire. In
recognition of the importance of medical information and of
recent discoveries regarding the genetic origin of many medical
conditions and diseases all registrants shall be asked to
voluntarily complete a Medical Information Exchange
Questionnaire.
(1) For birth relatives, the Medical Information
Exchange Questionnaire shall include a comprehensive
check-list of medical conditions and diseases including
those of genetic origin. Birth relatives shall be asked to
indicate all genetically-inherited diseases and conditions
on this list which are known to exist in the adopted or
surrendered person's birth family at the time of
registration. In addition, all birth relatives shall be
apprised of the Registry's provisions for voluntarily
submitting information about their and their family's
medical histories on a confidential, ongoing basis.
(2) Adopted and surrendered persons and their adoptive
parents, legal guardians, adult children, and surviving
spouses shall be asked to indicate all
genetically-inherited diseases and medical conditions with
which the adopted or surrendered person or, if applicable,
his or her children have been diagnosed since birth.
(3) The Medical Information Exchange Questionnaire
shall include a space where the registrant may authorize

HB5428 Enrolled - 25 - LRB096 17882 AJO 33250 b
the release of the Medical Information Exchange
Questionnaire to specified registered parties and a
disclaimer informing registrants that the Department of
Public Health cannot guarantee the accuracy of medical
information exchanged through the Registry.
(c) Written statement. All registrants shall be given the
opportunity to voluntarily file a written statement with the
Registry. This statement shall be submitted in the space
provided. No written statement submitted to the Registry shall
include identifying information pertaining to any person other
than the registrant who submitted it. Any such identifying
information shall be redacted by the Department or returned for
removal of identifying information.
(d) Exchange of Contact information. All registrants may
indicate their wishes regarding contact and the exchange of
identifying and/or medical information with any other
registrant by completing an Information Exchange Authorization
or a Denial of Information Exchange.
(1) Information Exchange Authorization. Adopted or
surrendered persons 21 years of age or over who are
interested in exchanging identifying and/or medical
information or would welcome contact with one or more of
their birth relatives; birth parents who are interested in
exchanging identifying and/or medical information or would
welcome contact with an adopted or surrendered person 21
years of age or over, or one or more of his or her adoptive

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parents, legal guardians, adult children, or a surviving
spouse; birth siblings 21 years of age or over who were
adopted or surrendered and who are interested in exchanging
identifying and/or medical information or would welcome
contact with an adopted or surrendered person, or one or
more of his or her adoptive parents, legal guardians, adult
children, or a surviving spouse; birth siblings 21 years of
age or over who were not surrendered and who have submitted
proof of death for any common birth parent who did not file
a Denial of Information Exchange prior to his or her death,
and who are interested in exchanging identifying and/or
medical information or would welcome contact with an
adopted or surrendered person, or one or more of his or her
adoptive parents, legal guardians, adult children, or a
surviving spouse; birth aunts and birth uncles 21 years of
age or over who have submitted birth certificates for
themselves and a deceased birth parent naming at least one
common biological parent as well as proof of death for a
deceased birth parent who did not file a Denial of
Information Exchange prior to his or her death and who are
interested in exchanging identifying and/or medical
information or would welcome contact with an adopted or
surrendered person 21 years of age or over, or one or more
of his or her adoptive parents, legal guardians, adult
children or a surviving spouse; adoptive parents or legal
guardians of adopted or surrendered persons under the age

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of 21 who are interested in exchanging identifying and/or
medical information or would welcome contact with one or
more of the adopted or surrendered person's birth
relatives; adoptive parents and legal guardians of
deceased adopted or surrendered persons 21 years of age or
over who have submitted proof of death for a deceased
adopted or surrendered person who did not file a Denial of
Information Exchange prior to his or her death and who are
interested in exchanging identifying and/or medical
information or would welcome contact with one or more of
the adopted or surrendered person's birth relatives; adult
children of deceased adopted or surrendered persons who
have submitted a birth certificate naming the adopted or
surrendered person as their biological parent and proof of
death for an adopted or surrendered person who did not file
a Denial of Information Exchange prior to his or her death;
and surviving spouses of deceased adopted or surrendered
persons who have submitted a marriage certificate naming an
adopted or surrendered person as their deceased wife or
husband and proof of death for an adopted or surrendered
person who did not file a Denial of Information Exchange
prior to his or her death and who are interested in
exchanging identifying and/or medical information or would
welcome contact with one or more of the adopted or
surrendered person's birth relatives may specify with whom
they wish to exchange identifying information by filing an

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Information Exchange Authorization.
(2) Denial of Information Exchange. Adopted or
surrendered persons 21 years of age or over who do not wish
to exchange identifying information or establish contact
with one or more of their birth relatives may specify with
whom they do not wish to exchange identifying information
or do not wish to establish contact by filing a Denial of
Information Exchange. Birth relatives who do not wish to
establish contact with an adopted or surrendered person or
one or more of his or her adoptive parents, legal
guardians, or adult children may specify with whom they do
not wish to exchange identifying information or do not wish
to establish contact by filing a Denial of Information
Exchange. Birth parents who wish to prohibit the release of
their identifying information on the original birth
certificate released to an adult adopted or surrendered
person who was born after January 1, 1946, or to the
surviving adult child or surviving spouse of a deceased
adopted or surrendered person who was born after January 1,
1946, may do so by filing a Denial with the Registry on or
before December 31, 2010. As of January 1, 2011, birth
parents who wish to prohibit the release of identifying
information on the non-certified copy of the original birth
certificate released to an adult adopted surrendered
person or to the surviving adult child or surviving spouse
of a deceased adopted or surrendered person may do so by

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selecting Option E on a Birth Parent Preference Form and
filing the Form with the Registry. Adoptive parents or
legal guardians of adopted or surrendered persons under the
age of 21 who do not wish to establish contact with one or
more of the adopted or surrendered person's birth relatives
may specify with whom they do not wish to exchange
identifying information by filing a Denial of Information
Exchange. Adoptive parents, adult children, and surviving
spouses of deceased adoptees who do not wish to exchange
identifying information or establish contact with one or
more of the adopted or surrendered person's birth relatives
may specify with whom they do not wish to exchange
identifying information or do not wish to establish contact
by filing a Denial of Information Exchange. The Illinois
Adoption Registry Application does not need to be completed
in order to file a Denial of Information Exchange.
(3) Birth Parent Preference Form. Beginning January 1,
2011, birth parents who are eligible to register with the
Illinois Adoption Registry and Medical Information
Exchange and who wish to communicate their wishes regarding
contact and/or the release of their identifying
information on the non-certified copy of the original birth
certificate released to an adult adopted or surrendered
person or the surviving adult child or surviving spouse of
a deceased adopted or surrendered person who has requested
a copy of the adopted or surrendered person's original

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birth certificate by filing a Request for a Non-Certified
Copy of an Original Birth Certificate pursuant to
subsection (e) of this Section, may file a Birth Parent
Preference Form with the Registry. All Birth Parent
Preference Forms on file with the Registry at the time of
receipt of a Request for a Non-Certified Copy of an
Original Birth Certificate from an adult adopted or
surrendered person or the surviving adult child or
surviving spouse of a deceased adopted or surrendered
person shall be forwarded to the relevant adopted or
surrendered person or surviving adult child or surviving
spouse of a deceased adopted or surrendered person along
with a non-certified copy of the adopted or surrendered
person's original birth certificate as outlined in
subsection (e) of this Section.
(e) Procedures for requesting a non-certified copy of an
original birth certificate by an adult adopted or surrendered
person or by a surviving adult child or surviving spouse of a
deceased adopted or surrendered person:
(1) On or after the effective date of this amendatory
Act of the 96th General Assembly, any adult adopted or
surrendered person who was born in Illinois prior to
January 1, 1946, may complete and file with the Registry a
Request for a Non-Certified Copy of an Original Birth
Certificate. The Registry shall provide such adult adopted
or surrendered person with an unaltered, non-certified

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copy of his or her original birth certificate upon receipt
of the Request for a Non-Certified Copy of an Original
Birth Certificate. Additionally, in cases where an adopted
or surrendered person born in Illinois prior to January 1,
1946, is deceased, and one of his or her surviving adult
children or his or her surviving spouse has registered with
the Registry, he or she may complete and file with the
Registry a Request for a Non-Certified Copy of an Original
Birth Certificate. The Registry shall provide such
surviving adult child or surviving spouse with an
unaltered, non-certified copy of the adopted or
surrendered person's original birth certificate upon
receipt of the Request for a Non-Certified Copy of an
Original Birth Certificate.
(2) Beginning November 15, 2011, any adult adopted or
surrendered person who was born in Illinois on or after
January 1, 1946, may complete and file with the Registry a
Request for a Non-certified Copy of an Original Birth
Certificate. Additionally, in cases where the adopted or
surrendered person is deceased and one of his or her
surviving adult children or his or her surviving spouse has
registered with the Registry, he or she may complete and
file with the Registry a Request for a Non-Certified Copy
of an Original Birth Certificate. Upon receipt of such
request from an adult adopted or surrendered person or from
one of his or her surviving adult children or his or her

HB5428 Enrolled - 32 - LRB096 17882 AJO 33250 b
surviving spouse, the Registry shall:
(i) Determine if there is a Denial of Information
Exchange which was filed by a birth parent named on the
original birth certificate prior to January 1, 2011. If
a Denial was filed by a birth parent named on the
original birth certificate prior to January 1, 2011,
and there is no proof of death in the Registry file for
the birth parent who filed said Denial, the Registry
shall inform the requesting adult adopted or
surrendered person or the requesting surviving adult
child or surviving spouse of a deceased adopted or
surrendered person that they may receive a
non-certified copy of the original birth certificate
from which all identifying information pertaining to
the birth parent who filed the Denial has been
redacted. A requesting adult adopted or surrendered
person shall also be informed in writing of his or her
right to petition the court for the appointment of a
confidential intermediary pursuant to Section 18.3a of
this Act and, if applicable, to conduct a search
through an agency post-adoption search program once 5
years have elapsed since the birth parent filed the
Denial of Information Exchange with the Registry.
(ii) Determine if a birth parent named on the
original birth certificate has filed a Birth Parent
Preference Form. If one of the birth parents named on

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the original birth certificate filed a Birth Parent
Preference Form and selected Option A, B, C, or D, the
Registry shall forward to the adult adopted or
surrendered person or to the surviving adult child or
surviving spouse of a deceased adopted or surrendered
person a copy of the Birth Parent Preference Form. If
one of the birth parents named on the original birth
certificate filed a Birth Parent Preference Form and
selected Option E, and there is no proof of death in
the Registry file for the birth parent who filed said
Birth Parent Preference Form, the Registry shall
inform the requesting adult adopted or surrendered
person or the requesting surviving adult child or
surviving spouse of a deceased adopted or surrendered
person that he or she may receive a non-certified copy
of the original birth certificate from which
identifying information pertaining to the birth parent
who completed the Birth Parent Preference Form has been
redacted per the birth parent's specifications on the
Form. The Registry shall forward to the adult adopted
or surrendered person or to the surviving adult child
or surviving spouse of a deceased adopted or
surrendered person a copy of the Birth Parent
Preference Form filed by the birth parent from which
identifying information has been redacted per the
birth parent's specifications on the Form. The

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requesting adult adopted or surrendered person shall
also be informed in writing of his or her right to
petition the court for the appointment of a
confidential intermediary pursuant to Section 18.3a of
this Act, and, if applicable, to conduct a search
through an agency post-adoption search program once 5
years have elapsed since the birth parent filed the
Birth Parent Preference Form, on which Option E was
selected, with the Registry.
(iii) Determine if a birth parent named on the
original birth certificate has filed an Information
Exchange Authorization.
(iv) If the Registry has confirmed that a
requesting adult adopted or surrendered person or the
parent of a requesting adult child of a deceased
adopted or surrendered person or the husband or wife of
a requesting surviving spouse was not the object of a
Denial of Information Exchange filed by a birth parent
on or before December 31, 2010, and that no birth
parent named on the original birth certificate has
filed a Birth Parent Preference Form where Option E was
selected prior to the receipt of a Request for a
Non-Certified Copy of an Original Birth Certificate,
the Registry shall provide the adult adopted or
surrendered person or his or her surviving adult child
or surviving spouse with an unaltered non-certified

HB5428 Enrolled - 35 - LRB096 17882 AJO 33250 b
copy of the adopted or surrendered person's original
birth certificate.
(3) In cases where the Registry receives a Birth Parent
Preference Form from a birth parent subsequent to the
release of the non-certified copy of the original birth
certificate to an adult adopted or surrendered person or to
the surviving adult child or surviving spouse of a deceased
adopted or surrendered person, the Birth Parent Preference
Form shall be immediately forwarded to the adult adopted or
surrendered person or to the surviving adult child or
surviving spouse of the deceased adopted or surrendered
person and the birth parent who filed the form shall be
informed that the relevant original birth certificate has
already been released.
(4) A copy of the original birth certificate shall only
be released to adopted or surrendered persons who were born
in Illinois; to surviving adult children or surviving
spouses of deceased adopted or surrendered persons who were
born in Illinois; or to 2 registered parties who have both
consented to the release of a non-certified copy of the
original birth certificate to one another through the
Registry when the birth of the relevant adopted or
surrendered person took place in Illinois.
(5) In cases where the Registry receives a Request for
a Non-Certified Copy of an Original Birth Certificate from
an adult adopted or surrendered person who has not

HB5428 Enrolled - 36 - LRB096 17882 AJO 33250 b
completed a Registry application and the file of that
adopted or surrendered person includes an Information
Exchange Authorization or Medical Information Exchange
Questionnaire from one or more of his or her birth
relatives, the Registry shall so inform the adult adopted
or surrendered person and forward Registry application
forms to him or her along with a non-certified copy of the
original birth certificate consistent with the procedures
outlined in this subsection (e).
(6) In cases where a birth parent registered with the
Registry and filed a Medical Information Exchange
Questionnaire prior to the effective date of this
amendatory Act of the 96th General Assembly but gave no
indication as to his or her wishes regarding contact or the
sharing of identifying information, the Registry shall
contact the birth parent by written letter prior to January
1, 2011, and provide him or her with the opportunity to
indicate his or her preference regarding contact and the
sharing of identifying information by submitting a Birth
Parent Preference Form to the Registry prior to November 1,
2011.
(7) In cases where the Registry cannot locate a copy of
the original birth certificate in the Registry file, they
shall be authorized to request a copy of the original birth
certificate from the Illinois county where the birth took
place for placement in the Registry file.

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(8) Adopted and surrendered persons who wish to have
their names placed with the Illinois Adoption Registry and
Medical Information Exchange may do so by completing a
Registry application at any time, but completing a Registry
application shall not be required for adopted and
surrendered persons who seek only to obtain a copy of their
original birth certificate or any relevant Birth Parent
Preference Forms through the Registry.
(9) In cases where a birth parent filed a Denial of
Information Exchange with the Registry prior to January 1,
2011, or filed a Birth Parent Preference Form with the
Registry and selected Option E after January 1, 2011, and a
proof of death for the birth parent who filed the Denial or
the Birth Parent Preference Form has been filed with the
Registry by either a confidential intermediary or a
surviving relative of the deceased birth parent, the
Registry shall be authorized to release an unaltered
non-certified copy of the original birth certificate to an
adult adopted or surrendered person or to the surviving
adult child or surviving spouse of a deceased adopted or
surrendered person who has filed a Request for a
Non-Certified Copy of the Original Birth Certificate with
the Registry.
(10) On and after the effective date of this amendatory
Act of the 96th General Assembly, in cases where all birth
parents named on the original birth certificate of an

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adopted or surrendered person born after January 1, 1946,
are deceased and copies of death certificates for all birth
parents named on the original birth certificate have been
filed with the Registry by either a confidential
intermediary or a surviving relative of the deceased birth
parent, the Registry shall be authorized to release a
non-certified copy of the original birth certificate to the
adopted or surrendered person upon receipt of his or her
Request for a Non-Certified Copy of an Original Birth
Certificate.
(f) (e) A registrant may complete all or any part of the
Illinois Adoption Registry Application. All Illinois Adoption
Registry Applications, Information Exchange Authorizations,
Denials of Information Exchange, requests to revoke an
Information Exchange Authorization or Denial of Information
Exchange, and affidavits submitted to the Registry shall be
accompanied by proof of identification.
(f) The Department shall establish the Illinois Adoption
Registry Application form including the Medical Information
Exchange Questionnaire by rule.
(Source: P.A. 94-173, eff. 1-1-06.)
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
Sec. 18.2. Forms.
(a) The Department shall develop the Illinois Adoption
Registry forms as provided in this Section. The General

HB5428 Enrolled - 39 - LRB096 17882 AJO 33250 b
Assembly shall reexamine the content of the form as requested
by the Department, in consultation with the Registry Advisory
Council. The form of the Birth Parent Registration
Identification Form shall be substantially as follows:
BIRTH PARENT REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state that I am the ...... (mother or father) of the
following child:
Child's original name: ..... (first) ..... (middle) .....
(last), ..... (hour of birth), ..... (date of birth),
..... (city and state of birth), ..... (name of
hospital).
Father's full name: ...... (first) ...... (middle) .....
(last), ..... (date of birth), ..... (city and state of
birth).
Name of mother inserted on birth certificate: ..... (first)
..... (middle) ..... (last), ..... (race), ..... (date
of birth), ...... (city and state of birth).
That I surrendered my child to: ............. (name of agency),
..... (city and state of agency), ..... (approximate date
child surrendered).
That I placed my child by private adoption: ..... (date),
...... (city and state).
Name of adoptive parents, if known: ......
Other identifying information: .....
........................

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(Signature of parent)
............ ........................
(date) (printed name of parent)
(b) The form of the Adopted Person Registration
Identification shall be substantially as follows:
ADOPTED PERSON
REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Adopted Person's present name: ..... (first) .....
(middle) ..... (last).
Adopted Person's name at birth (if known): ..... (first)
..... (middle) ..... (last), ..... (birth date), .....
(city and state of birth), ...... (sex), ..... (race).
Name of adoptive father: ..... (first) ..... (middle) .....
(last), ..... (race).
Maiden name of adoptive mother: ..... (first) .....
(middle) ..... (last), ..... (race).
Name of birth mother (if known): ..... (first) .....
(middle) ..... (last), ..... (race).
Name of birth father (if known): ..... (first) .....
(middle) ..... (last), ..... (race).
Name(s) at birth of sibling(s) having a common birth parent
with adoptee (if known): ..... (first) ..... (middle)
..... (last), ..... (race), and name of common birth

HB5428 Enrolled - 41 - LRB096 17882 AJO 33250 b
parent: ..... (first) ..... (middle) ..... (last),
..... (race).
I was adopted through: ..... (name of agency).
I was adopted privately: ..... (state "yes" if known).
I was adopted in ..... (city and state), ..... (approximate
date).
Other identifying information: .............
......................
(signature of adoptee)
........... .........................
(date) (printed name of adoptee)
(c) The form of the Surrendered Person Registration
Identification shall be substantially as follows:
SURRENDERED PERSON REGISTRATION
IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Surrendered Person's present name: ..... (first) .....
(middle) ..... (last).
Surrendered Person's name at birth (if known): .....
(first) ..... (middle) ..... (last), .....(birth
date), ..... (city and state of birth), ...... (sex),
..... (race).
Name of guardian father: ..... (first) ..... (middle) .....
(last), ..... (race).

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Maiden name of guardian mother: ..... (first) .....
(middle) ..... (last), ..... (race).
Name of birth mother (if known): ..... (first) .....
(middle) ..... (last) ..... (race).
Name of birth father (if known): ..... (first) .....
(middle) ..... (last), .....(race).
Name(s) at birth of sibling(s) having a common birth parent
with surrendered person (if known): ..... (first)
..... (middle) ..... (last), ..... (race), and name of
common birth parent: ..... (first) ..... (middle)
..... (last), ..... (race).
I was surrendered for adoption to: ..... (name of agency).
I was surrendered for adoption in ..... (city and state), .....
(approximate date).
Other identifying information: ............
................................
(signature of surrendered person)
............ ......................
(date) (printed name of person
surrendered for adoption)
(c-3) The form of the Registration Identification Form for
Surviving Relatives of Deceased Birth Parents shall be
substantially as follows:
REGISTRATION IDENTIFICATION FORM
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS

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(Insert all known information)
I, ....., state the following:
Name of deceased birth parent at time of surrender:
Deceased birth parent's date of birth:
Deceased birth parent's date of death:
Adopted or surrendered person's name at birth (if known):
.....(first) ..... (middle) ..... (last), .....(birth
date), ..... (city and state of birth), ...... (sex),
..... (race).
My relationship to the adopted or surrendered person (check
one): (birth parent's non-surrendered child) (birth parent's
sister) (birth parent's brother).
If you are a non-surrendered child of the birth parent, provide
name(s) at birth and age(s) of non-surrendered siblings having
a common parent with the birth parent. If more than one
sibling, please give information requested below on reverse
side of this form. If you are a sibling or parent of the birth
parent, provide name(s) at birth and age(s) of the sibling(s)
of the birth parent. If more than one sibling, please give
information requested below on reverse side of this form.
Name (First) ..... (middle) ..... (last), .....(birth
date), ..... (city and state of birth), ...... (sex),
..... (race).
Name(s) of common parent(s) (first) ..... (middle) .....
(last), .....(race), (first) ..... (middle) .....

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(last), .....(race).
My birth sibling/child of my brother/child of my sister/ was
surrendered for adoption to ..... (name of agency) City and
state of agency ..... Date .....(approximate) Other
identifying information ..... (Please note that you must: (i)
be at least 21 years of age to register; (ii) submit with your
registration a certified copy of the birth parent's birth
certificate; (iii) submit a certified copy of the birth
parent's death certificate; and (iv) if you are a
non-surrendered birth sibling or a sibling of the deceased
birth parent, also submit a certified copy of your birth
certificate with this registration. No application from a
surviving relative of a deceased birth parent can be accepted
if the birth parent filed a Denial of Information Exchange
prior to his or her death.)
................................
(signature of birth parent's surviving relative)
............ ............
(date) (printed name of birth
parent's surviving relative)
(c-5) The form of the Registration Identification Form for
Surviving Relatives of Deceased Adopted or Surrendered Persons
shall be substantially as follows:
REGISTRATION IDENTIFICATION FORM FOR

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SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
(Insert all known information)
I, ....., state the following:
Adopted or surrendered person's name at birth (if known):
(first) ..... (middle) ..... (last), .....(birth
date), ..... (city and state of birth), ...... (sex),
..... (race).
Adopted or surrendered person's date of death:
My relationship to the deceased adopted or surrendered
person(check one): (adoptive mother) (adoptive father) (adult
child) (surviving spouse).
If you are an adult child or surviving spouse of the adopted or
surrendered person, provide name(s) at birth and age(s) of the
children of the adopted or surrendered person. If the adopted
or surrendered person had more than one child, please give
information requested below on reverse side of this form.
Name (first) ..... (middle) ..... (last), .....(birth
date), ..... (city and state of birth), ...... (sex),
..... (race).
Name(s) of common parent(s) (first) ..... (middle) .....
(last), .....(race), (first) ..... (middle) .....
(last), .....(race).
My child/parent/deceased spouse was surrendered for
adoption to .....(name of agency) City and state of agency
..... Date ..... (approximate) Other identifying
information ..... (Please note that you must: (i) be at

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least 21 years of age to register; (ii) submit with your
registration a certified copy of the adopted or surrendered
person's death certificate; (iii) if you are the child of a
deceased adopted or surrendered person, also submit a
certified copy of your birth certificate with this
registration; and (iv) if you are the surviving wife or
husband of a deceased adopted or surrendered person, also
submit a copy of your marriage certificate with this
registration. No application from a surviving relative of a
deceased adopted or surrendered person can be accepted if
the adopted or surrendered person filed a Denial of
Information Exchange prior to his or her death.)
................................
(signature of adopted or surrendered person's surviving
relative)
............ ............
(date) (printed name of adopted
person's surviving relative)
(d) The form of the Information Exchange Authorization
shall be substantially as follows:
INFORMATION EXCHANGE AUTHORIZATION
I, ....., state that I am the person who completed the
Registration Identification; that I am of the age of .....

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years; that I hereby authorize the Department of Public Health
to give to the following person(s) (birth mother ) (birth
father) (birth sibling) (adopted or surrendered person )
(adoptive mother) (adoptive father) (legal guardian of an
adopted or surrendered person) (birth aunt) (birth uncle)
(adult child of a deceased adopted or surrendered person)
(surviving spouse of a deceased adopted or surrendered person)
(all eligible relatives) the following (please check the
information authorized for exchange):
[ ] 1. Only my name and last known address.
[ ] 2. A copy of my Illinois Adoption Registry
Application.
[ ] 3. A copy of the adopted or surrendered person's
original certificate of live birth (check only if you are
an adopted or surrendered person or the surviving adult
child or surviving spouse of a deceased adopted or
surrendered person).
[ ] 4. A copy of my completed medical questionnaire.
I am fully aware that I can only be supplied with
information about an individual or individuals who have duly
executed an Information Exchange Authorization that has not
been revoked or, if I am an adopted or surrendered person, from
a birth parent who completed a Birth Parent Preference Form and
did not prohibit the release of his or her identity to me; that
I can be contacted by writing to: ..... (own name or name of
person to contact) (address) (phone number).

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NOTE: New IARMIE registrants who do not complete a Medical
Information Exchange Questionnaire and release a copy of their
questionnaire to at least one Registry applicant must pay a $15
registration fee.
Dated (insert date).
..............
(signature)
(e) The form of the Denial of Information Exchange shall be
substantially as follows:
DENIAL OF INFORMATION EXCHANGE
I, ....., state that I am the person who completed the
Registration Identification; that I am of the age of .....
years; that I hereby instruct the Department of Public Health
not to give any identifying information about me to the
following person(s) (birth mother) (birth father) (birth
sibling)(adopted or surrendered person)(adoptive mother)
(adoptive father)(legal guardian of an adopted or surrendered
person)(birth aunt)(birth uncle)(adult child of a deceased
adopted or surrendered person) (surviving spouse of a deceased
adopted or surrendered person) (all eligible relatives).
IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER
JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH
PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH
CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH
PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING

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INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT
ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT
PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A
BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH
OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING
INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN
ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT
CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED
PERSON.
I do/do not (circle appropriate response) authorize the
Registry to release a copy of my completed Medical Information
Exchange Questionnaire to qualified Registry applicants. NOTE:
New IARMIE registrants who do not complete a Medical
Information Exchange Questionnaire and release a copy of their
questionnaire to at least one Registry applicant must pay a $15
registration fee. Birth parents filing a Denial of Information
Exchange are advised that, under Illinois law, an adult adopted
person may initiate a search for a birth parent who has filed a
Denial of Information Exchange through the State confidential
intermediary program once 5 years have elapsed since the filing
of the Denial of Information Exchange ; that I do not wish to be
contacted.
Dated (insert date).
...............
(signature)

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(f) The form of the Birth Parent Preference Form shall be
substantially as follows:
In recognition of the basic right of all persons to access
their birth records, Illinois law now provides for the release
of original birth certificates to adopted and surrendered
persons 21 years of age or older upon request. While many birth
parents are comfortable sharing their identities or initiating
contact with their birth sons and daughters once they have
reached adulthood, Illinois law also recognizes that there may
be unique situations where a birth parent might have a
compelling reason for not wishing to establish contact with a
birth son or daughter or for not wishing to release identifying
information that appears on the original birth certificate of a
birth son or daughter who has reached adulthood. The Illinois
Adoption Registry and Medical Information Exchange (IARMIE)
has therefore established this form to allow birth parents
whose birth son or daughter was born on or after January 1,
1946, to express their wishes regarding contact and the sharing
of identifying information listed on the original birth
certificate with an adult adopted or surrendered person who has
reached the age of 21.
In selecting one of the 5 options below, birth parents
should keep in mind that the decision to deny an adult adopted
or surrendered person access to identifying information on his
or her original birth record and/or information about
genetically-transmitted diseases is an important one that can

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impact the adopted or surrendered person's life in many ways. A
request for anonymity on this form only pertains to information
that is provided to an adult adopted or surrendered person or
his or her surviving relatives through the Registry and does
not prevent the disclosure of identifying information that may
be available to the adoptee through his or her adoptive parents
and/or other means available to him or her. Birth parents who
would prefer not to be contacted by their surrendered son or
daughter are strongly urged to complete both the
Non-Identifying Information Section included on the final page
of this document and the Medical Questionnaire in order to
provide their surrendered son or daughter with the background
information their surrendered son or daughter may need to
better understand himself or herself and his or her origins.
Furthermore, birth parents whose surrendered son or daughter is
under 21 years of age at the time of completion of this form
are reminded that, since no original birth certificates are
released by the IARMIE before an adoptee has reached the age of
21, and birth parents are encouraged to take as much time as
they need to weigh the options available to them before
completing this form. Should you need additional assistance in
completing this form, please contact the agency that handled
the adoption, if applicable, or the Illinois Adoption Registry
and Medical Information Exchange at 217-557-5159.
After careful consideration, I, (insert your name) ......,
have made the following decision regarding contact with my

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birth son/birth daughter, (insert birth son's/birth daughter's
name at birth, if applicable) ......, who was born in (insert
city/town of birth) ...... on (insert date of birth)...... and
the release of my identifying information as it appears on
his/her original birth certificate when he/she reaches the age
of 21, and I have chosen Option ...... (insert A, B, C, D, or E,
as applicable). I realize that this form must be accompanied by
a completed IARMIE application form as well as a Medical
Information Exchange Questionnaire or the $15 registration
fee. I am also aware that I may revoke this decision at any
time by completing a new Birth Parent Preference Form and
filing it with the IARMIE. I understand that it is my
responsibility to update the IARMIE with any changes to contact
information provided below. I also understand that, while
preferences regarding the release of identifying information
through the Registry are binding unless the law should change
in the future, any selection I have made regarding my preferred
method of contact is not.
.............................................................
(Signature/Date)
(Please insert your signature and today's date above, as well
as under your chosen option, A, B, C, D, or E below.)
Option A. I agree to the release of my identifying information
as it appears on my birth son's/birth daughter's original birth

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certificate, would welcome direct contact with my birth
son/birth daughter when he or she has reached the age of 21 and
I wish to be contacted at the following mailing address, email
address or phone number:
.............................................................
.............................................................
.............................................................
.............................................................
(Signature/Date)
Option B. I agree to the release of my identifying information
as it appears on my birth son's/birth daughter's original birth
certificate, would welcome contact with my birth son/birth
daughter when he or she has reached the age of 21, but I would
prefer to be contacted through the following person. (Insert
name and mailing address, email address or phone number of
chosen contact person.)
.............................................................
.............................................................
(Signature/Date)
Option C. I agree to the release of my name as it appears on my
birth son's/birth daughter's original birth certificate, would
welcome contact with my birth son/birth daughter when he or she
has reached the age of 21, but I would prefer to be contacted
through the Illinois confidential intermediary program (please

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call 800-526-9022 for additional information) or through the
agency that handled the adoption. (Insert agency name, address
and phone number, if applicable.)
.............................................................
.............................................................
(Signature/Date)
Option D. I agree to the release of my name as it appears on my
birth son's/birth daughter's original birth certificate, but I
would prefer not to be contacted by my birth son/birth daughter
when he or she has reached the age of 21.
.............................................................
(Signature/Date)
Option E. I wish to prohibit the release of my (circle ALL
applicable options) first name, last name, last known address,
birth son/birth daughter's last name (if last name listed is
same as mine), as they appear on my birth son's/birth
daughter's original birth certificate and do not wish to be
contacted by my birth son/birth daughter when he or she has
reached the age of 21. If there were any special circumstances
that played a role in your decision to remain anonymous which
you would like to share with your birth son/birth daughter,
please list them in the space provided below (optional).
.............................................................
.............................................................

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I understand that, although I have chosen to prohibit the
release of my identity on the copy of the original birth
certificate released to my birth son/birth daughter, he or she
may request that a court-appointed confidential intermediary
contact me to request updated medical information and/or
confirm my desire to remain anonymous once 5 years have elapsed
since the signing of this form; at the time of this subsequent
search, I wish to be contacted through the person named below.
(Insert in blank area below the name and phone number of the
contact person, or leave it blank if you wish to be contacted
directly.) I also understand that this request for anonymity
shall expire upon my death.
.............................................................
.............................................................
(Signature/Date)
NOTE: A copy of this form will be forwarded to your birth son
or daughter should he or she file a request for his or her
original birth certificate with the IARMIE. However, if you
have selected Option E, identifying information, per your
specifications above, will be deleted from the copy of this
form forwarded to your birth son or daughter during your
lifetime. In the event that an adopted or surrendered person is
deceased, his or her surviving adult children may request a
copy of the adopted or surrendered person's original birth
certificate providing they have registered with the IARMIE; the

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copy of this form and the non-certified copy of the original
birth certificate forwarded to the surviving child of the
adopted or surrendered person shall be redacted per your
specifications on this form during your lifetime.
Non-Identifying Information Section
I wish to voluntarily provide the following non-identifying
information to my surrendered son or daughter:
My age at the time of my child's birth was .........
My race is best described as: ..........................
My height is: .........
My body type is best described as (circle one): slim, average,
muscular, a few extra pounds, or more than a few extra pounds.
My natural hair color is/was: ..................
My eye color is: ..................
My religion is best described as: ..................
My ethnic background is best described as: ..................
My educational level is closest to (circle applicable
response): completed elementary school, graduated from
high school, attended college, earned bachelor's degree,
earned master's degree, earned doctoral degree.
My occupation is best described as ..................
My hobbies include ..................
My interests include ..................
My talents include ..................
In addition to my surrendered son or daughter, I also
am the biological parent of (insert number) ....... boys and

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(insert number) ....... girls, of whom (insert number) .......
are still living.
The relationship between me and my child's birth mother/birth
father would best be described as (circle appropriate
response): husband and wife, ex-spouses, boyfriend and
girlfriend, casual acquaintances, other (please specify)
..............
(g) The form of the Request for a Non-Certified Copy of an
Original Birth Certificate shall be substantially as follows:
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
CERTIFICATE
I, (requesting party's full name) ....., hereby request a
non-certified copy of (check appropriate option) ..... my
original birth certificate ..... the original birth
certificate of my deceased adopted or surrendered parent .....
the original birth certificate of my deceased adopted or
surrendered spouse (insert deceased parent's/deceased spouse's
name at adoption) ...... I/my deceased parent/my deceased
spouse was born in (insert city and county of adopted or
surrendered person's birth) ..... on ..... (insert adopted or
surrendered person's date of birth). In the event that one or
both of my/my deceased parent's/my deceased spouse's birth
parents has requested that their identity not be released to
me/to my deceased parent/to my deceased spouse, I wish to
(check appropriate option) ..... a. receive a non-certified
copy of the original birth certificate from which identifying

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information pertaining to the birth parent who requested
anonymity has been deleted; or ..... b. I do not wish to
received an altered copy of the original birth certificate.
Dated (insert date).
...................
(signature)
(h) Any (f) The Information Exchange Authorization, and the
Denial of Information Exchange, or Birth Parent Preference Form
filed with the Registry, or Request for a Non-Certified Copy of
an Original Birth Certificate filed with the Registry by a
surviving adult child or surviving spouse of a deceased adopted
or surrendered person, shall be acknowledged by the person who
filed it birth parent, birth sibling, adopted or surrendered
person, adoptive parent, or legal guardian before a notary
public, in form substantially as follows:
State of ..............
County of .............
I, a Notary Public, in and for the said County, in the
State aforesaid, do hereby certify that ...............
personally known to me to be the same person whose name is
subscribed to the foregoing certificate of acknowledgement,
appeared before me in person and acknowledged that (he or she)
signed such certificate as (his or her) free and voluntary act
and that the statements in such certificate are true.
Given under my hand and notarial seal on (insert date).

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.........................
(signature)
(i) (g) When the execution of an Information Exchange
Authorization, or a Denial of Information Exchange, or Birth
Parent Preference Form or Request for a Non-Certified Copy of
an Original Birth Certificate completed by a surviving adult
child or surviving spouse of a deceased adopted or surrendered
person is acknowledged before a representative of an agency,
such representative shall have his signature on said
Certificate acknowledged before a notary public, in form
substantially as follows:
State of..........
County of.........
I, a Notary Public, in and for the said County, in the
State aforesaid, do hereby certify that ..... personally known
to me to be the same person whose name is subscribed to the
foregoing certificate of acknowledgement, appeared before me
in person and acknowledged that (he or she) signed such
certificate as (his or her) free and voluntary act and that the
statements in such certificate are true.
Given under my hand and notarial seal on (insert date).
.......................
(signature)
(j) (h) When an Illinois Adoption Registry Application,

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Information Exchange Authorization, or a Denial of Information
Exchange, Birth Parent Preference Form, or Request for a
Non-Certified Copy of an Original Birth Certificate completed
by a surviving adult child or surviving spouse of a deceased
adopted or surrendered person is executed in a foreign country,
the execution of such document shall be acknowledged or
affirmed before an officer of the United States consular
services.
(k) (i) If the person signing an Information Exchange
Authorization, or a Denial of Information, Birth Parent
Preference Form, or Request for a Non-Certified Copy of an
Original Birth Certificate completed by a surviving adult child
or surviving spouse of a deceased adopted or surrendered person
is in the military service of the United States, the execution
of such document may be acknowledged before a commissioned
officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by
such other procedure as is then in effect for such division or
branch of the armed forces.
(l) An adopted or surrendered person who completes a
Request For a Non-Certified Copy of the Original Birth
Certificate shall meet the same filing requirements and pay the
same filing fees as a non-adopted person seeking to obtain a
copy of his or her original birth certificate.
(j) The Department shall modify these forms as necessary to
implement the provisions of this amendatory Act of 1999

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including creating Registration Identification Forms for
non-surrendered birth siblings, adoptive parents and legal
guardians.
(Source: P.A. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06.)
(750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
Sec. 18.3. (a) The agency, Department of Children and
Family Services, Court Supportive Services, Juvenile Division
of the Circuit Court, and any other party to the surrender of a
child for adoption or in an adoption proceeding shall inform
obtain from any birth parent or parents relinquishing giving up
a child for purposes of adoption after the effective date of
this Act of the opportunity to register with the Illinois
Adoption Registry and Medical Information Exchange and to
utilize the Illinois confidential intermediary program and
shall obtain a written confirmation that acknowledges the birth
parent's receipt of such information. a written statement which
indicates: (1) a desire to have identifying information shared
with the adopted or surrendered person at a later date; (2) a
desire not to have identifying information revealed; or (3)
that no decision is made at that time. In addition, the agency,
Department of Children and Family Services, Court Supportive
Services, Juvenile Division of the Circuit Court, and any other
organization involved in the surrender of a child for adoption
in an adoption proceeding shall inform the birth parent or
parents of a child born, adopted or surrendered in Illinois of

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the existence of the Illinois Adoption Registry and Medical
Information Exchange and provide them with the necessary
application forms and if requested, assistance with completing
the forms.
(b) When the written statement is signed, the birth parent
or parents shall be informed in writing that their decision
regarding the sharing of identifying information can be made or
changed by such birth parent or parents at any future date.
(c) The birth parent shall be informed in writing that if
contact or exchange of identifying sharing of identifying
information with the adult adopted or surrendered person is to
occur, that adult adopted or surrendered person he or she must
be 21 years of age or over.
(d) If the birth parent or parents indicate a desire to
share identifying information with the adopted or surrendered
person, the birth parent shall complete an Information Exchange
Authorization.
(e) Any birth parent or parents requesting that no
identifying information be revealed to the adopted or
surrendered person shall be informed that such request will be
conveyed to the adopted or surrendered person if he or she
requests such information; and such identifying information
shall not be revealed.
(f) Any adopted or surrendered person 21 years of age or
over may also indicate in writing his or her desire or lack of
desire to share identifying information with the birth parent

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or parents or with one or more of his or her birth relatives.
Any adopted or surrendered person requesting that no
identifying information be revealed to the birth parent or to
one or more of his or her birth relatives shall be informed
that such request shall be conveyed to the birth parent or
birth relative if he or she requests such information; and such
identifying information shall not be revealed.
(b) (g) Any birth parent, birth sibling, adopted or
surrendered person, adoptive parent, or legal guardian
indicating their desire to receive identifying or medical
information shall be informed of the existence of the Registry
and assistance shall be given to such person to legally record
his or her name with the Registry.
(c) (h) The agency, Department of Children and Family
Services, Court Supportive Services, Juvenile Division of the
Circuit Court, and any other organization involved in the
surrender of a child for adoption in an adoption proceeding
which has written statements from an adopted or surrendered
person and the birth parent or a birth sibling indicating a
desire to share receive identifying information or establish
contact shall supply such information to the mutually
consenting parties, except that no identifying information
shall be supplied to consenting birth siblings if any such
sibling is under 21 years of age. However, both the Registry
having an Information Exchange Authorization and the
organization having a written statement requesting the sharing

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of identifying information or contact shall communicate with
each other to determine if the adopted or surrendered person or
the birth parent or birth sibling has signed a form at a later
date indicating a change in his or her desires regarding the
sharing of information or contact. The agreement of the birth
parent shall be binding.
(d) (i) On and after January 1, 2000, any licensed child
welfare agency which provides post-adoption search assistance
to adoptive parents, adopted persons, surrendered persons,
birth parents, or other birth relatives shall require that any
person requesting post-adoption search assistance complete an
Illinois Adoption Registry Application prior to the
commencement of the search.
(Source: P.A. 94-173, eff. 1-1-06.)
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes. Notwithstanding any other provision
of this Act, any adopted or surrendered person 21 years of age
or over, any adoptive parent or legal guardian of an adopted or
surrendered person under the age of 21, or any birth parent of
an adopted or surrendered person who is 21 years of age or over
may petition the court in any county in the State of Illinois
for appointment of a confidential intermediary as provided in
this Section for the purpose of exchanging medical information
with one or more mutually consenting biological relatives,

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obtaining identifying information about one or more mutually
consenting biological relatives, or arranging contact with one
or more mutually consenting biological relatives.
Additionally, in cases where an adopted or surrendered person
is deceased, an adult child of the adopted or surrendered
person or his or her adoptive parents or surviving spouse may
file a petition under this Section and in cases where the birth
parent is deceased, an adult birth sibling of the adopted or
surrendered person or of the deceased birth parent may file a
petition under this Section for the purpose of exchanging
medical information with one or more mutually consenting
biological relatives of the adopted or surrendered person,
obtaining identifying information about one or more mutually
consenting biological relatives of the adopted or surrendered
person, or arranging contact with one or more mutually
consenting biological relatives of the adopted or surrendered
person. Beginning January 1, 2006, any adopted or surrendered
person 21 years of age or over; any adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21; any birth parent, birth sibling, birth aunt, or birth uncle
of an adopted or surrendered person over the age of 21; any
surviving child, adoptive parent, or surviving spouse of a
deceased adopted or surrendered 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

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Information Exchange.
(b) Petition. Upon petition by an adopted or surrendered
person 21 years of age or over (an "adult adopted or
surrendered person"), an adoptive parent or legal guardian of
an adopted or surrendered person under the age of 21, or a
birth parent of an adopted or surrendered person who is 21
years of age or over, the court shall appoint a confidential
intermediary. Upon petition by an adult child, adoptive parent
or surviving spouse of an adopted or surrendered person who is
deceased, by an adult birth sibling of an adopted or
surrendered person whose common birth parent is deceased and
whose adopted or surrendered birth sibling is 21 years of age
or over, or by an adult sibling of a birth parent who is
deceased, and whose surrendered child is 21 years of age or
over, the court may appoint a confidential intermediary if the
court finds that the disclosure is of greater benefit than
nondisclosure. The petition shall state which biological
relative or relatives are being sought and shall indicate if
the petitioner wants to do any one or more of the following:
exchange medical information with the biological relative or
relatives, obtain identifying information from the biological
relative or relatives, or to arrange contact with the
biological relative.
(c) Order. The order appointing the confidential
intermediary shall allow that intermediary to conduct a search
for the sought-after relative by accessing those records

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described in subsection (g) of this Section.
(d) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the
petitioner's payment of the intermediary's fees and expenses in
advance of the commencement of the work of the confidential
intermediary. However, no fee shall be charged if the
petitioner is an adult adopted or surrendered person and the
sought-after relative is a birth parent who filed a Denial with
the Registry prior to January 1, 2011, or filed a Birth Parent
Preference Form on which Option E was selected after January 1,
2011 and more than 5 years have transpired since the birth
parent filed the Denial of Information Exchange or Birth Parent
Preference Form on which Option E was selected.
(e) Eligibility of intermediary. The court may appoint as
confidential intermediary any person certified by the
Department of Children and Family Services as qualified to
serve as a confidential intermediary. Certification shall be
dependent upon the confidential intermediary completing a
course of training including, but not limited to, applicable
federal and State privacy laws.
(f) Confidential Intermediary Council. There shall be
established under the Department of Children and Family
Services a Confidential Intermediary Advisory Council. One
member shall be an attorney representing the Attorney General's
Office appointed by the Attorney General. One member shall be a
currently certified confidential intermediary appointed by the

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Director of the Department of Children and Family Services. The
Director shall also appoint 5 additional members. When making
those appointments, the Director shall consider advocates for
adopted persons, adoptive parents, birth parents, lawyers who
represent clients in private adoptions, lawyers specializing
in privacy law, and representatives of agencies involved in
adoptions. The Director shall appoint one of the 7 members as
the chairperson. An attorney from the Department of Children
and Family Services and the person directly responsible for
administering the confidential intermediary program shall
serve as ex-officio, non-voting advisors to the Council.
Council members shall serve at the discretion of the Director
and shall receive no compensation other than reasonable
expenses approved by the Director. The Council shall meet no
less than twice yearly and shall meet at least once yearly with
the Registry Advisory Council, and shall make recommendations
to the Director regarding the development of rules, procedures,
and forms that will ensure efficient and effective operation of
the confidential intermediary process, including:
(1) Standards for certification for confidential
intermediaries.
(2) Oversight of methods used to verify that
intermediaries are complying with the appropriate laws.
(3) Training for confidential intermediaries,
including training with respect to federal and State
privacy laws.

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(4) The relationship between confidential
intermediaries and the court system, including the
development of sample orders defining the scope of the
intermediaries' access to information.
(5) Any recent violations of policy or procedures by
confidential intermediaries and remedial steps, including
decertification, to prevent future violations.
(g) Access. Subject to the limitations of subsection (i)
of this Section, the confidential intermediary shall have
access to vital records or a comparable public entity that
maintains vital records in another state in accordance with
that state's laws, maintained by the Department of Public
Health and its local designees for the maintenance of vital
records or a comparable public entity that maintains vital
records in another state in accordance with that state's laws
and all records of the court or any adoption agency, public or
private, as limited in this Section, which relate to the
adoption or the identity and location of an adopted or
surrendered person, of an adult child or surviving spouse of a
deceased adopted or surrendered person, or of a birth parent,
birth sibling, or the sibling of a deceased birth parent. The
confidential intermediary shall not have access to any personal
health information protected by the Standards for Privacy of
Individually Identifiable Health Information adopted by the
U.S. Department of Health and Human Services under the Health
Insurance Portability and Accountability Act of 1996 unless the

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confidential intermediary has obtained written consent from
the person whose information is being sought by an adult
adopted or surrendered person or, if that person is a minor
child, that person's parent or guardian. Confidential
intermediaries shall be authorized to inspect confidential
relinquishment and adoption records. The confidential
intermediary shall not be authorized to access medical records,
financial records, credit records, banking records, home
studies, attorney file records, or other personal records. In
cases where a birth parent is being sought, an adoption agency
shall inform the confidential intermediary of any statement
filed pursuant to Section 18.3, hereinafter referred to as "the
18.3 statement", indicating a desire of the surrendering birth
parent to have identifying information shared or to not have
identifying information shared. If there was a clear statement
of intent by the sought-after birth parent not to have
identifying information shared, the confidential intermediary
shall discontinue the search and inform the petitioning party
of the sought-after relative's intent unless the birth parent
filed the 18.3 statement prior to the effective date of this
amendatory Act of the 96th General Assembly and more than 5
years have elapsed since the filing of the 18.3 statement. If
the adult adopted or surrendered person is the subject of an
18.3 statement indicating a desire not to establish contact
which was filed more than 5 years prior to the search request,
the confidential intermediary shall confirm the petitioner's

HB5428 Enrolled - 71 - LRB096 17882 AJO 33250 b
desire to continue the search. Information provided to the
confidential intermediary by an adoption agency shall be
restricted to the full name, date of birth, place of birth,
last known address, last known telephone number of the
sought-after relative or, if applicable, of the children or
siblings of the sought-after relative, and the 18.3 statement.
(h) Adoption agency disclosure of medical information. If
the petitioner is an adult adopted or surrendered person or the
adoptive parent of a minor and if the petitioner has signed a
written authorization to disclose personal medical
information, an adoption agency disclosing information to a
confidential intermediary shall disclose available medical
information about the adopted or surrendered person from birth
through adoption.
(i) Duties of confidential intermediary in conducting a
search. In conducting a search under this Section, the
confidential intermediary shall first confirm that there is no
Denial of Information Exchange on file with the Illinois
Adoption Registry. If the petitioner is an adult child of an
adopted or surrendered person who is deceased, the confidential
intermediary shall additionally confirm that the adopted or
surrendered person did not file a Denial of Information
Exchange with the Illinois Adoption Registry during his or her
life. If there is a Denial on file with the Registry, the
confidential intermediary must discontinue the search unless
the petitioner is an adult adopted or surrendered person and

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the sought-after birth relative filed the Denial 5 years or
more prior to the search or the birth parent has not been the
object of a search through the State confidential intermediary
program for 10 or more years. If the petitioner is an adult
adopted or surrendered person and there is a Birth Parent
Preference Form on file with the Registry and the birth parent
who completed the form selected Option E, the confidential
intermediary must discontinue the search unless 5 years or more
have elapsed since the filing of the Birth Parent Preference
Form. If the petitioner is an adult birth sibling of an adopted
or surrendered person or an adult sibling of a birth parent who
is deceased, the confidential intermediary shall additionally
confirm that the birth parent did not file a Denial of
Information Exchange with the Registry during his or her life.
If the confidential intermediary learns that a sought-after
birth parent signed an 18.3 a statement indicating his or her
intent not to have identifying information shared, and did not
later file an Information Exchange Authorization or a Birth
Parent Preference Form with the Adoption Registry, the
confidential intermediary shall discontinue the search and
inform the petitioning party of the birth parent's intent,
unless the petitioner is an adult adopted or surrendered person
and 5 years or more have elapsed since the birth parent signed
the statement indicating his or her intent not to have
identifying information shared. In cases where the birth parent
filed a Denial of Information Exchange or Birth Parent

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Preference Form where Option E was selected, or statement
indicating his or her intent not to have identifying
information shared less than 5 years prior to the search
request and the petitioner is an adult adopted or surrendered
person, the confidential intermediary shall inform the
petitioner of the need to discontinue the search until 5 years
have elapsed since the Denial of Information Exchange or Birth
Parent Preference Form where Option E was selected, or
statement was filed; in cases where a birth parent was
previously the subject of a search through the State
confidential intermediary program, the confidential
intermediary shall inform the petitioner of the need to
discontinue the search until 10 years or more have elapsed
since the initial search was closed. In cases where a birth
parent has been the object of 2 searches through the State
confidential intermediary program, no subsequent search for
the birth parent shall be authorized absent a court order to
the contrary.
In conducting a search under this Section, the confidential
intermediary shall attempt to locate the relative or relatives
from whom the petitioner has requested information. If the
sought-after relative is deceased or cannot be located after a
diligent search, the confidential intermediary may contact
other adult relatives of the sought-after relative.
The confidential intermediary shall contact a sought-after
relative on behalf of the petitioner in a manner that respects

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the sought-after relative's privacy and shall inform the
sought-after relative of the petitioner's request for medical
information, identifying information or contact as stated in
the petition. Based upon the terms of the petitioner's request,
the confidential intermediary shall contact a sought-after
relative on behalf of the petitioner and inform the
sought-after relative of the following options:
(1) The sought-after relative may totally reject one or
all of the requests for medical information, identifying
information or contact. The sought-after relative shall be
informed that they can provide a medical questionnaire to
be forwarded to the petitioner without releasing any
identifying information. The confidential intermediary
shall inform the petitioner of the sought-after relative's
decision to reject the sharing of information or contact.
(2) The sought-after relative may consent to
completing a medical questionnaire only. In this case, the
confidential intermediary shall provide the questionnaire
and ask the sought-after relative to complete it. The
confidential intermediary shall forward the completed
questionnaire to the petitioner and inform the petitioner
of the sought-after relative's desire to not provide any
additional information.
(3) The sought-after relative may communicate with the
petitioner without having his or her identity disclosed. In
this case, the confidential intermediary shall arrange the

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desired communication in a manner that protects the
identity of the sought-after relative. The confidential
intermediary shall inform the petitioner of the
sought-after relative's decision to communicate but not
disclose his or her identity.
(4) The sought after relative may consent to initiate
contact with the petitioner. If both the petitioner and the
sought-after relative or relatives are eligible to
register with the Illinois Adoption Registry, the
confidential intermediary shall provide the necessary
application forms and request that the sought-after
relative register with the Illinois Adoption Registry. If
either the petitioner or the sought-after relative or
relatives are ineligible to register with the Illinois
Adoption Registry, the confidential intermediary shall
obtain written consents from both parties that they wish to
disclose their identities to each other and to have contact
with each other.
(j) Oath. The confidential intermediary shall sign an oath
of confidentiality substantially as follows: "I, ..........,
being duly sworn, on oath depose and say: As a condition of
appointment as a confidential intermediary, I affirm that:
(1) I will not disclose to the petitioner, directly or
indirectly, any confidential information except in a
manner consistent with the law.
(2) I recognize that violation of this oath subjects me

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to civil liability and to a potential finding of contempt
of court. ................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
date)
................................."
(k) Sanctions.
(1) Any confidential intermediary who improperly
discloses confidential information identifying a
sought-after relative shall be liable to the sought-after
relative for damages and may also be found in contempt of
court.
(2) Any person who learns a sought-after relative's
identity, directly or indirectly, through the use of
procedures provided in this Section and who improperly
discloses information identifying the sought-after
relative shall be liable to the sought-after relative for
actual damages plus minimum punitive damages of $10,000.
(3) The Department shall fine any confidential
intermediary who improperly discloses confidential
information in violation of item (1) or (2) of this
subsection (k) an amount up to $2,000 per improper
disclosure. This fine does not affect civil liability under
item (2) of this subsection (k). The Department shall
deposit all fines and penalties collected under this
Section into the Illinois Adoption Registry and Medical
Information Fund.

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(l) Death of person being sought. Notwithstanding any other
provision of this Act, if the confidential intermediary
discovers that the person being sought has died, he or she
shall report this fact to the court, along with a copy of the
death certificate. If the sought-after relative is a birth
parent, the confidential intermediary shall also forward a copy
of the birth parent's death certificate, if available, to the
Registry for inclusion in the Registry file.
(m) Any confidential information obtained by the
confidential intermediary during the course of his or her
search shall be kept strictly confidential and shall be used
for the purpose of arranging contact between the petitioner and
the sought-after birth relative. At the time the case is
closed, all identifying information shall be returned to the
court for inclusion in the impounded adoption file.
(n) If the petitioner is an adopted or surrendered person
21 years of age or over or the adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21, any non-identifying information, as defined in Section
18.4, that is ascertained during the course of the search may
be given in writing to the petitioner at any time during the
search before the case is closed.
(o) Except as provided in subsection (k) of this Section,
no liability shall accrue to the State, any State agency, any
judge, any officer or employee of the court, any certified
confidential intermediary, or any agency designated to oversee

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confidential intermediary services for acts, omissions, or
efforts made in good faith within the scope of this Section.
(p) An adoption agency that has received a request from a
confidential intermediary for the full name, date of birth,
last known address, or last known telephone number of a
sought-after relative pursuant to subsection (g) of Section
18.3a 18.3, or for medical information regarding a sought-after
relative pursuant to subsection (h) of Section 18.3a 18.3, must
satisfactorily comply with this court order within a period of
45 days. The court shall order the adoption agency to reimburse
the petitioner in an amount equal to all payments made by the
petitioner to the confidential intermediary, and the adoption
agency shall be subject to a civil monetary penalty of $1,000
to be paid to the Department of Children and Family Services.
Following the issuance of a court order finding that the
adoption agency has not complied with Section 18.3, the
adoption agency shall be subject to a monetary penalty of $500
per day for each subsequent day of non-compliance. Proceeds
from such fines shall be utilized by the Department of Children
and Family Services to subsidize the fees of petitioners as
referenced in subsection (d) of this Section.
(q) Provide information to eligible petitioner. The
confidential intermediary may provide to eligible petitioners
as described in subsections (a) and (b) of this Section, the
name of the child welfare agency which had legal custody of the
surrendered person or responsibility for placing the

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surrendered person and any available contact information for
such agency. In addition, the confidential intermediary may
provide to such petitioners the name of the state in which the
surrender occurred or in which the adoption was finalized.
Any reimbursements and fines, notwithstanding any
reimbursement directly to the petitioner, paid under this
subsection are in addition to other remedies a court may
otherwise impose by law.
Proceeds from the penalties paid to the Department of
Children and Family Services shall be deposited into the DCFS
Children's Services Fund. The Department of Children and Family
Services shall submit reports to the Confidential Intermediary
Advisory Council by July 1 and January 1 of each year in order
to report the penalties assessed and collected under this
subsection, the amounts of related deposits into the DCFS
Children's Services Fund, and any expenditures from such
deposits.
(Source: P.A. 96-661, eff. 8-25-09.)
(750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
Sec. 18.5. Liability. No liability shall attach to the
State, any agency thereof, any licensed agency, any judge, any
officer or employee of the court, or any party or employee
thereof involved in the surrender of a child for adoption or in
an adoption proceeding for acts or efforts made within the
scope of Sections 18.05 thru 18.5, inclusive, of this Act and

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under its provisions, except for subsection (n) (f) of Section
18.1.
(Source: P.A. 91-417, eff. 1-1-00.)
(750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
Sec. 18.6. Registry fees. The Department of Public Health
shall levy a fee for each registrant under Sections 18.05
through 18.5. A $15 $40 fee shall be charged for registering
with the Illinois Adoption Registry and Medical Information
Exchange. However, this fee shall be waived for all adopted or
surrendered persons, surviving children and spouses of
deceased adopted persons, adoptive parents, legal guardians,
birth parents, and birth siblings who complete a Medical
Information Exchange Questionnaire at the time of registration
and authorize its release to specified registered parties, and
for adoptive parents registering within 12 months of the
finalization of the adoption. All persons who were registered
with the Illinois Adoption Registry prior to the effective date
of this amendatory Act of 1999 and who wish to update their
registration may do so without charge. No charge of any kind
shall be made for the withdrawal of any form provided in
Section 18.2.
(Source: P.A. 91-417, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon