Bill Text: IL SB2134 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Adoption Act. Provides that a confidential intermediary shall be permitted to access records of closed child welfare agencies that are housed in the State Central Storage, if the petitioner is an adult adopted or surrendered person, or the adoptive parent of an adult adopted person under the age of 21, or the adoptive parent of a deceased adopted or surrendered person, and the confidential intermediary may request any non-identifying information.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0252 [SB2134 Detail]

Download: Illinois-2023-SB2134-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 Section
18.3 as follows:
(750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
(Text of Section before amendment by P.A. 102-825)
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
any birth parent or parents relinquishing 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.
The birth parent shall be informed in writing that if
contact or exchange of identifying information with the adult
adopted or surrendered person is to occur, that adult adopted
or surrendered person must be 21 years of age or over except as
referenced in paragraph (d) of this Section.

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(b) 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) 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 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 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.
(d) On and after January 1, 2000, any licensed child
welfare agency which provides post-adoption search assistance

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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. However, former youth in care as
defined in Section 4d of the Children and Family Services Act
between the ages of 18 and 21 who have been surrendered or
adopted and who are seeking contact or an exchange of
information with siblings shall not be required to complete an
Illinois Adoption Registry Application prior to commencement
of the search, provided that the search is performed
consistent with applicable Sections of this Act.
(Source: P.A. 100-159, eff. 8-18-17.)
(Text of Section after amendment by P.A. 102-825)
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
any birth parent or parents relinquishing 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.

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The birth parent shall be informed in writing that if
contact or exchange of identifying information with the adult
adopted or surrendered person is to occur, that adult adopted
or surrendered person must be 21 years of age or over except as
referenced in paragraph (d) of this Section.
(b) 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) 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 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 of identifying
information or contact shall communicate with each other to
determine if the adopted or surrendered person or the birth

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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.
(d) 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. However, former youth in care as
defined in Section 4d of the Children and Family Services Act
who have been surrendered or adopted who are (i) between the
ages of 18 and 21 and who are seeking contact or an exchange of
information with siblings, birth relatives, former foster
parents, or former foster siblings or (ii) over the age of 21
who are seeking contact with former foster parents or former
foster siblings shall not be required to complete an Illinois
Adoption Registry Application prior to commencement of the
search, provided that the search is performed consistent with
applicable Sections of this Act.
(e) A confidential intermediary shall be permitted to
access records of closed child welfare agencies that are
housed in the State Central Storage, in addition to the
information allowed to be requested in paragraph (g) from
adoption agencies, if the petitioner is an adult adopted or
surrendered person, or the adoptive parent of an adult adopted

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person under the age of 21, or the adoptive parent of a
deceased adopted or surrendered person, and the confidential
intermediary may request any non-identifying information,
including any available medical information about the adopted
or surrendered person from birth through adoption, any
non-identifying information described in Section 18.4, and the
18.3 statement.
(Source: P.A. 102-825, eff. 7-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.