Bill Text: IL SB2418 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act. Requires a gamete agency, gamete bank, or fertility clinic to: collect and maintain identifying information and medical history from a donor; obtain a declaration from a donor agreeing to an identity disclosure; provide a donor-conceived person, upon request, with the identifying information of the donor; provide a donor-conceived person, or the parents of a minor donor-conceived person, upon request, nonidentifying medical history of the donor; permanently maintain other specified information; submit a proposed plan to permanently maintain records in the event of dissolution, insolvency, or bankruptcy; and comply with federal reporting requirements. Requires the Department of Public Health to develop written materials for intended recipient parents and gamete donors, which shall be provided to the intended recipient parents and gamete donors by a gamete agency, gamete bank, or fertility clinic. Provides for limitations regarding: the number of families established with gamete matches; the number of donor retrieval cycles per ovum donor; and the age of donors. On or after January 1, 2025, requires a gamete agency, gamete bank, or fertility clinic to be licensed by the Department, and includes application and renewal procedures. Requires the Department to establish a schedule of fees to meet the direct and indirect costs of administration and enforcement of the Act, including a fee for licensure, to be deposited into the Gamete Agency, Gamete Bank, or Fertility Clinic Fund. Allows the Department to issue a provisional license. Provides that it is a violation of the Act for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic without a valid license or in violation of the terms and conditions of a license. Allows the Department to revoke or refuse to renew a license or assess a civil penalty of not more than $20,000 for each day the person violates the Act. Makes conforming changes in the Freedom of Information Act, the State Finance Act, and the Illinois Parentage Act of 2015. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2418 Detail]

Download: Illinois-2023-SB2418-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2418 Introduced 2/10/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
See Index
Creates the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act. Requires a gamete agency, gamete bank, or fertility clinic to: collect and maintain identifying information and medical history from a donor; obtain a declaration from a donor agreeing to an identity disclosure; provide a donor-conceived person, upon request, with the identifying information of the donor; provide a donor-conceived person, or the parents of a minor donor-conceived person, upon request, nonidentifying medical history of the donor; permanently maintain other specified information; submit a proposed plan to permanently maintain records in the event of dissolution, insolvency, or bankruptcy; and comply with federal reporting requirements. Requires the Department of Public Health to develop written materials for intended recipient parents and gamete donors, which shall be provided to the intended recipient parents and gamete donors by a gamete agency, gamete bank, or fertility clinic. Provides for limitations regarding: the number of families established with gamete matches; the number of donor retrieval cycles per ovum donor; and the age of donors. On or after January 1, 2025, requires a gamete agency, gamete bank, or fertility clinic to be licensed by the Department, and includes application and renewal procedures. Requires the Department to establish a schedule of fees to meet the direct and indirect costs of administration and enforcement of the Act, including a fee for licensure, to be deposited into the Gamete Agency, Gamete Bank, or Fertility Clinic Fund. Allows the Department to issue a provisional license. Provides that it is a violation of the Act for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic without a valid license or in violation of the terms and conditions of a license. Allows the Department to revoke or refuse to renew a license or assess a civil penalty of not more than $20,000 for each day the person violates the Act. Makes conforming changes in the Freedom of Information Act, the State Finance Act, and the Illinois Parentage Act of 2015. Effective immediately.
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A BILL FOR
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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 1. Short title. This Act may be cited as the
Donor-Conceived Persons and Families of Donor-Conceived
Persons Protection Act.
Section 5. Legislative intent.
(a) Many Illinoisans are conceived or establish their
families through some form of assisted reproductive technology
involving a third party sperm, egg, or embryo provider, also
known as a gamete "donor", whose identity is unknown to the
family at the time of donation. A person conceived through
assisted reproduction with a donor are referred to in this Act
as a "donor-conceived person".
(b) The interests of donor-conceived persons must be
considered and protected. Information about the personal and
family medical history of the gamete donors used in conception
can impact medical care for donor-conceived persons and their
children, and nonidentifying medical information about the
gamete donor used in conception must be available to all
donor-conceived persons and their parents.
(c) It is important to many, but not all, donor-conceived
persons to know the identity of the gamete donor used in their

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conception. A donor-conceived person must have the ability to
access identifying information about the gamete donor used in
the donor-conceived person's conception on or after the
donor-conceived person reaches 18 years of age. Some
donor-conceived persons are or may be interested in contact
with the donor and among persons conceived and families
established with the same donor who was unknown to the
donor-conceived person's recipient parents at the time of
donation. A limit on the number of families per donor per
gamete agency, gamete bank, or fertility clinic furthers the
ability of these donor-conceived persons to establish this
contact.
(d) Studies have shown that family secrecy about family
formation can negatively affect children and family
relationships.
(e) Before using donated gametes, people who are
considering using donated gametes to conceive children should
have access to more information and resources about
donor-conceived persons, including tools and resources for
discussing donor conception with their children in ways that
are age-appropriate and reflect the interests and lived
experience of donor-conceived persons.
(f) Before donating gametes, gamete donors should have
access to information and resources about the interests of
donor-conceived persons and have clarity about the information
that may be shared with recipient parents and donor-conceived

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persons.
(g) The General Assembly finds that to protect the health
and welfare of donor-conceived persons and their families in
Illinois, the State has a compelling interest to enact the
Donor-Conceived Persons and Families of Donor-Conceived
Persons Protection Act to regulate the use of donated gametes
and provided by gamete agencies, gamete banks, or fertility
clinics located inside or outside of Illinois to recipients in
or residents of Illinois.
Section 10. Definitions. As used in this Act:
"Assisted reproduction" means a method of achieving a
pregnancy through an artificial insemination or embryo
transfer, including gamete and embryo donation. "Assisted
reproduction" does not include any pregnancy achieved through
sexual intercourse.
"Department" means the Department of Public Health.
"Donor" means an individual who participates in an
assisted reproductive technology arrangement by providing
gametes and relinquishes all rights and responsibilities to
the gametes so that another individual or individuals may
become the legal parent or parents of any resulting child.
"Donor" does not include a spouse in any assisted reproductive
technology arrangement in which his or her spouse will parent
any resulting child.
"Donor-conceived person" means an individual of any age

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who was born as a result of assisted reproduction using
gametes from a donor unknown to the recipient parent or
parents at the time of donation.
"Fertility clinic" means an entity or organization that
performs assisted reproduction medical procedures and receives
donor gametes for a recipient in, or who is a resident of, this
State, and the recipient and gamete donor are unknown to each
other at the time of donation.
"Gamete" means an unfertilized oocyte or sperm.
"Gamete agency" means an oocyte or sperm donor matching
agency located within or outside of this State and matches
gamete donors with recipients in, or who are residents of,
this State, and the potential recipients and gamete donors are
unknown to each other at the time of donation.
"Gamete bank" means an entity or organization that
collects gametes from a donor or receives embryos and provides
gametes or embryos to a recipient parent or parents or the
recipient parent's medical provider when the recipient and
donor are unknown to each other at the time of donation, and
that is located within or outside of this State and provides
gametes or embryos to a recipient parent or parents in, or who
are residents of, this State.
"Identifying information" means:
(1) the donor's full name;
(2) the donor's date of birth; and
(3) the donor's permanent and, if different, current

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address or other contact information at the time of the
donation, or, if different the donor's current address or
other contact information or both as retained by the
gamete agency, gamete bank, or fertility clinic.
"Matches" or "matches gametes" means the process of
matching a donor with a recipient in, or who is a resident of,
this State.
"Medical history" means information regarding any:
(1) present physical illness of the donor;
(2) past illness of the donor; and
(3) social, genetic, and family medical history
pertaining to the donor's health.
"Mental health professional" means a person who is a
licensed psychiatrist, clinical psychologist, or professional
counselor.
"Recipient" or "recipient parent" means a person who
receives donor gametes or embryos as an intended parent from a
gamete agency, gamete bank, or fertility clinic for use in
assisted reproduction for the purpose of conceiving a child.
Section 15. Collection of identifying information and
medical history; applicability.
(a) Except as provided in subsection (c), a gamete agency,
gamete bank, or fertility clinic that collects gametes from a
donor or matches a donor with a recipient shall collect the
donor's identifying information and medical history and shall

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make a good-faith effort to maintain current contact
information and updates on medical history of the donor by
requesting updates from the donor at least once every 3 years.
(b) A gamete agency, gamete bank, or fertility clinic that
receives gametes or embryos collected by a different gamete
agency, gamete bank, or fertility clinic shall collect the
name, address, telephone number, and email address of the
gamete agency, gamete bank, or fertility clinic from which it
received the gametes or embryos at the time it receives
gametes or embryos. A gamete bank or fertility clinic that
collects gametes from a donor who was matched with a recipient
by a gamete agency that is a separate entity shall collect and
maintain the name, address, telephone number, and email
address of that gamete agency.
(c) A fertility clinic that collects gametes from a donor
who was matched with a recipient by a gamete agency that is a
separate entity is not subject to the requirements of
subsection (a), but shall provide copies of any and all
medical and screening records of the donor, including the
results of genetic testing, to the gamete agency that matched
the donor.
(d) A gamete agency, gamete bank, or fertility clinic
shall disclose the information collected under subsections (a)
through (c) as required by Section 30.
(e) This Section only applies to gametes collected and
embryos formed with gametes collected by a gamete agency,

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gamete bank, or fertility clinic on or after January 1, 2025
for use by a recipient parent or parents who are unknown to the
donor at the time of the donation.
Section 20. Declaration regarding disclosure of
identifying information and medical history; applicability.
(a) Except as provided in subsection (e), a gamete agency,
gamete bank, or fertility clinic that matches or collects
gametes from a donor who is unknown to the recipient parent or
parents at the time of the donation shall:
(1) provide the donor with information about
disclosure of identifying information and medical history
in its records;
(2) obtain a declaration from the donor agreeing to
the identity disclosure described in subsection (b); and
(3) maintain identifying information and medical
history about each donor.
This information shall be maintained in a manner that
protects donor privacy consistent with applicable State and
federal laws.
(b) Except as provided in subsection (e), a gamete agency,
gamete bank, or fertility clinic shall have each donor sign a
declaration, attested by a notarial officer or witnesses, that
the donor agrees to the disclosure of the donor's identity to a
donor-conceived person conceived with the donor's gametes or
embryo formed with the donor's gametes on request of the

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donor-conceived person after the donor-conceived person is 18
years of age or older.
(c) A gamete agency, gamete bank, or fertility clinic
located in this State shall not match or collect gametes from a
donor who does not agree to the disclosure of the donor's
identity as set forth in subsection (b).
(d) A gamete agency, gamete bank, or fertility clinic
located outside of this State shall not match or provide
gametes from a donor who does not agree to the disclosure of
the donor's identity as set forth in subsection (b) to a
recipient parent or parents located in, or who are residents
of, this State.
(e) A gamete bank or fertility clinic that collects
gametes from a donor who was matched with a recipient by a
gamete agency that is a separate entity is not subject to the
requirements of subsection (a) or (b).
(f) This Section applies only to gametes collected and
embryos formed with gametes collected by a gamete agency,
gamete bank, or fertility clinic on or after January 1, 2025,
for use by a recipient parent or parents who are unknown to the
donor at the time of the donation.
Section 25. Disclosure of identifying information and
medical history; applicability.
(a) Except as provided in subsection (d), upon the request
of a donor-conceived person who is 18 years of age or older, a

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gamete agency, gamete bank, or fertility clinic that matched
or collected the gametes used in the assisted reproduction of
such donor-conceived person shall provide the donor-conceived
person with the identifying information of the donor who
provided the gametes or embryo. A gamete agency, gamete bank,
or fertility clinic shall not impede or prohibit compliance
with this Section or communication between:
(1) an adult donor-conceived person and the donor
whose gametes were used to conceive the donor-conceived
person; or
(2) an adult donor-conceived person and the adult
donor-conceived person's friends, family, or other third
parties about the donor whose gametes were used to
conceive the donor-conceived person.
(b) Except as provided in subsection (d), upon the request
of a donor-conceived person who is 18 years of age or older,
or, if the donor-conceived person is a minor, by a parent or
guardian of the minor donor-conceived person, a gamete agency,
gamete bank, or fertility clinic that matched or collected the
gametes used in the assisted reproduction, regardless of
whether the gamete agency, gamete bank, or fertility clinic
performed the assisted reproduction, shall provide the
donor-conceived person, or, if the donor-conceived person is a
minor, the parent or guardian of the minor donor-conceived
person, access to any nonidentifying medical history of the
donor that is maintained by the gamete agency, gamete bank, or

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fertility clinic.
(c) Upon the request of a donor-conceived person who is 18
years of age or older, or, if the donor-conceived person is a
minor, a parent or guardian of the minor donor-conceived
person:
(1) A gamete agency, gamete bank, or fertility clinic
that received the gametes or embryo used in the assisted
reproduction from another gamete agency, gamete bank, or
fertility clinic shall disclose the name, address,
telephone number, and email address of the gamete agency,
gamete bank, or fertility clinic from which it received
the gametes or embryo.
(2) A gamete bank or fertility clinic that collected
gametes from a donor who was matched with a recipient by a
gamete agency that is a separate entity shall disclose the
name, address, telephone number, and email address of the
gamete agency that matched the donor and the recipient.
(d) A gamete bank or fertility clinic that collects
gametes from a donor who was matched with a recipient by a
gamete agency that is a separate entity is not subject to the
requirements of subsection (a) or (b).
(e) Subsections (a) and (b) apply only to gametes
collected and embryos formed with gametes collected by a
gamete agency, gamete bank, or fertility clinic on or after
January 1, 2025, for use by a recipient parent or parents who
are unknown to the donor at the time of the donation.

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Subsection (c) applies only to gametes or embryos received by
a gamete agency, gamete bank, or fertility clinic on or after
July 1, 2024.
Section 30. Recordkeeping; successor recordkeeper;
applicability.
(a) Except as provided in subsection (f), a gamete agency,
gamete bank, or fertility clinic shall permanently maintain:
(1) identifying information and medical history for
each donor with which it matches or from which it collects
gametes for use by a recipient parent or parents who are
unknown to the donor at the time of the donation;
(2) information about the number of families
established with each donor's gametes and the efforts of
the gamete agency, gamete bank, or fertility clinic to
obtain that information under Section 40; and
(3) records of gamete screening and testing.
(b) A gamete agency, gamete bank, or fertility clinic that
receives gametes or embryos from another gamete agency, gamete
bank, or fertility clinic shall permanently maintain the name,
address, telephone number, and email address of the gamete
agency, gamete bank, or fertility clinic from which it
received the gametes or embryos. A gamete bank or fertility
clinic that collected gametes from a donor who was matched
with a recipient by a gamete agency that is a separate entity
shall permanently maintain the name, address, telephone

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number, and email address of the gamete agency that matched
the donor and the recipient.
(c) Except as provided in subsection (f), in its
application for a license under Section 45, a gamete agency,
gamete bank, or fertility clinic shall submit a proposed plan
to permanently maintain the records described in subsections
(a) and (b) in the event of dissolution, insolvency, or
bankruptcy. The plan may include identification of a named
entity to receive or maintain the records, obtaining a surety
bond in favor of a third party in an amount sufficient to cover
the costs of permanent recordkeeping, an obligation to
condition any sale on the acquiring entity's obligation to
maintain records consistent with this Section, or similar
methods. The Department shall not issue a license under
Section 45 until it approves a plan that it finds sufficient to
ensure that the records will be permanently maintained by a
viable entity.
(d) Except as provided in subsection (f), upon
dissolution, insolvency, or bankruptcy, a gamete agency,
gamete bank, or fertility clinic shall:
(1) implement the plan approved by the Department
pursuant to subsection (c);
(2) file with the Department a statement providing the
name and contact information of the successor entity, if
any, that will receive and maintain the records described
in subsections (a) and (b); and

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(3) inform by mail and email sent to the last known
address on file all gamete donors whose gametes were
collected, matched, or received by the gamete agency,
gamete bank, or fertility clinic, as well as recipient
parents who received gametes or embryos from the gamete
agency, gamete bank, or fertility clinic and reported a
pregnancy or live birth, the name and contact information
of the successor entity that will receive and maintain the
records described in subsections (a) and (b).
(e) A gamete agency, gamete bank, or fertility clinic
shall comply with reporting requirements about gamete
screening and testing in accordance with federal law and
applicable laws of this State in addition to those set forth in
this Act.
(f) A gamete bank or fertility clinic that collects
gametes from a donor who was matched with a recipient by a
gamete agency that is a separate entity is not subject to the
requirements of subsection (a), (c), or (d).
(g) Subsection (b) applies only to gametes or embryos
matched or received on or after July 1, 2024. Subsections (a),
(c), and (d) apply only to gametes matched or collected on or
after January 1, 2025, for use by a recipient parent or parents
who are unknown to the donor at the time of the donation.
Section 35. Written materials for recipient parents and
gamete donors.

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(a) On or before January 1, 2025, the Department shall
develop written materials for intended recipient parents. The
Department shall develop the materials in conjunction with
licensed mental health professionals who have prior documented
experience counseling gamete donors, recipients, and
donor-conceived persons, as well as experience and competency
in counseling families with lesbian, gay, bisexual, and
gender-diverse parents and single parents, along with
organizations representing these communities. The materials
must include information on the following subjects:
(1) that, in light of studies showing that family
secrecy about family formation can negatively affect
children and family relationships, telling a
donor-conceived child at a young age, in an
age-appropriate manner, that the child is donor-conceived
is associated with improved family functioning and
well-being of the donor-conceived child;
(2) the ability, and available tools for discussing
the ability, that a donor-conceived person will have to
learn the identity of the donor of the gametes used in the
donor-conceived person's conception and the importance of
understanding that many, but not all, donor-conceived
persons have a strong desire to know the identity of the
donor and of other donor-conceived persons conceived with
the same donor's gametes;
(3) the needs and interests of donor-conceived

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persons;
(4) the limitations of donor screening;
(5) future implications for the donor-conceived person
given that there may be other persons in other families
conceived with the same donor's gametes; and
(6) future implications of receiving medical history
updates about the donor or other persons conceived with
the same donor's gametes.
(b) On or before January 1, 2025, the Department shall
develop written materials for gamete donors. The Department
shall develop the materials in conjunction with licensed
mental health professionals who have prior documented
experience counseling gamete donors, recipients, and
donor-conceived persons, as well as experience and competency
in counseling families with lesbian, gay, bisexual, and
gender-diverse parents and single parents, along with
organizations representing these communities. The materials
must include information on the following subjects:
(1) understanding the potential emotional and social
impacts of donating gametes;
(2) understanding what information will be disclosed
to the recipient parent or parents and donor-conceived
persons;
(3) understanding the potential for the birth of
children in multiple families using the donor's gametes;
and

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(4) understanding the future potential disclosure of
the donor's identifying information to a person conceived
with the donor's gametes.
(c) A gamete agency, gamete bank, or fertility clinic
located in this State shall:
(1) prior to an intended recipient matching with or
receiving donor gametes obtained through that gamete
agency, gamete bank, or fertility clinic, provide the
written materials described in subsection (a) to each
intended recipient of gametes from a donor who is unknown
to the recipient or recipients; and
(2) prior to the donation of gametes by a donor,
provide the written materials described in subsection (b)
to each potential donor of gametes collected by the gamete
agency, gamete bank, or fertility clinic from a donor who
is unknown to the recipient or recipients and discuss
these materials with the donor. Donor receipt of the
written materials is not in lieu of any mental health
evaluations of an unknown donor that are required by the
individual practices of a gamete agency, gamete bank, or
fertility clinic.
(d) A gamete agency, gamete bank, or fertility clinic
located outside of this State that either matches donors to or
provides gametes or embryos to recipients in, or who are
residents of, this State shall:
(1) prior to an intended recipient matching with or

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receiving donor gametes, provide written materials to
recipients that, at a minimum, cover the topics described
in subsection (a); and
(2) prior to the donation of gametes by a donor,
provide written materials to the donor that, at a minimum,
cover the topics described in subsection (b) and discuss
these materials with the donor. Donor receipt of the
written materials is not in lieu of any mental health
evaluations of an unknown ovum donor that are required by
the individual practices of a gamete agency, gamete bank,
or fertility clinic.
Section 40. Donor limits.
(a) Except as provided in subsection (d), a gamete agency,
gamete bank, or fertility clinic shall make a good-faith
effort to determine how many families are established with
gametes matched or provided by the gamete agency, gamete bank,
or fertility clinic from each donor by conducting sufficient
recordkeeping, requiring recipients, as a condition of
receiving donor gametes, to provide information on live
births, and requesting information from recipients on live
births, and using industry best practices, including methods
or processes to account for the number or percentage of live
births that are likely not reported, such as the correlation
between the number of units of donor gametes sold or released
and the resulting live births. A gamete agency, gamete bank,

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or fertility clinic shall not match or provide gametes from a
donor to additional families once the gamete agency, gamete
bank, or fertility clinic has record of or should reasonably
know that 25 families have been established using a single
donor's gametes in or outside of this State, with no limit on
the number of children conceived by each of the families,
unless the donor requests, and the gamete agency, gamete bank,
or fertility clinic agrees to, a lower limit on the number of
families. This limit does not include any children conceived
by the donor as a parent or children conceived with the donor's
gametes when the donor is known to the recipient parent or
parents at the time of the donation. This limit does not
include donations of embryos from one family to another
family.
For the purposes of this subsection, a family is
considered established when a recipient parent or parents
conceive a child using gametes from a donor and a live birth
results or likely resulted. A gamete agency, gamete bank, or
fertility clinic shall make reasonable good-faith efforts, and
document such efforts, to obtain information from a recipient
parent about whether and when a live birth has occurred,
including requesting such information from a recipient parent
or the parent's medical provider using multiple commercially
reasonable methods.
(b) On or before January 1, 2025, the Department shall
adopt a rule establishing a limit on the total number of donor

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retrieval cycles per ovum donor, which must not exceed a
lifetime limit of 6 cycles per ovum donor. In adopting the
rule, the Department shall establish rules that are consistent
with the clinical standards for appropriate practice in this
field. In adopting the rule, the Department may consider
adopting an exception to this limit for prior donors who
provide informed consent to undergo additional retrieval
cycles for families intending to conceive a child using the
same donor used to conceive their other child.
(c) A donor must be at least 21 years of age or older at
the time of collection of gametes, and a gamete agency, gamete
bank, or fertility clinic shall verify the age of the donor at
the time of the collection of gametes.
(d) A gamete agency, gamete bank, or fertility clinic that
collects gametes from a donor who was matched with a recipient
by a gamete agency that is a separate entity is not subject to
the requirements of subsection (a).
(e) This Section applies only to gametes matched or
collected on or after January 1, 2025, for use by recipient
parents who are unknown to the donor at the time of the
donation.
Section 45. License required.
(a) On or after January 1, 2025, a gamete agency, gamete
bank, or fertility clinic shall not operate as a gamete
agency, gamete bank, or fertility clinic in this State, or

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match or provide gametes or embryos to recipients in this
State, without having first obtained a license from the
Department. Such license is conditioned on compliance with the
applicable standards, requirements, and other provisions of
this Act and its implementing rules.
(b) A gamete agency, gamete bank, or fertility clinic
shall submit an annual application and fee for a license to
operate on the form and in the manner prescribed by the
Department.
On or before January 1, 2025, the Department shall adopt
rules establishing a schedule of fees of not more than $500 per
year, subject to annual adjustment for inflation to help meet
the direct and indirect costs of administration and
enforcement of this Act. A gamete agency, gamete bank, or
fertility clinic that is a nonprofit organization is exempt
from such fees.
The Department shall assess and collect, from each gamete
agency, gamete bank, or fertility clinic that is applying for
licensure under this Section, a fee in accordance with the fee
schedule established by the Department under this subsection.
The Department shall transmit fees collected under this
Section to the Gamete Agency, Gamete Bank, or Fertility Clinic
Fund.
Fees collected under this subsection may be used by the
Department to provide technical assistance and education to
the public and to gamete agencies, gamete banks, or fertility

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clinics related to the provision of and compliance with State
law, in addition to regulatory and administrative functions.
The Department may contract with private entities to assist
the Department in providing technical assistance and education
but not in providing regulatory or administrative functions.
(c) The Department shall investigate and review each
original application and each renewal application for a
license to operate as a gamete agency, gamete bank, or
fertility clinic. The Department shall determine an
applicant's compliance with this Act, and the rules adopted
pursuant to this Act, for the collection and provision of
gametes from donors who are unknown to a recipient at the time
of the donation before issuing a license.
The gamete agency, gamete bank, or fertility clinic shall
submit in writing, in a form prescribed by the Department, a
corrective action plan detailing the measures it will take to
correct any violations found by the Department as a result of
inspections undertaken in accordance with this subsection. The
Department shall conduct a follow-up inspection to ensure
implementation of the corrective action plan.
The Department shall not retain any identifying
information about donors, recipients, or donor-conceived
persons, and shall keep confidential all health care
information or documents obtained or viewed during an
inspection or investigation of a gamete agency, gamete bank,
or fertility clinic under this subsection. All records,

SB2418 - 22 - LRB103 27438 LNS 53810 b
information, or documents so obtained are exempt from
disclosure under the Freedom of Information Act.
(d) Except as otherwise provided in subsection (e), the
Department shall issue or renew a license to operate as a
gamete agency, gamete bank, or fertility clinic when it is
satisfied that the applicant or licensee is in compliance with
the requirements set forth in this Act and the rules adopted
under this Act. Except for a provisional license issued in
accordance with subsection (e), a license issued or renewed
under this Section expires one year after the date of issuance
or renewal. This Act does not convey a property right to a
license and the Department may suspend or revoke a license for
cause.
(e) The Department may issue a provisional license to
operate as a gamete agency, gamete bank, or fertility clinic
to an applicant for the purpose of operating as a gamete
agency, gamete bank, or fertility clinic for a period of 90
days if the applicant is temporarily unable to conform to all
of the standards required under this Act. As a condition of
obtaining a provisional license, the applicant shall show
proof to the Department that significant good-faith attempts
are being made to conform and comply with the applicable
standards required under this Act. The Department may issue a
second provisional license, for a like term and fee, to effect
compliance. A further provisional license shall not be issued
for the current year after the second issuance.

SB2418 - 23 - LRB103 27438 LNS 53810 b
(f) It is a violation of this Act for any person,
corporation, or other entity to operate as a gamete agency,
gamete bank, or fertility clinic in this State without a valid
license or in violation of the terms and conditions of a
license. The Department may revoke or refuse to renew the
license of a licensed gamete agency, gamete bank, or fertility
clinic that fails to adhere to the terms and conditions of its
license and the standards and requirements established by rule
under this Act.
The Department may assess a civil penalty of not more than
$20,000, adjusted annually for inflation, for each day the
person is in violation of this Act. The assessed penalty
accrues from the date the Department finds that the person,
corporation, or entity is in violation of this Act.
Section 50. Rules. The Department shall adopt rules as
necessary to implement this Act.
Section 55. The Gamete Agency, Gamete Bank, or Fertility
Clinic Fund; creation. The Gamete Agency, Gamete Bank, or
Fertility Clinic Fund is created as a special fund in the State
treasury. The Fund shall consist of any moneys deposited into
the Fund as provided under subsection (b) of Section 45.
Moneys shall be expended by the Department as provided under
subsection (b) of Section 45 and for no other purpose. All
interest earned on moneys in the Fund shall be deposited into

SB2418 - 24 - LRB103 27438 LNS 53810 b
the Fund.
Section 60. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible

SB2418 - 25 - LRB103 27438 LNS 53810 b
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.

SB2418 - 26 - LRB103 27438 LNS 53810 b
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair

SB2418 - 27 - LRB103 27438 LNS 53810 b
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied

SB2418 - 28 - LRB103 27438 LNS 53810 b
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.

SB2418 - 29 - LRB103 27438 LNS 53810 b
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.

SB2418 - 30 - LRB103 27438 LNS 53810 b
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under

SB2418 - 31 - LRB103 27438 LNS 53810 b
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.

SB2418 - 32 - LRB103 27438 LNS 53810 b
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Department of State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Information prohibited from disclosure under
subsection (c) of Section 45 of the Donor-Conceived
Persons and Families of Donor-Conceived Persons Protection
Act.

SB2418 - 33 - LRB103 27438 LNS 53810 b
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
Section 65. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Gamete Agency, Gamete Bank, or Fertility
Clinic Fund.
Section 70. The Illinois Parentage Act of 2015 is amended
by changing Section 703 as follows:
(750 ILCS 46/703)
Sec. 703. Parentage of child of assisted reproduction.
(a) Any individual who is an intended parent as defined by
this Act is the legal parent of any resulting child. If the
donor and the intended parent have been represented by
independent counsel and entered into a written legal agreement

SB2418 - 34 - LRB103 27438 LNS 53810 b
in which the donor relinquishes all rights and
responsibilities to any resulting child, the intended parent
is the parent of the child. An agreement under this subsection
shall be entered into prior to any insemination or embryo
transfer. An agreement must be made in accordance with the
terms of the Donor-Conceived Persons and Families of
Donor-Conceived Persons Protection Act, if applicable.
(b) If a person makes an anonymous gamete donation without
a designated intended parent at the time of the gamete
donation, the intended parent is the parent of any resulting
child if the anonymous donor relinquished his or her parental
rights in writing at the time of donation. The written
relinquishment shall be directed to the entity to which the
donor donated his or her gametes. After the effective date of
this amendatory Act of the 103rd general assembly, gamete
donations shall be made in accordance with the requirements of
the Donor-Conceived Persons and Families of Donor-Conceived
Persons Protection Act.
(c) An intended parent may seek a court order confirming
the existence of a parent-child relationship prior to or after
the birth of a child based on compliance with subsection (a) or
(b) of this Section.
(d) If the requirements of subsection (a) of this Section
are not met, or subsection (b) of this Section is found by a
court to be inapplicable, a court of competent jurisdiction
shall determine parentage based on evidence of the parties'

SB2418 - 35 - LRB103 27438 LNS 53810 b
intent at the time of donation.
(Source: P.A. 99-763, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2418 - 36 - LRB103 27438 LNS 53810 b
INDEX
Statutes amended in order of appearance