Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 500 - ILLINOIS VITAL RECORDS CODE
Section 500.47 - Illinois Adoption Registry and Information Exchange
Current through Register Vol. 48, No. 12, March 22, 2024
a) As used in this Section:
"Adopted person" means a person who was adopted pursuant to the laws in effect at the time of the adoption (Section 18.06 of the Adoption Act).
"Adoptive parent" means a person who has become a parent through the legal process of adoption (Section 18.06 of the Adoption Act).
"Agency" means a public child welfare agency or a licensed child welfare agency (Section 18.06 of the Adoption Act).
"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 judgment or order of the court, pursuant to the Illinois Parentage Act of 1984 (Section 18.06 of the Adoption Act).
"Birth mother" means the biological mother of an adopted or surrendered person (Section 18.06 of the Adoption Act).
"Birth parent" means a birth mother or birth father of an adopted or surrendered person (Section 18.06 of the Adoption Act).
"Birth sibling" means the adult full or half sibling of an adopted or surrendered person (Section 18.06 of the Adoption Act).
"Council" means the Adoption Registry Advisory Council created under Section 18.07 of the Adoption Act).
"Denial of Information Exchange" means an affidavit completed by a registrant with the Illinois Adoption Registry and Information Exchange denying the release of identifying information (Section 18.06 of the Adoption Act).
"Department" means the Department of Public Health.
"Information Exchange Authorization" means an affidavit completed by a registrant with the Illinois Adoption Registry and Information Exchange authorizing the release of identifying information (Section 18.06 of the Adoption Act).
"Medical Questionnaire" means the medical history questionnaire completed by a registrant of the Illinois Adoption Registry and Information Exchange (Section 18.06 of the Adoption Act).
"Proof of death" means a certified copy of a death certificate (Section 18.06 of the Adoption Act).
"Registrant" or "registered party" means a birth parent, birth sibling, adopted or surrendered person over the age of 21, or adoptive parent or legal guardian of an adopted or surrendered person under the age of 21 who has filed an Illinois Adoption Registry Application or Registration Identification Form with the Registry (Section 18.06 of the Adoption Act).
"Statistical records" mean non-identifying numerical data tallying the total number of registrations filed by adopted persons, surrendered persons, non-surrendered birth sibilings, adoptive parents, birth parents, and legal guardians; and the total number of registry matches made.
"Surrendered person" means a person whose parents' rights have been surrendered or terminated but who has not been adopted (Section 18.06 of the Adoption Act).
b) The Department of Public Health will:
c) Effective with the establishment of an Adoption Registry and Medical Information Exchange, the Department will provide information about Adoption Registry services. The address and telephone number of the Adoption Registry is as follows:
Adoption Registry
Illinois Department of Public Health
Division of Vital Records
605 W. Jefferson
Springfield, Illinois 62702-6553
[Toll free] 877-323-5299 or 217-557-5159
d) When a person registers with the Illinois Adoption Registry and completes an Illinois Adoption Registry Application or a Registration Identification Form, the Registry shall establish a new Adoption/Surrender Records File for that person. An established Adoption/Surrender Records File shall be limited to the following items:
e) The Department will establish and maintain a Registry to in writing only provide identifying information to mutually consenting adult adopted or surrendered persons, birth parents, adoptive parents, legal guardians, and birth siblings. Before identifying information is released, the Deputy State Registrar and Adoption Registry director must review and only approve the exchange of identifying information if the release is allowed under the requirements of this Part and the Adoption Act. Identifying information includes the following items:
f) After a child is surrendered for adoption, during the adoption proceedings, or after the adoption, either birth parent or both birth parents may file with the Registry a Birth Parent Registration Identification Form and an Information Exchange Authorization or a Denial of Information Exchange.
A birth sibling 21 years of age or older who was not surrendered for adoption, and who has submitted proof of death for a deceased birth parent who did not file a Denial of Information Exchange with the Registry before his or her death, may file a Registration Identification Form and an Information Exchange Authorization or a Denial of Information Exchange. If the birth sibling of an adopted or surrendered person was not born in Illinois, then that birth sibling must submit a certified copy of his or her birth certificate with the registration.
An adopted person over the age of 21 or still under guardianship, or a surrendered person over the age of 21, or an 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. If registering as the legal guardian of an adopted or surrendered person, then a certified copy of the court order establishing the guardianship must be submitted with the registration. If an adoptive parent or legal guardian of an adopted or surrendered person under the age of 21 files a registration, authorization, or denial, then that registration, authorization, or denial expires when the adopted or surrendered person attains 21 years of age unless the guardianship extends beyond that time, in which case the registration expires when the guardianship expires. After expiration, the Department shall then not release any Registry information and shall close that adoption/surrender records file until the now competent adult adopted or surrendered person files with the Registry a Registration Identification Form, Information Exchange Authorization, or Denial of Information Exchange.
g) The Department will supply to the adopted or surrendered person, or his or her adoptive parents or legal guardians, and to the birth parents identifying information only if both the adopted or surrendered person, or his or her adoptive parents or legal guardians, 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 or the child of the consenting adoptive parents or legal guardians is the child of the consenting birth parents. The Department will 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 will be supplied to consenting birth siblings who were adopted or surrendered if the consenting sibling is 21 years of age or older. Identifying information will be supplied to consenting birth siblings who were not adopted or surrendered if the consenting sibling is 21 years of age or older, has proof of death of the common birth parent, if one birth parent was in common or proof of death of both parents if both were in common, and the common birth parent or common birth parents did not file a Denial of Information Exchange with the Registry before his or her death.
h) A birth parent, birth sibling, adopted or surrendered person, or adoptive parents or legal guardians may notify the Registry of their desire not to have their identity revealed or may revoke any previously filed Information Exchange Authorization or Medical Questionnaire/Medical Information Exchange Release by completing and filing with the Registry a Registry Identification Form along with a Denial of Information Exchange or modified Information Exchange Authorization. The Illinois Adoption Registry Application does not need to be completed to file a Denial of Information Exchange. An adopted or surrendered person or his or her adoptive parents or legal guardians, birth sibling, or birth parent may revoke a Denial of Information Exchange or Denial of Medical Information Exchange Release by filing an Information Exchange Authorization. The Department of Public Health shall act according to the most recently filed authorization or denial unless that authorization or denial has expired under subsection (f).
i) Information submitted to the Registry is confidential and gathered by the State to assist the exchange of updated medical data and contact information between adopted and surrendered persons and other registered parties. Information exchanged through the Registry is not admissible as evidence nor discoverable in an action in a court, tribunal, board, agency, or commission, except as provided in subsection (i)(1). Disclosure of information in violation of the Adoption Act is a Class A misdemeanor (see Section 18.8 of the Adoption Act).
j) Upon meeting the requirements of this Part, the Registry shall release identifying information in writing only as specified on the Information Exchange Authorization to the following mutually consenting registered parties and provide them with photographs that have been placed in the Adoption/Surrender Records File and are specifically intended for the registered parties:
k) The forms for the Adoption Registry Application, Birth Parent Registration Identification, Adopted Person Registration Identification, Surrendered Person Registration Identification, Non-surrendered Birth Sibling Registration Identification, Adoptive Parent Registration Identification, Legal Guardian Registration Identification, Information Exchange Authorization, Denial of Information Exchange, and Medical Questionnaire are included as Illustrations in Appendix E of this Part.
l) The Adoption Registry Advisory Council is chaired by the Director of Public Health or the Director's designee. The Council will: