Today (under CURRENT statute)

Tomorrow (if HB 4623 becomes law)

1.  Adoptee seeking copy of original birth certificate

Only with court order or if matched with a birth relative through the Registry.

If born before 1946, upon written request to Vital Statistics.  If born after 1946, upon written request to Vital Statistics if no birth parent named on the OBC has made a request for anonymity through the Registry.

2.  Adoptee who seeks only basic birth information and has no desire to search

May obtain basic info from adoption decree (which, in Illinois, lists birth mother's full name in 9 cases out of 10,  lists birth mother's last name in all cases)  from adoptive parents (see  below), otherwise he/she cannot obtain info without conducting a search.

May obtain copy of original birth certificate upon written request to Vital Statistics, with same caveats as item #1  above.

3.  Adoptee seeking copy of his/her final decree of adoption (which, in Illinois, lists birth mother’s full name in  approx. 90% of cases; always lists birth mother’s last name at time of relinquishment)

May obtain copy from adoptive parents, if they are alive and agree to share info with adoptee.

NO CHANGE.

4. Adoptee whose birth parent has filed a request for anonymity with the Registry

Ineligible to search under state intermediary program. Adoptee has no access to any information other than medical info filed with the Registry and info outlined under #2 and #3 above.

Will have access to copy of OBC from which only info on birth parent who requested anonymity has been redacted. Will have access to free search for updated medical info once 5 years have elapsed since birth parent filed request for anonymity.  OBC released if birth parent dies.

5.  Adoptee whose birth parent has filed a request for anonymity (aka an 18.3 statement, see “Today” under item #6) with the  adoption agency or court supportive services in Chicago

Ineligible to search under state intermediary program, even if birth parent died after filing 18.3 statement requesting anonymity.

Will receive copy of his/her original birth certificate upon written request unless birth parent has filed request for anonymity with the Registry. If birth parent is deceased, original birth certificate will be released upon request.

6. Birth parent surrendering a child for adoption

Since the late 1970s, birth mothers have been REQUIRED to complete what is known as an 18.3 statement indicating their desire to share or not to share information with their surrendered child at the time of relinquishment.  Actual form of  the 18.3 statement may be written request for anonymity or a printed form with check boxes.

18.3 statements have been eliminated from the law under the proposed legislation. Birth parents will receive information about the Illinois Adoption Registry at surrender, but will have 21 years to make up their minds with regards to contact/release of info to an adult adoptee.  If birth parent has not signed up with the Registry before adoptee reaches age 21, OBC will be released to adoptee upon request.

7. Birth parent who seeks openness and wishes to have their identity released to adoptee

Completes an 18.3 statement to that effect at surrender, but since all Illinois records are automatically sealed, adoptee has no access to this info except via adoptive parents (see #2 and #3 above) or if birth parent signs up at the Registry.

Can indicate preferences regarding contact to the Registry.  Original birth certificate is released regardless of whether birth parent has indicated contact preferences to Registry or not.

8. Birth parent who seeks anonymity and does not wish to have their identity released to adoptee

Completes an 18.3 statement to that effect at surrender, which prohibits adoptee from searching through agency or state intermediary program indefinitely; adoptee has no access to info except via adoptive parents (see #2 and #3 above).

Birth parent must sign up with the Illinois Adoption Registry and file request for anonymity. Will have the option, as is the case under current law, of either completing a  medical questionnaire or paying $40 registration fee. (Since 1999, Illinois has waived the $40 registration fee for ANY registrant who completes a medical questionnaire at the time of their application to the Registry).

9.  Adoptive parents who seek a copy of the final decree of adoption.

May obtain a copy of the final decree of adoption (see #3 above) upon written request to judge at any time after adoption is finalized.

NO CHANGE

10.  Adoptive parents who seek a copy of the original birth certificate of their adopted son or daughter

May obtain a waiver from the birth parent and obtain a copy of the obc until the adoption has been finalized and the amended birth certificate has been filed.

NO CHANGE

11. Percentage of original birth certificates released to Illinois adoptees

Since the number of persons who were adopted in Illinois is generally estimated at @ 200,000, the 2700 birth mothers who have released their child’s original birth certificates through the Registry since 1999 have unsealed @ 1% of  Illinois’ original birth certificates to adult adoptees.

Over the past decade, only 15 birth mothers have requested anonymity through the state registry (.0075% of all Illinois birth mothers).  In the unlikely event that 100 times that number (i.e. 1500 birth mothers) come forward  once the new law goes into effect, this would still release more than 99%  of Illinois’ original birth certificates to adult adoptees .