94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2498


 
Introduced 2/17/2005, by Rep. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 		













410 ILCS 535/16.1
  from Ch. 111 1/2, par. 73-16.1








    Amends the Vital Records Act. Makes a technical change in a Section concerning records of foreign births.
















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A BILL FOR









 











HB2498

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    AN ACT concerning health.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Vital Records Act is amended  by changing 
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Section 16.1 as follows:
 
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    (410 ILCS 535/16.1)  (from Ch. 111 1/2, par. 73-16.1)

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    Sec. 16.1. When it
it appears from a certificate of 
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adoption transmitted to
the State Registrar of Vital Records, 
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pursuant to the provisions of Section
16 of this Act, that the 
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child was born outside of the United States or
its Territories, 
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then, upon submission to the State Registrar of Vital
Records 
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of evidence as to the child's birth date and birthplace 
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provided by
the original birth certificate, or by a certified 
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copy, extract, or
translation thereof or by other document 
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essentially equivalent thereto
(the records of the U.S. 
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Immigration and Naturalization Service or of the
U.S. 
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Department of State to be considered essentially equivalent 
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thereto),
the State Registrar of Vital Records shall make and 
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file a Record of
Foreign Birth.  The State Registrar of Vital 
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Records may make and file a
Record of Foreign Birth for a 
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person
born in a foreign country
who
has been granted an IR-3 
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visa by the U.S. Immigration
and Naturalization
Service under 
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the Immigration and Nationality Act
and who was adopted under 
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the laws of a jurisdiction or
country other than
the United 
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States by an adopting parent who is a resident of this State

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upon the submission to the State Registrar of Vital Records of: 
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(1)
evidence as to the child's
birth date and birthplace 
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(including the country of birth and if available, the
city and 
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province of birth) provided by the original birth certificate, 
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or
by a
certified copy, extract, or
translation thereof or by 
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other document essentially equivalent thereto (the
records of 
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the U.S.
Immigration and Naturalization Service or of the U.S. 
 


 






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Department of State to be
considered
essentially equivalent 
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thereto); (2) a certified copy, extract, or translation
of the 
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adoption decree
 or by other document essentially equivalent 
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thereto (the
records of the U.S.
Immigration and Naturalization 
5
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; 
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and (4) the name and address of the adoption agency that

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handled the adoption.  The Record of Foreign Birth shall include 
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the actual
place and date of birth, the child's name and 
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parentage as ordered in the
judgment of adoption and any other 
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necessary facts.


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    Upon the specific written request by the person to whom the 
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Record of
Foreign Birth relates or by his or her legal 
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representative, or by an agency of
local, state or federal 
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government, or upon the order of a court of competent

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jurisdiction
and upon payment of a fee of $5 by the applicant, 
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the State Registrar of
Vital Records shall issue to such 
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applicant one certification or a certified
copy of the

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specified Record of Foreign Birth.


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    Upon receipt of a certified copy of a court order of 
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annulment of
adoption or a court order vacating a judgment of 
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adoption of an adopted
person for whom a Record of Foreign 
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Birth has been made and filed under the
provisions of this 
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Section the State Registrar of Vital Records shall
nullify and 
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void such Record of Foreign Birth by entering on its face the

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statement "This Record is declared null and void upon the basis 
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of a court
judgment annulling or vacating this adoption upon 
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which this
Record is based"
and a notation identifying the 
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court judgment.


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    The provisions of this Section shall also be applicable to, 
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and shall
inure to the benefit of all persons for whom a 
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judgment of
adoption has been
entered in a court in this State 
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prior to August 26, 1963.  In such cases
the applicant shall 
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furnish the State Registrar of Vital Records with a
certified 
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copy of the adoption judgment together with affidavits
as to 
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the
personal particulars of the foster parents in lieu of the 
 


 






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certificate of
adoption specified in Section 16 of this Act.  In 
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every case wherein the
State Registrar of Vital Records has 
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previously been furnished with a
certificate of adoption 
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involving a foreign born child adopted in Illinois,
a certified 
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copy of the adoption judgment and affidavits of personal

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particulars are not necessary, but the State Registrar of Vital 
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Records
shall make and file a Record of Foreign Birth in the 
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same manner and
fashion as if the certificate of adoption has 
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been furnished him after
August 26, 1963.


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(Source: P.A. 93-645, eff. 12-31-03.)