Overview
Original Birth Certificates. Illinois is a Compromised State. The state maintains a complicated date-based system and requires a special adoption registry to facilitate release of an adopted person’s own original birth certificate. The date of birth of an adoptee determines who has an unrestricted right to the original birth certificate and who may be subject to a birthparent request for redaction of identifying information on the record.
How It Works. Generally, adoptees who are at least 21 years of age and who were born before January 1, 1946, have an unrestricted right to request and obtain their own original birth certificates.
Adoptees who were born on or after January 1, 1946, may request their OBC but requests may be subject to a “Denial of Information Exchange,” the Illinois term for a birth parent redaction request. If a denial is on file, identifying information for that parent will be redacted from the OBC. These denials are valid if filed prior to January 1, 2011. After January 1, 2011, birth parents may still file a Birth Parent Preference Form that provides an option to prohibit the release of specified information on the OBC (e.g., birth parent’s first name, last name, listed address, adoptee’s given last name). If that option is chosen, the selected identifying information is redacted on the OBC.
Court Records. Court records are sealed after an adoption and are not available to the parties to the adoption or to the adopted person, except by court order.
Nuts! If an adopted person is born in Illinois and the adoptive parents also lived in the state at the time of the birth, the adoptive parents may change the adoptee’s place of birth on the post-adoption birth certificate “as the place of residence of the adoptive parents at the time of such person’s birth.”
Adoption Registry and Identifying Information. Central to the release of identifying information is the state-run Illinois Adoption Registry and Medical Information Exchange (IARMIE), which is available to adopted people as well as to people surrendered but not adopted. Identifying information released through the registry may include:
- The name and last known address of the consenting person or persons.
- A copy of the Illinois Adoption Registry Application of the consenting person or persons.
- A non-certified copy of the original birth certificate
The registry maintains updated statistics on the number of registrants, matches, and released OBCs. Illinois also oversees a confidential intermediary system that adopted or surrendered people may use to search for and locate birth relatives.
Descendant Rights. If an adopted or surrendered person is deceased, the person’s surviving spouse, child, grandchild, or adoptive parent may use the Illinois Adoption Registry in the same way as the adopted or surrendered person.
Adult Adoption. Illinois law provides for adult adoptions. The adult being adopted must have lived continuously with the adopting person for at least two years before the adoption or be related to the adopting person (defined as a grandparent, great-grandparent, brother, sister, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin).
Illinois Law: Vital Records and Birth Certificates
Relevant parts of Illinois vital records law. The entire Illinois vital records statute is available here.
410 ILCS 535/17
(1) For a person born in this State, the State Registrar of Vital Records shall establish a new certificate of birth when he receives any of the following:
(a) A certificate of adoption as provided in Section 16 or a certified copy of the order of adoption together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.
(b) A certificate of adoption or a certified copy of the order of adoption entered in a court of competent jurisdiction of any other state or country declaring adopted a child born in the State of Illinois, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.
* * * * *
Each request for a new certificate of birth shall be accompanied by a fee of $15 and entitles the applicant to one certification or certified copy of the new certificate. If the request is for additional copies, it shall be accompanied by a fee of $2 for each additional certification or certified copy.
(2) When a new certificate of birth is established, the actual place and date of birth shall be shown; provided, in the case of adoption of a person born in this State by parents who were residents of this State at the time of the birth of the adopted person, the place of birth may be shown as the place of residence of the adoptive parents at the time of such person’s birth, if specifically requested by them, and any new certificate of birth established prior to the effective date of this amendatory Act may be corrected accordingly if so requested by the adoptive parents or the adopted person when of legal age. The social security numbers of the parents shall not be recorded on the certificate of birth. The social security numbers may only be used for purposes allowed under federal law. The new certificate shall be substituted for the original certificate of birth:
(a) Thereafter, the original certificate and the evidence of adoption, paternity, legitimation, or sex change shall not be subject to inspection or certification except upon order of the circuit court or as provided by regulation. If the new certificate was issued subsequent to an adoption, the original certificate shall not be subject to inspection until the adopted person has reached the age of 21; thereafter, the original certificate shall be made available as provided by Section 18.1b of the Adoption Act.
(b) Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection or certification except upon order of the circuit court.
(3) If no certificate of birth is on file for the person for whom a new certificate is to be established under this Section, a delayed record of birth shall be filed with the State Registrar of Vital Records as provided in Section 14 or Section 15 of this Act before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed record shall not be required.
(4) When a new certificate of birth is established by the State Registrar of Vital Records, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this State shall be transmitted to the State Registrar of Vital Records as directed, and shall be sealed from inspection except as provided by Section 18.1b of the Adoption Act.
(5) Nothing in this Section shall be construed to prohibit the amendment of a birth certificate in accordance with subsection (6) of Section 22.
750 ILCS 50/18.04. Original Birth Certificate Access; legislative intent
The General Assembly recognizes that it is the basic right of all persons to access their birth records, and, to this end, supports public policy that allows an adult adoptee to access his or her original birth certificate. The General Assembly further recognizes that there are circumstances under which a birth parent may have compelling reasons for wishing to remain anonymous to a child he or she surrendered for adoption. In an effort to balance these interests, the General Assembly supports public policy that releases a non-certified copy of the original birth certificate to an adult adopted person upon request unless a specific request for anonymity has been filed with the Registry by a birth parent named on the original birth certificate.
750 ILCS 50/18.06. Definitions
“Adult adopted or surrendered person” means an adopted or surrendered person 21 years of age or over.
“Birth Parent Preference Form” means the form prepared by the Department of Public Health pursuant to Section 18.2 completed by a birth parent registrant and filed with the Registry that indicates the birth parent’s preferences regarding contact and, if applicable, the release of his or her identifying information on the non-certified copy of the original birth certificate released to an adult adopted or surrendered person or to the surviving adult child or surviving spouse of a deceased adopted or surrendered person who has filed a Request for a Non-Certified Copy of an Original Birth Certificate.
“Non-certified Copy of the Original Birth Certificate” means a non-certified copy of the original certificate of live birth of an adult adopted or surrendered person who was born in Illinois.
“Proof of death” means a death certificate.
“Registrant” or “Registered Party” means a birth parent, birth grandparent, birth sibling, birth aunt, birth uncle, adopted or surrendered person 21 years of age or over, adoptive parent or legal guardian of an adopted or surrendered person under the age of 21, or adoptive parent, surviving spouse, or adult child of a deceased adopted or surrendered person who has filed an Illinois Adoption Registry Application or Registration Identification Form with the Registry.
“Request for a Non-Certified Copy of an Original Birth Certificate” means an affidavit completed by an adult adopted or surrendered person or by the surviving adult child or surviving spouse of a deceased adopted or surrendered person and filed with the Registry requesting a non-certified copy of an adult adopted or surrendered person’s original certificate of live birth in Illinois.
“Surrendered person” means a person whose parents’ rights have been surrendered or terminated but who has not been adopted.
“Surviving spouse” means the wife or husband, 21 years of age or older, of a deceased adopted or surrendered person who would be 21 years of age or older if still alive and who has one or more surviving biological children who are under the age of 21.
“Registry” means the Illinois Adoption Registry and Medical Information Exchange.
750 ILCS 50/18.1b(e) [Relevant Part of Statute Concerning Access to an OBC]
(e) Procedures for requesting a non-certified copy of an original birth certificate by an adult adopted or surrendered person or by a surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person:
(1) On or after the effective date of this amendatory Act of the 96th General Assembly, any adult adopted or surrendered person who was born in Illinois prior to January 1, 1946, may complete and file with the Registry a Request for a Non-Certified Copy of an Original Birth Certificate. The Registry shall provide such adult adopted or surrendered person with an unaltered, non-certified copy of his or her original birth certificate upon receipt of the Request for a Non-Certified Copy of an Original Birth Certificate. Additionally, in cases where an adopted or surrendered person born in Illinois prior to January 1, 1946, is deceased, and one of his or her surviving adult children, adult grandchildren, or his or her surviving spouse has registered with the Registry, he or she may complete and file with the Registry a Request for a Non-Certified Copy of an Original Birth Certificate. The Registry shall provide such surviving adult child, adult grandchild, or surviving spouse with an unaltered, non-certified copy of the adopted or surrendered person’s original birth certificate upon receipt of the Request for a Non-Certified Copy of an Original Birth Certificate.
(2) Beginning November 15, 2011, any adult adopted or surrendered person who was born in Illinois on or after January 1, 1946, may complete and file with the Registry a Request for a Non-certified Copy of an Original Birth Certificate. Additionally, in cases where the adopted or surrendered person is deceased and one of his or her surviving adult children, adult grandchildren, or his or her surviving spouse has registered with the Registry, he or she may complete and file with the Registry a Request for a Non-Certified Copy of an Original Birth Certificate. Upon receipt of such request from an adult adopted or surrendered person or from one of his or her surviving adult children, adult grandchildren, or his or her surviving spouse, the Registry shall:
(i) Determine if there is a Denial of Information Exchange which was filed by a birth parent named on the original birth certificate prior to January 1, 2011. If a Denial was filed by a birth parent named on the original birth certificate prior to January 1, 2011, and there is no proof of death in the Registry file for the birth parent who filed said Denial, the Registry shall inform the requesting adult adopted or surrendered person or the requesting surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person that they may receive a non-certified copy of the original birth certificate from which all identifying information pertaining to the birth parent who filed the Denial has been redacted. A requesting adult adopted or surrendered person shall also be informed in writing of his or her right to petition the court for the appointment of a confidential intermediary pursuant to Section 18.3a of this Act and, if applicable, to conduct a search through an agency post-adoption search program once 5 years have elapsed since the birth parent filed the Denial of Information Exchange with the Registry.
(ii) Determine if a birth parent named on the original birth certificate has filed a Birth Parent Preference Form. If one of the birth parents named on the original birth certificate filed a Birth Parent Preference Form and selected Option A, B, C, or D, the Registry shall forward to the adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person a copy of the Birth Parent Preference Form along with an unaltered non-certified copy of his or her original birth certificate. If one of the birth parents named on the original birth certificate filed a Birth Parent Preference Form and selected Option E, and there is no proof of death in the Registry file for the birth parent who filed said Birth Parent Preference Form, the Registry shall inform the requesting adult adopted or surrendered person or the requesting surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person that he or she may receive a non-certified copy of the original birth certificate from which identifying information pertaining to the birth parent who completed the Birth Parent Preference Form has been redacted per the birth parent’s specifications on the Form. The Registry shall forward to the adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person a copy of the Birth Parent Preference Form filed by the birth parent from which identifying information has been redacted per the birth parent’s specifications on the Form. The requesting adult adopted or surrendered person shall also be informed in writing of his or her right to petition the court for the appointment of a confidential intermediary pursuant to Section 18.3a of this Act, and, if applicable, to conduct a search through an agency post-adoption search program once 5 years have elapsed since the birth parent filed the Birth Parent Preference Form, on which Option E was selected, with the Registry.
(iii) Determine if a birth parent named on the original birth certificate has filed an Information Exchange Authorization.
(iv) If the Registry has confirmed that a requesting adult adopted or surrendered person or the parent of a requesting adult child of a deceased adopted or surrendered person or the husband or wife of a requesting surviving spouse was not the object of a Denial of Information Exchange filed by a birth parent on or before December 31, 2010, and that no birth parent named on the original birth certificate has filed a Birth Parent Preference Form where Option E was selected prior to the receipt of a Request for a Non-Certified Copy of an Original Birth Certificate, the Registry shall provide the adult adopted or surrendered person or his or her surviving adult child or surviving spouse with an unaltered non-certified copy of the adopted or surrendered person’s original birth certificate.
(3) In cases where the Registry receives a Birth Parent Preference Form from a birth parent subsequent to the release of the non-certified copy of the original birth certificate to an adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person, the Birth Parent Preference Form shall be immediately forwarded to the adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of the deceased adopted or surrendered person and the birth parent who filed the form shall be informed that the relevant original birth certificate has already been released.
(4) A copy of the original birth certificate shall only be released to adopted or surrendered persons who were born in Illinois; to surviving adult children, adult grandchildren, or surviving spouses of deceased adopted or surrendered persons who were born in Illinois; or to 2 registered parties who have both consented to the release of a non-certified copy of the original birth certificate to one another through the Registry when the birth of the relevant adopted or surrendered person took place in Illinois.
(5) In cases where the Registry receives a Request for a Non-Certified Copy of an Original Birth Certificate from an adult adopted or surrendered person who has not completed a Registry application and the file of that adopted or surrendered person includes an Information Exchange Authorization, Birth Parent Preference Form, or Medical Information Exchange Questionnaire from one or more of his or her birth relatives, the Registry shall so inform the adult adopted or surrendered person and forward Registry application forms to him or her along with a non-certified copy of the original birth certificate consistent with the procedures outlined in this subsection (e).
(6) In cases where a birth parent registered with the Registry and filed a Medical Information Exchange Questionnaire prior to the effective date of this amendatory Act of the 96th General Assembly but gave no indication as to his or her wishes regarding contact or the sharing of identifying information, the Registry shall contact the birth parent by written letter prior to January 1, 2011, and provide him or her with the opportunity to indicate his or her preference regarding contact and the sharing of identifying information by submitting a Birth Parent Preference Form to the Registry prior to November 1, 2011.
(7) In cases where the Registry cannot locate a copy of the original birth certificate in the Registry file, they shall be authorized to request a copy of the original birth certificate from the Illinois county where the birth took place for placement in the Registry file.
(8) Adopted and surrendered persons who wish to have their names placed with the Illinois Adoption Registry and Medical Information Exchange may do so by completing a Registry application at any time, but completing a Registry application shall not be required for adopted and surrendered persons who seek only to obtain a copy of their original birth certificate or any relevant Birth Parent Preference Forms through the Registry.
(9) In cases where a birth parent filed a Denial of Information Exchange with the Registry prior to January 1, 2011, or filed a Birth Parent Preference Form with the Registry and selected Option E after January 1, 2011, and a proof of death for the birth parent who filed the Denial or the Birth Parent Preference Form has been filed with the Registry by a confidential intermediary, a surviving relative of the deceased birth parent, or a birth child of the deceased birth parent, the Registry shall be authorized to release an unaltered non-certified copy of the original birth certificate to an adult adopted or surrendered person or to the surviving adult child, adult grandchild, or surviving spouse of a deceased adopted or surrendered person who has filed a Request for a Non-Certified Copy of the Original Birth Certificate with the Registry.
(10) On and after the effective date of this amendatory Act of the 96th General Assembly, in cases where all birth parents named on the original birth certificate of an adopted or surrendered person born after January 1, 1946, are deceased and copies of death certificates for all birth parents named on the original birth certificate have been filed with the Registry by either a confidential intermediary, a surviving relative of the deceased birth parent, or a birth child of the deceased birth parent, the Registry shall be authorized to release a non-certified copy of the original birth certificate to the adopted or surrendered person upon receipt of his or her Request for a Non-Certified Copy of an Original Birth Certificate.
Illinois Law: Court Records
750 ILCS 50/14(h). Judgment
(h) Only the circuit court that entered the judgment of the adoption may order the issuance of any contents of the court file or that the original birth record of the adoptee be provided to any persons. [For the entire section 14, see below].
750 ILCS 50/18. Records confidential
(a) The word “illegitimate”, the words “born out of wedlock”, and words of similar import shall not be used in any adoption proceeding in any respect.
(b) The court call of adoption proceedings shall not identify any of the parties by name. The parties may be identified by initials or pseudonyms. The case shall be identified by its general number. The names of the lawyers representing the parties may appear on the court call, and the type of application that is being made to the court may also be identified.
(c) All adoption records maintained by each circuit clerk shall be impounded in accordance with the procedures provided by the Illinois Supreme Court’s General Administrative Order on Recordkeeping and shall be opened for examination only upon specific order of the court, which order shall name the person or persons who are to be permitted to examine the file. Certified copies of all papers and documents contained in any file so impounded shall be made only on like order. The guardian ad litem for a minor sought to be adopted shall have the right to inspect the court file without leave of court during the pendency of the proceeding. The attorney of record for the petitioners and other parties may inspect the file only with leave of court. The petitioners to the adoption, the attorney of record for the petitioners, and the guardian ad litem of the person who is the subject of the proceeding shall be entitled to receive certified copies of the order of adoption in the proceeding at any time within 30 days after the entry of the judgment of adoption without order of court. After 30 days from the entry of the judgment of adoption, no copies may be obtained without prior order of court, but good cause is not necessary to be shown by one of the petitioners to the adoption.
(d) If an appeal is taken from an adoption proceeding, the papers filed in the court of review and the opinion of the reviewing court shall not identify the true names of the parties; instead, initials or pseudonyms shall be used to identify the parties.
Illinois Law: Adoption Generally
Relevant portions from Illinois adoption law. The entire Illinois adoption statute is available here.
750 ILCS 50/2. Who may adopt a child
A. Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the State of Illinois for 90 days, may institute such proceeding:
(a) A reputable person of legal age and of either sex, provided that if such person is married or in a civil union and has not been living separate and apart from his or her spouse or civil union partner for 12 months or longer, his or her spouse or civil union partner shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner, in all of which cases the adoption shall be by both spouses or civil union partners jointly;
(b) A minor, by leave of court upon good cause shown.
(c) Notwithstanding sub-paragraph (a) of this subsection, a spouse or civil union partner is not required to join in a petition for adoption for the adoption of an adult if a petitioner is a former stepparent of that adult, or to re-adopt a child after an intercountry adoption if the spouse or civil union partner did not previously adopt the child as set forth in subsections (c) and (e) of Section 4.1 of this Act. For purposes of this Section, “former stepparent” means a person who was married to, or in a civil union with, the legal parent of the adult seeking to be adopted, and the marriage or civil union has ended.
B. The residence requirement specified in paragraph A of this Section shall not apply to:
(a) an adoption of a related child;
(a-1) an adoption of a child previously adopted in a foreign country by the petitioner;
(b) an adoption of a child placed by an Illinois-licensed child welfare agency performing adoption services;
(c) an adoption of an adult by a former stepparent; or
(d) an adoption of a child born in this State who has resided continuously in this State since birth, or a child who has continuously resided in this State for at least 6 months immediately preceding the commencement of the adoption proceeding, if:
(1) an Illinois-licensed child welfare agency performing adoption services has acknowledged a consent or surrender of one or both of the biological or legal parents of the child under this Act and the Child Care Act of 1969; or
(2) an authorized person under Section 10 has acknowledged a consent of one or both of the biological or legal parents of the child and an Illinois-licensed child welfare agency performing adoption services has counseled the biological or legal parent or parents of the child as to the birth parent rights and responsibilities under the Child Care Act of 1969 and the rules adopted thereunder.
C. Nothing in this Section overrides the requirements contained in Public Act 94-586.
750 ILCS 50/3. Who may be adopted
A male or female child, or an adult, may be adopted, provided the other conditions set forth in this Act are met, and further provided, with respect to an adult, that such adult has resided in the home of the persons intending to adopt him at any time for more than 2 years continuously preceding the commencement of an adoption proceeding, or in the alternative that such persons are related to him within a degree set forth in the definition of a related child in Section 1 of this Act.
750 ILCS 50/4.1(c). Intercountry Adoptions
(c) Intercountry adoptions. The adoption of a child, if the child is a habitual resident of a country other than the United States and the petitioner is a habitual resident of the United States, or, if the child is a habitual resident of the United States and the petitioner is a habitual resident of a country other than the United States, shall comply with the Intercountry Adoption Act of 2000, as amended, and the Immigration and Nationality Act, as amended. In the case of an intercountry adoption that requires oversight by the adoption services governed by the Intercountry Adoption Universal Accreditation Act of 2012, this State shall not impose any additional preadoption requirements.
(d) (Blank).
(e) Re-adoption after an intercountry adoption.
(1) Any time after a minor child has been adopted in a foreign country and has immigrated to the United States, the adoptive parent or parents of the child may petition the court for a judgment of adoption to re-adopt the child and confirm the foreign adoption decree.
(2) The petitioner must submit to the court one or more of the following to verify the foreign adoption:
(i) an immigrant visa for the child issued by United States Citizenship and Immigration Services of the U.S. Department of Homeland Security that was valid at the time of the child’s immigration;
(ii) a decree, judgment, certificate of adoption, adoption registration, or equivalent court order, entered or issued by a court of competent jurisdiction or administrative body outside the United States, establishing the relationship of parent and child by adoption; or
(iii) such other evidence deemed satisfactory by the court.
(3) The child’s immigrant visa shall be prima facie proof that the adoption was established in accordance with the laws of the foreign jurisdiction and met United States requirements for immigration.
(4) If the petitioner submits documentation that satisfies the requirements of paragraph (2), the court shall not appoint a guardian ad litem for the minor who is the subject of the proceeding, shall not require any further termination of parental rights of the child’s biological parents, nor shall it require any home study, investigation, post-placement visit, or background check of the petitioner.
(5) The petition may include a request for change of the child’s name and any other request for specific relief that is in the best interests of the child. The relief may include a request for a revised birth date for the child if supported by evidence from a medical or dental professional attesting to the appropriate age of the child or other collateral evidence.
(6) Two adoptive parents who adopted a minor child together in a foreign country while married to one another may file a petition for adoption to re-adopt the child jointly, regardless of whether their marriage has been dissolved. If either parent whose marriage was dissolved has subsequently remarried or entered into a civil union with another person, the new spouse or civil union partner shall not join in the petition to re-adopt the child, unless the new spouse or civil union partner is seeking to adopt the child. If either adoptive parent does not join in the petition, he or she must be joined as a party defendant. The defendant parent’s failure to participate in the re-adoption proceeding shall not affect the existing parental rights or obligations of the parent as they relate to the minor child, and the parent’s name shall be placed on any subsequent birth record issued for the child as a result of the re-adoption proceeding.
(7) An adoptive parent who adopted a minor child in a foreign country as an unmarried person may file a petition for adoption to re-adopt the child as a sole petitioner, even if the adoptive parent has subsequently married or entered into a civil union.
(8) If one of the adoptive parents who adopted a minor child dies prior to a re-adoption proceeding, the deceased parent’s name shall be placed on any subsequent birth record issued for the child as a result of the re-adoption proceeding.
Note: the following are only small portions of the entire Illinois statute related to consents for an adoption. The remaining portion is voluminous and can be reviewed here or as part of the entire adoption statute.
750 ILCS 50/8(e). Consent
(e) In the case of the adoption of an adult, only the consent of such adult shall be required.
750 ILCS 50/12. Consent of child or adult
If, upon the date of the entry of the judgment the person sought to be adopted is of the age of 14 years or upwards, the adoption shall not be made without the consent of such person. Such consent shall be in writing and shall be acknowledged by such person as provided in Section 10 of this Act, provided, that if such person is in need of mental treatment or is a person with an intellectual disability, the court may waive the provisions of this Section. No consent shall be required under this Section if the person sought to be adopted has died before giving such consent.
750 ILCS 50/14. Judgment
(a) Prior to the entry of the judgment for order of adoption in any case other than an adoption of a related child or of an adult, each petitioner and each person, agency, association, corporation, institution, society or organization involved in the adoption of the child, except a child welfare agency, shall execute an affidavit setting forth the hospital and medical costs, legal fees, counseling fees, and any other fees or expenditures paid in accordance with Section 12C-70 of the Criminal Code of 2012.
(b) Before the entry of the judgment for adoption, each child welfare agency involved in the adoption of the child shall file an affidavit concerning the costs, expenses, contributions, fees, compensation, or other things of value which have been given, promised, or received including but not limited to hospital and medical costs, legal fees, social services, living expenses, or any other expenses related to the adoption paid in accordance with the Adoption Compensation Prohibition Act or Section 12C-70 of the Criminal Code of 2012.
If the total amount paid by the child welfare agency is $4,500 or more, the affidavit shall contain an itemization of expenditures.
If the total amount paid by the child welfare agency is less than $4,500, the agency may file an unitemized affidavit stating that the total amount paid is less than $4,500 unless the court, in its discretion, requires that agency to file an itemized affidavit.
(c) No affidavit need be filed in the case of an adoption of a related child or an adult, nor shall an affidavit be required to be filed by a non-consenting parent, or by any judge, or clerk, involved in an official capacity in the adoption proceedings.
(d) All affidavits filed in accordance with this Section shall be under penalty of perjury and shall include, but are not limited to, hospital and medical costs, legal fees, social services, living expenses or any other expenses related to the adoption or to the placement of the child, whether or not the payments are permitted by applicable laws.
(e) Except as provided in subsections (f), (f-1), (f-2), and (f-5), upon the expiration of 6 months after the date of any interim order vesting temporary care, custody and control of a child, other than a related child, in the petitioners, entered pursuant to this Act, the petitioners may apply to the court for a judgment of adoption. Notice of such application shall be served by the petitioners upon the investigating agency or the person making such investigation, and the guardian ad litem. After the hearing on such application, at which the petitioners and the child shall appear in person, unless their presence is waived by the court for good cause shown, the court may enter a judgment for adoption, provided the court is satisfied from the report of the investigating agency or the person making the investigation, and from the evidence, if any, introduced, that the adoption is for the welfare of the child and that there is a valid consent, or that no consent is required as provided in Section 8 of this Act.
(f) A judgment for adoption of a related child may be entered at any time after service of process and after the return day designated therein.
(f-1) A judgment for adoption of an adult may be entered at any time after the adult has consented to the adoption.
(f-2) A judgment for adoption of a child as to whose adoption an Illinois-licensed child welfare agency, or person authorized by law, has the right of authority to consent may be entered at any time after placement and completion of investigation as required by this Act.
(f-5) A standby adoption judgment may be entered upon notice of the death of the consenting parent or upon the consenting parent’s request that a final judgment for adoption be entered. The notice must be provided to the court within 60 days after the standby adoptive parent’s receipt of knowledge of death of the consenting parent or the consenting parent’s request that a final judgment for adoption be entered. If the court finds that adoption is for the welfare of the child and that there is a valid consent, including consent for standby adoption, which is still in effect, or that no consent is required under Section 8 of the Act, a judgment for adoption shall be entered unless the court finds by clear and convincing evidence that it is no longer in the best interest of the child for the adoption to be finalized.
(g) No special findings of fact or certificate of evidence shall be necessary in any case to support the judgment.
(h) Only the circuit court that entered the judgment of the adoption may order the issuance of any contents of the court file or that the original birth record of the adoptee be provided to any persons.
750 ILCS 50/15
The welfare of the child shall be the prime consideration in all adoption proceedings. The court in entering a judgment of adoption shall, whenever possible, give custody through adoption to a petitioner or petitioners of the same religious belief as that of the child.
750 ILCS 50/17. Effect of order terminating parental rights or Judgment of Adoption
After either the entry of an order terminating parental rights or the entry of a judgment of adoption, the natural parents of a child sought to be adopted shall be relieved of all parental responsibility for such child and shall be deprived of all legal rights as respects the child, and the child shall be free from all obligations of maintenance and obedience as respects such natural parents.
I received a copy of my birth certificate in 2012 it listed my dads age but not his name my birth mother claims she wrote his name down they claim they did not omit it. I decided to apply for another one this year and received a letter saying I was not allowed to get more than one. I’ve been scouring the web and find no reference to a limit to one per adoptee – can you help? Anyone?
This is the original birth certificate in Illinois? I’m aware of a five-year time limit in Illinois to request certain information if a birthparent has filed a Denial of Information Exchange (Illinois’ fancy phrase for redaction). But not any kind of once-per-lifetime limit. That makes no sense. I’ll reach out to you by email to get more details if possible.
I am also an adoptee from Illinois, 59 years ago. My sister and I were both adopted together. In 2013, she sent and received her original birth certificate that had our birth father’s information blackened out. Our birth mom has been deceased since 1964 and after all this time, I am sure our birth father is as well. I feel we should now, at our age, be able to have an unaltered original birth certificate. I also believe, we should have full access to the DCFS and adoption files. I am trying to put a family tree together for my grandchildren but the law says I cannot have this information. How cruel. We are the innocent ones who just want to make sense of the missing pieces in our lives. Being an adoptee, you know what I mean.
I over•stand. 1965, The Cradle, Evanston, IL, “where BobHope got his kids,” I was told, a hundred times. I’m not sure if I can emotionally hold it together and enter the IL process, go through it and be denied. Cruel is an understatement.
For those following this issue of a single “lifetime” copy of the OBC in Illinois, an update is here on the post The Myth of the Once-Chance OBC. Illinois acknowledged that a once-per-lifetime limit on a copy of your OBC was “in error.”
Re: father’s age listed but name blank or omitted..
That was same scenario in my husband’s case for OBC requested in 2018. Not sure if birth mother listed it originally and unable to verify, but based upon other circumstances we’ve come to learn we believe she would have also written it down. I have learned recently that it may be due to an archaic law in place in IL at around 1915: https://advancinggenealogist.com/2014/11/legally-omitted/
Three states over the last century allowed no information about the child to be listed on the birth record if the child was born “out of wedlock.” Illinois was one, in addition to North Dakota and the District of Columbia. I’ve seen one of these from DC and it’s wild to see no information about the person who was born. Those laws have since been repealed but there are “blank” original birth certificates still out there, though likely they were later amended, replaced, and sealed after an adoption.
Hi Gregory,
I relinquished my daughter in a private adoption in 2007 in Illinois. Do you know if it’s possible for a birth parent to obtain a copy of their relinquished child’s obc? I’ve never seen anything about this scenario before…
Thanks!
Most states, once the original birth record is sealed, do not allow birth parents to obtain the original birth certificate without a court order. I believe this is the case in Illinois, though it’s not generally an issue I research. The OBC would, however, be available to the birthparents named on the record up until the time the original record is sealed and replaced. That obviously doesn’t help birthparents who wish to obtain a copy later, after the adoption. I personally think it is dumb that a birthparent is unable to obtain a copy of a record they signed and for which they were likely the primary informant. But you may wish to research this further in Illinois and call the department of health to determine what may be available to birthparents.
my brother was adopted in chicago in 1946. as his legal sister is there anyway i can get a copy of his original birth certificate? he is deceased and his original parents and adopting parents are all deceased. my name is paula adam chadsey and his name was henry hervig chadsey.
I was adopted in Chicago in May of 1945. I requested an original birth certificate and was sent a non-certified copy of my original birth certificate. All of the information was inaccurate. How do I get the real original birth certificate?
I really wish we were allowed to have our records from when we were in a Foundlings home. Why can’t we? What was our life like? It is part of our story and an important part yet the state deems it unimportant.
I was born Billy Joe McCool, at home, on the south side of Chicago -July 1961-trying to get medical Information…. if anyone can please help… I’ve tried everything. My adoptive parents adopted me at age 5 from an orphanage. I really need medical info- listed on myheritage if you can help
Billy Joe,
My name is Thomas E. McCool, and we are 2nd-3rd cousins, according to GEDmatch. I already know that you descend from my 2GGF Andrew J. McCool and his second wife, Nancy Ashcraft. They had five sons, but only three survived the Civil War in Texas. I hope that we can narrow the possible ancestors for you with AncestryDNA. I would like to communicate with you via E-mail: genemccool(at)aol(dot)com
I was adopted in IL in 1967 and now live abroad. After 2011 I requested and received a non-certified copy of my original birth certificate, and it turns out my birth father was a citizen of a European country when I was born. I believe this makes me a jus sanguinis citizen of that country as well, and I would like to register my birth there and apply for a passport, but I don’t have any legal, certified document that proves I am my father’s daughter. Can I petition the circuit court to unseal the record and provide me with some document which can be certified which will demonstrate my parentage to a foreign court? Is there anything else I can do?
My friend is looking for her birth parents, she was born in princeton Illinois may 11 1957, I’m praying her birth family sees this, you may contact me at the email below I will get the information to her, she needs to know where she came from thank you
Has your friend applied for information from the Illinois Adoption Registry and Medical Information Exchange (IARMI), specifically for her original birth certificate? The form for doing that is here.
So I live in Illinois and was born in 93. I was adopted by my aunt at some point and I have an amended birth certificate. I unfortunately lost my original one listing my birth parents though. Would there be a way for me to request an original copy of my birth certificate due to the open nature of the adoption?
I was born in St. Clair County, Ill August 1959. I’ve been told my bio father is who I thought was my uncle and Uncle is my adopted father. All parents and spouses are deceased.
I contacted a St Clair County judge in charge of adoptions a few years ago. He responded that he found no adoption records for me at all. I have a letter and canceled check from St Clair County Court from 1959 that my adoptive parents paid for the adoption.
My aunt on bio moms side confirms the story but I would like the origional birth certificate as proof.
Is there now another way to find the origional certificate? Is there a way to find the adoption records?
Jan 4, 2022
Hello – I would like to obtain a copy of my original birth certificate: Chicago, Cook County, Feb 24, 1946. I was adopted under the name of Bonelli. I knew my birth mother as auntie. As you can surmise from the age (soon to be 76) both birth and adoptive parents are deceased. Whenever I apply for a copy of my original birth cert. I am sent copy that was created following the adoption. I know the names of both birth parents.
My father was born in Illinois in 1932. His birth father was not listed on his original birth certificate obtained through IDPH (I am his daughter). Oral family history (my mother, now deceased) was that my father was adopted by his stepfather shortly before leaving for military service (about 1950). Am I able to obtain a copy of the adoption record?
Thank you for your time.
Respectfully,
Mary
I don’t practice law in Illinois so can’t provide legal advice, but I can provide some general information to point you in the right direction.
In Illinois you can apply for a parent’s original pre-adoption birth record. There are some restrictions for release of OBCs in the state, as indicated above. The form to apply is here.
More information about the overall process is here, though Illinois has created an overly complex description of available resources. If a person simply wants a parent’s original birth certificate (pre-adoption), it’s available using the request form.