History of Adoptee Rights in Illinois

Illinois adoption statues were first enacted in 1867. All adoption related records were open to public inspection.

Illinois Revised Statutes 1943, Ch.4-Adoption of Children (p.80 sect 12) reads: "Illegitimacy not to appear in petition or decree. The word "illegitimate" or any words referring to the illegitimacy of the child to be adopted shall not be used in the petition for adoption or the decree of adoption."

Illinois Revised Statutes 1945, Adoption of Children Chapter 4. Article 6, Records Confidential p.81 Sec.6-1. Words prohibited in petition. "The word or words "illegitimate" or "born out of wedlock" shall not be used in any petition of adoption, filed in any decree of adoption entered in any adoption proceeding.

Sec. 6-2. Impounding of papers and records-inspection-certified copies. "Upon motion of any party to the proceeding, the Court shall, or, upon the Court's own motion, the Court may, enter an order that all petitions, decrees and other papers and records relating to the adoption proceeding shall be impounded by the clerk of the court and shall be open for inspection only upon specific order of the court, which order shall name the person or persons who are to be permitted to inspect such papers and records. Certified copies of such papers and records so impounded shall be made only upon like order."

1971. Public Health 410 ILCS 535/17 (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 the 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 the amendatory Act may be corrected accordingly if so requested by the adoptive parents or the adopted person when of legal age."

1981. 750 ILCS 50/18. Records confidential the following parts: (a) 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) 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 the court. The petitioners to the adoption, the attorney of records 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 or court.

After 30 days from the entry of the judgment, 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."

1989. 750 ILCS 50/18. Records Confidential. "All adoption records maintained by each circuit clerk shall be impounded in accordance with the procedures provided by the IL Supreme Court's Genl Administrative Order on Recordkeeping." (This replaced the part of what was enacted into law in 1945 that read: "Upon motion of any party to an adoption proceeding the court shall, or upon the court's own motion the court may, order that the file relating to such proceeding shall be impounded by the clerk of the court and RETROACTIVELY sealed all Illinois adoption records.)

[ Note: The representative who introduced the above new wording stated on the house floor: "This bill is the result of some misunderstanding about the law as it is written, which provided that there had to have been a motion by the court to impound an adoption record. There have been some questions raised. It does nothing to change the current practice. It simply eliminates a possible problem of someone not understanding that adoption records at the current time are impounded."]

1992 750 ILCS 50/18.3a. P.A. 93-189, eff 1-1-04. P.A. 94-173, eff. 1-1-06; P.A. 94-1010, efff. 10-1-06.The Illinois Confidential Intermediary Act. A law allowing adopted adults to petition the court for a confidential intermediary to assist adoptees in locating birth family members. The court-appointed intermediary is the only one allowed to see the adoption records. Birth parents who are located are given 3 alternatives: 1) They desire NO contact with their biological "children." 2) They do not wish any contact but are willing to give medical information to an intermediary. 3) They desire contact with their offspring. The birth parent wishes shall prevail.

Although the original bill has subsequently undergone procedural changes to make it easier for adoptees to use this system, the law does not do anything to address the issue of adoptees' having access to their permanently sealed records.


1993. Adoption Action 50/14 Judgment: "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."

1996. The Universal Adoption Act (UAA) HB 3737 was filed in Illinois in the summer of 1996. The Joint Legislative Committee on Adoption Law and Procedures held several hearings throughout the state. After these hearings, House Representative Patricia Reid Lindner (R 65th district) pulled the bill because of the broad state-wide opposition.

1996. In the fall of 1996 the Illinois Coalition for Truth in Adoption, ICTA, was formed to write a bill giving adopted adults unconditional access to original birth documents. In December, 1996, House Representative Sara Feigenholtz (D-Chgo) sponsored the bill in the House, HB 343; State Senator John Cullerton introduced it in the Senate, SB 600.

This bill would have given all adoptees 18 years and older the unconditional right to receive a copy of their original birth certificates and other adoption documents. The bill would also have given birth parents or adoptive parents the right to access an adopted adult's original or amended birth certificates.

Adoption agencies, as well as the Chicago Bar Association and the Illinois Department of Children and Family Services were strong opponents. The bill died a swift death in both House and Senate committees.

2000. 750 ILCS 50/18.04)
Sec. 18.04. The Illinois Adoption Registry and Medical Information Exchange. A procedure by which mutually consenting adult members of birth and adoptive families, and adult adopted or surrendered persons may voluntarily exchange vital medical information throughout the life of the adopted or surrendered person. The General Assembly supports public policy that requires explicit mutual consent prior to the release of confidential information. The General Assembly further recognizes that it is in the best interest of adopted and surrendered persons that birth family medical histories and the preferences regarding contact of all parties to an adoption be compiled, preserved and provided to mutually consenting members of birth and adoptive families.

(Source: P.A. 94‑173, eff. 1‑1‑06.)