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Adoption and Birth Certificates

adoption-and-birth-certificates-Illinois.jpgAdoption brings together a child in need of parents and individuals who are willing to meet that need. As a result, adoptions are very beneficial for both children and parents. However, due to the different nature of adoption, there are unique issues related to the child's birth certificate.

Requesting a Copy of a Birth Certificate

Under Illinois law, an adult adoptee (considered a person 21 years of age or older) can request a non-certified copy of his or her original birth certificate. Further, this law allows the biological parents of a child placed for adoption to specify whether they would like to be available in the event the child wishes to contact them. Biological parents can also make their identifying information available.

In order to request an original birth certificate, the individual must fill out a Request for a Non-Certified Copy of Original Birth Certificate. This form must be submitted with a copy of a valid government-issued photo ID and a check or money order for $15 to the Illinois Department of Public Health (Department).

Birth Record and Record of Foreign Birth

Parents who adopt a child may wish to create a new birth record for their adopted child. This can be accomplished when the child was born and adopted in Illinois. A copy of either the Illinois Certificate of Adoption or the decree or judgment of the adoption must be filed with the Department. The following information must also be provided:

  1. Complete name and address of the adoptive parents (including last name prior to marriage);
  2. Date of birth of the adoptive parents;
  3. Place of birth of the adoptive parents;
  4. Street address of the adoptive mother at the time of the child's birth; and
  5. Current legal name of adoptive parents and whether they are either married or in a civil union.

It is important to note that Illinois is a closed state—once the adoption is finalized, the original birth record that lists the child's biological parents, along with all associated documents, is sealed in the Department.

A process that is not required in Illinois involves the re-adoption of a foreign-born child, which confirms the foreign adoption decree. In order to do this, the adoptive parents petition the court for a re-adoption. The petition can request a change in the child's name. This process formally documents the relationship between the parent and the child under U.S. and Illinois law.

If parents do not want to re-adopt and are Illinois residents, the State Registrar of Vital Records may make and file an Administrative Record of Foreign Birth. Required documentation for this record includes:

  1. Certified copy of foreign birth record with a certified translation into English;
  2. Certified copy of foreign adoption decree with a certified translation into English;
  3. Copy of the child's passport with IR-3 or IH-3 visa; and
  4. Name and address of the adoption agency that handled the adoption.

Adoption Help

For more information related to all aspects of domestic and international adoption, please contact an experienced Illinois family law attorney today. At MKFM Law, we look forward to hearing from you and discussing how we can help you grow your family. Call us today at 630-665-7300.

Sources:

http://www.ilga.gov/ legislation/ilcs/ilcs3.asp? ActID=2098&ChapterID=59

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1573&ChapAct=410%20ILCS%20535/&ChapterID=35&ChapterName=PUBLIC%20HEALTH&ActName=Vital%20Records%20Act%22

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