HB 5428 is misleading. The bill’s stated purpose and its final product are diametrically opposed. The bill simply beefs up the current confidential intermediary/registry system that controls adoptee access to their own public records and adds penalties for so-called “misuse” of information from the registry.
1. conflates rights with reunion. It confuses OBC access with contact with a parent. It retains the Illinois Adoption Registry and Medical Exchange (IARME), and currently outsources the registry process to the privately owned Midwest Adoption Center as the OBC gateway; thus, keeping the vital records of the state’s adoptees at the mercy and whim of “confidential intermediaries” and paid “searchers” in an inherently arbitrary system accountable to no one.
2. vacates, though parental disclosure veto power (see #4)
750 ILCS 50/10)
(from Ch. 40, par. 1512) FINAL AND IRREVOCABLE CONSENT TO ADOPTION
4.subjects Unworthies to five subcategories of parental permission. These categories are no based in a public or civil rights /equal protection and treatment paradigmn. but on state-granted privilege. The bill predicates release on a “special right” for parents whose rights were terminated decades ago, which no other parent or adult has: a special right to deny another adult his or her own birth certificate.
5, forces adopted persons who have been denied their birth certificates, to wait FIVE years before they can appeal the decision.
6. levies a minimum $10,000 punitive damage claim, payable to the “sought- after relative against any individual—a CI, state employee, even the adopted person-- who uses information allegedly received from the IARME to identify the relative who has requested “anonymity.” How the source of information is to be determined is anybody’s guess.
7. includes a provision for a massive taxpayer funded public information This cost does not include the cost of retention of separate birth, adoption and registry records, general maintenance of IARME, and outsourced searches which the state has no legal or fiscal responsibility to pursue.
Under normal circumstances, competitive rights and their balancing is a problem only when there is a conflict of rights. Since there is also a presumed right to own one’s birth certificate, and no “right” to anonymity from one’s own offspring, there is nothing that needs balanced.
Please make that that “basic right” a reality and come back with a real OBC access bill that treats all of