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UNIFORM
ADOPTION ACT
Adoptee
as Eternal Child
ARTICLE 6. RECORDS OF ADOPTION PROCEEDING: RETENTION, CONFIDENTIALITY, AND ACCESS
SECTION 6-101. RECORDS DEFINED. Unless the context requires otherwise, for purposes of this Article, "records" includes all documents, exhibits, and data pertaining to an adoption.
SECTION 6-102. RECORDS CONFIDENTIAL, COURT RECORDS SEALED.
(a) All records, whether on file with the court, or in the possession of an agency, the [Registrar of Vital Records or Statistics], a lawyer, or other provider of professional services in connection with an adoption, are confidential and may not be inspected except as provided in this [Act].
(b) During a proceeding for adoption, records are not open to inspection except as directed by the court.
(c) Within 30 days after a decree of adoption becomes final, the clerk of the court shall send to the [Registrar], in addition to the report of adoption required by Section 3-801, a certified copy of any document signed pursuant to Section 2-404(e) and filed in the proceeding for adoption.
(d) All records on file with the court must be retained permanently and sealed for 99 years after the date of the adoptee's birth. Sealed records and indices of the records are not open to inspection by any person except as provided in this [Act].
(e) Any additional information about an adoptee, the adoptee's former parents, and the adoptee's genetic history that is submitted to the court within the 99-year period, must be added to the sealed records of the court. Any additional information that is submitted to an agency, lawyer, or other professional provider of services within the 99-year period must be kept confidential.
SECTION 6-105. ACTION FOR DISCLOSURE OF INFORMATION.
(a) To obtain information not otherwise available under Section 6-103 or 6-104, an adoptee who has attained 18 years of age, an adoptee who has not attained 18 years of age and has the permission of an adoptive parent, an adoptive parent of an adoptee who has not attained 18 years of age, a deceased adoptee's direct descendant who has attained 18 years of age, the parent or guardian of a direct descendant who has not attained 18 years of age, or an adoptee's former parent may file a petition in the court to obtain information about another individual described in this section which is contained in records, including original birth certificates, required by this [Act] to be confidential or sealed.
(b) In determining whether to grant a petition under this section, the court shall review the sealed records of the relevant proceeding for adoption and shall make specific findings concerning:
(1) the reason the information is sought;
(2) whether the individual about whom information is sought has filed a signed document described in Section 2-404(e) or 6-104 requesting that his or her identity not be disclosed, or has not filed any document;
(3) whether the individual about whom information is sought is alive;
(4) whether it is possible to satisfy the petitioner's request without disclosing the identity of another individual;
(5) the likely effect of disclosure on the adoptee, the adoptive parents, the adoptee's former parents, and other members of the adoptee's original and adoptive families; and (6) the age, maturity, and expressed needs of the adoptee.
(c) The court may order the disclosure of the requested information only upon a determination that good cause exists for the release based on the findings required by subsection (b) and a conclusion that
(1) there is a compelling reason for disclosure of the information; and
(2) the benefit to the petitioner will be greater than the harm to any other individual of disclosing the information.
SECTION 7-106. UNAUTHORIZED DISCLOSURE OF INFORMATION.
(a) Except as authorized in this [Act], a person who furnishes or retains a report or records pursuant to this [Act] may not disclose any identifying or nonidentifying information contained in the report or records.
(b) A person who knowingly gives or offers to give or who accepts or agrees to accept anything of value for an unauthorized disclosure of identifying information made confidential by this [Act] is guilty of a [misdemeanor] punishable by a fine of not more than [$ ] or imprisonment for not more than [ ], or both, for the first violation and of a [felony] punishable by a fine of not more than [$ ] or imprisonment for not more than [ ], or both, for each succeeding violation.
(c) A person who knowingly gives or offers to give or who accepts or agrees to accept anything of value for an unauthorized disclosure of nonidentifying information made confidential by this [Act] is subject to a [civil penalty] not to exceed [$5,000] for the first violation, and not to exceed [$10,000] for each succeeding violation in an action brought by the [State............].
(d) A person who makes a disclosure, that the person knows is unauthorized, of identifying or nonidentifying information from a report or record maintained pursuant to this [Act] is subject to a [civil penalty] not to exceed [$2,500] for the first violation, and not to exceed [$5,000] for each succeeding violation in an action brought by the [State].
(e) The court may enjoin from further violations any person who makes or obtains an unauthorized disclosure and shall refer the person to an appropriate licensing authority for disciplinary proceedings.
(f) In addition to the penalties provided in subsections (b) through (e), an individual who is the subject of any of the information contained in a report or records made confidential by this [Act] may maintain an action for damages or equitable relief against any person who makes or obtains, or is likely to make or obtain, an unauthorized disclosure of the information.
(g) Identifying information contained in a report or records required by this [Act] to be kept confidential or sealed may not be disclosed under any other law of this State.
So, how do you like it? Adoptees, Adoptive Parents, Birthparents, get involved and learn how to fight the U.A.A. The civil rights of future adoptees depends on us!!!
Injustice flag by J. Eubanks
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