Birth record amendments and replacement birth records that modify the sex indicated in a person's original birth record prohibited.

A bill for an act

relating to health; prohibiting birth record amendments and replacement birth

records that modify the sex indicated in a person's original birth record; amending

Minnesota Statutes 2024, sections 144.218, by adding a subdivision; 144.2181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 144.218, is amended by adding a subdivision

to read:

new text begin

Subd. 5a.

new text end

new text begin

Modifying sex indicated in original birth records.

new text end

new text begin

(a) Notwithstanding

subdivisions 4 and 5 and except as provided in paragraph (b), the state registrar or a local

registrar must not register a replacement birth record in which the sex of the birth record

subject is different from the sex indicated in the subject's original birth record.

new text end

new text begin

(b) The state registrar or a local registrar may register a replacement birth record in

which the birth record subject's sex is different from the sex indicated in the subject's original

birth record if the sex indicated in the subject's original birth record was recorded in error

and the change is necessary to correct the error.

new text end

Sec. 2.

Minnesota Statutes 2024, section 144.2181, is amended to read:

144.2181 AMENDMENT AND CORRECTION OF VITAL RECORDS.

(a) A vital record registered under sections
144.212
to
144.227
may be amended or

corrected only according to sections
144.212
to
144.227
and rules adopted by the

commissioner of health to protect the integrity and accuracy of vital records.

(b)(1) A vital record that is amended under this section shall indicate that it has been

amended, except as otherwise provided in this section or by rule.

(2) Electronic documentation shall be maintained by the state registrar that identifies

the evidence upon which the amendment or correction was based, the date of the amendment

or correction, and the identity of the authorized person making the amendment or correction.

(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction

changing the name of a person whose birth is registered in Minnesota and upon request of

such person if 18 years of age or older or having the status of emancipated minor, the state

registrar shall amend the birth record to show the new name. If the person is a minor or an

incapacitated person then a parent, guardian, or legal representative of the minor or

incapacitated person may make the request.

(d) When an applicant does not submit the minimum documentation required for

amending a vital record or when the state registrar has cause to question the validity or

completeness of the applicant's statements or the documentary evidence, and the deficiencies

are not corrected, the state registrar shall not amend the vital record. The state registrar shall

advise the applicant of the reason for this action and shall further advise the applicant of

the right of appeal to a court with competent jurisdiction over the Department of Health.

new text begin

(e) The state registrar or a local registrar must not amend the sex indicated in a person's

birth record, unless the sex indicated in the person's original birth record was recorded in

error and the amendment is necessary to correct the error.

new text end