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A bill for an act
relating to records; permitting request to change or add sex indicators on birth and
death records; permitting modifications to marriage records; classifying data;
amending Minnesota Statutes 2025 Supplement, sections 517.08, subdivision 1a;
517.10; 517.103; proposing coding for new law in Minnesota Statutes, chapter
144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.2182] BIRTH RECORD REPLACEMENT; AMENDMENT TO SEX
INDICATOR.
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Subdivision 1.
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Definition.
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For purposes of this section, "sex indicator" means a marker
that identifies the sex of the individual who is the subject of the record, including a marker
that is not exclusively male or female.
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Subd. 2.
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Amendment to birth record.
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The subject of a birth record may request the
commissioner to change or add a sex indicator, if none exists, on the subject's birth record
as provided under this section. If the subject of the birth record is 18 years of age or older
or is an emancipated minor, the commissioner must consider the subject's request to replace
the birth record. If the subject of the birth record is a minor or an incapacitated person, the
parent, guardian, or legal representative of the minor or incapacitated person may submit
the request on behalf of the subject of the birth record.
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Subd. 3.
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Documentation required.
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(a) A person making a request under this section
must submit all forms and fees required by the commissioner and provide acceptable
documentation in support of the request. Acceptable documentation includes but is not
limited to:
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(1) a written statement from a provider of medical services that the requested change is
appropriate in the provider's opinion;
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(2) a certified copy of a court order from a court of competent jurisdiction in this or
another state granting the requested change; or
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(3) a sworn statement provided by the requestor that the request is not based on an intent
to defraud or mislead and is made in good faith and, if the subject is a minor, that the change
is in the minor's best interest.
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(b) A request submitted and accompanied by one or more forms of acceptable
documentation identified in paragraph (a) is presumed to be made in good faith. If this
presumption is not otherwise overcome, the commissioner must grant the request.
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Subd. 4.
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Court records.
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A subject of a birth record may file a petition in district court
to change or add a sex indicator, if none exists, to the subject's birth record. If the subject
is a minor or an incapacitated person, the parent, guardian, or legal representative may file
a petition on behalf of the minor or incapacitated person. The court must consider petitions
filed by persons over whom the court has jurisdiction for an order granting a change of sex
indicator on a birth record irrespective of the jurisdiction where the original birth certificate
was issued. The court must issue an order to replace the birth record under this section upon
a finding that the request is not based on an intent to defraud or mislead and is made in good
faith and, if the subject of the birth record is a minor, that the change is in the minor's best
interest.
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Subd. 5.
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Minimum sex indicators.
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The commissioner must provide at least three sex
indicators as options for a change or addition to a birth record requested under this section,
including a sex indicator that is an "X."
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Subd. 6.
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Notification; data practices.
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When the commissioner has received the necessary
information and replaced the birth record pursuant to this section, the commissioner must
notify the requestor. Upon replacement of a birth record under this section, any previous
birth record, including the original birth record, is classified as private data on individuals,
as defined in section 13.02, subdivision 12, and must not be disclosed, except pursuant to
a court order.
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Sec. 2.
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[144.2183] DEATH RECORD REPLACEMENT; AMENDMENT TO SEX
INDICATOR.
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Subdivision 1.
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Definitions.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Health care agent" has the meaning given in section 145C.01, subdivision 2.
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(c) "Health care directive" has the meaning given in section 145C.01, subdivision 5a.
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(d) "Sex indicator" means a marker that identifies the sex of the individual who is the
subject of the record, including a marker that is not exclusively male or female.
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Subd. 2.
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Amendment to death record.
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A health care agent designated to make health
care decisions on behalf of the subject of a death record may request the commissioner
change or add a sex indicator, if none exists, on the subject's death record. If there is no
health care agent designated to make health care decisions on behalf of the subject of a
death record, any other person authorized to amend a death record may submit a request or
file a petition as provided under this section.
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Subd. 3.
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Documentation required.
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(a) A person making a request under this section
must submit all forms and fees required by the commissioner.
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(b) Unless the person making a request is a health care agent, the person must submit
acceptable documentation in support of the request. Acceptable documentation includes
but is not limited to:
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(1) a written statement from a provider of medical services that the requested change is
appropriate in the provider's opinion;
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(2) a certified copy of a court order from a court of competent jurisdiction in this or
another state granting the requested change;
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(3) a sworn statement provided by the requestor that the request is not based on an intent
to defraud or mislead and is made in good faith; or
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(4) a health care directive.
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(c) A request submitted and accompanied by one or more forms of acceptable
documentation identified in paragraph (b) is presumed to be made in good faith. If this
presumption is not otherwise overcome, the commissioner must grant the request.
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Subd. 4.
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Court records.
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A health care agent or, if there is no designated health care
agent, any other person authorized to amend a death record, may file a petition in district
court to change or add a sex indicator, if none exists, to the subject's death record. The court
must consider petitions filed by persons over whom the court has jurisdiction for an order
granting a change of sex indicator on a death record irrespective of the jurisdiction where
the original death certificate was issued. The court must issue an order to replace the death
record under this section upon a finding that the request is not based on an intent to defraud
or mislead and is made in good faith.
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Subd. 5.
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Minimum sex indicators.
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The commissioner must provide at least three sex
indicators as options for a change or addition to a death record requested under this section,
including a sex indicator that is an "X."
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Subd. 6.
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Notification; data practices.
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When the commissioner has received the necessary
information and replaced the death record pursuant to this section, the commissioner must
notify the requestor. Upon replacement of a death record under this section, any previous
death record, including the original death record, is classified as private data on individuals,
as defined in section 13.02, subdivision 12, and must not be disclosed, except pursuant to
a court order.
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Sec. 3.
Minnesota Statutes 2025 Supplement, section 517.08, subdivision 1a, is amended
to read:
Subd. 1a.
Form.
Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties;
(2) their post office addresses and county and state of residence;
(3) their full ages and dates of birth;
(4)
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if either party has previously been married, the party's married name from the most
recent marriage; the date, place, and court in which the civil marriage was dissolved or
annulled; or the date and
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place of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the
parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;
(8) if one party to the civil marriage license has a felony conviction under Minnesota
law or the law of another state or federal jurisdiction, the party may not change the party's
name through the marriage application process and must follow the process in section
259.13
to change the party's name; and
(9) notice that a party who has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section
259.13
, and that doing so is a gross misdemeanor.
Sec. 4.
Minnesota Statutes 2025 Supplement, section 517.10, is amended to read:
517.10 CERTIFICATE; WITNESSES.
The person solemnizing a civil marriage shall complete and sign a marriage certificate
provided by the local registrar. The certificate shall contain the full names of the parties
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before and
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after the civil marriage, the birth dates of the parties, and county and state of
residences of the parties and the date and place of the civil marriage. The certificate shall
also contain the signatures of the applicants' legal names after marriage and at least two of
the witnesses present at the civil marriage who shall be at least 16 years of age. The person
solemnizing the civil marriage shall immediately make a record of such civil marriage, and
file such certificate with the local registrar of the county in which the license was issued
within five days after the ceremony. The local registrar shall record such certificate in the
county civil marriage records.
Sec. 5.
Minnesota Statutes 2025 Supplement, section 517.103, is amended to read:
517.103 AMENDMENT OF MARRIAGE RECORDS.
(a) To request an amendment of
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an error in
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a marriage record, a person must submit the
following documentation to the local registrar:
(1) an affidavit stating the reason for an amendment of the marriage record; and
(2) documentation supporting the amendment.
(b) A local registrar may amend a marriage record if the local registrar
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:
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(1)
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receives an affidavit and documentation supporting the amendment of a marriage
record
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;
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and
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determines:
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(2) the local registrar determines that
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(1)
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the affidavit and supporting documentation
establish that the marriage record contains an error
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.
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; or
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(2) the affidavit and supporting documentation updates the legal name or gender of a
party.
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(c) The local registrar must retain and maintain an affidavit and documentation upon
which the amendment of a marriage record was based, including the date of the amendment
and the legal name of the authorized person making the amendment.
(d) The local registrar must not amend a marriage record if:
(1) an applicant fails to submit the documentation required for amending a marriage
record; or
(2) the local registrar has reason to question the validity or completeness of the applicant's
affidavit or supporting documentation.
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(e) A party that provides the documentation in this section may request a written statement
from the registrar certifying that two parties have a documented marriage.
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(f) When the local registrar has received the necessary information and amends the
marriage record, the local registrar must notify the subjects of the record, including the
requestor. Upon amendment of a marriage record under this section, any previous marriage
record, including the original marriage record, is classified as private data on individuals,
as defined in section 13.02, subdivision 12, and shall not be disclosed, except pursuant to
a court order.
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