HF3758

Purpose

• The bill aims to limit changes to a minor’s birth record related to sex. It adds rules about when a replacement birth record can show a different sex than what is in the original birth record, and it reinforces the process for amending or correcting vital records.

Main provisions

• New provision to 144.218 (Subd. 5a): Modifying sex indicated in original birth record

  • For birth records of people under 18, the state registrar or a local registrar must not register a replacement birth record that shows a different sex than the sex indicated in the original birth record.
  • Exception: A replacement birth record may show a different sex if the sex indicated in the original birth record was recorded in error and the change is necessary to correct that error.
  • This rule overrides other rules for birth records under 18, except as provided in the exception above.

• Amendment and correction of vital records (Section 144.2181)

  • Vital records can be amended or corrected only according to the stated statutes (144.212 to 144.227) and the health department’s rules to protect accuracy and integrity.
  • Any amended vital record must indicate that it has been amended, unless otherwise allowed by rule.
  • Electronic documentation must be kept by the state registrar, showing:
  • The evidence used for the amendment or correction
  • The date of the amendment or correction
  • The identity of the authorized person making the change
  • Name changes:
  • If a court order changes a name for someone whose birth is registered in Minnesota, and the person is 18 or older (or an emancipated minor), the state registrar must amend the birth record to show the new name.
  • If the person is a minor or incapacitated, a parent, guardian, or legal representative may request the name change being reflected on the birth record.
  • If an applicant does not provide the minimum required documentation, or if the registrar questions the validity or completeness of statements or evidence and deficiencies are not corrected, the registrar must not amend the record.
  • The registrar must inform the applicant of the reason and the right to appeal to a court with jurisdiction over the Department of Health.
  • For amendments to the sex indicator for a person under 18: the registrar must not amend the sex indicated unless the original sex was recorded in error and the amendment is necessary to correct that error.

Significant changes to existing law

• Introduces a strict rule that generally prevents changing a minor’s birth sex on a replacement birth record, unless there was an original error in the sex entry and correcting it is necessary.
• Reinforces that amendments and corrections of vital records follow formal statutes and department rules, with explicit documentation requirements and an appeal pathway.
• Clarifies the process for legally changing a name on a birth record after a court order, including who may request the change for minors and incapacitated individuals.
• Adds a requirement for electronic records showing the basis for amendments, enhancing traceability and accountability.

Practical impact (in plain terms)

• Minors: The sex listed on a minor’s birth record is generally not allowed to be changed in a replacement record, unless the original entry was in error.
• Adults or emancipated minors: If a court changes a name, the birth record can be updated to reflect the new name.
• All birth records: Any amendments must be well-documented and verifiable, with a clear record of evidence and who made the change; there are formal steps and an option to appeal if something is denied.

Relevant Terms - birth record - original birth record - sex indicated - replacement birth record - under 18 / minors - state registrar - local registrar - amendment - correction - vital records - evidence - date of amendment/correction - identity of authorized person - court order - name change - emancipated minor - minimum documentation - appeal - Minnesota Statutes 144.212 to 144.227 - 144.218 - 144.2181