HF5152

Purpose

This bill would create new processes for updating sex indicators on birth and death records, allow changes to marriage records to reflect updated names or gender, and modify related marriage license and certification procedures. The aim is to let individuals have official records that better reflect their sex/gender identity and legal names, while adding guardrails to protect privacy and ensure good-faith actions.

Key Provisions

• Birth records: amendment to add or change sex indicators

  • Who can request: If the person is 18 or older (or an emancipated minor), the subject may request a change. If the subject is a minor or incapacitated, a parent, guardian, or legal representative may submit the request.
  • Documentation: Applicants must submit required forms, fees, and acceptable documentation such as a provider's statement that the change is appropriate, a court order, or a sworn good-faith statement (and, for minors, confirmation it’s in the minor’s best interest). A good-faight presumption applies with supporting docs.
  • Court process: The subject or a guardian can petition a district court to change or add a sex indicator to a birth record, with the court’s approval based on good faith and the minor’s best interest (if applicable).
  • Minimum indicators: The state would provide at least three options for sex indicators, including an option for X.
  • Privacy: Once a birth record is replaced, the old birth record becomes private data and is largely not disclosed except by court order.

• Death records: amendment to add or change sex indicators

  • Who can request: A health care agent authorized to make health care decisions for the subject may request the change. If there is no health care agent, another authorized person may petition as provided.
  • Documentation: Similar to birth records, with specific health care-related definitions (health care agent and health care directive) and allowed documentation (provider statement, court order, sworn good-faith statement, or health care directive).
  • Court process: Petitions to change a death record are considered in a district court, regardless of where the original death certificate was issued, with a finding of good faith.
  • Minimum indicators: At least three options, including X.
  • Privacy: The old death record becomes private data after replacement, with disclosures limited to court orders.

• Marriage records and related processes

  • Amendments to civil marriage license applications
  • The application form must include full names, addresses, ages, birth dates, whether parties have been previously married, where to send a certified copy, the post-marriage names, and Social Security numbers (though SSNs must not appear on the license). If a party lacks a Social Security number, they must certify that fact. If a party has a Minnesota or other jurisdiction felony conviction, that party may not change their name through the marriage process and must follow a separate name-change process.
  • Marriage certificate and recording
  • The person solemnizing the marriage must sign a certificate with the parties’ names before and after, birth dates, residences, and signatures of both parties and at least two witnesses. The certificate must be filed with the local registrar within five days, and the registrar will record it in the county’s civil marriage records.
  • Amendment of marriage records
  • To amend a marriage record for an error or to update a party’s legal name or gender, an affidavit and supporting documentation must be submitted to the local registrar. The registrar may amend if the documents show an error or support a name/gender update. The registrar must keep the documentation and note the amendment date and the affected party’s legal name. The registrar must not amend if documentation is missing or if the validity of the affidavit is questionable.
  • A party providing documentation may request a written statement certifying that two parties have a documented marriage.
  • After amendment, the previous marriage record is private data, not to be disclosed except by court order.

Significant Changes to Existing Law

• Establishes explicit, court-backed procedures to add or change sex indicators on birth and death records, including a new minimum of three indicator options (including X) and privacy protections for replaced records.
• Creates a formal process to amend marriage records to reflect changes in legal name or gender, with documentation requirements, retention of records, and privacy protections for prior records.
• Expands data practices around who can request changes and under what circumstances, and tightens conditions under which information can be disclosed.

Implementation Notes

• The bill references changes to several Minnesota Statutes (sections 517.08, 517.10, and 517.103) and sections related to privacy of data (private data on individuals).
• It uses the term “sex indicator” to describe the marker on birth, death, and related records, with explicit inclusion of a non-binary option (X).

Potential Impacts and Considerations

• Increases official recognition of gender identity on vital records and marriage documents, with privacy protections for prior records.
• Adds safeguards to combat fraud through good-faith presumptions and documented evidence.
• Creates formal pathways for courts to review changes, which may affect families and individuals seeking record updates.

Relevant Terms - sex indicator - birth record - death record - amendment - good faith - fraud - minor - emancipated minor - health care agent - health care directive - X indicator - private data on individuals - court order - documentation - provider of medical services - affidavit - district court - local registrar - civil marriage license - marriage certificate - gender - legal name - felony conviction - Minnesota Statutes (517.08, 517.10, 517.103) - data practices