SF5300

Purpose

• The bill aims to allow people to request changes to sex indicators on birth and death records, and to amend marriage records to reflect changes in gender or legal name. It also makes changes to how these records are handled, stored, and disclosed, with added privacy protections for replaced records.

What it would change for birth records

• Definitions: A “sex indicator” is a marker that identifies the sex of the person and can be not exclusively male or female.
• Who can request changes: If the birth record subject is 18+ (or an emancipated minor), they can request a change. If the subject is a minor or incapacitated, a parent, guardian, or legal representative can request on their behalf.
• How to request: Must submit required forms, fees, and documentation. Acceptable documentation includes a medical provider statement, a court order from another state or Minnesota, or a sworn statement that the request is in good faith and in the minor’s best interest if applicable.
• Presumption of good faith: A submission with acceptable documentation is presumed to be made in good faith; the agency must grant the request unless this presumption is overcome.
• Court process: A district court can also order the change if needed, regardless of where the original birth certificate was issued, with similar good-faith and best-interest findings.
• Indicators offered: The agency must provide at least three sex indicators to choose from, including an X marker.
• Privacy: After replacement, the original birth record and any previous records become private data and cannot be disclosed except by court order.

What it would change for death records

• Health care decision role: A health care agent (or another authorized person if no health care agent exists) can request a change or addition of a sex indicator on the death record.
• Documentation: Similar documentation standards as birth records (with health care directives or court orders optional depending on who makes the request).
• Presumption of good faith: As with birth records, documentation provided creates a presumption of good faith.
• Court process: A district court can order the change, regardless of the jurisdiction of the original death certificate, with findings that the request is in good faith.
• Indicators offered: At least three sex indicators, including an X option.
• Privacy: Replaced death records and any prior records become private data and are not publicly disclosed except by court order.

Changes to marriage records and related processes

• Civil marriage license application: The application form must include detailed information, such as full names, addresses, ages/dates of birth, prior marriages, relationships, and the address for notices after marriage. It also requires the parties’ full names after marriage and the parties’ Social Security numbers (SSNs) for collection, though SSNs may not appear on the license itself; if a party lacks an SSN, they must certify that fact.
• Name changes in marriage: If a party has a felony conviction, they may not change their name through the marriage process and must use the separate process to change a name; using an unapproved name after marriage may be treated as a gross misdemeanor if done outside authorized processes.
• Marriage certificate details: The certificate must include the names before and after marriage, birth dates, residence information, and signatures of the parties and at least two witnesses (ages 16+). The officiant must file the certificate with the local registrar within five days, and the registrar must record it in county civil marriage records.
• Amendment of marriage records: To amend a marriage record, a person must submit an affidavit stating the reason and supporting documentation. A local registrar may amend if the documentation shows an error or updates a party’s legal name or gender. The registrar must retain the affidavit and documentation and may not amend if documentation is missing or its validity is questionable. A party may request a written statement certifying a documented marriage.
• Privacy of amended records: Once a marriage record is amended, any previous marriage record is private data and not publicly disclosed except by court order.

Data handling and administration

• Replacement records: For birth, death, and marriage records, replaced records and any prior versions become private data, not public, with disclosure limited to court orders or other lawful access.
• Overall impact: The bill expands how birth and death records can reflect gender markers (including non-binary options like X), expands who can request changes, and strengthens privacy protections around historical records. It also tightens and formalizes procedures for updating marriage records and limits certain name changes tied to criminal history.

Significant changes to existing law

• Adds non-binary or non-exclusive sex indicators as valid options on birth and death records.
• Enables health care decision-makers to initiate changes to death records and expands who can request changes when no health care agent exists.
• Requires more comprehensive information on marriage license applications, including handling of SSNs and restrictions related to felony convictions for name changes.
• Allows amendments to marriage records based on identified errors or updated legal names/genders, with strong privacy protections for prior records.

Relevant Terms - sex indicator, birth record, death record, X indicator, gender marker, health care agent, health care directive, court order, private data on individuals, good faith, minor, emancipated minor, incapacitated person, district court, local registrar, civil marriage license, affidavit, documentation, legal name, gender, felony conviction, name change, marriage record, amendment.