HF 2663

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 04:24pm

A bill for an act
relating to vital records; authorizing change of sex on original birth certificates;
proposing coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.2182] CHANGE OF SEX.
new text end

new text begin Subdivision 1. new text end

new text begin Request to make change. new text end

new text begin A person whose birth is registered in Minnesota
may request that the commissioner change or remove the sex, if any, assigned to that person
on the person's original birth certificate. If the person is a minor, a parent or guardian may
make the request on behalf of the minor.
new text end

new text begin Subd. 2. new text end

new text begin Documentation required. new text end

new text begin A person making a request under this section must
submit any forms or fees required by the commissioner and provide acceptable documentation
to satisfy to the commissioner that granting the request will not harm the integrity and
accuracy of vital records. Acceptable documentation includes but is not limited to:
new text end

new text begin (1) a written statement from a provider of medical services that the requested change is
appropriate in their medical opinion;
new text end

new text begin (2) a certified copy of a court order from a court of competent jurisdiction in this or
another state granting the requested change; or
new text end

new text begin (3) a sworn statement provided by the person who is the subject of the birth certificate,
or by the parent or guardian of the minor who is the subject of the birth certificate, that the
request is not based upon 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.
new text end

new text begin Subd. 3. new text end

new text begin Court orders. new text end

new text begin A person may file a petition in district court to change or remove
the sex assigned on their original birth certificate. If the person is a minor, a parent or
guardian may file a petition on behalf of the minor. The court shall consider petitions filed
by persons over whom the court has jurisdiction for an order granting a change of sex on
an original birth certificate irrespective of the jurisdiction in which the original birth
certificate was issued. The court shall issue an order under this section upon a finding that
the request is not based upon an intent to defraud or mislead and is made in good faith and,
if the subject of the birth certificate is a minor, that the change is in the minor's best interest.
new text end

new text begin Subd. 4. new text end

new text begin Records sealed. new text end

new text begin When the commissioner has received the necessary information
and made the requested change on the birth certificate, the commissioner shall provide a
certified copy of the corrected birth certificate to the person requesting the change. Upon
issuance of a corrected birth certificate under this section, the original record of birth shall
be classified as confidential data pursuant to section 13.02, subdivision 3, and shall not be
disclosed except pursuant to court order or section 144.2252.
new text end