SF 3018

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/28/2025 09:44 a.m.

A bill for an act
relating to civil law; clarifying the court procedure for a change of sex to vital
records; amending Minnesota Statutes 2024, sections 259.10, subdivision 1; 259.11.

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

Section 1.

Minnesota Statutes 2024, section 259.10, subdivision 1, is amended to read:

Subdivision 1.

Procedure.

A person who shall have resided in this state for six months
may apply to the district court in the county where the person resides to change the person's
name new text begin or sex new text end , the names of minor children, if any, and the name of a spouse, if the spouse
joins in the application, in the manner herein specified. The person shall state in the
application the name and age of the spouse and each of the children, if any, and shall describe
all lands in the state in or upon which the person, the children and the spouse if their names
are also to be changed by the application, claim any interest or lien, and shall appear
personally before the court and prove identity by at least two witnesses. new text begin If the application
requests a change of the individual's sex, the individual must provide a letter from a licensed
physician certifying the individual has already received, or is currently receiving, clinical
treatment for gender transition. new text end If the person be a minor, the application shall be made by
the person's guardian or next of kin. The court shall accept the certificate of dissolution
prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the
certificate and may not require the person to provide the court a copy of the judgment and
decree of dissolution. Every person who, with intent to defraud, shall make a false statement
in any such application shall be guilty of a misdemeanor provided, however, that no minor
child's name may be changed without both parents having notice of the pending of the
application for change of name, whenever practicable, as determined by the court.

Sec. 2.

Minnesota Statutes 2024, section 259.11, is amended to read:

259.11 ORDER; FILING COPIES.

(a) Upon meeting the requirements of section 259.10, the court shall grant the application
unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
granting the name change; or (3) in the case of the change of a minor child's name, the court
finds that such name change is not in the best interests of the child. The court shall set forth
in the order the name and age of the applicant's spouse and each child of the applicant, if
any, and shall state a description of the lands, if any, in which the applicant and the spouse
and children, if any, claim to have an interest. new text begin If the court grants the application to change
an individual's sex, the court shall direct the Department of Health to replace the birth record
or any applicable vital records agency to amend the birth record of the individual. new text end The court
administrator shall file such order, and record the same in the judgment book. If lands be
described therein, a certified copy of the order shall be filed for record, by the applicant,
with the county recorder of each county wherein any of the same are situated. Before doing
so the court administrator shall present the same to the county auditor who shall enter the
change of name in the auditor's official records and note upon the instrument, over an official
signature, the words "change of name recorded." Any such order shall not be filed, nor any
certified copy thereof be issued, until the applicant shall have paid to the county recorder
and court administrator the fee required by law. No application shall be denied on the basis
of the marital status of the applicant.

(b) When a person applies for a name change, the court shall determine whether the
person has a criminal history in this or any other state. The court may conduct a search of
national records through the Federal Bureau of Investigation by submitting a set of
fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is
determined that the person has a criminal history in this or any other state, the court shall,
within ten days after the name change application is granted, report the name change to the
Bureau of Criminal Apprehension. The person whose name is changed shall also report the
change to the Bureau of Criminal Apprehension within ten days. The court granting the
name change application must explain this reporting duty in its order. Any person required
to report the person's name change to the Bureau of Criminal Apprehension who fails to
report the name change as required under this paragraph is guilty of a gross misdemeanor.

(c) Paragraph (b) does not apply to:

(1) a request for a name change as part of an application for a marriage license under
section 517.08;

(2) a request for a name change in conjunction with a marriage dissolution under section
518.27; or

(3) a request for a name change filed under section 259.14.