HF 3759

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/26/2026 02:28 p.m.

A bill for an act
relating to health; prohibiting birth record amendments and replacement birth
records that modify the sex indicated in a person's original birth record; amending
Minnesota Statutes 2024, sections 144.218, by adding a subdivision; 144.2181.

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

Section 1.

Minnesota Statutes 2024, section 144.218, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Modifying sex indicated in original birth records. new text end

new text begin (a) Notwithstanding
subdivisions 4 and 5 and except as provided in paragraph (b), the state registrar or a local
registrar must not register a replacement birth record in which the sex of the birth record
subject is different from the sex indicated in the subject's original birth record.
new text end

new text begin (b) The state registrar or a local registrar may register a replacement birth record in
which the birth record subject's sex is different from the sex indicated in the subject's original
birth record if the sex indicated in the subject's original birth record was recorded in error
and the change is necessary to correct the error.
new text end

Sec. 2.

Minnesota Statutes 2024, section 144.2181, is amended to read:

144.2181 AMENDMENT AND CORRECTION OF VITAL RECORDS.

(a) A vital record registered under sections 144.212 to 144.227 may be amended or
corrected only according to sections 144.212 to 144.227 and rules adopted by the
commissioner of health to protect the integrity and accuracy of vital records.

(b)(1) A vital record that is amended under this section shall indicate that it has been
amended, except as otherwise provided in this section or by rule.

(2) Electronic documentation shall be maintained by the state registrar that identifies
the evidence upon which the amendment or correction was based, the date of the amendment
or correction, and the identity of the authorized person making the amendment or correction.

(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction
changing the name of a person whose birth is registered in Minnesota and upon request of
such person if 18 years of age or older or having the status of emancipated minor, the state
registrar shall amend the birth record to show the new name. If the person is a minor or an
incapacitated person then a parent, guardian, or legal representative of the minor or
incapacitated person may make the request.

(d) When an applicant does not submit the minimum documentation required for
amending a vital record or when the state registrar has cause to question the validity or
completeness of the applicant's statements or the documentary evidence, and the deficiencies
are not corrected, the state registrar shall not amend the vital record. The state registrar shall
advise the applicant of the reason for this action and shall further advise the applicant of
the right of appeal to a court with competent jurisdiction over the Department of Health.

new text begin (e) The state registrar or a local registrar must not amend the sex indicated in a person's
birth record, unless the sex indicated in the person's original birth record was recorded in
error and the amendment is necessary to correct the error.
new text end