SF 3512

as introduced - 94th Legislature (2025 - 2026) Posted on 05/15/2025 09:09am

A bill for an act
relating to health records; changing, removing and adding sex indicator on birth
records; 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] SEX INDICATOR BIRTH RECORD REPLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Amendment to birth record. new text end

new text begin The subject of a birth record may request
the commissioner change, remove, or add the sex indicator if none exists on the subject's
birth record. If the subject of the birth record is 18 years of age or older or has status of
emancipated minor, the commissioner shall consider the request to replace the birth record.
If the subject of the birth record is a minor or an incapacitated person, then a parent, guardian,
or legal representative of the minor or incapacitated person may make the request on behalf
of the subject of a birth record.
new text end

new text begin Subd. 2. new text end

new text begin Documentation required. new text end

new text begin (a) A person making a request under this section
must submit all forms and fees required by the commissioner and provide acceptable
documentation in support of the request. Acceptable documentation includes but is not
limited to:
new text end

new text begin (1) a written statement from a provider of medical services the requested change is
appropriate in the provider's 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 subject of the birth record or by the parent or legal
guardian of the minor who is the subject of the birth record that the request is not based on
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 (b) A request submitted and accompanied by one or more forms of acceptable
documentation identified in paragraph (a) shall be presumed to be made in good faith. If
this presumption is not otherwise overcome, the commissioner shall grant the request.
new text end

new text begin Subd. 3. new text end

new text begin Court records. new text end

new text begin A subject of a birth record may file a petition in district court
to change, remove, or add, if none exists, a sex indicator to the subject's birth record. If the
subject 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 indicator on a birth record irrespective of the jurisdiction in which
the original birth certificate was issued. The court shall issue an order to replace the birth
record under this section upon a finding that the request is not based on an intent to defraud
or mislead and is made in good faith and, if the subject of the birth record 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 replaced the birth record, the commissioner shall notify the requestor. Upon replacement
of a birth record under this section, any previous birth record including 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 a court order.
new text end