Purpose of the Bill

The bill allows individuals to change, remove, or add a sex indicator on their birth records in Minnesota. Its primary aim is to ensure that birth records accurately reflect an individual's gender identity.

Main Provisions

• Eligibility for Amendment: Individuals who are 18 years or older, or emancipated minors, can request changes to their birth record. For minors or those who are incapacitated, a parent or legal guardian can make the request on their behalf.

• Required Documentation: To make a request, individuals must:

  • Submit required forms and fees.
  • Provide acceptable documentation, which can include:
  • A provider's statement that the change is appropriate.
  • A certified court order approving the change.
  • A sworn statement from the individual or their guardian affirming good faith and, for minors, that the change is in their best interest.

• Presumption of Good Faith: Requests with the required documentation are presumed to be made in good faith unless evidence suggests otherwise. The commissioner will grant the request under these conditions.

• Court Petitions: Individuals may file a petition in district court to change or add a sex indicator. The court will grant the request if it finds no intent to defraud and that it is in good faith. For minors, the change must also be in their best interest.

• Confidentiality of Records: Once a birth record is amended, previous versions of the record will be sealed and classified as confidential, only accessible by court order.

Significant Changes

• This bill allows for more flexibility and clarity in the process of modifying the sex indicator on birth records.
• It introduces specific documentation requirements and establishes a presumption of good faith for requests that meet these criteria.
• The amended birth records will be kept confidential, ensuring privacy for individuals making these changes.

Relevant Terms

sex indicator change, birth records amendment, gender identity, legal guardians, court order, confidential records, emancipated minor, medical provider statement.