Purpose of the Bill

This bill aims to clarify the court procedures related to changing personal details on vital records in Minnesota, specifically focusing on changes concerning an individual's name and sex. It provides clear guidelines for how such changes can be officially recorded and under what circumstances they may be permitted or denied.

Main Provisions

• Application Process:

  • Individuals residing in Minnesota for at least six months can apply to change their name or sex via district court.
  • For a change of sex on official records, the applicant must provide a letter from a licensed physician confirming they have received or are undergoing clinical gender transition treatment.
  • Applicants must appear in court with at least two witnesses to prove identity.

• Court's Role:

  • The court will grant the application unless there's intent to defraud or the change is not in the best interests of a minor child (for children’s name changes).
  • If the application to change an individual’s sex is approved, the Department of Health is instructed to amend the birth record as needed.

• Fees and Documentation:

  • Fees must be paid to the county recorder and court administrator before issuing certified copies of name change orders.
  • Applicants must file the order in the judgment book and, if land interests are involved, with the county recorder.

• Criminal History Checks:

  • The court will check for any criminal history of the applicant. If any history exists, both the court and applicant must report the name change to the Bureau of Criminal Apprehension within ten days.

• Exemptions:

  • The criminal history checking and reporting provision do not apply to name changes related to marriage or its dissolution.

Significant Changes to Existing Law

• This bill formalizes the requirement for medical documentation for changing the sex on official records, which was not previously outlined.
• It introduces a process for addressing and verifying criminal history, which includes the obligation for both the court and the applicant to report the name change to authorities, adding a layer of accountability.
• The bill specifies that marital status does not affect the eligibility for applying for a name or sex change.

Relevant Terms

• Gender transition, court procedure, vital records, district court, name change, sex change, medical certification, criminal history check, Minnesota Statutes.