Purpose of the Bill

The bill aims to allow individuals to request changes to the sex indicator on their birth records in Minnesota. This includes the options to change, remove, or add a sex indicator if one does not already exist.

Main Provisions

• Eligibility to Request Changes: Individuals who are 18 years or older, or emancipated minors, can directly request changes. For minors or incapacitated persons, a parent, guardian, or legal representative can make the request on their behalf.

• Documentation Requirements: To make a request, the individual must submit necessary forms, pay required fees, and provide supporting documentation. This documentation may include:

  • A statement from a medical service provider affirming the appropriateness of the change.
  • A court order from Minnesota or another state approving the change.
  • A sworn statement by the individual or their guardian that assures the request is genuine, not fraudulent, and in the best interest of a minor, if applicable.

• Presumption of Good Faith: Requests supported by the necessary documentation are presumed to be made in good faith. If this presumption is not challenged, the request will be granted.

• Court Petitions: Individuals may file a petition in district court to change, remove, or add a sex indicator. Courts can authorize these changes regardless of where the original birth certificate was issued, provided the request is not fraudulent and is delivered in good faith.

• Sealing of Records: Once a birth record is updated, the old record is sealed and classified as confidential, only accessible by court order.

Significant Changes to Existing Law

This bill introduces the ability for individuals to officially change their sex indicator on birth records through a straightforward administrative process or through the court. It formally codifies in Minnesota law the process for handling such changes and ensures the confidentiality of the original birth records after modifications are made.

Relevant Terms

• Sex indicator
• Birth record changes
• Emancipated minor
• Good faith
• Court order
• Medical statement
• Confidential records