Text of MN HF 2663 (2022)

Change of sex on original birth certificate authorized.

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1.1 A bill for an act​ 1.2 relating to vital records; authorizing change of sex on original birth certificates;​ 1.3 proposing coding for new law in Minnesota Statutes, chapter 144.​ 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.5 Section 1. [144.2182] CHANGE OF SEX.​ 1.6 Subdivision 1. Request to make change. A person whose birth is registered in Minnesota​ 1.7 may request that the commissioner change or remove the sex, if any, assigned to that person​ 1.8 on the person's original birth certificate. If the person is a minor, a parent or guardian may​ 1.9 make the request on behalf of the minor.​ 1.10 Subd. 2. Documentation required. A person making a request under this section must​ 1.11 submit any forms or fees required by the commissioner and provide acceptable documentation​ 1.12 to satisfy to the commissioner that granting the request will not harm the integrity and​ 1.13 accuracy of vital records. Acceptable documentation includes but is not limited to:​ 1.14 (1) a written statement from a provider of medical services that the requested change is​ 1.15 appropriate in their medical opinion;​ 1.16 (2) a certified copy of a court order from a court of competent jurisdiction in this or​ 1.17 another state granting the requested change; or​ 1.18 (3) a sworn statement provided by the person who is the subject of the birth certificate,​ 1.19 or by the parent or guardian of the minor who is the subject of the birth certificate, that the​ 1.20 request is not based upon an intent to defraud or mislead and is made in good faith and, if​ 1.21 the subject is a minor, that the change is in the minor's best interest.​ 1​ Section 1.​ REVISOR SGS/LG 21-04054​ 04/15/21 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 2663​ NINETY-SECOND SESSION​ 2.1 Subd. 3. Court orders. A person may file a petition in district court to change or remove​ 2.2 the sex assigned on their original birth certificate. If the person is a minor, a parent or​ 2.3 guardian may file a petition on behalf of the minor. The court shall consider petitions filed​ 2.4 by persons over whom the court has jurisdiction for an order granting a change of sex on​ 2.5 an original birth certificate irrespective of the jurisdiction in which the original birth​ 2.6 certificate was issued. The court shall issue an order under this section upon a finding that​ 2.7 the request is not based upon an intent to defraud or mislead and is made in good faith and,​ 2.8 if the subject of the birth certificate is a minor, that the change is in the minor's best interest.​ 2.9 Subd. 4. Records sealed. When the commissioner has received the necessary information​ 2.10 and made the requested change on the birth certificate, the commissioner shall provide a​ 2.11 certified copy of the corrected birth certificate to the person requesting the change. Upon​ 2.12 issuance of a corrected birth certificate under this section, the original record of birth shall​ 2.13 be classified as confidential data pursuant to section 13.02, subdivision 3, and shall not be​ 2.14 disclosed except pursuant to court order or section 144.2252.​ 2​ Section 1.​ REVISOR SGS/LG 21-04054​ 04/15/21 ​