Text of MN HF 2734 (2025)

1.1 A bill for an act​ 1.2 relating to civil law; clarifying the court procedure for a change of sex to vital​ 1.3 records; amending Minnesota Statutes 2024, sections 259.10, subdivision 1; 259.11.​ 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.5 Section 1. Minnesota Statutes 2024, section 259.10, subdivision 1, is amended to read:​ 1.6 Subdivision 1. Procedure. A person who shall have resided in this state for six months​ 1.7 may apply to the district court in the county where the person resides to change the person's​ 1.8 name or sex, the names of minor children, if any, and the name of a spouse, if the spouse​ 1.9 joins in the application, in the manner herein specified. The person shall state in the​ 1.10 application the name and age of the spouse and each of the children, if any, and shall describe​ 1.11 all lands in the state in or upon which the person, the children and the spouse if their names​ 1.12 are also to be changed by the application, claim any interest or lien, and shall appear​ 1.13 personally before the court and prove identity by at least two witnesses. If the application​ 1.14 requests a change of the individual's sex, the individual must provide a letter from a licensed​ 1.15 physician certifying the individual has already received, or is currently receiving, clinical​ 1.16 treatment for gender transition. If the person be a minor, the application shall be made by​ 1.17 the person's guardian or next of kin. The court shall accept the certificate of dissolution​ 1.18 prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the​ 1.19 certificate and may not require the person to provide the court a copy of the judgment and​ 1.20 decree of dissolution. Every person who, with intent to defraud, shall make a false statement​ 1.21 in any such application shall be guilty of a misdemeanor provided, however, that no minor​ 1.22 child's name may be changed without both parents having notice of the pending of the​ 1.23 application for change of name, whenever practicable, as determined by the court.​ 1​ Section 1.​ REVISOR DTT/AC 25-04754​ 03/11/25 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 2734​ NINETY-FOURTH SESSION​ Authored by Fischer​ 03/24/2025​ The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law​ 2.1 Sec. 2. Minnesota Statutes 2024, section 259.11, is amended to read:​ 2.2 259.11 ORDER; FILING COPIES.​ 2.3 (a) Upon meeting the requirements of section 259.10, the court shall grant the application​ 2.4 unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits​ 2.5 granting the name change; or (3) in the case of the change of a minor child's name, the court​ 2.6 finds that such name change is not in the best interests of the child. The court shall set forth​ 2.7 in the order the name and age of the applicant's spouse and each child of the applicant, if​ 2.8 any, and shall state a description of the lands, if any, in which the applicant and the spouse​ 2.9 and children, if any, claim to have an interest. If the court grants the application to change​ 2.10 an individual's sex, the court shall direct the Department of Health to replace the birth record​ 2.11 or any applicable vital records agency to amend the birth record of the individual. The court​ 2.12 administrator shall file such order, and record the same in the judgment book. If lands be​ 2.13 described therein, a certified copy of the order shall be filed for record, by the applicant,​ 2.14 with the county recorder of each county wherein any of the same are situated. Before doing​ 2.15 so the court administrator shall present the same to the county auditor who shall enter the​ 2.16 change of name in the auditor's official records and note upon the instrument, over an official​ 2.17 signature, the words "change of name recorded." Any such order shall not be filed, nor any​ 2.18 certified copy thereof be issued, until the applicant shall have paid to the county recorder​ 2.19 and court administrator the fee required by law. No application shall be denied on the basis​ 2.20 of the marital status of the applicant.​ 2.21 (b) When a person applies for a name change, the court shall determine whether the​ 2.22 person has a criminal history in this or any other state. The court may conduct a search of​ 2.23 national records through the Federal Bureau of Investigation by submitting a set of​ 2.24 fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is​ 2.25 determined that the person has a criminal history in this or any other state, the court shall,​ 2.26 within ten days after the name change application is granted, report the name change to the​ 2.27 Bureau of Criminal Apprehension. The person whose name is changed shall also report the​ 2.28 change to the Bureau of Criminal Apprehension within ten days. The court granting the​ 2.29 name change application must explain this reporting duty in its order. Any person required​ 2.30 to report the person's name change to the Bureau of Criminal Apprehension who fails to​ 2.31 report the name change as required under this paragraph is guilty of a gross misdemeanor.​ 2.32 (c) Paragraph (b) does not apply to:​ 2.33 (1) a request for a name change as part of an application for a marriage license under​ 2.34 section 517.08;​ 2​ Sec. 2.​ REVISOR DTT/AC 25-04754​ 03/11/25 ​ 3.1 (2) a request for a name change in conjunction with a marriage dissolution under section​ 3.2 518.27; or​ 3.3 (3) a request for a name change filed under section 259.14.​ 3​ Sec. 2.​ REVISOR DTT/AC 25-04754​ 03/11/25 ​