Text of MN HF 3075 (2025)

1.1 A bill for an act​ 1.2 relating to health records; changing, removing and adding sex indicator on birth​ 1.3 records; 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] SEX INDICATOR BIRTH RECORD REPLACEMENT.​ 1.6 Subdivision 1. Amendment to birth record. The subject of a birth record may request​ 1.7 the commissioner change, remove, or add the sex indicator if none exists on the subject's​ 1.8 birth record. If the subject of the birth record is 18 years of age or older or has status of​ 1.9 emancipated minor, the commissioner shall consider the request to replace the birth record.​ 1.10 If the subject of the birth record is a minor or an incapacitated person, then a parent, guardian,​ 1.11 or legal representative of the minor or incapacitated person may make the request on behalf​ 1.12 of the subject of a birth record.​ 1.13 Subd. 2. Documentation required. (a) A person making a request under this section​ 1.14 must submit all forms and fees required by the commissioner and provide acceptable​ 1.15 documentation in support of the request. Acceptable documentation includes but is not​ 1.16 limited to:​ 1.17 (1) a written statement from a provider of medical services the requested change is​ 1.18 appropriate in the provider's opinion;​ 1.19 (2) a certified copy of a court order from a court of competent jurisdiction in this or​ 1.20 another state granting the requested change; or​ 1.21 (3) a sworn statement provided by the subject of the birth record or by the parent or legal​ 1.22 guardian of the minor who is the subject of the birth record that the request is not based on​ 1​ Section 1.​ REVISOR SGS/DG 25-05006​ 03/25/25 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 3075​ NINETY-FOURTH SESSION​ Authored by Hollins, Curran, Finke and Kozlowski​ 04/02/2025​ The bill was read for the first time and referred to the Committee on Health Finance and Policy​ 2.1 an intent to defraud or mislead and is made in good faith and, if the subject is a minor, that​ 2.2 the change is in the minor's best interest.​ 2.3 (b) A request submitted and accompanied by one or more forms of acceptable​ 2.4 documentation identified in paragraph (a) shall be presumed to be made in good faith. If​ 2.5 this presumption is not otherwise overcome, the commissioner shall grant the request.​ 2.6 Subd. 3. Court records. A subject of a birth record may file a petition in district court​ 2.7 to change, remove, or add, if none exists, a sex indicator to the subject's birth record. If the​ 2.8 subject is a minor, a parent or guardian may file a petition on behalf of the minor. The court​ 2.9 shall consider petitions filed by persons over whom the court has jurisdiction for an order​ 2.10 granting a change of sex indicator on a birth record irrespective of the jurisdiction in which​ 2.11 the original birth certificate was issued. The court shall issue an order to replace the birth​ 2.12 record under this section upon a finding that the request is not based on an intent to defraud​ 2.13 or mislead and is made in good faith and, if the subject of the birth record is a minor, that​ 2.14 the change is in the minor's best interest.​ 2.15 Subd. 4. Records sealed. When the commissioner has received the necessary information​ 2.16 and replaced the birth record, the commissioner shall notify the requestor. Upon replacement​ 2.17 of a birth record under this section, any previous birth record including the original record​ 2.18 of birth shall be classified as confidential data pursuant to section 13.02, subdivision 3, and​ 2.19 shall not be disclosed except pursuant to a court order.​ 2​ Section 1.​ REVISOR SGS/DG 25-05006​ 03/25/25 ​