Text of MN HF 5152 (2026)

1.1 A bill for an act​ 1.2 relating to records; permitting request to change or add sex indicators on birth and​ 1.3 death records; permitting modifications to marriage records; classifying data;​ 1.4 amending Minnesota Statutes 2025 Supplement, sections 517.08, subdivision 1a;​ 1.5 517.10; 517.103; proposing coding for new law in Minnesota Statutes, chapter​ 1.6 144.​ 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.8 Section 1. [144.2182] BIRTH RECORD REPLACEMENT; AMENDMENT TO SEX​ 1.9 INDICATOR.​ 1.10 Subdivision 1. Definition. For purposes of this section, "sex indicator" means a marker​ 1.11 that identifies the sex of the individual who is the subject of the record, including a marker​ 1.12 that is not exclusively male or female.​ 1.13 Subd. 2. Amendment to birth record. The subject of a birth record may request the​ 1.14 commissioner to change or add a sex indicator, if none exists, on the subject's birth record​ 1.15 as provided under this section. If the subject of the birth record is 18 years of age or older​ 1.16 or is an emancipated minor, the commissioner must consider the subject's request to replace​ 1.17 the birth record. If the subject of the birth record is a minor or an incapacitated person, the​ 1.18 parent, guardian, or legal representative of the minor or incapacitated person may submit​ 1.19 the request on behalf of the subject of the birth record.​ 1.20 Subd. 3. Documentation required. (a) A person making a request under this section​ 1.21 must submit all forms and fees required by the commissioner and provide acceptable​ 1.22 documentation in support of the request. Acceptable documentation includes but is not​ 1.23 limited to:​ 1​ Section 1.​ REVISOR SGS/DG 26-08571​ 05/13/26 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 5152​ NINETY-FOURTH SESSION​ Authored by Hollins, Kozlowski, Finke, Curran, Pérez-Vega and others​ 05/16/2026​ The bill was read for the first time and referred to the Committee on Health Finance and Policy​ 2.1 (1) a written statement from a provider of medical services that the requested change is​ 2.2 appropriate in the provider's opinion;​ 2.3 (2) a certified copy of a court order from a court of competent jurisdiction in this or​ 2.4 another state granting the requested change; or​ 2.5 (3) a sworn statement provided by the requestor that the request is not based on an intent​ 2.6 to defraud or mislead and is made in good faith and, if the subject is a minor, that the change​ 2.7 is in the minor's best interest.​ 2.8 (b) A request submitted and accompanied by one or more forms of acceptable​ 2.9 documentation identified in paragraph (a) is presumed to be made in good faith. If this​ 2.10 presumption is not otherwise overcome, the commissioner must grant the request.​ 2.11 Subd. 4. Court records. A subject of a birth record may file a petition in district court​ 2.12 to change or add a sex indicator, if none exists, to the subject's birth record. If the subject​ 2.13 is a minor or an incapacitated person, the parent, guardian, or legal representative may file​ 2.14 a petition on behalf of the minor or incapacitated person. The court must consider petitions​ 2.15 filed by persons over whom the court has jurisdiction for an order granting a change of sex​ 2.16 indicator on a birth record irrespective of the jurisdiction where the original birth certificate​ 2.17 was issued. The court must issue an order to replace the birth record under this section upon​ 2.18 a finding that the request is not based on an intent to defraud or mislead and is made in good​ 2.19 faith and, if the subject of the birth record is a minor, that the change is in the minor's best​ 2.20 interest.​ 2.21 Subd. 5. Minimum sex indicators. The commissioner must provide at least three sex​ 2.22 indicators as options for a change or addition to a birth record requested under this section,​ 2.23 including a sex indicator that is an "X."​ 2.24 Subd. 6. Notification; data practices. When the commissioner has received the necessary​ 2.25 information and replaced the birth record pursuant to this section, the commissioner must​ 2.26 notify the requestor. Upon replacement of a birth record under this section, any previous​ 2.27 birth record, including the original birth record, is classified as private data on individuals,​ 2.28 as defined in section 13.02, subdivision 12, and must not be disclosed, except pursuant to​ 2.29 a court order.​ 2.30 Sec. 2. [144.2183] DEATH RECORD REPLACEMENT; AMENDMENT TO SEX​ 2.31 INDICATOR.​ 2.32 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 2.33 the meanings given.​ 2​ Sec. 2.​ REVISOR SGS/DG 26-08571​ 05/13/26 ​ 3.1 (b) "Health care agent" has the meaning given in section 145C.01, subdivision 2.​ 3.2 (c) "Health care directive" has the meaning given in section 145C.01, subdivision 5a.​ 3.3 (d) "Sex indicator" means a marker that identifies the sex of the individual who is the​ 3.4 subject of the record, including a marker that is not exclusively male or female.​ 3.5 Subd. 2. Amendment to death record. A health care agent designated to make health​ 3.6 care decisions on behalf of the subject of a death record may request the commissioner​ 3.7 change or add a sex indicator, if none exists, on the subject's death record. If there is no​ 3.8 health care agent designated to make health care decisions on behalf of the subject of a​ 3.9 death record, any other person authorized to amend a death record may submit a request or​ 3.10 file a petition as provided under this section.​ 3.11 Subd. 3. Documentation required. (a) A person making a request under this section​ 3.12 must submit all forms and fees required by the commissioner.​ 3.13 (b) Unless the person making a request is a health care agent, the person must submit​ 3.14 acceptable documentation in support of the request. Acceptable documentation includes​ 3.15 but is not limited to:​ 3.16 (1) a written statement from a provider of medical services that the requested change is​ 3.17 appropriate in the provider's opinion;​ 3.18 (2) a certified copy of a court order from a court of competent jurisdiction in this or​ 3.19 another state granting the requested change;​ 3.20 (3) a sworn statement provided by the requestor that the request is not based on an intent​ 3.21 to defraud or mislead and is made in good faith; or​ 3.22 (4) a health care directive.​ 3.23 (c) A request submitted and accompanied by one or more forms of acceptable​ 3.24 documentation identified in paragraph (b) is presumed to be made in good faith. If this​ 3.25 presumption is not otherwise overcome, the commissioner must grant the request.​ 3.26 Subd. 4. Court records. A health care agent or, if there is no designated health care​ 3.27 agent, any other person authorized to amend a death record, may file a petition in district​ 3.28 court to change or add a sex indicator, if none exists, to the subject's death record. The court​ 3.29 must consider petitions filed by persons over whom the court has jurisdiction for an order​ 3.30 granting a change of sex indicator on a death record irrespective of the jurisdiction where​ 3.31 the original death certificate was issued. The court must issue an order to replace the death​ 3​ Sec. 2.​ REVISOR SGS/DG 26-08571​ 05/13/26 ​ 4.1 record under this section upon a finding that the request is not based on an intent to defraud​ 4.2 or mislead and is made in good faith.​ 4.3 Subd. 5. Minimum sex indicators. The commissioner must provide at least three sex​ 4.4 indicators as options for a change or addition to a death record requested under this section,​ 4.5 including a sex indicator that is an "X."​ 4.6 Subd. 6. Notification; data practices. When the commissioner has received the necessary​ 4.7 information and replaced the death record pursuant to this section, the commissioner must​ 4.8 notify the requestor. Upon replacement of a death record under this section, any previous​ 4.9 death record, including the original death record, is classified as private data on individuals,​ 4.10 as defined in section 13.02, subdivision 12, and must not be disclosed, except pursuant to​ 4.11 a court order.​ 4.12 Sec. 3. Minnesota Statutes 2025 Supplement, section 517.08, subdivision 1a, is amended​ 4.13 to read:​ 4.14 Subd. 1a. Form. Application for a civil marriage license shall be made by both of the​ 4.15 parties upon a form provided for the purpose and shall contain the following information:​ 4.16 (1) the full names of the parties;​ 4.17 (2) their post office addresses and county and state of residence;​ 4.18 (3) their full ages and dates of birth;​ 4.19 (4) if either party has previously been married, the party's married name from the most​ 4.20 recent marriage; the date, place, and court in which the civil marriage was dissolved or​ 4.21 annulled; or the date and place of death of the former spouse;​ 4.22 (5) whether the parties are related to each other, and, if so, their relationship;​ 4.23 (6) the address of the parties after the civil marriage is entered into to which the local​ 4.24 registrar shall send a certified copy of the civil marriage certificate;​ 4.25 (7) the full names the parties will have after the civil marriage is entered into and the​ 4.26 parties' Social Security numbers. The Social Security numbers must be collected for the​ 4.27 application but must not appear on the civil marriage license. If a party listed on a civil​ 4.28 marriage application does not have a Social Security number, the party must certify on the​ 4.29 application, or a supplement to the application, that the party does not have a Social Security​ 4.30 number;​ 4.31 (8) if one party to the civil marriage license has a felony conviction under Minnesota​ 4.32 law or the law of another state or federal jurisdiction, the party may not change the party's​ 4​ Sec. 3.​ REVISOR SGS/DG 26-08571​ 05/13/26 ​ 5.1 name through the marriage application process and must follow the process in section 259.13​ 5.2 to change the party's name; and​ 5.3 (9) notice that a party who has a felony conviction under Minnesota law or the law of​ 5.4 another state or federal jurisdiction may not use a different name after a civil marriage​ 5.5 except as authorized by section 259.13, and that doing so is a gross misdemeanor.​ 5.6 Sec. 4. Minnesota Statutes 2025 Supplement, section 517.10, is amended to read:​ 5.7 517.10 CERTIFICATE; WITNESSES.​ 5.8 The person solemnizing a civil marriage shall complete and sign a marriage certificate​ 5.9 provided by the local registrar. The certificate shall contain the full names of the parties​ 5.10 before and after the civil marriage, the birth dates of the parties, and county and state of​ 5.11 residences of the parties and the date and place of the civil marriage. The certificate shall​ 5.12 also contain the signatures of the applicants' legal names after marriage and at least two of​ 5.13 the witnesses present at the civil marriage who shall be at least 16 years of age. The person​ 5.14 solemnizing the civil marriage shall immediately make a record of such civil marriage, and​ 5.15 file such certificate with the local registrar of the county in which the license was issued​ 5.16 within five days after the ceremony. The local registrar shall record such certificate in the​ 5.17 county civil marriage records.​ 5.18 Sec. 5. Minnesota Statutes 2025 Supplement, section 517.103, is amended to read:​ 5.19 517.103 AMENDMENT OF MARRIAGE RECORDS.​ 5.20 (a) To request an amendment of an error in a marriage record, a person must submit the​ 5.21 following documentation to the local registrar:​ 5.22 (1) an affidavit stating the reason for an amendment of the marriage record; and​ 5.23 (2) documentation supporting the amendment.​ 5.24 (b) A local registrar may amend a marriage record if the local registrar:​ 5.25 (1) receives an affidavit and documentation supporting the amendment of a marriage​ 5.26 record; and determines:​ 5.27 (2) the local registrar determines that (1) the affidavit and supporting documentation​ 5.28 establish that the marriage record contains an error.; or​ 5.29 (2) the affidavit and supporting documentation updates the legal name or gender of a​ 5.30 party.​ 5​ Sec. 5.​ REVISOR SGS/DG 26-08571​ 05/13/26 ​ 6.1 (c) The local registrar must retain and maintain an affidavit and documentation upon​ 6.2 which the amendment of a marriage record was based, including the date of the amendment​ 6.3 and the legal name of the authorized person making the amendment.​ 6.4 (d) The local registrar must not amend a marriage record if:​ 6.5 (1) an applicant fails to submit the documentation required for amending a marriage​ 6.6 record; or​ 6.7 (2) the local registrar has reason to question the validity or completeness of the applicant's​ 6.8 affidavit or supporting documentation.​ 6.9 (e) A party that provides the documentation in this section may request a written statement​ 6.10 from the registrar certifying that two parties have a documented marriage.​ 6.11 (f) When the local registrar has received the necessary information and amends the​ 6.12 marriage record, the local registrar must notify the subjects of the record, including the​ 6.13 requestor. Upon amendment of a marriage record under this section, any previous marriage​ 6.14 record, including the original marriage record, is classified as private data on individuals,​ 6.15 as defined in section 13.02, subdivision 12, and shall not be disclosed, except pursuant to​ 6.16 a court order.​ 6​ Sec. 5.​ REVISOR SGS/DG 26-08571​ 05/13/26 ​