SF3018

Purpose of the Bill

The purpose of this bill is to clarify and amend the existing legal procedures in Minnesota for changing a person's name or sex in vital records, such as birth certificates. The bill sets forth specific requirements to ensure consistency and clarity in the process.

Main Provisions

• Application for Change of Name or Sex: Residents of Minnesota for at least six months can apply to a district court to change their name or sex, including changes for minor children or a spouse if they are included in the application.

• Required Documentation for Sex Change: Applicants requesting a change of sex must provide a letter from a licensed physician certifying ongoing or completed clinical treatment for gender transition.

• Personal Court Appearance: The applicant must appear in person before the court with at least two witnesses to prove identity.

• Conditions for Granting Application: The court will approve the application unless it finds intent to defraud, conditions from section 259.13 apply, or it is not in the best interest of a minor child involved.

• Amendment of Birth Records: If the court approves a sex change, it will instruct the Department of Health or relevant agency to amend the birth record accordingly.

• Fees and Recording: Applicants must pay necessary fees to record the change, which will be noted in official records.

• Criminal History Check for Name Change: Courts will check whether applicants have a criminal history in any state. If so, they must report the name change to the Bureau of Criminal Apprehension within ten days.

• Exemptions: The criminal history check does not apply to name changes related to marriage licenses, dissolution of marriage, or requests under section 259.14.

Significant Changes to Existing Law

• The bill explicitly requires a physician’s certification for changing sex in vital records.
• It introduces specific reporting requirements related to criminal history records when a name is changed.
• It emphasizes that no application should be denied based on marital status.

Relevant Terms

gender transition, vital records, licensed physician, clinical treatment, district court, personal identity, Bureau of Criminal Apprehension, criminal history, marriage license, marital status