Minnesota officials could update sex markers and marriage records

The health commissioner must consider requests to change or add a sex marker on a birth record. An adult or emancipated minor may request a change; a parent, guardian, or legal representative may request one for a minor or incapacitated person. The requester must provide the commissioner's forms and fees and acceptable supporting documents, such as a provider's statement, a court order, or a sworn statement of good faith. For a minor, the sworn statement must say the change is in the minor's best interest. If a good-faith request is not rebutted, the commissioner must grant it. After receiving the needed information and replacing the record, the commissioner must notify the requester. Earlier birth records become private and may be disclosed only by court order.

A health care agent may ask to change or add a sex marker on a death record. The request concerns a deceased person's death record. If there is no designated health care agent, another person authorized to amend the death record may request the change or petition a court. A requester who is not a health care agent must provide acceptable supporting documents. If a good-faith request is not rebutted, the commissioner must grant it. After receiving the needed information and replacing the record, the commissioner must notify the requester. Earlier death records become private and may be disclosed only by court order.

A local registrar may amend a marriage record to update a party's legal name or gender. The update applies to a party's legal name or gender in a marriage record. The person requesting an amendment must submit an affidavit explaining the reason and documents supporting it. The registrar must not amend the record if required documents are missing or there is reason to question their validity or completeness. A party who provides the documents may request a written statement confirming the documented marriage. After amending the record, the registrar must notify the people named in it, including the requester. Earlier marriage records become private and may be disclosed only by court order.