Minnesota bill would let people update sex markers on vital records

The health commissioner would consider requests to change or add a sex marker on a birth record. Adults and emancipated minors may request a change themselves. A parent, guardian, or legal representative may request one for a minor or incapacitated person. The requester must submit required forms, fees, and acceptable supporting documents. If the request includes acceptable documentation and the good-faith presumption is not overcome, the commissioner must grant it. For a minor, a sworn statement must say the change is in the minor's best interest; a court must also find that if it orders the change.

The health commissioner would consider requests to change or add a sex marker on a death record. A designated health care agent may request the change. If there is no such agent, another person authorized to amend the death record may request it. The requester must submit required forms and fees. A requester other than a health care agent must also provide acceptable supporting documents. If acceptable documents are submitted and the good-faith presumption is not overcome, the commissioner must grant the request.

A local registrar could amend a marriage record to update a party's legal name or gender. The update process applies to marriage records kept by a local registrar and requests about a party's legal name or gender. The requester must submit an affidavit explaining the reason and documents supporting the update. The registrar must not amend the record if required documents are missing or their validity or completeness is in question. A party who provides the required documents may request a written statement certifying that the two parties have a documented marriage. The registrar must notify the people named on an amended record.

The commissioner would offer at least three sex-marker choices for birth- and death-record updates, including “X,” and keep replaced records private. These provisions apply to birth and death records replaced under the bill's request process. After replacing a record, the commissioner must notify the requester. A previous record, including the original, would be private and could not be disclosed except by court order. The privacy rule applies when a birth or death record is replaced under the bill's process.