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SF 5300

Changing or adding sex indicators on birth and death records request authorization, marriage records modifications authorization, and data classification

2025-2026 Regular Session Introduced by Doron Clark and 1 co-sponsor

The bill allows changes to sex indicators on birth/death records (including X), and amends marriage records to reflect updated names or gender.

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#death #funerals #andcemeteries #marriageandmarriagedissolution
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Bill Summary · SF 5300

Overview

SF 5300 is a Minnesota bill proposed in the 2025-2026 session that would allow individuals to request changes or additions to sex indicators on birth and death records, authorize modifications to marriage records to reflect changes in names or gender, and establish data classifications for records affected by these changes. The bill adds new statutory sections for birth and death record amendments and amends several sections of the Minnesota Statutes related to marriage records and data privacy.

Main purpose and intent

  • Provide a formal process for requesting changes or additions to sex indicators on birth and death records.
  • Permit modifications to marriage records to reflect updated legal names or gender markers.
  • Ensure minimum options for sex indicators (including an "X" nonbinary option) on birth and death records.
  • Classify replaced or amended records as private data, limiting disclosure absent court order.
  • Clarify documentation and procedural standards for verifying requests and protecting against fraud.

Key provisions and changes

Birth records (new § 144.2182)

  • Definition: “Sex indicator” may include markers not exclusively male or female.
  • Right to amend: Subject of a birth record (adult or emancipated minor) may request a change/addition; parents/guardians may file for minors or incapacitated individuals.
  • Documentation: Requires forms/fees and acceptable documentation, such as:
    • Medical provider statement supporting the change,
    • Court order granting the change,
    • Sworn statement of good faith (and best interest if a minor).
  • Presumption: Documentation submitted in good faith leads to a presumption in favor of granting the request.
  • Court route: Petitions in district court may be filed to change/add a sex indicator; court may grant if in good faith and in the minor’s best interest (when applicable).
  • Minimum indicators: At least three options must be offered, including an “X.”
  • Data practices: Replaced birth record and any prior record become private data, subject to limited disclosure (court order).

Death records (new § 144.2183)

  • Define sex indicator similarly to birth records.
  • Who may request: A health care agent may request changes; if none, other authorized individuals may petition.
  • Documentation: Requires forms/fees and acceptable documentation (medical opinion, court order, sworn statement, health care directive).
  • Presumption: Good-faith documentation presumed; commissioner to grant if not rebutted.
  • Court route: Health care agent or authorized person may petition for change; court to replace record if in good faith.
  • Minimum indicators: Must provide at least three options, including an “X.”
  • Data practices: Replaced death record and prior records become private data, disclosure only by court order.

Marriage records (amendments)

  • § 517.08(1a): Application for civil marriage license requires standard identifying information, including full names, addresses, birth dates, and Social Security numbers (SSNs collected but not printed). Additional note on felony convictions affecting name changes.
  • § 517.10: Certificate content unchanged in core structure (recording by local registrar within five days; signatures and witnesses).
  • § 517.103: Amendments to marriage records
    • Acknowledges amendments to reflect updated legal name or gender as valid basis for amendment.
    • Registrar may amend upon proper affidavit and documentation.
    • Retains documentation for audit purposes.
    • Grounds for denial if documentation is incomplete or questionable.
    • Allows issuing a written statement certifying a documented marriage after amendment.
    • Notice of amendment to the parties; old records become private data, disclosure limited (court order).

Affected parties and impact

  • Individuals seeking changes to sex indicators on birth or death records (including nonbinary options).
  • Health care agents or others authorized to amend death records, and guardians/parents for birth records.
  • Individuals undergoing marriage record amendments to reflect name or gender changes.
  • Family members and institutions in possession of vital records.
  • Agencies: Minnesota Department of Health (birth/death records) and local county registrars (marriage records), with data-classification implications.

Procedural and timeline aspects

  • Applicants must submit required forms, fees, and documentation; presumptions favor timely grant upon adequate documentation.
  • Petitions for birth/death records proceed in district court if needed.
  • Amendments trigger data privacy protections, with prior records becoming private data after replacement.
  • Local registrars must process amendments and provide notice to parties within defined workflows.

This bill would thus modernize and standardize mechanisms for sex-marker changes on vital records and align marriage record amendments with updated identity documents, while reinforcing privacy protections for replaced records.

Compiled from official sources — confirm details with the bill’s official record.

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