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HF 5152

Request to change or add sex indicators on birth and death records permitted, modifications to marriage records permitted, and data classified.

2025-2026 Regular Session Introduced by Brion Curran and 10 co-sponsors

Allows changes to sex indicators on birth/death records and marriage records, with private status for old records after replacement.

Author added Falconer
#datapracticesandprivacy #healthandhealthdepartment #marriageandmarriagedissolution
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WeVote Research Nonpartisan
Bill Summary · HF 5152

Summary of HF5152 (2025-2026) – Minnesota

HF5152 proposes to authorize changes to sex indicators on birth and death records, permit certain modifications to marriage records, and classify related data as private once replaced. The bill contains new statutory provisions in Chapter 144 and amendments to existing sections of Minnesota Statutes.

Main purpose and intent

  • Create a formal process for individuals to request changes or additions to sex indicators on birth records and death records.
  • Allow designated individuals (including health care agents) to initiate amendments to marriage records to reflect updated legal names or gender markers.
  • Ensure replacements and amendments are followed by data privacy protections, with former records reclassified as private data.

Key provisions and changes

Birth records (new Section [144.2182])

  • Definition: “Sex indicator” includes markers beyond male/female (e.g., nonbinary options, including “X”).
  • Amendments for birth records:
    • A subject 18+ or an emancipated minor can request a change or addition to the sex indicator on the birth record. For minors or incapacitated persons, a parent/guardian may submit the request.
  • Documentation requirements:
    • Must include forms and fees, plus acceptable evidence such as:
    • Medical provider statement
    • Court order from any competent jurisdiction
    • Sworn statement confirming good faith and, if applicable, best interests of a minor
  • Presumption of good faith: Documentation supporting the request creates a presumption of good faith; the commissioner must grant unless countered.
  • Court process: The subject or authorized representative may petition in district court to change/add the sex indicator. Court orders may replace the birth record if the change is in good faith and, for minors, in the best interest.
  • Minimum indicators: The commissioner must provide at least three options, including an “X” indicator.
  • Data practices: After replacement, the old birth record becomes private data and is not disclosed except by court order. The requester is notified.

Death records (new Section [144.2183])

  • Definitions align with birth record section, including “sex indicator” and health care terms.
  • Amendments for death records:
    • A health care agent may request a change/addition to the sex indicator. If no agent exists, other authorized individuals may petition.
  • Documentation:
    • Required: forms/fees, plus documentation similar to birth records (provider statement, court order, sworn good-faith statement, and/or health care directive).
  • Presumption of good faith: As with birth records, documentation supports a presumption of good faith.
  • Court process: Authorized person may petition to amend. Court may order replacement if in good faith.
  • Minimum indicators: At least three options, including “X.”
  • Data practices: Replaced death records trigger private data status for the prior record; disclosure requires a court order.

Marriage records amendments (Sections 3–5)

  • Section 517.08, subdivision 1a: Updated application data fields for civil marriages to include post-marriage names and Social Security number handling; screens for felony-related name changes; warns that changing names after marriage may be limited by law.
  • Section 517.10: Maintains required certificate details; continues responsibilities of the solemnizing official and registrar.
  • Section 517.103: Amending marriage records:
    • Local registrar may amend upon affidavit and documentation supporting the amendment, including updates to legal name or gender.
    • Retains record of the affidavit and amendment details.
    • Denies amendments if requirements aren’t met or if validity is questionable.
    • Provides option for a written statement certifying a documented marriage.
    • After amendment, prior records become private data.

Who would be affected

  • Individuals seeking to change their sex indicators on birth/death records.
  • Health care agents or other authorized individuals seeking to amend death records.
  • Individuals undergoing marriage record amendments to reflect legal name or gender changes.
  • Records custodians (local registrars) tasked with processing amendments and maintaining privacy.

Procedural and timeline aspects

  • Amendments can proceed via petition in district court or administrative processes with documentation.
  • The process requires notification to the involved parties and results in prior records being reclassified as private data.
  • The bill emphasizes a presumption of good faith when proper documentation is provided, expediting approvals in many cases.

Note: The bill includes several nuanced data-privacy protections and requires at least three sex indicators to be available as options.

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

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