| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to civil law; clarifying the court procedure for a change of sex to vital |
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| 3 | 3 | | 1.3 records; amending Minnesota Statutes 2024, sections 259.10, subdivision 1; 259.11. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 259.10, subdivision 1, is amended to read: |
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| 6 | 6 | | 1.6 Subdivision 1.Procedure.A person who shall have resided in this state for six months |
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| 7 | 7 | | 1.7may apply to the district court in the county where the person resides to change the person's |
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| 8 | 8 | | 1.8name or sex, the names of minor children, if any, and the name of a spouse, if the spouse |
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| 9 | 9 | | 1.9joins in the application, in the manner herein specified. The person shall state in the |
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| 10 | 10 | | 1.10application the name and age of the spouse and each of the children, if any, and shall describe |
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| 11 | 11 | | 1.11all lands in the state in or upon which the person, the children and the spouse if their names |
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| 12 | 12 | | 1.12are also to be changed by the application, claim any interest or lien, and shall appear |
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| 13 | 13 | | 1.13personally before the court and prove identity by at least two witnesses. If the application |
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| 14 | 14 | | 1.14requests a change of the individual's sex, the individual must provide a letter from a licensed |
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| 15 | 15 | | 1.15physician certifying the individual has already received, or is currently receiving, clinical |
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| 16 | 16 | | 1.16treatment for gender transition. If the person be a minor, the application shall be made by |
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| 17 | 17 | | 1.17the person's guardian or next of kin. The court shall accept the certificate of dissolution |
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| 18 | 18 | | 1.18prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the |
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| 19 | 19 | | 1.19certificate and may not require the person to provide the court a copy of the judgment and |
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| 20 | 20 | | 1.20decree of dissolution. Every person who, with intent to defraud, shall make a false statement |
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| 21 | 21 | | 1.21in any such application shall be guilty of a misdemeanor provided, however, that no minor |
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| 22 | 22 | | 1.22child's name may be changed without both parents having notice of the pending of the |
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| 23 | 23 | | 1.23application for change of name, whenever practicable, as determined by the court. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR DTT/AC 25-0475403/11/25 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 2734 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Fischer03/24/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 Sec. 2. Minnesota Statutes 2024, section 259.11, is amended to read: |
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| 34 | 34 | | 2.2 259.11 ORDER; FILING COPIES. |
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| 35 | 35 | | 2.3 (a) Upon meeting the requirements of section 259.10, the court shall grant the application |
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| 36 | 36 | | 2.4unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits |
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| 37 | 37 | | 2.5granting the name change; or (3) in the case of the change of a minor child's name, the court |
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| 38 | 38 | | 2.6finds that such name change is not in the best interests of the child. The court shall set forth |
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| 39 | 39 | | 2.7in the order the name and age of the applicant's spouse and each child of the applicant, if |
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| 40 | 40 | | 2.8any, and shall state a description of the lands, if any, in which the applicant and the spouse |
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| 41 | 41 | | 2.9and children, if any, claim to have an interest. If the court grants the application to change |
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| 42 | 42 | | 2.10an individual's sex, the court shall direct the Department of Health to replace the birth record |
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| 43 | 43 | | 2.11or any applicable vital records agency to amend the birth record of the individual. The court |
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| 44 | 44 | | 2.12administrator shall file such order, and record the same in the judgment book. If lands be |
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| 45 | 45 | | 2.13described therein, a certified copy of the order shall be filed for record, by the applicant, |
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| 46 | 46 | | 2.14with the county recorder of each county wherein any of the same are situated. Before doing |
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| 47 | 47 | | 2.15so the court administrator shall present the same to the county auditor who shall enter the |
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| 48 | 48 | | 2.16change of name in the auditor's official records and note upon the instrument, over an official |
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| 49 | 49 | | 2.17signature, the words "change of name recorded." Any such order shall not be filed, nor any |
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| 50 | 50 | | 2.18certified copy thereof be issued, until the applicant shall have paid to the county recorder |
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| 51 | 51 | | 2.19and court administrator the fee required by law. No application shall be denied on the basis |
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| 52 | 52 | | 2.20of the marital status of the applicant. |
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| 53 | 53 | | 2.21 (b) When a person applies for a name change, the court shall determine whether the |
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| 54 | 54 | | 2.22person has a criminal history in this or any other state. The court may conduct a search of |
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| 55 | 55 | | 2.23national records through the Federal Bureau of Investigation by submitting a set of |
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| 56 | 56 | | 2.24fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is |
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| 57 | 57 | | 2.25determined that the person has a criminal history in this or any other state, the court shall, |
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| 58 | 58 | | 2.26within ten days after the name change application is granted, report the name change to the |
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| 59 | 59 | | 2.27Bureau of Criminal Apprehension. The person whose name is changed shall also report the |
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| 60 | 60 | | 2.28change to the Bureau of Criminal Apprehension within ten days. The court granting the |
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| 61 | 61 | | 2.29name change application must explain this reporting duty in its order. Any person required |
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| 62 | 62 | | 2.30to report the person's name change to the Bureau of Criminal Apprehension who fails to |
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| 63 | 63 | | 2.31report the name change as required under this paragraph is guilty of a gross misdemeanor. |
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| 64 | 64 | | 2.32 (c) Paragraph (b) does not apply to: |
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| 65 | 65 | | 2.33 (1) a request for a name change as part of an application for a marriage license under |
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| 66 | 66 | | 2.34section 517.08; |
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| 67 | 67 | | 2Sec. 2. |
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| 68 | 68 | | REVISOR DTT/AC 25-0475403/11/25 3.1 (2) a request for a name change in conjunction with a marriage dissolution under section |
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| 69 | 69 | | 3.2518.27; or |
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| 70 | 70 | | 3.3 (3) a request for a name change filed under section 259.14. |
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| 71 | 71 | | 3Sec. 2. |
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| 72 | 72 | | REVISOR DTT/AC 25-0475403/11/25 |
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