Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3018 Latest Draft

Bill / Introduced Version Filed 03/24/2025

                            1.1	A bill for an act​
1.2 relating to civil law; clarifying the court procedure for a change of sex to vital​
1.3 records; amending Minnesota Statutes 2024, sections 259.10, subdivision 1; 259.11.​
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.5 Section 1. Minnesota Statutes 2024, section 259.10, subdivision 1, is amended to read:​
1.6 Subdivision 1.Procedure.A person who shall have resided in this state for six months​
1.7may apply to the district court in the county where the person resides to change the person's​
1.8name or sex, the names of minor children, if any, and the name of a spouse, if the spouse​
1.9joins in the application, in the manner herein specified. The person shall state in the​
1.10application the name and age of the spouse and each of the children, if any, and shall describe​
1.11all lands in the state in or upon which the person, the children and the spouse if their names​
1.12are also to be changed by the application, claim any interest or lien, and shall appear​
1.13personally before the court and prove identity by at least two witnesses. If the application​
1.14requests a change of the individual's sex, the individual must provide a letter from a licensed​
1.15physician certifying the individual has already received, or is currently receiving, clinical​
1.16treatment for gender transition. If the person be a minor, the application shall be made by​
1.17the person's guardian or next of kin. The court shall accept the certificate of dissolution​
1.18prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the​
1.19certificate and may not require the person to provide the court a copy of the judgment and​
1.20decree of dissolution. Every person who, with intent to defraud, shall make a false statement​
1.21in any such application shall be guilty of a misdemeanor provided, however, that no minor​
1.22child's name may be changed without both parents having notice of the pending of the​
1.23application for change of name, whenever practicable, as determined by the court.​
1​Section 1.​
25-04754 as introduced​03/11/25 REVISOR DTT/AC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 3018​NINETY-FOURTH SESSION​
(SENATE AUTHORS: OUMOU VERBETEN, Maye Quade, Dibble and Port)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​03/27/2025​
Referred to Judiciary and Public Safety​ 2.1 Sec. 2. Minnesota Statutes 2024, section 259.11, is amended to read:​
2.2 259.11 ORDER; FILING COPIES.​
2.3 (a) Upon meeting the requirements of section 259.10, the court shall grant the application​
2.4unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits​
2.5granting the name change; or (3) in the case of the change of a minor child's name, the court​
2.6finds that such name change is not in the best interests of the child. The court shall set forth​
2.7in the order the name and age of the applicant's spouse and each child of the applicant, if​
2.8any, and shall state a description of the lands, if any, in which the applicant and the spouse​
2.9and children, if any, claim to have an interest. If the court grants the application to change​
2.10an individual's sex, the court shall direct the Department of Health to replace the birth record​
2.11or any applicable vital records agency to amend the birth record of the individual. The court​
2.12administrator shall file such order, and record the same in the judgment book. If lands be​
2.13described therein, a certified copy of the order shall be filed for record, by the applicant,​
2.14with the county recorder of each county wherein any of the same are situated. Before doing​
2.15so the court administrator shall present the same to the county auditor who shall enter the​
2.16change of name in the auditor's official records and note upon the instrument, over an official​
2.17signature, the words "change of name recorded." Any such order shall not be filed, nor any​
2.18certified copy thereof be issued, until the applicant shall have paid to the county recorder​
2.19and court administrator the fee required by law. No application shall be denied on the basis​
2.20of the marital status of the applicant.​
2.21 (b) When a person applies for a name change, the court shall determine whether the​
2.22person has a criminal history in this or any other state. The court may conduct a search of​
2.23national records through the Federal Bureau of Investigation by submitting a set of​
2.24fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is​
2.25determined that the person has a criminal history in this or any other state, the court shall,​
2.26within ten days after the name change application is granted, report the name change to the​
2.27Bureau of Criminal Apprehension. The person whose name is changed shall also report the​
2.28change to the Bureau of Criminal Apprehension within ten days. The court granting the​
2.29name change application must explain this reporting duty in its order. Any person required​
2.30to report the person's name change to the Bureau of Criminal Apprehension who fails to​
2.31report the name change as required under this paragraph is guilty of a gross misdemeanor.​
2.32 (c) Paragraph (b) does not apply to:​
2.33 (1) a request for a name change as part of an application for a marriage license under​
2.34section 517.08;​
2​Sec. 2.​
25-04754 as introduced​03/11/25 REVISOR DTT/AC​ 3.1 (2) a request for a name change in conjunction with a marriage dissolution under section​
3.2518.27; or​
3.3 (3) a request for a name change filed under section 259.14.​
3​Sec. 2.​
25-04754 as introduced​03/11/25 REVISOR DTT/AC​