Amending Minnesota birth certificates
After completing sex-reassignment surgery, many individuals want to correct their birth records in order to be able to secure accurate identification, passports, etc.
Most people seeking to amend their birth record choose to do so via court order. State district court judges in Minnesota have authority under Minnesota Statute 144.218 to order old birth records destroyed and replacement records issued if the judge finds that the information on the old record is "incomplete, inaccurate, or false." Many people who have completed the physical transformation from one sex to another have been able to demonstrate to judges' satisfaction, by documenting sex-correction surgery through a letter from their surgeon, that the sex information on their initial birth record is "incomplete, inaccurate, or false" and that the judge is authorized to order a correction.
The Minnesota Department of Health (MDH) is responsible for making the corrections to birth records. The applicable rule does not specify that the court must be in Minnesota — so former residents of Minnesota who now live elsewhere may be able to arrange for a corrected birth record on the basis of a court order in their current state of residence. (See Minn. Rule 4601.1000, subpart 7.) MDH also has an administrative process available for amending birth records.
Minnesota residents born elsewhere may petition the court in their county of residence for an order directing the amendment of out-of-state records. For a summary of information about other states' requirements for amending birth records, click here.
People considering petitioning a state district court judge for an order amending a birth record would be well-advised to consult an attorney in the drafting of sufficient petitions and proposed orders. For information on attorneys who may be able to assist contact the OutFront Minnesota Legal Program at legal@outfront.org or at (612) 822-0127, ext. 230.
