Legislative Analysis
Phone: (517) 373-8080
LEGAL NAME CHANGES AND SEX DESIGNATIONS
http://www.house.mi.gov/hfa
ON CERTAIN IDENTIFICATION DOCUMENTS
Analysis available at
House Bill 5300 as introduced http://www.legislature.mi.gov
Sponsor: Rep. Laurie Pohutsky
House Bill 5301 (proposed substitute H-1)
Sponsor: Rep. Emily Dievendorf
House Bill 5302 as introduced House Bill 5303 (proposed substitute H-1)
Sponsor: Rep. Felicia Brabec Sponsor: Rep. Helena Scott
Committee: Judiciary
Complete to 2-13-24
SUMMARY:
House Bills 5300 to 5303 would do all of the following:
• Eliminate a presumption in law that a person who is seeking to change their legal name
must be doing so for a fraudulent reason if they have a criminal record.
• Eliminate a requirement that a person 22 or older who is seeking a name change must
submit fingerprints for state and federal criminal background checks.
• Expand reasons for which a court can waive publication requirements regarding a name
change, notably to include affirmation of the person’s gender identity.
• Eliminate a requirement for a doctor’s affidavit of surgery before a new birth certificate
that shows a sex designation other than the one assigned at birth can be issued.
• Allow a person to indicate a sex designation of “M,” “F,” or “X” for a driver’s license,
state personal ID card, or new birth certificate, with no additional documentation or
certification required.
• Allow driver’s licenses and state personal ID cards to be reissued without charge to
update a sex designation.
House Bill 5300 would amend the Probate Code to change provisions related to legal name
changes. Under the code, the Family Division of Circuit Court can enter an order to change the
name of a person who has been a resident of the county for at least one year and who petitions 1
the court in writing to do so, as long as the person shows sufficient reason for the proposed
change and that it is not being done to commit fraud. The court must hold a hearing on the
question and order publication of a notice of the proceeding that describes the current and
proposed names and the time and place of the hearing. 2 However, if good cause is shown that
no notice should be published and that the proceeding should be confidential, the court can
1
See https://www.courts.michigan.gov/49f990/siteassets/forms/scao-approved/pc51.pdf
2
The relevant court rule is 3.613: https://www.courts.michigan.gov/siteassets/rules-instructions-administrative-
orders/michigan-court-rules/court-rules-book-ch-3-responsive-
html5.zip/index.html#t=Court_Rules_Book_Ch_3%2FCourt_Rules_Chapter_3%2FCourt_Rules_Chapter_3.htm%2
31007897bc-68
House Fiscal Agency Page 1 of 4
 waive that publication. Good cause includes evidence of stalking or of an assaultive crime or
another reason a person fears physical danger if the proceeding or record is made public.
Currently, if the person petitioning for a name change has a criminal record, the law provides
a presumption that they are changing their name with a fraudulent intent. The burden is on
them to prove otherwise. The bill would eliminate this presumption of fraud. However, under
the bill, a person submitting a petition who has a criminal record, including a pending charge,
would have to include that record in the petition. Similarly, a person without a criminal record
would have to state so in the petition. (False statements in a petition are perjury.)
In addition, when someone who is 22 years old or older petitions to have their name changed,
they now must submit two sets of fingerprints to be forwarded to the Department of State Police
(MSP) and the Federal Bureau of Information (FBI) so those agencies can run background
checks for pending charges or records of conviction. The bill would eliminate this provision.
The bill would newly allow the court, at the court’s discretion, to enter a name change order
without a hearing.
The bill also would amend the provisions that allow, for good cause shown, a proceeding to be
confidential. Under the bill, if the court receives a petition that shows good cause, the court
would have to (currently it may) order that no publication be made of the proceeding and that
records of it be confidential. A petition that shows good cause would have to state the reasons
that the person submitting the petition, or anyone else (referred to in the bill as an endangered
individual), fears the publication or availability of the record. The court would have to presume
that good cause is shown if the statement includes any of the following reasons:
• The person submitting the petition or the endangered individual is a victim of an
assaultive crime, domestic violence, harassment, human trafficking, 3 or stalking. 4
• The person submitting the petition or the endangered individual seeks to affirm their
gender identity.
Good cause would include evidence that the publication or availability of the record of
a name-change proceeding could place the person submitting the petition or another
individual in physical danger, at an increased likelihood of physical danger, or at risk
of unlawful discrimination or retaliation.
Domestic violence would mean any of the following acts that is not self-defense:
• Causing or attempting to cause physical or mental harm to a family or
household member.
• Placing a family or household member in fear of physical or mental harm.
• Causing or attempting to cause a family or household member to engage in
involuntary sexual activity by force, threat of force, or duress.
• Engaging in activity toward a family or household member that would cause a
reasonable person to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.
3
A violation of Chapter LXVIIA of the Michigan Penal Code: http://legislature.mi.gov/doc.aspx?mcl-328-1931-
LXVIIA
4
As defined in sections 411h and 411i of the Michigan Penal Code: http://legislature.mi.gov/doc.aspx?mcl-750-
411h and http://legislature.mi.gov/doc.aspx?mcl-750-411i
House Fiscal Agency HBs 5300 to 5303 (with proposed substitutes) Page 2 of 4
 Family or household member would include any of the following:
• An individual who is the person’s spouse or former spouse.
• An individual the person resides with or has resided with.
• An individual the person has, or has had, a dating relationship with.
• An individual the person is, or has, engaged in a sexual relationship with.
• An individual the person is related to, or was formerly related to, by marriage.
• An individual the person has a child in common with.
• The minor child of an individual described above.
Dating relationship would mean frequent, intimate associations primarily
characterized by the expectation of affectional involvement. It would not include a
casual relationship or an ordinary fraternization between two individuals in a business
or social context.
Gender identity would mean an individual’s gender-related self-identity, regardless of
whether the self-identity is associated with their assigned sex at birth.
Finally, the bill would no longer require a child who is 14 or older to sign written consent to a
name change in the presence of the court. (Their signature would still be required.)
MCL 711.1 and 711.3
House Bill 5301 would amend the Michigan Vehicle Code to provide that, for purposes of
choosing a sex designation on an application for a driver’s license, an applicant may indicate
a designation of “M,” “F,” or “X,” with no additional documentation or certification required.
The bill also would add “to update a sex designation” to the list of reasons a person can receive
an updated license without a renewal charge. For purposes of updating a sex designation on a
license, a person could submit a signed form indicating a designation of “M,” “F,” or “X,” with
no additional documentation or certification required.
MCL 257.302 and 257.812
House Bill 5302 would amend 1972 PA 222, the state personal identification card act, to make
the same changes regarding state ID cards as HB 5301 would make regarding driver’s licenses.
MCL 28.291 and 28.292
House Bill 5303 would amend the Public Health Code. Currently, a request for a new birth
certificate to show a sex designation other than the one assigned at birth must be accompanied
by an affidavit from a doctor that certifies that sex-reassignment surgery (more commonly
called gender affirmation surgery or gender confirmation surgery) has been performed. The
bill would eliminate this requirement. Instead, the request would have to be accompanied by a
form approved by the director and signed by the person indicating a sex designation of male,
female, or “X.” If the form is accompanied by a court order changing the person’s name, the
new certificate would also have to reflect the new legal name. The state registrar could not
require any additional document or certification.
House Fiscal Agency HBs 5300 to 5303 (with proposed substitutes) Page 3 of 4
 In addition, when the state registrar now receives a certified copy of a court order changing the
name of someone born in Michigan and the request of that person or their parents, guardian, or
legal representative, the state registrar must affix an addendum to the individual’s certificate
of live birth that states the individual’s new name and identifies the court order. The state
registrar creates a new live birth certificate and seals the original certificate only if the court
order changing the individual’s name specifically directs the state registrar to do so or if the
request relates to a minor whose name is changed under section 1 of Chapter XI of the Probate
Code (which HB 5300 would amend).
The bill would provide that the above requirement that a court order changing the person’s
name must include a specific direction to the state registrar for the state registrar to create a
new live birth certificate and seal the original certificate does not apply to a new certificate of
birth established to show a sex designation other than the one assigned at birth. (That is, the
bill would, in those cases, allow the state registrar to create a new certificate and seal the
original regardless of whether the court order specifically directed them to do so.)
MCL 333.2831 and 333.2872
FISCAL IMPACT:
House Bill 5300 would have a neutral net fiscal impact on the Department of State Police. By
eliminating the fingerprinting and background check requirement, the bill would eliminate
restricted revenue that MSP would otherwise receive from associated fees; however, the
department would also have reduced fingerprinting and background check volumes, so the net
impact would be neutral. MSP processed a total of 2,495 name change background checks in
2023, with $79,840 in restricted revenue received for this activity.
House Bills 5301 and 5302 would have no fiscal impact on the state or on local units of
government.
House Bill 5303 would not have a significant fiscal impact on state expenditures to the
Department of Health and Human Services (DHHS) or local units of government. The fiscal
impact of the bill would be dependent on an increase in the number of applications received to
amend birth certificates.
Legislative Analyst: Rick Yuille
Fiscal Analysts: Marcus Coffin
Michael Cnossen
Sydney Brown
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5300 to 5303 (with proposed substitutes) Page 4 of 4


Statutes affected:
House Introduced Bill: 711.1, 711.3