Changing the marital status reported on the birth record
If the parent(s) named on the birth record marry after the birth of their child, they may apply for the legitimation of their child's birth record (Minnesota Statutes, section 144.218, subdivision 3). A legitimation changes the marital status reported on the birth record. All birth records after a legitimation are public.
An application for a legitimation can only be processed if the child was born in Minnesota and if the husband is or will be established as the legal father.
To apply for a legitimation if the father's name is on the birth record, include:
1. a completed Application for a Legitimation of a Birth Record (see below)
2. a certified copy of your marriage certificate
3. a $40 fee
4. Mail the forms and fee to:
Minnesota Department of Health
Office of the State Registrar, Legitimation Program
P.O. Box 64882
St. Paul, Minnesota 55164-0882
Please note that only the marital status on the birth record is changed. No names will be changed on the birth record. To change the child's name on the birth record, see Changing (amending) a birth record.
To request a copy of your child's new birth certificate, see How to obtain a birth certificate.
To apply for a legitimation if the father's name is NOT on the birth record, include:
1. a completed Application for a Legitimation of a Birth Record (see below)
2. a court ordered paternity adjudication that directs the birth record to be
changed, or a completed Recognition of Parentage form
3. a certified copy of your marriage certificate
4. a $40 fee
5. Mail the forms and fee to:
Minnesota Department of Health
Office of the State Registrar, Legitimation Program
P.O. Box 64882
St. Paul, Minnesota 55164-0882
If a Recognition of Parentage form is completed, the child's last name will be changed as designated on the Recognition of Parentage form. If a court ordered paternity adjudication is included, names will be changed as directed in the adjudication.
MDH will use your application to complete a new birth record for your child and will return your marriage certificate to you. According to Minnesota Statutes, section 144.218, subdivision 3, the original birth record is considered confidential and will be released only if a court order is obtained.
To request a copy of your child's new birth certificate, see how to obtain a birth certificate.
For more information regarding the procedure for legitimation, please e-mail osr3@health.state.mn.us.
Application for a legitimation of a birth record (Interactive
PDF: 92KB/1 page). Word file: 36KB.
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