2023 House Bill 5300

Probate: other; name change proceedings; modify.

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1 and 3 of chapter XI (MCL 711.1 and 711.3), section 1 as amended by 2020 PA 40 and section 3 as added by 2000 PA 111.

House Fiscal Agency Analysis

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.

Introduced in the House

Nov. 3, 2023

Introduced by Rep. Laurie Pohutsky (D-17) and four co-sponsors

Co-sponsored by Reps. Emily Dievendorf (D-77), Felicia Brabec (D-33), Helena Scott (D-7) and Jason Morgan (D-23)

Referred to the Committee on Judiciary

Feb. 14, 2024

Reported without amendment

Dec. 13, 2024

Substitute H-1 offered by Rep. Laurie Pohutsky (D-17)

The substitute passed by voice vote

Passed in the House 56 to 0 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote