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FACT BRIEF

Did a law Tim Walz signed allow a child to be taken away from parents who don't consent to ‘sex changes’?

By Tom Kertscher
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NO

Minnesota Gov. Tim Walz, Vice President Kamala Harris’ running mate, signed legislation allowing Minnesota courts to take “temporary emergency jurisdiction” in a child custody case involving “gender-affirming” care.

The April 2023 law does not change when the state can take custody away from parents or enable the state to take away custody in connection with such care.

The law defines gender-affirming care as “medically necessary” care that can include aligning “the patient's appearance … with the patient's gender identity.”

The law enables Minnesota to take temporary jurisdiction in a child custody dispute between parents in another state if one wants a child to obtain gender-affirming care in Minnesota.

Twenty-five states restrict gender-affirming care.

A spokesperson for Republican vice-presidential nominee JD Vance cited the Minnesota law to back Vance’s claim Aug. 7, 2024, in Eau Claire, Wisconsin, that Walz supports removing custody from parents who "don't want to consent to sex changes."

See a full discussion of this at Wisconsin Watch
This fact brief is responsive to conversations such as this one.
Sources
Minnesota Legislature HF 146 Status in the House for the 93rd Legislature (2023)
Minnesota Legislature HF 146 1st Engrossment
Minnesota House of Representatives Gender-Affirming Health Care; Subpoenas, Warrants, and Child Custody
FOX 9 Minneapolis-St. Paul JD Vance campaigns in Eau Claire, Wisconsin [FULL SPEECH]
MedPage Today These States Have Banned Youth Gender-Affirming Care
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.