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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** IN RE MICHAELA LEE R.* (SC 16122)
McDonald, C. J., and Borden, Norcott, Katz, Palmer, Sullivan and Vertefeuille, Js. Argued February 16--officially released July 11, 2000 Counsel

Patrick B. Kwanashie, assistant attorney general, with whom were Maite Barainca, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellant (plaintiff). Bernadette M. Keyes, with whom, on the brief, was Shari A. Murphy, for the appellee (defendant).
Opinion

KATZ, J. This appeal requires us to determine whether a Probate Court of this state or the plaintiff, the commissioner of public health (commissioner),1 has the authority to delete a biological parent's name from a birth certificate when there is no allegation that the information is inaccurate. We conclude that neither the Probate Court nor the commissioner possesses such authority.

The record reveals the following relevant facts and procedural history. Michaela Lee R. (Michaela Lee), the daughter of the defendant,2 was born in 1985. At that time, the name of her biological father was placed on her birth certificate. The father, a notorious criminal in the New Haven area who has been imprisoned for most of his adult life, never developed a relationship with the child nor contributed to her financial support. As a result, in 1994, the Probate Court for the district of Madison, terminated the parental rights of Michaela Lee's father. Thereafter, the defendant, on behalf of Michaela Lee, applied to several private schools that require applicants to provide a ``long form'' birth certificate.3 Upon reviewing the application, several school officials recognized the father's name on the birth certificate and expressed concern about the possibility that he would come to campus. As a result, in February, 1996, the defendant applied to the Probate Court for the district of Madison to change Michaela Lee's surname and to remove the name of the biological father from the birth certificate.4 Following a hearing in March, 1996, the Probate Court granted the change of name application and ordered the commissioner to remove the biological father's name from Michaela Lee's birth certificate. The Probate Court determined that General Statutes (Rev. to 1995)

Download In re Michaela Lee R. (dissent below).pdf

Connecticut Law