In re Michaela Lee R., (SC 16122)

• Decision Date: 11 July 2000
• Docket Number: (SC 16122)
• Citation: 253 Conn. 570,756 A.2d 214
• Court: Connecticut Supreme Court
• Parties: IN RE MICHAELA LEE R.

253 Conn. 570

756 A.2d 214

IN RE MICHAELA LEE R.¹

(SC 16122)

Supreme Court of Connecticut.

Argued February 16, 2000.

Officially released July 11, 2000.

McDonald, C. J., and Borden, Norcott, Katz, Palmer, Sullivan and Vertefeuille, Js. 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),² 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,³ 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.⁴ 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.⁵

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) § 19a-42 (d)⁶ provided courts of competent jurisdiction with the implied power to amend or to order an amendment of a birth certificate. Additionally, the Probate Court concluded that, pursuant to the commissioner's general supervisory powers over birth certificates under General Statutes (Rev. to 1995) § 19a-40,⁷ and the decision of the United States District Court of the District of Connecticut in Darnell v. Lloyd, 395 F. Sup. 1210 (D. Conn. 1975),⁸ the commissioner had the power to amend birth certificates beyond making changes that are specifically authorized by statute.

Subsequently, the commissioner moved for reconsideration of the Probate Court's decision, claiming that he had not been provided with notice of the hearing and that the Probate Court's decision had been affected by factual and legal errors. The Probate Court denied the commissioner's motion, finding that notice of the hearing had been mailed to the department of public health (department) and, therefore, that the commissioner's claim was without merit. Thereafter, pursuant to General Statutes (Rev. to 1995) §§ 45a-186 and 45a-187,⁹ the commissioner appealed from the Probate Court's judgment to the Superior Court, arguing that only the commissioner has the authority to amend birth certificates and, therefore, that the Probate Court lacked subject matter jurisdiction to amend or to order the amendment of Michaela Lee's birth certificate.¹⁰ After a trial, the Superior Court, DeMayo, J., affirmed the judgment of the Probate Court and ordered the father's name removed from the birth certificate. The trial court, sitting as the Probate Court,¹¹ concluded that, pursuant to General Statutes (Rev. to 1995) § 45a-98 (a),¹² which provides probate courts with the power to make orders to carry into effect the power and jurisdiction conferred on them, and General Statutes § 45a-99, which permits probate courts to grant an application for a change of name,¹³ the Probate Court had subject matter jurisdiction over the request for an amendment to the birth certificate. The trial court further concluded that probate courts have the equitable power to amend birth certificates to remove parental information when they find that an amendment is in the child's best interest and protects the child's reputation and privacy rights. Finally, the trial court concluded that, pursuant to General Statutes (Rev. to 1995) §§ 19a-41 and 19a-42 (e),¹⁴ the commissioner was authorized to amend the birth certificate, and, accordingly, ordered the commissioner to execute the Probate Court's order.

The commissioner appealed to the Appellate Court from the judgment of the trial court and, pursuant to Practice Book § 65-1 and General Statutes § 51-199 (c), we transferred the appeal to this court. We reverse the judgment of the trial court.

The commissioner claims on appeal that, because nothing in the General Statutes expressly authorizes probate courts to order the removal of accurate information from a birth certificate, the trial court improperly concluded that the Probate Court had subject matter jurisdiction to order the removal of the biological father's name from Michaela Lee's birth certificate. The commissioner also argues that the Probate Court's implied and equitable powers do not provide that court with jurisdiction to amend birth certificates in the requested manner. Additionally, the commissioner contends that even he does not have the power to remove the father's name, because, pursuant to General Statutes (Rev. to 1995) §§ 7-42¹⁵ and 19a-42,¹⁶ he may amend birth certificates only to correct errors or omissions regarding parentage, and the defendant does not seek amendment on those grounds.

The defendant argues in response that the Probate Court had the authority to order the amendment of Michaela Lee's birth certificate pursuant to both its explicit and implied statutory powers. Additionally, the defendant asserts that, because Michaela Lee's privacy interests are implicated, the commissioner must demonstrate a substantial state interest in not deleting the biological father's name. The defendant also renews several procedural claims made before the trial court as alternate grounds upon which to affirm the judgment.

I

The commissioner first claims that the trial court improperly concluded that the Probate Court had subject matter jurisdiction over the defendant's request for a birth certificate amendment. According to the commissioner, nothing in the statutory, implied or equitable powers of probate courts provides them with such jurisdiction. We agree with the commissioner.

We begin by outlining the jurisdiction of probate courts and the statutory provisions specifically regarding amendments to birth certificates. It is well established that courts of probate are statutory tribunals that have no common-law jurisdiction. In re Juvenile Appeal (85-BC), 195 Conn. 344, 366 n.18, 488 A.2d 790 (1985); Palmer v. Hartford National Bank & Trust Co., 160 Conn. 415, 428, 279 A.2d 726 (1971); Brownell v. Union & New Haven Trust Co., 143 Conn. 662, 665, 124 A.2d 901 (1956); Killen v. Klebanoff, 140 Conn. 111, 115, 98 A.2d 520 (1953); Potter v. Alcorn, 140 Conn. 96, 100, 99 A.2d 97 (1953). Accordingly, they "can exercise only such powers as are conferred on them by statute.... They have jurisdiction only when the facts exist on which the legislature has conditioned the exercise of their power.... Castro v. Viera, 207 Conn. 420, 428, 541 A.2d 1216 (1988); Killen v. Klebanoff, [supra, 115]; Palmer v. Reeves, 120 Conn. 405, 408-409, 182 A. 138 (1935). [A] court which exercises a limited and statutory jurisdiction is without jurisdiction to act unless it does so under the precise circumstances and in the manner particularly prescribed by the enabling legislation. Marcus' Appeal from Probate, 199 Conn. 524, 528-29, 509 A.2d 1 (1986); Heiser v. Morgan Guaranty Trust Co., 150 Conn. 563, 565, 192 A.2d 44 (1963)." (Internal quotation marks omitted.) In re Baby Z., 247 Conn. 474, 485-86, 724 A.2d 1035 (1999); see also Dept. of Social Services v. Saunders, 247 Conn. 686, 708, 724 A.2d 1093 (1999); Carten v. Carten, 153 Conn. 603, 614, 219 A.2d 711 (1966). "Ordinarily, therefore, whether a Probate Court has jurisdiction to enter a given order depends upon the interpretation of a statute. [1 W. Locke & P. Kohn, Connecticut Probate Practice (1950) p. 76]." Potter v. Alcorn, supra, 100.

Chapter 801a of the General Statutes outlines the jurisdiction and powers of probate courts. In addition to various powers regarding wills and estates, probate courts are provided with the authority to "make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of this state." General Statutes (Rev. to 1995) § 45a-98 (a) (6). Additionally, § 45a-99; see footnote 4 of this opinion; provides probate courts with the jurisdictional authority to grant applications for a change of name.¹⁷ Other sections of the General Statutes also address the jurisdiction of probate courts. In particular, General Statutes § 45a-736 permits probate courts to change the name of an adopted person as part of its approval of an adoption agreement. See footnote 12 of this opinion. We note that none of these sections addresses the power of probate courts to amend birth certificates or to order the department to amend birth certificates beyond the specific situations cited. General Statutes §§ 7-42 through 7-59 and §§ 19a-40 through 19a-42 govern the issuance and amendment of birth certificates. Local registrars of vital statistics¹⁸ may amend...