§ 52-11 — Complaints for change of name. Exceptions re offenders required to register with Commissioner of Emergency Services and Public Protection. Commissioner's standing to challenge change of name.

Connecticut § 52-11

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 895: Civil Jurisdiction

Text

(a) The superior court in each judicial district shall have jurisdiction of complaints praying for a change of name, brought by any person residing in the judicial district, and may change the name of the complainant, who shall thereafter be known by the name prescribed by said court in its decree, except that no superior court may issue an order or otherwise allow for the change of name of a person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as an offender convicted of committing a crime with a deadly weapon unless such person complies with the requirements of subdivision (1) of subsection (b) of this section. (b) (1) Any person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as an offender convicted of committing a crime with a deadly weapon who files an application with the Superior Court for a change of name shall (A) prior to filing such application, notify the Commissioner of Emergency Services and Public Protection, on such form as the commissioner may prescribe, that the person intends to file an application for a change of name, indicating the change of name sought, and (B) include with such application a sworn statement that such change of name is not being sought for the purpose of avoiding the legal consequences of a criminal conviction, including, but not limited to, a criminal conviction that requires such person to register as a sexual offender or as an offender convicted of committing a crime with a deadly weapon. (2) The Commissioner of Emergency Services and Public Protection shall have standing to challenge such person's application for a change of name in the superior court where such change of name is sought. The commissioner shall challenge the change of name through the Attorney General. The superior court may deny such person's application for a change of name if the court finds, by a preponderance of the evidence, that the person is applying for such change of name for the purpose of avoiding the legal consequences of a criminal conviction. (c) Whenever the court, pursuant to this section, orders a change of name of a person, the clerk of the court shall notify the Commissioner of Emergency Services and Public Protection of the issuance of such order if the clerk finds that such person is listed in the registry established and maintained pursuant to section 54-257 or in the registry established and maintained pursuant to section 54-280 . See Sec. 45a-99 re concurrent jurisdiction of Probate Court in matters concerning change of name. See Secs. 45a-736, 45a-737 re change of name of adopted persons. See Sec. 46b-1(6) re jurisdiction of Superior Court concerning complaints for change of name. See Sec. 46b-63 re jurisdiction of Superior Court to restore birth name or former name of spouse following decree dissolving marriage.

Legislative History

(1949 Rev., S. 7756; P.A. 76-436, S. 176, 681; P.A. 78-33, S. 2; 78-280, S. 1, 127; P.A. 03-202, S. 17; P.A. 08-54, S. 2; P.A. 11-51, S. 134; P.A. 13-3, S. 22.) History: P.A. 76-436 added reference to judicial districts, effective July 1, 1978; P.A. 78-33 and P.A. 78-280 replaced “county” with “judicial district” or deleted reference to counties as necessary to reflect transfer of jurisdiction from counties to judicial districts; P.A. 03-202 designated existing provisions as Subsec. (a) and added Subsec. (b) re notice to Commissioner of Public Safety; P.A. 08-54 amended Subsec. (a) to add exception re person required to register with Commissioner of Public Safety as a sexual offender, inserted new Subsec. (b) re requirements for sexual offender who files application and standing of commissioner to challenge change of name, and redesignated existing Subsec. (b) as Subsec. (c), effective May 12, 2008; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 13-3 amended Subsecs. (a) and (b) to add provisions re person required to register with commissioner as an offender convicted of committing a crime with a deadly weapon and amended Subsec. (c) to add reference to registry established pursuant to Sec. 54-280, effective January 1, 2014. If the applicant for a change of name resides in the county where the proceeding is brought, the fact that the applicant's technical domicile may be in another state does not deprive the court of jurisdiction. 142 C. 309. Cited. 17 CA 627. Cited. 32 CS 1. When the question presented is whether name of a minor child should be changed, the court, in line with its universal duty to protect the interests of minors, must take into consideration whether the change of name will promote child's best welfare. 48 CS 647.