2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 801a Probate Court: Jurisdiction, Powers
Sec. 45a-99. (Formerly Sec. 45-3b). Jurisdiction to grant change of name. Exceptions. Requirements re persons required to register with Commissioner of Public Safety as a sexual offender. Commissioner's standing to challenge change of name.

      Sec. 45a-99. (Formerly Sec. 45-3b). Jurisdiction to grant change of name. Exceptions. Requirements re persons required to register with Commissioner of Public Safety as a sexual offender. Commissioner's standing to challenge change of name. (a) The courts of probate shall have concurrent jurisdiction with the Superior Court, as provided in section 52-11, to grant a change of name, except a change of name granted in accordance with subsection (a) of section 46b-63, except that no court of probate may issue an order or otherwise allow for the change of name of a person who is required to register with the Commissioner of Public Safety as a sexual offender 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 Public Safety as a sexual offender who files an application with the Court of Probate for a change of name shall (A) prior to filing such application, notify the Commissioner of Public Safety, 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.

      (2) The Commissioner of Public Safety shall have standing to challenge such person's application for a change of name in the court of probate where such change of name is sought. The commissioner shall challenge the change of name through the Attorney General. The court of probate 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 court shall notify the Commissioner of Public Safety of the issuance of such order if the court finds that such person is listed in the registry established and maintained pursuant to section 54-257.

      (P.A. 78-33, S. 1; P.A. 80-476, S. 100; P.A. 91-10; P.A. 03-202, S. 18; P.A. 08-54, S. 1.)

      History: P.A. 80-476 rephrased provision, moving exception from beginning of section to its end; Sec. 45-29v transferred to Sec. 45-3b in 1987; Sec. 45-3b transferred to Sec. 45a-99 in 1991; P.A. 91-10 added "subsection (a) of" before "section 46b-63"; 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.

      See Secs. 45a-736, 45a-737 re change of name of adopted persons.

      See Secs. 46b-1(6), 52-11 re jurisdiction of Superior Court concerning complaints for change of name.

      Annotation to former section 45-3b:

      Cited. 17 CA 627.

      Annotation to present section:

      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 the child's best welfare. 48 CS 647.