As the character Juliet in William Shakespear’s Romeo and Juliet argued “[w]hat’s in a name? That which we call a rose by any other name would smell as sweet.” Despite this romantic sentiment declaring the importance of the object itself, rather than the name by which it is called, many individuals throughout the State of Connecticut and elsewhere demonstrate the perceived importance of a name by requesting a name change. There are many reasons why an individual may request a legal name change, including divorce, adoption, and personal preference.
Connecticut courts have held that in most circumstances “a person is free to adopt and use any name he sees fit” Shockley v. Okeke, 48 Conn. Supp. 647, 653 (2004), cert. granted 277 Conn. 923, appeal dismissed 280 Conn. 777. Courts in Connecticut have went on to reaffirm this notion by stating that “[o]rdinarily, an application for a change of name should be granted unless it appears that the use of the new name by the applicant will result in injury to some other person with respect to his legal rights, as, for instance, by facilitating unfair competition or fraud.” Id.; see also Don v. Don, 142 Conn. 309, 311-312 (1955).
Recognizing this right to a name, many states allow common law mechanisms for the change of an individual’s name, without the requirement of a judicial proceeding. In fact, according to a formal opinion issued by the Attorney General of the State of Connecticut in 1941, in the absence of statutory restriction, one could lawfully change his name without resort to any legal proceedings and for all purposes the name assumed would constitute his legal name. 22 Op.Atty.Gen. 249 (Oct. 17, 1941).
In the case that an individual wishes to utilize a judicial proceeding to change his/her name, there are three different proceedings that may be used to effectuate a change of name in Connecticut. The first is a petition to the Superior Court civil docket under Connecticut General Statute § 52-11 for a change of name. This statute grants the “superior court in each judicial district . . . jurisdiction of complaints praying for a change of name, brought by any person residing in the judicial district” and allows the Superior Court to “change the name of the complainant, who shall thereafter be known by the name prescribed by said court in its decree.” C.G.S. § 52-11.
The second judicial proceeding that may be employed to change a name in Connecticut is the filing a complaint for a change of name as a family relations matter before the family docket of the Superior Court under Connecticut General Statute § 46b-1 (6). This mechanism is oftentimes used to restore the birth name of an individual as a result of divorce. § 46b-63 allows the Superior Court presiding over a complaint for a dissolution of marriage to “[a]t the time of entering a decree dissolving a marriage, the court, upon request of either spouse, shall restore the birth name or former name of such spouse.” The word shall in this statutory provision has been interpreted by the courts to indicate that a name restoration following a divorce is an automatic entitlement. The jurisdiction of the Superior court to grant a name change after a divorce is not limited to a name restoration at the time of divorce, but also allows a spouse to enter a motion to modify a divorce judgment at any time after a decree dissolving the marriage is granted in order to restore a birth name. C.G.S. § 46b-63(b).
The third judicial device that may be used to change an individual’s name within Connecticut, is an application for a change of name to the Probate Court for the district where the minor child and the plaintiff reside under § 45a-99. This section of the law grants the probate court “concurrent jurisdiction with the Superior Court, as provided in section 52-11, to grant a change of name.” Thereafter, an individual who applied for a change of name in the Probate Court may appeal the decision to the Superior Court under § 46b-1.”
By whichever mechanism an individual chooses to change their legal name, it is important to consult a qualified attorney to explain the differences associated with each process, counsel on the preferential mechanism for effectuating a change in the individual’s specific circumstances, and ensure that all of the requirements of the individual court are complied with.