C.L. v. State Registrar of Birth
Del. Fam., File No. CN97-04TN
Chapman, J.
(September 5, 2001)

 

     Case Summary: Mother petitioned the Court to have the child's birth certificate changed to remove Father's name, as his parental rights in the child were terminated in 1999. The Court looked to 13 Del.C. § 5901(b) and 13 Del.C. § 801, and concluded that it did not have the statutory authority to issue an order to change the birth certificate. The Court may order a name change in connection with a divorce proceeding, and may order an amendment to a birth certificate upon a paternity finding. However, no such statutory authority exists to amend or delete names on birth certificates ancillary to an order granting a petition for termination of parental rights. The petition was dismissed for lack of jurisdiction.

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