Wynn

Wynn v. Superior Court

Good Law
176 Cal. App. 4th 346·2009 Cal. App. LEXIS 1286·98 Cal. Rptr. 3d 86
Court of Appeal of CaliforniaAugust 4, 2009F056975California2,408 words

Opinion

Opinion

Dawson, J.

Karen Victoria Dahlberg Wynn (appellant) filed a petition in the superior court seeking an order correcting her original birth certificate to state the actual names of her birth parents rather than the fictitious names her mother used when the original certificate was prepared. Appellant’s situation is unusual because her original birth certificate is sealed and her legally operative birth certificate lists her adoptive parents.

The superior court denied the petition on the ground that it lacked the legal authority to modify the original, sealed birth certificate because a subsequent certificate was in effect.

We conclude appellant qualifies as an interested person who may bring an action to adjudicate her parentage and, therefore, the superior court had the authority to adjudicate the facts concerning a possible biological relationship between mother and daughter. Furthermore, if the superior court determines appellant’s original birth certificate is not accurate regarding her parentage, then it must order the issuance of a new birth certificate.

Accordingly, we will reverse the order denying appellant’s petition and remand for further proceedings.

FACTS AND…

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