Dansker v. Whittaker
A biological child who has been adopted can possess standing to appeal a Probate Court's decision that as a result of the adoption she lacks any right to inherit. Allegedly, William Kinell adopted the plaintiff, Cindy Dansker, on Feb. 16, 1971. Dansker's biological father, Joseph Whittaker Sr., passed away, and on March 22, 2013 the Probate Court found that Dansker lacked any rights of inheritance. On May 1, 2013, Dansker appealed to the Superior Court. Todd Whittaker filed a motion to dismiss Dansker's appeal and apparently argued that Dansker lacks standing to appeal the 1971 adoption decree. "One cannot rightfully invoke the jurisdiction of the court unless he [or she] has, in an individual or representative capacity, some real interest in the cause of action, or a legal or equitable right, title or interest in the subject matter of the controversy," pursuant to West Farms Mall LLC v. West Hartford, a 2006 decision of the Connecticut Supreme Court. The Superior Court found that Dansker appealed from the March 22, 2013, Probate Court decree, as opposed to the 1971 adoption decree. Dansker sufficiently alleged injury to her rights as a biological child of Joseph Whittaker Sr. to inherit from the decedent. The Superior Court found that Dansker is aggrieved, and it denied Todd Whittaker's motion to dismiss.