The purpose of this memorandum is to respond to your request for an opinion on the
evidence a person must submit to the Social Security Administration (agency) to support
a legal name change on a number holder’s Social Security card and Numident record.
Specifically, you asked whether a Certificate of Domestic Partnership and other documentation,
including a Certificate of Holy Union, are sufficient to support a legal name change
on the number holder’s Social Security record. In our opinion, the Certificate of
Domestic Partnership and Certificate of Holy Union are insufficient to support a legal
name change on the number holder’s Social Security record.
As we understand the facts, Kenneth B~ (number holder) is an Arkansas resident. On
March 3, 2010, the City Clerk of Eureka Springs, Arkansas, issued a Certificate of
Registered Domestic Partnership that registered the number holder and Rodriguez J.
S~ as domestic partners, in accordance with City of Eureka Springs, Arkansas, Ordinance
No. 2052. The Circle of Light, a Eureka Springs chapel that provides wedding services,
issued a Certificate of Holy Union, a souvenir document, stating that the number holder
and Mr. S~ joined in Holy Union on March 3, 2010. The number holder requested a name
change to his Social Security record and in support presented to the agency the Certificate
of Registered Domestic Partnership and the Certificate of Holy Union. The number holder
requested the agency to change his name to Kenneth S- B~, to reflect Mr. S~’s last
name.
The Intelligence Reform and Terrorism Prevention Act requires the agency to “establish
minimum standards for verification of documents or records submitted by an individual
to establish eligibility for an original or replacement Social Security card.” See Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, §
7213(a)(1)(B). The Social Security Act (Act) empowers the agency to make rules and
regulations and to establish procedures, not inconsistent with the provisions of the
Act, which are necessary to carry out such provisions. 42 U.S.C. § 405(a). Consistent
with the Act, the agency’s procedure requires a legal document, as convincing evidence
of identity, to change an applicant’s name on the Social Security record. See POMS RM 00203.210A.2. An applicant for a name change must submit documentary evidence that the agency
regards as convincing evidence of identity. 20 C.F.R. § 422.107. The document must
contain sufficient information that identifies the applicant, such as the applicant’s
name, age, date of birth, parents’ names, photograph, or physical description of the
individual. 20 C.F.R. § 422.10(c). After the applicant submits evidence that the agency
regards as convincing evidence of identity and legal name change, the agency may issue
a replacement card bearing the same number and the new name of the applicant. 20 C.F.R.
§ 422.110(a).
Consistent with 42 U.S.C. § 405(a), the agency has adopted the following procedural
guideline: “For a U.S. resident, a legal name change based on a U.S. marriage depends
on the laws of the State where the marriage occurred.” POMS RM 00203.210B.1. Agency policy and procedures provide that “domestic partnership documents are
acceptable evidence of a name change event for purposes of obtaining a name change
on the Social Security card where either: (1) state law specifically allows partners
in a domestic partnership to change their names; or (2) under state law, a domestic
partnership is essentially equivalent to a marriage.” POMS PR 02707.055 (PR 09-169). Thus, in this case, the agency looks to Arkansas state law to determine
whether the number holder has submitted documents to support a legal name change and
to issue an original or a replacement Social Security card.
The Arkansas Office of Driver Services accepts, as evidence that a legal name change
has occurred, a marriage license, a divorce decree, a court order, or “any other document”
that it deems [1] to be satisfactory evidence that the name change is in accordance with state and
federal laws. Ark. Code Ann. § 27-16-506(b) (document needed in order to change the
name on a driver’s license). Here, the number holder submitted to the agency domestic
partnership documents to support a name change on his Social Security record. Arkansas
does not recognize and prohibits marriages between persons of the same sex. See Ark. Const. amend. LXXXIII, § 1 (marriage consists only of the union of one man and
one woman); Ark. Code Ann. § 9-11-208(b) (marriage license not issued to persons of
the same sex). Arkansas law specifically states that “no same-sex marriage shall be
recognized as entitled to benefits of marriage.” Ark. Code Ann. § 9-11-208(a). As
such, domestic partnership documents are not comparable to marriage documents, such
as a marriage license or divorce decree. Furthermore, Arkansas statutes authorize
only the circuit and chancery courts to change the name of a person on proper application
and showing of good reason. Ark. Code Ann. § 9-2-101. Neither the Certificate of Registered
Domestic Partnership nor the Certificate of Holy Union are court orders authorizing
a name change. Thus, the domestic partnership documents are neither marriage documents
nor court orders authorizing a name change.
We must then determine whether the Arkansas Office of Driver Services deems the Certificate
of Registered Domestic Partnership or the Certificate of Holy Union to be satisfactory
evidence that the name change is in accordance with state and federal laws.
Arkansas acknowledges the existence of domestic partnerships [2] but neither specifically allows partners in a domestic partnership to change their
names nor considers domestic partnerships as equivalent to marriage. Ark. Code Ann.
§ 9-11-208 (marriage licenses not issued to persons of the same sex). Indeed, the
Eureka Springs’ Ordinance Creating a Domestic Partnership Registry states, “[n]nothing
in this Chapter shall be construed as recognizing or treating a Registered Domestic
Partnership as a marriage.” Eureka Springs, Ark., Ordinance No. 2052. The Ordinance
further states that it neither alters, affects, or contravenes state law, or “conveys
to Registered Domestic Partners any new or different right, benefit, obligation or
entitlement, individually or jointly.” Id. The Ordinance merely recognizes the domestic partnership; it does not grant the partners
any rights under state law. We do not believe that the Arkansas Office of Driver Services
would deem the domestic partnership documents to be satisfactory evidence that the
name change is in accordance with state and federal laws. Therefore, the Certificate
of Domestic Partnership and Certificate of Holy Union are insufficient evidence to
support a legal name change under Arkansas law.
In summary, Arkansas law does not specifically provide for partners in a domestic
partnership to change their names. Under Arkansas law, a domestic partnership is not
“essentially equivalent to a marriage.” See Ark. Code Ann. § 9-11-208(a) (no same-sex marriage shall be recognized as entitled
to benefits of marriage). The Certificate of Domestic Partnership and Certificate
of Holy Union are insufficient evidence to support a legal name change under Arkansas
law. As such, the agency cannot accept the number holder’s domestic partnership documents
as acceptable evidence of a name change on his Social Security record. Thus, the number
holder has not presented satisfactory evidence to support his request for a legal
name change.
Very Truly Yours
Michael M~
Regional Chief Counsel
By: _________________
Ruben M~
Assistant Regional Counsel