Question Presented
               Same-sex civil unions became legal in Colorado at 12 a.m. on May 1, 2013. Can the
                  agency accept a Colorado civil union certificate as evidence for a name change on
                  the Numident?
               
               Short Answer
               Yes. The agency can accept a Colorado civil union certificate issued after 12 a.m.
                  on May 1, 2013, as evidence for a name change.
               
               Background
               Colorado enacted the Colorado Civil Union Act on March 21, 2013. Same-sex civil unions
                  became effective in Colorado on May 1, 2013. Under the Act, a party to a civil union
                  has the same rights, benefits, protections, duties, obligations, responsibilities,
                  and other incidents under law, whether derived from statute, administrative or court
                  rules or regulations, common law, court decisions, or any other provision or source
                  of law, as are granted to or imposed upon a married spouse. See Colo. Rev. Stat. Ann. § 14-15-107(1) (West 2013).
               
               Discussion
               To process a name change, the agency must have evidence of three items: (1) a name
                  change event; (2) the new name; and (3) the number holder’s identity as shown on the
                  latest Numident record. See POMS RM 10212.015; POMS RM 10212.055. The agency should accept a Colorado civil union certificate as evidence of a new
                  name because the certificate demonstrates a name-change event and provides evidence
                  of a new name under Colorado law.
               
               The POMS recognizes that civil unions, like marriages, are name-change events. POMS
                  RM 10212.010 (stating that a civil union is a name-change event). Thus, the agency may accept
                  a civil union certificate from Colorado as evidence of a new name if: (1) the civil
                  union certificate “constitutes a legal name change in the State where the civil union
                  was entered,” POMS RM 10212.040, and (2) the new name can be derived from the name-change document. POMS RM 10212.055(B).
               
               Here, the civil union certificate constitutes a legal name change in Colorado. See POMS RM 10212.040. Parties to a civil union enjoy all of the same rights, benefits, and protections
                  as married persons under Colorado law. See Colo. Rev. Stat. Ann. § 14-15-107(1). In Colorado, a person can change his or her
                  name with a marriage certificate. See, e.g., Colorado Department of Revenue – Identification Requirements, http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251714422992&ssbinary=true (last visited May 6, 2013). Because the state of Colorado accepts marriage certificates
                  as evidence for a name change, they will also accept civil union certificates under
                  the Colorado Civil Union Act. See Colo. Rev. Stat. Ann. § 14-15-107(1). Further, the Colorado Civil Union Act requires
                  the civil union certificate to include particular information, including the parties’
                  names. See Colo. Rev. Stat. § 14-15-109(1). Thus, the agency will be able to derive a new last
                  name from the civil union certificate (the name-change document), as outlined in POMS
                  RM 10212.055(B) (specifying that civil-union documents containing the partner’s last name are
                  sufficient for a last-name change). Therefore, because the civil union certificate
                  constitutes a name-change document under Colorado law, the agency should accept a
                  Colorado civil union certificate as evidence of a new name when the new name can be
                  derived from the civil union certificate and there is satisfactory evidence of the
                  number holder’s identity. [1] POMS RM 10212.055(B), POMS RM 10212.040.
               
               With respect to dissolution, the Colorado Civil Union Act provides that a civil union
                  shall be dissolved in the same manner as a marriage. Colo. Rev. Stat. § 14-15-115(2);
                  see also Colo. Rev. Stat. § 14-10-106.5(1). In Colorado, to commence a legal separation or
                  dissolution of marriage proceeding, the party must file a petition for dissolution
                  pursuant to Colo. Rev. Stat. § 14-10-107(2)(a)-(g). In the petition for dissolution,
                  a party may request the restoration of a former or maiden name, which the court addresses
                  in the final divorce decree. See Domestic/Divorce, http://www.courts.state.co.us/userfiles/file/Self_Help/FAQ's/FAQ's%20and%20answers%20DIVORCE.pdf (last visited May 6, 2013); see also Petition for Dissolution, 19 Colo. Prac., Family Law & Practice § 12:2 (2d ed.) (if the petitioner seeks restoration
                  of a maiden or former name, that request should be included in the petition for dissolution).
                  Because parties to a divorce or annulment may request that a court restore a former
                  name, parties to a civil union may also request that a court restore a former or maiden
                  name. See Colo. Rev. Stat. Ann. § 14-15-107(1). Therefore, a final decree of dissolution of
                  a civil union should be accepted as proof of a name change in accordance with POMS
                  RM 10212.060 and 10212.065.
               
                
               Conclusion
               The agency may accept a Colorado civil union certificate issued on or after 12 a.m.
                  on May 1, 2013, as evidence for a name change because a civil union is a name-change
                  event, and the civil union certificate is evidence of a new name under Colorado law.
                  The agency may also accept a decree of dissolution of a civil union as proof of a
                  name change.
               
               John Jay Lee
               Regional Chief Counsel
               Region VIII
               By: _______________ 
               Kati Bostwick
               Assistant Regional Counsel