QUESTION PRESENTED
               This is in response to your February 24, 2004, request for an opinion on whether T1~
                  ("the Number Holder") and T2~ ("the claimant") had a valid marriage under the law
                  of the State of Delaware, given that she and the Number Holder were married through
                  a parent-arranged marriage in South Vietnam on May XX, 19XX.
               
               SUMMARY
               We reviewed the information you provided and researched the relevant provisions of
                  Delaware law as it pertains to the validity of a foreign marriage. Delaware law follows
                  the general principle that a marriage valid under the law of the place where it was
                  contracted ("lex loci contractus") is valid in Delaware. As noted in Program Operations Manual System GN 00307.930
                  (TN 31, 08/05), only civil marriages were valid in South Vietnam in 1975, and marriages
                  were usually performed by civil authorities and entered into their records at that
                  time. Given the claimant's representation of the nature of parent-arranged marriages
                  in South Vietnam, we contacted the Law Library of the Library of Congress (Law Library)
                  to obtain information on parent-arranged marriages in South Vietnam in 1964. Based
                  on its review of its archived reports, the Law Library advised that the fact that
                  a union is the result of a parent-arranged marriage did not appear to be relevant
                  to the requirement that a marriage had to be registered under South Vietnam law. Inasmuch
                  as the claimant averred that there was no proof of her marriage to the Number Holder,
                  including no documentation of her parent-arranged marriage, this suggests her parent-arranged
                  marriage was never registered in South Vietnam. As such, the claimant does not appear
                  to have a valid legal marriage under South Vietnam law. Accordingly, the claimant's
                  parent-arranged marriage to the Number Holder would not be considered valid under
                  Delaware law.
               
               BACKGROUND
               The claimant applied for widow's insurance benefits on January XX, 20XX. As we understand
                  the facts, the claimant reported that she and the Number Holder were married on May
                  XX, 19XX, in South Vietnam. The claimant and the Number Holder did not have a ceremonial
                  marriage and there was no formal marriage ceremony. The claimant said she and the
                  Number Holder had a parent-arranged marriage. The claimant stated the Number Holder's
                  father went to her family and arranged for the marriage. In May 1964, the claimant
                  and her family went to the Number Holder's house. They celebrated the marriage with
                  a party for all of their relatives and friends. The party included the claimant's
                  sister, brother-in-law and nephew, all of who currently reside in Delaware. After
                  that, the claimant reported that she went to live with the Number Holder and his family
                  in his family's home. When asked to supply proof of her marriage, the claimant reported
                  there were no newspaper accounts of the wedding and no photos were taken of the marriage.
                  Claimant averred there was no proof of her marriage to the Number Holder. The claimant
                  stated there was never any recordation or documentation of a parent-arranged marriage
                  in South Vietnam. Outside of the circumstances surrounding the claimant's parent-arranged
                  marriage, no secondary proof of the marriage was developed. The marriage ended when
                  the Number Holder, a Delaware domiciliary, died on January 23, 2004.
               
               DISCUSSION
               Pursuant to section 216(h)(1)(A)(i) of the Social Security Act (Act), an applicant
                  is considered the widow of an insured individual if the courts of the insured individual's
                  domicile at the time of his death would find that the applicant and the insured individual
                  were validly married when he died. In this case, the Number Holder died a Delaware
                  domiciliary. Thus, the issue of whether the claimant was validly married to the Number
                  Holder must be evaluated under Delaware law.
               
               Delaware law follows the general principle that a marriage valid under lex loci contractus is valid in Delaware. Anonymous v. Anonymous, 85 A.2d 706, 715 (Del. Super. Ct. 1951). Inasmuch as Delaware law follows the usually
                  accepted principle that the law governing the validity of the marriage is generally
                  that of the place where the marriage was contracted, the validity of the marriage
                  between the claimant and the Number Holder is dependent on whether their parent-arranged
                  marriage would be considered valid under South Vietnam law. We contacted the Law Library
                  to obtain information on parent-arranged marriages in South Vietnam. W~, the Director
                  of Legal Research of the Law Library, initially informed us that the Law Library was
                  unable to provide the Agency with assistance in this matter because it did not have
                  an attorney on staff with a specialized knowledge of South Vietnam law. However, W~
                  told us that the Law Library was in the process of developing a list of qualified
                  foreign attorneys that it could contact in the future, on an as-needed basis, to respond
                  to inquiries like ours. Pursuant to our request, W~ ordered a review of the Law Library's
                  existing reports to see whether there was anything in its archives that may be of
                  assistance to us in this case.
               
               Based on its review of the reports written by the recently-retired Vietnamese legal
                  specialist, the Law Library told us that South Vietnam required the registration of
                  a union and issuance of a marriage certificate or, in the alternative, the union's
                  notation in the Civil Status Registry as legal proof of a valid marriage. The Law
                  Library also advised us that under the laws of registration of civil status, a court
                  of the first-instance could issue a certificate recognizing an unregistered union
                  as a marriage and a copy of such a certificate would be considered a valid proof of
                  marriage. The Law Library reported that a common-law marriage was not recognized as
                  a valid marriage under South Vietnam law, no matter how long the union lasted or how
                  many children may have resulted. Thus, given its review of South Vietnam law, the
                  Law Library informed us that the fact that a union is the result of a parent-arranged
                  marriage did not appear to be relevant to the requirement that a marriage had to be
                  registered. Here, the claimant averred that there was no proof of her marriage to
                  the Number Holder, including no documentation of her parent-arranged marriage, because
                  there was never any documentation of parent-arranged marriages in South Vietnam. Her
                  statement suggests her parent-arranged marriage to the Number Holder was never registered
                  in South Vietnam. As such, the claimant does not appear to have a valid legal marriage
                  under South Vietnam law. Accordingly, the claimant's parent-arranged marriage to the
                  Number Holder would not be considered valid under Delaware law under the principle
                  of lex loci contractus.
               
               CONCLUSION
               For the reasons stated above, the claimant's foreign marriage to the Number Holder
                  would not be considered valid under Delaware law because the fact that a union is
                  a result of a parent-arranged marriage does not appear to negate the requirement under
                  South Vietnam law that a marriage had to be registered.
               
               Donna L. C~
 Regional Chief Counsel
               
               By:_________________________
 Lori K~
 Assistant Regional Counsel