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