QUESTION
Yes, SSA can process a name change for Florida residents based on foreign marriage
documents provided the document(s) appear to be properly formalized and SSA has no
information that would rebut the presumption that the purported marriage is valid
and provided the applicant provides sufficient proof of identity.
ANSWER
Yes, SSA can process a name change for Florida residents based on foreign marriage
documents provided the document(s) appear to be properly formalized and SSA has no
information that would rebut the presumption that the purported marriage is valid
and provided the applicant provides sufficient proof of identity.
BACKGROUND
The Intelligence Reform Terrorist Provision Act (IRTPA) of 2004 (Pub. L. 108-458),
which became effective in December 2005, required changes to the way SSA issues replacement
Social Security cards. Some of the changes relate to the documentation required to
permit SSA to issue a new card with different name. Recent regulations published to
address IRTPA issues clarify that reference to a change of the name on the Social
Security card is a “verified legal change[s] to the first name and/or surname." 20
C.F.R. §§ 422.103 and 422.110. The preamble to the regulations explained that SSA
added the terms “legal” and “verified” to the parenthetical statement that describes
name changes to provide a more precise description of the kind of name change we intended
as a basis for a replacement card. See “Social Security Number (SSN) Cards; Limiting Replacement Cards,” 71 Fed. Reg. 43,054,
43,055 (Jul. 31, 2006). Pursuant to POMS provisions published over the last several
months, you have been forwarding numerous requests for opinions about whether Florida
would accept purported marriage documents from various countries as a basis for permitting
a name change. Since, as explained in greater detail below, we have determined that
Florida would accept foreign marriage documents as a basis for a name change, we are
providing this guidance to help you and field office staff process these cases without
the need to refer each one for a legal opinion. It is our understanding that once
this opinion is published as precedent, you will only need to refer unusual questions
not covered below. Of course, we will be delighted to assist you with those unusual
cases as they arise.
DISCUSSION
When applying for a replacement SSN card to show a name change, the applicant generally
must submit an identity document supporting the change. This may be either a court
order or a marriage document. The name-change document should identify the applicant
by both the old and new names. In addition, the applicant must submit documentation
showing a description or photograph, or biographical information that can be compared
to SSA's number holder identification data. The description, photograph, or biographical
data may be either on the name change document itself, or on two other identity documents.
See POMS RM 00203.210(A)(1). POMS RM 00203.200, “Evidence of Identity for an SSN Card,” secton G(2), gives as examples of required
biographical information “age, date of birth, or parents' names.” If the state where
the applicant resides would acknowledge the foreign marriage, and the wife is taking
the husband's last name (or wants to take a new last name that hyphenates both partners'
surnames), SSA can process the name change request. See POMS RM 00203.210(B)(1)(a), (c), (D)(8).
Florida strongly supports an individual's right to control her or his own name, and
applies this principle to evidentiary matters that are uncontested. “At common law
a person could adopt another name at will, absent a fraudulent, criminal, or wrongful
purpose. . . . In keeping with the common law tradition, in Florida a person may adopt
a name other than his or her own as long as no fraudulent or wrongful purposes are
involved.” Isom v. Circuit Court of the Tenth Judicial Circuit, 437 S.2d 732, 733 (Fla. Dist. Ct. App. 1983). “A facially sufficient petition for
name change should be granted in the absence of evidence of a wrongful or fraudulent
purpose.” In re Name Change Petition of M~, 892 So.2d 1214, 1214 (Fla. Dist. Ct. App. 2005). Furthermore, Florida evidentiary
rules presume validity of marriage and will shift the burden of proof to those contesting
the validity of marriage: “[P]resumptions affecting the burden of proof declare or
implement some strong social policy of the state, like the validity of a marriage
. . . presumptions affecting the burden of producing evidence facilitate the determination
of the issues. These presumptions negate the necessity of proof in the absence of
contradictory evidence.” Insurance Co. of State of Pa. v. Guzman's Estate, 421 So.2d 597, 602 (Fla. Dist. Ct. App. 1982).
Florida generally recognizes foreign marriages as establishing a valid marriage in
Florida. “[A] valid marriage according to the law of a foreign nation will be recognized
as such in the United States.” In re Estate of S~, 902 So.2d 915, 918 (Fla. Dist. Ct. App. 2005), citing American Airlines, Inc., v. Mejia, 766 So.2d 305, 307 n. 5 (Fla. Dist. Ct. App. 2000). We found no statute or case
law that indicates Florida would treat foreign marriage documents differently based
on the country of origin.
This liberal policy, however, would be limited in Florida for certain types of marriage
that are expressly prohibited. Florida law does not allow same sex marriage. See Fla. Stat. Ann. § 741.212 (2006). Florida public policy is against incestuous marriage:
“Whoever knowingly marries or has sexual intercourse with a person to whom he is related
by lineal consanguinity, or brother, sister, uncle, aunt, nephew, or niece, commits
incest, which constitutes a felony . . . .” Fla. Stat. Ann. § 826.04 (2006). The Florida
courts have interpreted the prohibition against sibling marriage to prohibit half-sibling
marriage as well. See Carnes v. State, 725 So.2d 417, 418 (Fla. Dist. Ct. App. 1999). Florida also has elaborate rules
regarding the age of individuals who may marry:
(1) If either of the parties shall be under the age of 18 years but at least 16 years
of age, the county court judge or clerk of the circuit court shall issue a license
for the marriage of such party only if there is first presented and filed with him
or her the written consent of the parents or guardian of such minor to such marriage,
acknowledged before some officer authorized by law to take acknowledgments and administer
oaths. However, the license shall be issued without parental consent when both parents
of such minor are deceased at the time of making application or when such minor has
been married previously.
(2) The county court judge of any county in the state may, in the exercise of his
or her discretion, issue a license to marry to any male or female under the age of
18 years, upon application of both parties sworn under oath that they are the parents
of a child.
(3) When the fact of pregnancy is verified by the written statement of a licensed
physician, the county court judge of any county in the state may, in his or her discretion,
issue a license to marry:
(a) To any male or female under the age of 18 years upon application of both parties
sworn under oath that they are the expectant parents of a child; or
(b) To any female under the age of 18 years and male over the age of 18 years upon
the female's application sworn under oath that she is an expectant parent.
(4) No license to marry shall be granted to any person under the age of 16 years,
with or without the consent of the parents, except as provided in subsections (2)
and(3).
Fla. Stat. Ann. § 741.0405 (2006).
In addition, Florida has certain requirements for proper documentation of a marriage.
Although Florida does not appear to have signing requirements for the certificate
itself, the state does require signature and seal to validate a marriage at the licensing
stage. Obtaining a license requires an affidavit in writing signed by both parties,
identifying themselves. See Fla. Stat. Ann. § 741.04(1) (2006). Furthermore, the license itself must be under
the “hand and seal” (i.e., signature and seal) of the official issuing the license.
See Fla. Stat. Ann. 741.01(1) (2006). In the absence of a license, the certificate or
registry document would need to at least contain a seal and signature of the official
issuing the license. We do not believe signatures of the parties to the marriage would
be an absolute requirement, since Florida requires this for identification prior to
obtaining the license, rather than on the license or certificate itself. We presume,
then, that the signature of the official issuing the license indicates that the parties
adequately identified themselves to the official.
Under these rules, Florida would accept foreign marriage documents for a proposed
name change as long as (1) there is no evidence of fraud or improper purpose in the
presentation of alleged marriage documents; (2) there is no evidence of a prohibited
type of marriage, such as same sex, incestuous, or underage; and (3) the documents
contain a seal and signature of the person issuing the license.
There are a number of scenarios to consider when considering POMS application to a
name change request based on foreign marriage documentation. In addition to the marriage
document, POMS RM 00203.210(A)(1) also requires biographical information that can be compared to the applicant's
numident data. If the marriage event occurred within the last two years, POMS RM 00203.210(A)(1) requires that the marriage document contain either a photograph of the person
or biographical information (information on age, date of birth or parents' names) that can be compared to the NH's numident data. If the marriage document
indicates that the marriage occurred within the last two years and contains sufficient
biographical data to compare to the numident data, SSA can process the name change.
However, if the marriage event occurred over two years ago or the marriage document
does not contain sufficient biographical information, POMS RM 00203.210(A)(1) requires that the applicant provide two identifying documents, one with the
old name and one with the new name in accordance with the list of appropriate identifying
documentation found in POMS RM 00203.200(e). Therefore, in this scenario, the name change cannot be processed on the basis
of the marriage document(s) alone, but can be processed if the NH produces the other
identifying documents that comply with POMS. Please note, if an applicant for name change is not an United States citizen, please follow the
procedures listed in POMS RM 00203.210(C) and POMS RM 00203.200(H)(2)(d).
CONCLUSION
For the foregoing reasons, we believe SSA can process the name change based on a foreign
marriage document(s) provided the applicant's name change request complies with the
law of Florida and the request is processed consistent with POMS.
Mary A. S~
Regional Chief Counsel
By: ______________
Rollin M~
Assistant Regional Counsel