Issue
You requested opinions on whether the State of Utah would recognize marriages occurring
in Germany and the Republic of the Fiji Islands. You also asked if the marriage certificates
were valid proof of a legal name change for the individuals requesting replacement
Social Security cards under a new name.
SHORT ANSWER
Utah recognizes the validity of marriages contracted outside the jurisdiction of the
state, provided the marriage is valid by the laws of the jurisdiction in which such
marriage was contracted. Utah would recognize the marriages at issue. Utah recognizes
the common law right of an individual to assume a name, which upon common acceptance
in the community becomes that person's name, so long as such name is used nonfraudulently.
Because Utah recognizes the common law right to change one's name with no required
documentation, a married woman may one assume her husband's surname upon marriage,
as long as it is not for fraudulent purposes. As such, the marriage certificate is
valid proof of a legal name change for Jamie F~ (nee G~) and Priya D.~ P~ (nee N~).
FACTS
Jamie F~ (nee G~)
You provided us with a copy of an application for a replacement Social Security Number
Card in the name of Jamie F~ (nee G~). The application indicated that Ms. F~ is a
U.S. citizen. You also provided us with a copy of a German marriage certificate, which
states the surnames of the bride and groom and appears to be a custodian-issued certification
of the record; a copy of a Utah Driver's License in the name of Jamie G~; and a copy
of a U.S. passport in the name of Jamie G~. Priya D.~ P~ (nee N~)
You provided us with a copy of an application for a replacement Social Security Number
Card in the name of Priya D.~ P~ (nee N~). The application indicated that Ms. P~ is
a 'Legal Alien Allowed To Work. You also provided us with a copy of a marriage certificate
from the Republic of the Fiji Islands, which states the surnames of the bride and
groom and appears to be a custodian-issued certification of the record; a copy of
a U.S. Immigrant Visa in the name of Priya D.~ N~; a copy of verification from the
Department of Homeland Security that Priya D.~ N~ is a Lawful Permanent Resident authorized
to work in the U.S.; and a copy of a Republic of Fiji Islands passport in the name
of Priya D.~ N~.
DISCUSSION
Utah statutory provisions state that [a] marriage solemnized in any other country,
state, or territory, if valid where solemnized, is valid here unless the marriage
would be prohibited under another section here of the Utah marriage statue. Utah Code
Ann. §§ 30-1-4 (2005). Ms. F~ and Ms. P~ have presented what appear to be custodian-issued
marriage certificates, which under Agency policy, may serve as evidence of a valid
foreign ceremonial marriage. See POMS GN 00305.020, GN 00301.050.
With regard to the question of whether the marriage certificate is Valid proof of
a legal name change, POMS RM 00203.210B provides " that in order for a marriage certificate to be acceptable as an identity
document it must show, in addition to the new name, the person's age or date of birth
or parents' names." The marriage certificates that you provided contain the required
information necessary to be acceptable as an Agency identity document.
In addition, POMS RM 00203.210B.1.d provides" that whether a legal name change for a U.S. resident based on a foreign
marriage is valid depends on the law of the State where the applicant resides." There
is no Utah statutory provision or case law that provides a definitive answer to the
question of whether a marriage certificate is valid proof of a name change; however,
Utah recognizes the common law right to change one's name at will, and the State has
codified a process to produce a record of the change. See Utah Code Ann. § 42-1-1 through 41-1-3 (2005); In Re
Porter, 31 P.2d 519, 521 (Utah 2001). Further, marriage appears to be an event from which
a name change is recognized without having to file a separate name change petition.
See e.g., Utah County Marriage License Requirements, http://www.co.utah.ut.us/Dept/ClerkAud/marriageLic/index.asp(" If the bride plans on changing her last name, the . . . Drivers License Division
will want to see the certified copy of the Marriage License.").
The information that you provided to us indicates that the applications for replacement
Social Security Number Cards from Ms. F~ and Ms. P~ reflect their spouses' surnames.
It appears that Ms. F~ and Ms. P~ intend to become commonly and generally known in
the community under their spouses surnames, which comports with the common law requirement
for a legal name change, i.e., common acceptance in the community of the assumed name.
Moreover, the information you provided does not reflect that the requested name changes
are for fraudulent purposes.
Therefore, we believe the marriage certificates are valid proof of a legal name change.
CONCLUSION
Accordingly, we advise that:
(1) The State of Utah recognizes foreign marriages;
(2) The State of Utah would recognize the foreign marriages at issue as valid; and
(3) The marriage certificates presented by Jamie F~ (nee G~) and Priya D.~ P~ (nee
N~) are valid proof of a legal name change.
Deana R. E~-L~
Regional Chief Counsel, Region VIII
By _______________________
Teresa H. A~
Assistant Regional Counsel