Accept marriage documents issued to same-sex couples for marriages that took place on January 05, 2015 or later by jurisdictions (town, county or State) in the State of Florida as evidence of a name change.

QUESTIONS

We are providing this opinion in accordance with Program Operations Manual System (POMS) RM 10212.035, Evidence of a Name Change based on a U.S. Same-Sex Marriage. Section D of POMS RM 10212.035 provides that when a State legalizes same-sex marriages, the Regional Chief Counsel should provide an opinion regarding the following information:

(1) whether the State permits parties to the same-sex marriage to change their names based on the marriage;

(2) the date the State will begin issuing marriage licenses and certificates to same-sex couples;

(3) any change to the status of a prior or new civil union or domestic partnership entered into in the same State; and

(4) whether a prior entered civil union or domestic partnership must be dissolved before entering into a same-sex marriage.

OPINION

Florida began issuing marriage licenses to same-sex couples on January 5, 2015, and it appears an individual may change his/her name based on a same-sex marriage. Therefore, the Social Security Administration (SSA) may accept marriage documents issued by Florida for same-sex marriages that took place on or after January 5, 2015, as evidence for a name change.^[1] Florida does not recognize civil unions or domestic partnerships. Although several Florida municipalities and counties do recognize domestic partnerships, most of these domestic partnerships automatically terminate if one partner to the partnership marries.

BACKGROUND

SSA updated POMS GN 00210.003(A) to reflect that Florida currently permits and recognizes same-sex marriages as of January 5, 2015.

DISCUSSION

 

Under Social Security regulations, a number holder may ask SSA to change his records, including his name. See 20 C.F.R. §§ 401.65, 422.110 (2015).^[2] The number holder must present convincing documentary evidence to justify a change in his records. See 20 C.F.R. §§ 422.107, 422.110(a). For SSA to process a name change, the number holder must provide evidence of the name change event, a new name, and the number holder’s identity on the latest Numident record.^[3] See 20 C.F.R. § 422.107(a), (c); POMS RM 10210.015(A); POMS RM 10212.015(A). SSA recognizes a number of events as basis for a name change, including a U.S. ceremonial or common law marriage.^[4] See POMS RM 10212.010.

 

SSA accepts all marriage documents issued by a State as evidence for name change based on ceremonial marriage. See POMS RM 10212.025. SSA also will accept a name-change document based on marriage as evidence for the new last name for the Numident if SSA can derive the new name from the document. See POMS RM 10212.055(B). A marriage document is the means by which the official records custodian documents a marriage record. See POMS RM 10212.025. A marriage record is the original marriage record kept by the official custodian. See id. Marriage certificates, souvenir certificates, and certified copies of marriage records are marriage documents and acceptable evidence for a name change. See id. In determining whether the document submitted is acceptable for a name change, SSA generally follows State statutes. See POMS RM 10212.015(B).

 

Florida previously denied recognition to same-sex marriages due to statutory and State Constitutional provisions, but began recognizing same-sex marriages on January 5, 2015. See POMS GN 00210.003(A); POMS PR 05825.011. Additionally, on June 26, 2015, the U.S. Supreme Court held that same-sex couples may exercise the fundamental right to marry under the United States Constitution. See Obergefell v. Hodges, 576 U.S. ---, 135 S. Ct. 2584, 2604-05 (2015). The Court held State laws invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Id. 135 S. Ct. at 2605. The Court also reasoned that having required all States to marry same-sex couples, “[i]t follows that the Court also must hold -- and it now does hold -- that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.” Id. at 2607-08.

1) Whether the State permits parties to the same-sex marriage to change their names based on marriage.

 

Florida law permits name changes based on marriage or “other legal process.” Fla. Stat. Ann. § 101.045(2)(c). Florida also has a civil process for a name change in which a party can petition for a court-ordered name change. See Fla. Stat. Ann. § 68.07 (Change of name); Fla. Fam. L.R.P. Form 12.982(a) (Petition for Change of Name (Adult)); Fla. Fam. L.R.P. Form 12.982(f) (Petition for Change of Name (Family)). The Florida Department of Highway Safety and Motor Vehicles (DMV) allows a name change to a driver’s license with an original or certified copy of a marriage certificate from a government agency as proof of legal name change by marriage.^[5] See Driver License, http://www.flhsmv.gov/ddl/namechange.html (last visited July 29, 2015); Gather Go Get Checklist for Name Change, http://www.gathergoget.com/checklist/checklist.aspx (last visited July 29, 2015). The Florida DMV makes no distinction between same-sex and opposite-sex marriage certificates. At least one Florida County tax collector’s office accepts same-sex marriage documents to update Florida driver’s licenses with name changes. See Orange County: Same-sex marriage certificates accepted for ID changes, http://www.wesh.com/news/orange-county-samesex-marriage-certificates-accepted-for-id-changes/30498220 (last visited July 29, 2015).

 

2) The date the State will begin issuing marriage licenses and certificates to same-sex couples.

 

Florida began issuing marriage licenses to same-sex couples on January 5, 2015. See Pareto v. Ruvin, Defendant Harvey Ruvin’s Motion for Clarification and Motion to Expedite, No. 14-1661 CA 24 (filed Dec. 22, 2014); id., Order on Defendant Harvey Ruvin’s Motion for Clarification and Motion to Expedite (issued Jan. 5, 2015) (authorizing the Miami-Dade Clerk of the Court to issue marriage licenses to prospective spouses of the same gender).^[6]

 

3) Whether there is any change in the status of a prior or new civil union or domestic partnership entered into in Florida.

 

Although some municipalities in Florida offer benefits to domestic partners,^[7] Florida law does not recognize civil unions, same-sex or otherwise. See Fla. Const. art I, § 27; Fla. Stat. Ann. § 741.212(stating previously that “relationships between persons of the same sex” are not recognized in Florida) (held unconstitutional by Brenner v. Scott, 999 F. Supp. 2d 1278, 1290 (N.D. Fla. 2014)). It is unclear at this time what effect recognition of same-sex marriages will have on prior or new domestic partnerships entered into in Florida municipalities and counties that recognize such arrangements.^[8]

 

4) Whether a prior entered civil union or domestic partnership must be dissolved before entering into a same-sex marriage.

 

As noted above, Florida law does not provide for civil unions or domestic partnerships. POMS PR 02707.011 (PR 15-012, Oct. 22, 2014) explains that a domestic partnership in Florida is not acceptable evidence to support a name change. We could not find any law providing that prior civil unions or domestic partnerships must be dissolved before entering into a marriage (same-sex or otherwise).^[9] However, all of the ordinances that we reviewed from municipalities and counties that provide for domestic partnership provide that the non-marital partnership automatically terminates when one partner marries. See, e.g., Broward County, Fla., part II, ch. 16 ½, art. VIII § 16 ½-154(b); Gainesville, Fla., part II, ch. 2, art. VIII § 2-611(c)(3)(a); Miami Dade County, Fla., part III, ch. 11A, art. IX, § 11A-73(b); Palm Beach County Ordinance No. 2006-002, § 5(d); Pensacola, Fl., part II, title V, ch. 5-3, § 5-3-3(b)(1); Pinellas County, Fla., part II, ch. 70, art. III, § 70-238(c)(1); Orlando, Fla., title I, ch. 57, art. VI, § 57-82(b)(1); Sarasota, Fla., part I, ch. 18, art. VIII, § 18-54(b)(1); Sarasota County, Fla., part II, ch. 62, art. XII, § 62-338(d).

CONCLUSION

Based on the above legal authority, Florida permits same-sex marriages as of January 5, 2015. Thus, SSA may accept marriage documents issued by Florida for same-sex marriages that took place on or after January 5, 2015, as evidence for a name change.

 

Mary Ann Sloan

Regional Chief Counsel

By:

Laura Verduci

Assistant Regional Counsel

An unrecorded Florida marriage license along with certified recorded copies of the Florida Witness Affidavit of Proof of Marriage signed by two competent witnesses, validating the unrecorded solemnized marriage as legal and valid is acceptable evidence of a name change event.

QUESTION

You have asked whether the Social Security Administration (SSA) may change the number holder’s name in her Numident based on evidence that includes a marriage license that was never recorded and affidavits by individuals who witnessed the marriage.

OPINION

The unrecorded marriage license, along with certified, recorded copies of witness affidavits, are marriage documents under Florida law that provide adequate evidence of a name change based on marriage and sufficient evidence of the number holder’s new last name. Therefore, SSA may change the number holder’s name based on the evidence provided.

BACKGROUND

According to the information we received, G~, the number holder (NH), applied for a replacement Social Security card and requested SSA change her name to G~. NH requested the name change based on her marriage to N~. NH provided a certified copy of an application to marry (i.e., a marriage license) from the Clerk of the Circuit Court of Brevard County, Florida, and a certificate from the Clerk stating that on December 15, 2009, the court issued a marriage license to N~ and NH. However, the marriage certificate was never returned to the court or recorded.

The Clerk also provided certified copies of four affidavits filed and recorded in the court’s official records. M~, the Parish Coordinator for Saint George Catholic Community at Patrick Air Force Base, submitted a notarized statement that she witnessed the wedding of N~ and NH on December XX, 2009. Rev. P~ submitted a notarized statement that he presided as the priest at the wedding of N~ and NH on December XX, 2009. N~ and M2~ submitted notarized statements that they witnessed the wedding of N~ and NH on December XX, 2009.

DISCUSSION

Social Security regulations provide that a number holder may request that SSA change his or her records, including his or her name. See 20 C.F.R. §§ 401.65, 422.110 (2014). ^[10] The number holder must present convincing documentary evidence to justify a change in his or her records. See 20 C.F.R. §§ 422.107, 422.110(a). To process a name change, the number holder must provide evidence of the name change event, a new name, and the number holder’s identity on the latest Numident record. See 20 C.F.R. § 422.107(a), (c); Program Operations Manual System (POMS) RM 10210.015(A); POMS RM 10212.015(A). SSA recognizes a number of events as the basis for a name change, including marriage. See POMS RM 10212.010.

SSA accepts all marriage documents issued by a state as evidence of name change based on marriage. See POMS RM 10212.025. SSA also will accept a name-change document based on marriage as evidence of the new last name for the Numident if SSA can derive the new name from the document. See POMS RM 10212.055(B). A marriage document is the means by which the official records custodian documents a marriage record. See POMS RM 10212.025. A marriage record is the original marriage record kept by the official custodian. See id. Marriage certificates, souvenir certificates, and certified copies of marriage records are marriage documents and acceptable evidence of a name change. See id. In determining whether the document submitted is acceptable for a name change, SSA generally follows State statutory law. See POMS RM 10212.015(B).

Because NH’s wedding occurred in Florida, we look to Florida law. Florida law establishes an alternative method for providing proof of marriage when the marriage has been solemnized and no marriage certificate is available. See Fla. Stat. Ann. § 741.10 (West 2014). In such cases, one may prove a marriage by affidavits signed under oath from two competent witnesses who were present and saw the marriage ceremony performed. See id. When filed and recorded in the office of the clerk of the circuit court that issued the marriage license, the affidavits have the same force and effect as a recorded marriage certificate. See id.

Claimant has a marriage license but no recorded marriage certificate. However, Claimant provided certified copies of affidavits from four witnesses stating they were present and saw the marriage ceremony performed. These affidavits were filed and recorded in the office of the clerk of the circuit court that issued the marriage license. These documents constitute the marriage record kept by the Florida office of the clerk. Therefore, these documents are marriage documents and are sufficient evidence of a name change based on marriage. See POMS RM 10212.025. These documents also provide sufficient evidence to support NH’s request for a name change because SSA can derive the new name from the documents. See POMS RM 10212.055(B).

CONCLUSION

The unrecorded marriage license and certified, recorded copies of witness affidavits are marriage documents that provide adequate evidence of a name change based on marriage and sufficient evidence of NH’s new name. Therefore, SSA may change NH’s name as requested in her application for a replacement Social Security card.

Mary Ann Sloan

Regional Chief Counsel

By: ___________________

 Rebecca Ringham

 Assistant Regional Counsel

All County Letter 08-25.

SSA does not accept a marriage document from the states of South Carolina, Alabama, Florida, Georgia, Kentucky, Mississippi and North Carolina as acceptable evidence for changing an individual’s first name in the event of marriage because these states do not have statutes specifically allowing an individual to change his or her first name in the event of marriage.

We conclude SSA should not recognize marriage as a valid name-change event in South Carolina, for a number holder wishing to change her first name because South Carolina does not have a statute expressly allowing a first-name change in the event of marriage.  Most of the states in this region follow the common law rule allowing a person to change his or her first name in the event of marriage (or at any other time). However, Social Security policy requires a state statute expressly allowing change of one’s first name based on a marriage, before a marriage can provide a basis for first-name change for Social Security purposes.

BACKGROUND

K~ , the number holder (NH), married J~ in South Carolina on August XX, 2011. On November XX, 2011, NH filed an SS-5 application to change her name from K~ to S~. In support of her application for a name change, NH submitted a copy of her South Carolina marriage certificate dated August XX, 2011 The marriage certificate does not specify the new name NH requests.

, a copy of her current Social Security card issued in the name of K~, and a copy of her South Carolina driver’s license issued in the name of K~.  According to the information we received, NH did not provide any evidence that she legally changed her first name from K~ to S~.

DISCUSSION

For SSA enumeration purposes, a legal name consists of a first name and a last name. See Program Operations Manual System (POMS) RM 10212.001(A).  SSA recognizes a number of events as the basis for a name change, including marriage. See POMS RM 10212.010.  To process a name-change request, SSA must obtain evidence of a name-change event, evidence of a new name, and evidence of the number holder’s identity. The Intelligence Reform and Terrorism Prevention Act requires SSA to “establish minimum standards for verification of documents or records submitted by an individual to establish eligibility for an original or replacement social security card . . . .” Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, § 7213(a)(1)(B); see POMS RM 10210.001, RM 10210.405(B).  "In name change situations, the applicant must submit the name change document (the document that shows the name change event)." POMS RM 10210.001. See POMS RM 10212.015(A). SSA generally considers an acceptable name-change document evidence of the name-change event. See POMS RM 10212.015(B). In determining whether the document submitted is acceptable for a name change, SSA does not follow common law. See id. Instead, SSA generally follows State statutory law. See id.

SSA obtains the new name from the name-change document except when the name change is based upon an event such as a marriage. See POMS RM 10212.015(C). "Marriage certificates, souvenir certificates, and certified copies of marriage records are considered marriage documents and acceptable evidence of a name change." POMS RM 10212.25.  SSA will accept a name-change document based on marriage as evidence of the new name for the Social Security card if the new name can be derived from the document. See POMS RM 10212.055(B). However, SSA generally only permits changes to the last name using the names shown on the marriage document. See id. SSA will change an individual's first and last name as shown on a name-change document (e.g., a marriage certificate) only if State statutory law states the name-change document is acceptable evidence of a change to the individual's first and last name. See id. (Exception). 

Therefore, we researched the statutory law of the States in Region IV to determine whether each State would recognize a marriage certificate or other marriage document as acceptable evidence to change an individual's first name.  Below is a discussion for each State, presented alphabetically. We discuss NH's specific situation in the South Carolina section.

ALABAMA:

We did not find any Alabama statute that expressly allows an individual to change his or her name based on marriage. Alabama follows the common law principle allowing a person to adopt what name he or she pleases, if the change is not for fraudulent purposes. See State v. Taylor, 415 So. 2d 1043, 1046-48 (Ala. 1982). Alabama also allows a person to petition for a change of name in probate court. See Ala. Code § 12-13-1(b)(10) (2011).  A person may change his name by filing with the court a signed written declaration stating his old and new names. See id. Esco v. Alabama, 179 So. 2d 766, 770 (Ala. 1965). Because Alabama does not have a statute expressly allowing a person to change his or her first or full name in the event of marriage, an Alabama marriage document would not be acceptable evidence to allow SSA to change a number holder's first name.

FLORIDA:

We did not find any Florida statute that expressly allows an individual to change his or her name based on marriage.  Florida follows the common law by allowing a person to adopt a name other than his or her own, in the absence of a fraudulent or wrongful purpose. See Isom v. Circuit Court of the Tenth Judicial Circuit, 437 So. 2d 732, 733 (Fla. Dist. Ct. App. 1983).  Florida also allows a person to petition for a change of name in the chancery court in the county in which he or she resides. See Fla. Stat. § 68.07 (2011). “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). Because Florida does not have a statute expressly allowing a person to change his or her first or full name in the event of marriage, a Florida marriage document would not be acceptable evidence to allow SSA to change a number holder's first name

 GEORGIA:

Georgia requires an applicant to provide his or her full present name when applying for a marriage license. See Ga. Code Ann. § 19-3-33 (West 2011). The application also directs applicants to designate the surnames they will use as their legal surnames after the marriage is consummated. See Ga. Code Ann § 19-3-33.1 (West 2011). The spouse may use as his or her legal surname or the name of his or her spouse. Id.  Georgia law also allows a person who wants to change his or her name to file a petition in the superior court of the county of his or her residence. See Ga. Code Ann § 19-12-1 (West 2011). Georgia law specifically does not allow a person to change his or her name to fraudulently deprive another of any right under the law. See Ga. Code Ann § 19-12-4 (West 2011).  The superior court may grant or deny an application for name change based solely on a sound legal discretion. See Binford v. Reid, 63 S.E.2d 345, 346 (Ga. Ct. App. 1951). Accordingly, an individual applying for a marriage license in Georgia may change his or her surname, but Georgia statutes do not appear to allow an individual to change his or her first name when applying for a marriage license.  Thus, because Georgia does not have a statute expressly allowing a person to change his or her first name in the event of marriage, a Georgia marriage document would not be acceptable evidence to allow SSA to change a number holder's first name. 

KENTUCKY:

We did not find any Kentucky statute that expressly allows an individual to change his or her name based on marriage.  Kentucky "recognizes the common law right of any person to informally change their name by public declaration." Burke v. Hammonds, 586 S.W.2d 307, 308 (Ky. Ct. App. 1979). Kentucky also allows any person at least eighteen years of age to change his or her name in the district court of the county in which he or she resides. See Ky. Rev. Stat. Ann. § 401.010 (West 2011). This statute does not abrogate the common law, but merely insures that a permanent record is made of the name change.  See B~, 586 S.W.2d at 308.  A Kentucky marriage license must include vital information for each party, including the full name of each party. See Ky. Rev. Stat. Ann. § 402.100(1) (2011). The marriage certificate also requires a statement including the names of the persons married. See Ky. Rev. Stat. Ann. § 402.100(2)(a) (West 2011).  Neither the marriage license nor the marriage certificate appear to require the names of the parties after the marriage is completed. See Ky. Rev. Stat. Ann. § 402.100 (West 2011).   Because Kentucky does not have a statute expressly allowing a person to change his or her first name in the event of marriage, a Kentucky marriage document would not be acceptable evidence to allow SSA to change a number holder's first name

MISSISSIPPI:

We did not find any Mississippi statute that expressly allows an individual to change his or her name based on marriage.  Mississippi law provides, "at common law, any person of mature years may voluntarily change his name, without necessity of statute, provided the change was not for fraudulent purpose and does not interfere with the rights of others." Marshall v. Marshall, 93 So. 2d 822, 826 (Miss. 1957). Mississippi also allows a person to petition the chancery court to alter his or her names, but the statute is silent on what evidence, if any, is required for a person to change his or her name. See Miss. Code Ann. § 93-17-1 (West 2011). An application to obtain a Mississippi marriage license requires the parties to include their names and other information, but Mississippi law does not require that the application or the marriage license or certificate include the names the parties would use after the marriage. See Miss. Code Ann. § 93-1-5(a) (West 2011). Because Mississippi does not have a statute expressly allowing a person to change his or her first name in the event of marriage, a Mississippi marriage document would not be acceptable evidence to allow SSA to change a number holder's first name

NORTH CAROLINA:

We did not find any North Carolina statute that expressly allows an individual to change his or her name based on marriage. See N.C. Gen. Stat. § 51-8; 51-16 (West 2011). North Carolina follows the common law by allowing a person to adopt another name at will, absent a fraudulent or illegal purpose. See State of North Carolina v. Johnson, 690 S.E. 2d 707, 709 (N.C. Ct. App. 2010). North Carolina also provides a judicial process for a name change. See N.C. Gen. Stat. § 101-2 (West 2011); however, this procedure does not abrogate the common law. See In re M~, 216 S.E. 2d 147, 150 (N.C. 1975).  An application to obtain a North Carolina marriage license requires the full names of both applicants, but does not identify the names the parties will use after the marriage is completed. See N.C. Gen. Stat. §§ 51-8, 51-16 (West 2011).  Because North Carolina does not have a statute expressly allowing a person to change his or her first or full name in the event of marriage, a North Carolina marriage document would not be acceptable evidence to allow SSA to change a number holder's first name

SOUTH CAROLINA:

We did not find any South Carolina statute that expressly allows an individual to change his or her name based on marriage. See S.C. Code Ann. § 20-1-220 (2011).  South Carolina follows the common law by allowing a person to change his name without the intervention of Court or Legislature. See Brayton v. Beall, 53 S.E. 641, 642 (S.C. 1906) (holding court ordered name changes fix the time of a name change with some certainty, but they do not affect the common law right of a person to change his or her name). South Carolina also allows a person to petition for a change of name in family court. See S.C. Code Ann. § 15-49-10 (2011).  An application to obtain a South Carolina marriage license requires the names of both applicants, but does not identify the names the parties will use after the marriage is completed. See S.C. Code Ann. § 20-1-220 (2011). Because South Carolina does not have a statute expressly allowing a person to change his or her first or full name in the event of marriage, a South Carolina marriage document would not be acceptable evidence to allow SSA to change a number holder's first name. Consequently, NH’s marriage certificate would not be acceptable evidence of a valid namechange event and SSA would not be able to process a first name change for NH. 

TENNESSEE:

We did not find any Tennessee statute that expressly allows an individual to change his or her name based on marriage. See Tenn. Code Ann. § 36-3-103 (West 2011). Tennessee follows the common law by allowing a person to use any name he or she chooses, without fraudulent purposes. See In re J~, 87 S.W. 3d 513, 515 (Tenn. Ct. App. 2002). Tennessee also allows a person to petition for a change of name in the circuit, probate, and county courts. See Tenn. Code Ann. § 29-8-101 (West 2011). An application to obtain a Tennessee marriage license requires the names of both applicants, but does not identify the names the parties will use after the marriage is completed. See Tenn. Code Ann. § 36-3-103 (West 2011). Because Tennessee does not have a statute expressly allowing a person to change his or her first or full name in the event of marriage, a Tennessee marriage document would not be acceptable evidence to allow SSA to change a number holder's first name.

CONCLUSION

NH’s marriage certificate is not an acceptable document for changing NH's first name because South Carolina does not have a statute that expressly provides for such a change in the event of marriage.  Additionally, SSA should not recognize marriage documents from the other Region IV States as acceptable evidence for changing an individual's first name because these States also do not have statutes specifically allowing an individual to change his or her first name in the event of marriage.  

Mary Ann Sloan

Regional Chief Counsel

By: ___________________

 Natalie K. Jemison

 Assistant Regional Counsel

All County Letter 08-25.