QUESTION
               You have asked whether Mississippi would recognize the beneficiary's purported marriage
                  where the couple, both Mississippi residents, obtained a marriage license and took
                  part in a marriage ceremony, but the marriage license was not returned and recorded
                  and no officiate signed the marriage license or certificate.
               
               OPINION
               We believe the marriage would be valid in Mississippi. The failure to return and record
                  the marriage license and the omission of the officiate’s signature on the license
                  does not invalidate the marriage.
               
               BACKGROUND
               Donell E~ (Beneficiary) receives Supplemental Security Income (SSI) and child’s insurance
                  benefits as a disabled child (CDB) on the earnings record of Ozell E~, the number
                  holder (NH). In June 2010, Lonell E~, Beneficiary's brother and representative payee,
                  reported to the Social Security Administration (SSA) that he had heard a rumor that
                  Beneficiary was married . Documents show Beneficiary and Sheila G. M~ (S.M.) applied
                  for a marriage license on June 5, 2008, at the Tippah County, Mississippi Circuit
                  Court Clerk’s office. The Circuit Clerk issued and signed a Marriage License and a
                  Marriage License and Certificate. SSA verified with the Circuit Clerk that Beneficiary
                  and S.M. obtained the license, but the license was not returned for recording. S.M.
                  sent the marriage license to SSA. The bottom removable portion of the marriage license
                  is attached and lacks an officiate’s signature. The certificate of marriage includes
                  the names of Beneficiary and S.M. and the date of July 26, 2008, but the certificate
                  is otherwise not completed.
               
               In his statement to SSA, Beneficiary's brother reported he asked Beneficiary about
                  the marriage, and Beneficiary stated he participated in a ceremony in July 2008. Beneficiary
                  also reportedly told his brother that he did not mention the marriage because he believed
                  he was not really married because S.M.'s father never filed the marriage license.
                  Beneficiary's brother stated Beneficiary lived with him and S.M. came to visit Beneficiary.
                  Beneficiary's brother also reported that Beneficiary and S.M. had dated for years
                  but had never lived together as a married couple, and she did not contribute to their
                  household expenses.
               
               Beneficiary reported to SSA that he participated in a religious marriage ceremony
                  between himself and S.M. on July 26, 2008; he remembered signing a paper and saying
                  vows. He thought the person performing the ceremony was a pastor, but he did not know
                  him. Beneficiary stated S.M.'s father never filed the marriage license with the courthouse.
                  Beneficiary reported he called two courthouses and they could not find a record of
                  the marriage. Beneficiary stated he did not think he was legally married.
               
               Beneficiary also reported that S.M. had stayed with him off and on for ten years,
                  but they have never lived as husband and wife. He stated he thinks S.M. lives with
                  her mother and sometimes stays with her sister, who is her representative payee. When
                  contacted by SSA, S.M.'s sister stated that S.M. primarily resided with her. S.M.'s
                  sister reported she was aware that a religious ceremony took place in 2008, and she
                  thought Beneficiary and S.M. were legally married at that time. She also reported
                  she had seen the marriage license but thought it looked odd because the bottom portion
                  of the license had not been removed.
               
               DISCUSSION
               An individual may be eligible for CDB on the earnings record of an insured individual
                  if, among other conditions, the individual is unmarried. See Social Security Act (Act) § 202(d)(1)(B); 20 C.F.R. §§ 404.350(a)(4), 404.352(b)(4)
                  (2010). An individual's marital status may also affect his or her eligibility for
                  SSI or the amount of SSI he or she receives. See Act § 1611(a)-(c); 20 C.F.R. §§ 416.202, 416.410, 416.412, 416.920, 416.432, 416.1160,
                  416.1802, 416.1802 (2010). Generally, SSA looks to the laws of the State where the
                  parties were domiciled to determine the validity of a marriage. See Act §§ 216(h)(1)(A)(i), 1614(d); 20 C.F.R. §§ 404.345, 416.1806(a)(1) (2010). The
                  information provided indicates Beneficiary and S.M. are residents of Mississippi.
                  Therefore, we look to Mississippi law to determine whether their purported marriage
                  was valid.
               
               The Supreme Court of Mississippi has recognized that the law favors marriage and “will
                  indulge every reasonable presumption in favor of the validity thereof.” Walker  v. Matthews, 3 So. 2d 820, 823-24 (Miss. 1941) (internal citations omitted). If a marriage is
                  established by evidence or admission, the burden of adducing evidence to the contrary
                  rests on the party who attacks it. Id.; see Blackwell v. Magee, 531 So. 2d 1193, 1195 (Miss. 1988) (the law will not declare a marriage a nullity
                  upon anything less than clear and certain testimony, once solemnized according to
                  the forms of law). Although Beneficiary has alleged his marriage is not valid, Beneficiary
                  did not provide sufficient evidence to rebut the presumption that his marriage to
                  S.M. is valid.
               
               Mississippi law does not directly address the issue of whether the failure to return
                  and record a marriage license renders a marriage invalid; however, the relevant statutes
                  and analogous case law support a conclusion that the failure to return and record
                  a marriage license does not affect the validity of a marriage. Mississippi statutory
                  law provides that no marriage contracted after April 5, 1956 (when the state no longer
                  recognized common law marriage), will be valid unless the contracting parties obtain
                  a marriage license as required by law and undergo a marriage ceremony performed by
                  a person or entity authorized by law to solemnize marriages. See Miss. Code Ann. § 93-1-15(1) (2010); South Central Heating & Plumbing Co. v. Campbell, 219 So. 2d 140, 142 (Miss. 1969); Irwin v.  Peals, 33 So. 2d 298, 299 (Miss. 1948) (holding marriage invalid where no evidence was
                  introduced that a license was issued). Failure to comply with both prerequisites will
                  render the purported marriage absolutely void, but the statute does not explicitly
                  state that purported marriages complying with the prerequisites are always valid.
                  See Miss. Code Ann. § 93-1-15(1).
               
               Beneficiary admitted he participated in a religious marriage ceremony between himself
                  and S.M. on July 26, 2008, signed a paper, and said vows. He thought the person performing
                  the ceremony was a pastor, but he did not know him. In his statement to SSA, Beneficiary's
                  brother reported he asked Beneficiary about the marriage, and Beneficiary stated he
                  participated in a ceremony in July 2008. When contacted by SSA, S. M.'s sister stated
                  that she was aware that a religious ceremony took place in 2008, and she thought Beneficiary
                  and S.M. were legally married at that time. The information provided contains no relevant
                  evidence to disprove the validity of the marriage ceremony. Claimant does not dispute
                  that the marriage was solemnized in accordance with state law. See Blackwell, 531 So. 2d at 1196 (refusing to find some hard-edged line of demarcation prescribing
                  minimum qualifications for one authorized to solemnize rites of matrimony under Mississippi
                  law and holding valid a ceremony performed by minister of Universal Life Church).
               
               Documents show Beneficiary and S.M. applied for a marriage license on June 5, 2008,
                  at the Tippah County, Mississippi Circuit Court Clerk’s office. The Circuit Clerk
                  issued and signed a Marriage License and a Marriage License and Certificate. SSA verified
                  with the Circuit Clerk that Beneficiary and S.M. obtained the license, but the license
                  was not returned for recording. S.M. sent the marriage license to SSA. The bottom
                  removable portion of the marriage license is attached and lacks an officiate’s signature.
                  The certificate of marriage includes the names of Beneficiary and S.M. and the date
                  of July 26, 2008, but the certificate is otherwise not completed.
               
               Mississippi law provides “[n]o irregularity in the issuance of or omission in the
                  license shall invalidate any marriage . . . .” Miss. Code Ann. § 93-1-13 (2010); see Zeigler v. Zeigler, 164 So. 768, 770 (Miss. 1935) (recognizing in case where father obtained marriage
                  license instead of contracting parties, that the chief desire of the courts is to
                  reach the real intention of the legislature, and “to adopt that interpretation which
                  will meet the real meaning, though such interpretation may be beyond or within, wider
                  or narrower, than the mere letter of the statute”). As the Mississippi Supreme Court
                  has observed: “Unthought of results must be avoided if possible, especially if injustice
                  follows, and unwise purpose will not be imputed to the Legislature when a reasonable
                  construction is possible.” Zeigler, 164 So. at 770. The court declined to invalidate the marriage based upon a technical
                  error. See id. These statutes and cases suggest that the failure to return or record a marriage
                  license amounts to no more than a technical error and will not render a marriage invalid.
               
               Mississippi law does address the obligation to return or record a marriage license
                  and provides consequences for the failure to do so: “The person who performs the marriage
                  ceremony shall complete and sign the section of the marriage license relating to the
                  ceremony, and shall return the record to the circuit clerk who issued the license
                  within five (5) days after the ceremony.” Miss. Code Ann. § 41-57-48(3) (2010). The
                  only express sanctions for noncompliance are directed at the official(s) responsible
                  for reporting, recording, or filing the license. See Miss. Code Ann. § 41-57-59 (2010). Neither provision is aimed at the contracting
                  parties.
               
               When Mississippi statutes or case law does not directly address an issue, Mississippi
                  courts may look to case law from other states for guidance. See, e.g., Cucos, Inc. v. McDaniel, 938 So. 2d 238, 243 (Miss. 2006) (recognizing “the use of other jurisdictions' jurisprudence
                  as guidance when this Court has not definitively ruled on the issue. Decisions from
                  other jurisdictions may have persuasive authority if well reasoned and promotive of
                  justice”); Doleac v. Real Estate Professionals, L.L.C., 911 So. 2d 496, 501-06 (Miss. 2005) (analyzing and concurring with other state and
                  circuit decisions in a case of first impression); Griffith v. Gulf Refining Co., 61 So. 2d 306, 307 (Miss. 1952) (noting the court is not bound by decisions of courts
                  of other jurisdictions on similar questions, but the court may consider the decisions
                  and such decisions may have persuasive authority, provided the decisions do not conflict
                  with Mississippi public policy); see also Blackwell, 531 So. 2d at 1196 (“The experience in other states in matters such as this is always
                  of value”).
               
               Courts in states with statutes similar to the Mississippi statutes described above
                  have refused to invalidate a marriage for failure to return or record a marriage license,
                  noting that if the legislature intended such marriages to be invalid, the legislature
                  could have done so by statute . See, e.g., State of Arizona v. Guadagni, 178 P.3d 473, 476 (Ariz. Ct. App. 2008) (observing such provisions “suggest that
                  the legislature intended to enforce the recording requirement by creating incentives
                  for the relevant official to carry out that duty-rather than by invalidating the marriage
                  altogether, a sanction that would under most circumstances, impose significant legal
                  consequences on the marrying parties for a mere ministerial oversight”); Stringer v. Sheffield, 451 So. 2d 320, 323 (Ala. Civ. App. 1984) (refusing to declare a marriage void because
                  the code sections do not declare a marriage void when the certificate is not filed,
                  “for, had the legislature intended such a severe and harsh result, it would have expressly
                  pronounced the invalidity of such marriages”); Accounts Mgmt., Inc. v. Litchfield, 576 N.W.2d 233, 235 (S.D. 1998) (stating the relevant statutes did not require action
                  or compliance by the parties to the marriage “we cannot imagine our legislators intended
                  that the mere act of recording would be necessary to ‘perfect’ the marital relationship
                  as if akin to a UCC [Uniform Commercial Code] filing”); 52 Am.Jur. 2d Marriage § 35 (2010) (stating it has been held that a marriage is not rendered void by the
                  fact that the license was not registered); see also Aghili v. Saadatnejadi, 958 S.W.2d 784, 788 (Tenn. Ct. App 1997) (marriage not invalid when license filed
                  late).
               
               As noted above, Mississippi law indicate a marriage is valid if the parties obtain
                  a marriage license in accordance with the law and undergo a marriage ceremony performed
                  by a person authorized to solemnize marriages. See Miss. Code Ann. § 93-1-15. Similar to the statutes involved in the cases from other
                  states, Mississippi law does not penalize the parties to the marriage if the marriage
                  license is not recorded. Instead, the person who performs the marriage has the duty
                  to return the marriage certificate for recording, and he or she would subject to any
                  sanctions. See Miss. Code Ann. §§ 41-57-48, 41-57-59. In light of the analogous cases discussed
                  above and Mississippi's general presumption of the validity of marriages, we conclude
                  that the failure to return and record the marriage does not invalidate Beneficiary’s
                  marriage.
               
               CONCLUSION
               We believe Mississippi would recognize Beneficiary’s marriage to S.M. as valid. Therefore,
                  Claimant would be married for the purposes of determining his eligibility for CDB
                  and his eligibility for or amount of SSI.
               
               Mary A. S~
               Regional Chief Counsel
               By:__________
               Haila N. K~
               Assistant Regional Counsel