I. Questions Presented
Whether a declaration of domestic partnership from the State of Florida is acceptable
evidence for a name change on the Social Security card of a number holder (NH) who
currently resides in Lowell, Massachusetts.
II. Short Answer
We do not believe the Florida declaration of domestic partnership is acceptable evidence
to support a name change on the NH’s Social Security card under the agency’s rules.
III. Background
A January 25, 2009 Declaration of Domestic Partnership entered into in Broward County,
Florida, by Davis (the NH) and Timonthy, was submitted by the NH to support a legal
name change on his Social Secuirty card. The NH requested to have his surname changed
to match Timonthy’s surname.
IV. Applicable Law
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A.
Federal Law
Under the authority granted in 42 U.S.C. § 405(a), the agency has adopted procedural
guidelines that relate to name changes on Social Security cards. As relevant here,
the agency permits an individual to change his or her name on a Social Security card
based on a domestic partnership, when, for example, the “partner takes the other parties’
last name.” POMS RM 10212.055. A separate instruction states, however, that a name change due to a domestic partnership
requires the agency to determine whether that partnership would be accepted as evidence
for name-change purposes in the State where the domestic partnership was entered.
POMS RM 10212.045. The instruction also directs that, “when a legal opinion precedent is required to
determine whether the document submitted is acceptable for a name change, SSA does
not follow common law” but instead “generally follows statutory law…” Id.
In this case, if Florida statutory law provides that it would accept a declaration
of domestic partnership issued within the State, as acceptable evidence for a name
change, then the agency would as well.
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B.
State Law
The Florida Statutes do not permit a name change based on domestic partnership. Florida
does, however, permit name change based on marriage or “other legal process.” See, e.g., Fla. Stat. Ann. § 101.045 (2014). The requirements for a name change based on marriage
are not express in the Florida Statutes. The requirements for a name change petition—which
we presume is the “other legal process” referenced in Section 101.045—include no reference
to domestic partnernship. [1] In discussing domestic partnerships, the District Court of Appeal of Florida has
explained that “[the county Domestic Partnership Act (DPA)] does not reflect a legislative
value judgment that elevates a non-traditional personal relationship to equal status
with the marital relationship created under Chapter 741, Florida Statutes (1999).
Lowe v. Broward County, 766 So.2d 1199, 1206 (2000), review denied 789 So.2d 346. The Court also stated
that the DPA “does not create a legal relationship that … gives rise to rights and
obligations that survive the termination of the relationship” and that, “[u]nlike
a traditional marriage, a domestic partnership is purely contractual, based on the
mutual agreement of the parties.” Lowe, 766 So.2d at 1206.
Further, same-sex marriage is not allowed under Florida law. Fla. Stat. Ann. § 741.2
(2014). The Florida Statutes provide that “[m]arriages between persons of the same
sex entered into in any jurisdiction, whether within or outside the State of Florida,
the United States, or any other jurisdiction, either domestic or foreign, or any other
place or location, or relationships between persons of the same sex which are treated
as marriages in any jurisdiction, whether within or outside the State of Florida,
the United States, or any other jurisdiction, either domestic or foreign, or any other
place or location, are not recognized for any purpose in this state.” Id. (emphasis supplied).
V. Analysis
The agency should not accept Davis’s Florida-issued declaration of domestic partnership
as evidence for a name change because the State of Florida would not accept the document
for the same purpose.
The agency can only permit Davis to change his name on his Social Security card based
on a domestic partnership if that declaration of domestic partnership would be accepted
as evidence for name-change purposes in the State where the partnership was entered
– in this case, Florida.[2] POMS RM
10212.045. Florida law does not accept a declaration of domestic partnership as evidence for
name-change purposes. Rather, as discussed above, Florida allows legal name change
only when someone “marries” or follows an “other legal process” (which does not reference
or include domestic partnership). See, e.g., Fla. Stat. Ann. § 101.045 (2014), Fla. Stat. Ann. § 68.07 (2014). There is no provision
in the Florida Statutes that permits a name change based on domestic partnership.
Further, the State has expressly stated that a domestic partnership entered into in
Broward County, such as the partnership at issue in this case, is not the equivalent
of a marriage. See Lowe, 766 So.2d at 1206 (2000). Even if it were equivalent, Florida does not recognize
same-sex marriage. Fla. Stat. Ann. § 741.2 (2014). Based on an examination of Florida
law, we believe that the State would not accept a declaration of domestic partnership
as support for a legal name-change petition.
VI. Conclusion
We believe the State of Florida would not accept a declaration of domestic partnership,
issued within the State, as evidence to allow a legal name change. Thus, pursuant
to POMS RM 10212.045, we conclude that the agency should not accept such a declaration as evidence to
support a name change on the NH’s Social Security.
Karen Burzycki
Supervisory Attorney
By: ____________
Candace Lawrence
Assistant Regional Counsel