QUESTION
You asked whether registration of a domestic partnership in Washington can provide
a basis for a Social Security Number (SSN) name change after December 3, 2009, when
amendments to Washington’s registered domestic partnership statutes took effect.
SHORT ANSWER
No. Registration of a domestic partnership in Washington does not effectuate or yield
proof of a legal name change. However, a statement of name change form filed by the
partners to an existing Washington registered domestic partnership provides the basis
to change the name on the SSN. Furthermore, a certificate of registered domestic partnership
issued in response to the filing of a statement of name change may serve as evidence
of a name change, but in such circumstance, additional evidence of identity is required
in order to process the name change. Based on the foregoing analysis, we conclude
that the evidence you submitted is sufficient to support a name change on the applicant’s
SSN.
Summary of Evidence
In 2010, H.D~ and G.R~ signed a “Domestic Partnership Statement of Change” form, indicating
a name change of a partner of a previously registered domestic partnership. The partners
filed the form with the Secretary of the State of Washington. The statement of change
form provides that G.R~’s registered name is to be G.D~. The form also states G.R~’s
date and place of birth. The Secretary of State issued a new certificate of state
registered domestic partnership to H.D~ and G.D~, dated in 2010. G.R~ completed a
Form SS-5 application for a Social Security card to bear the name G.D~.
Analysis
Name Change Rights Under Washington Law
“Under well established principles of common law, a person is free to adopt and use,
absent a statute to the contrary, any name that he or she sees fit so long as it is
not done for any fraudulent purposes and does not infringe upon the rights of others.”
Doe v. Dunning, 549 P.2d 1, 3 (Wash. 1976) (citing Attorney General Opinion, Jan. 30, 1928). A person
desiring a name change may obtain an official district court order attesting to the
name change, but the procedure is not required to effectuate the name change. Wash.
Rev. Code § 4.24.130; Attorney General Opinion 1985 No. 10. Thus, no formal process
is required for an individual to change his or her name under Washington law. Although
a person’s right to adopt and use a new name is not conferred by Washington’s registered
domestic partnership statutes, registration of a domestic partnership, like marriage,
presents an opportunity for a person to record a new name with the state government.
Wash. Rev. Stat. §§ 26.04.090-105, 26.60.040.[1]
Application of SSA Policy Regarding Legal Name Change Evidence Requirements
In order to process a name change based on a domestic partnership, SSA requires evidence
of a name change event, and the SSN holder’s new name and identity. Program Operations
Manual System (POMS) RM
10212.055, 00203.210(A). The statement of change form submitted by G.R~ contains all the information
required to process a name change on the SSN. The form reflects G.R~’s decision to
adopt a new name and contains the requisite identifying information: G.R~’s old name,
place of birth, and date of birth.
Your question contemplates the scenario where a domestic partner submits a State of
Washington declaration or certificate of registered domestic partnership to support
a name change to SSN records. See Wash. Rev. Code § 26.60.040. A declaration of registered domestic partnership provides
no basis to sustain a name change to SSN records because it does not reflect a partner’s
decision to use a new name. See http://www.secstate.wa.gov/corps/domesticpartnerships/declaration%20draft%209.pdf (accessed on May 17, 2010). A certificate of registered domestic partnership will
reflect a partner’s new name if issued in response to the filing of a statement of
change form such as the one submitted by G.R~ In contrast, a certificate issued in
response to the filing of a declaration of registered domestic partnership will not
reflect a partner’s new name. SSA may accept a certificate of registered domestic
partnership as evidence of a name change if the certificate reflects the partner’s
new name. Such a certificate may lack required identifying information reflected in
SSA records such as the partner’s old name and date and place of birth. In this circumstance,
SSA policy requires that the partner furnish additional documentation of identity
in order for SSA to process a name change based on the certificate. POMS RM 10212.015(D), 00203.210(A).
CONCLUSION
Registration of a domestic partnership in the State of Washington does not provide
a basis to change the name on the SSN record. A statement of name change form filed
by the partners to a registered domestic partnership contains all the information
required by SSA to process a name change on the SSN. A certificate of registered domestic
partnership issued in response to a filed statement of name change may serve as evidence
of a partner’s new name, but lacks required evidence of identity. Therefore, when
such a certificate is used to prove a name change, SSA policy requires evidence of
identity in order to process the name change on the SSN.
G.R~’s SSN record should be changed to reflect her new name, G.D~.
This opinion can be used as precedent for other SSN name change requests based on
registration of a domestic partnership or filing of a domestic partnership statement
of name change form in Washington. This opinion supersedes the opinion dated May 18,
2007, in POMS PR
02707.053 (Washington).