TN 18 (04-20)
   
   
   
    
   
   Date: February 13, 2020
   
   
   SYLLABUS: 
   
   For enumeration purposes, a Bahamian marriage document is not acceptable evidence
      of a legal name change event. Applicant must provide acceptable evidence of a legal
      name change such as a U.S. marriage document or U.S. court order (for addition information
      see chart in RM 10212.010).
   
   
   OPINION
   
   a. Question Presented
   
   You requested a legal opinion regarding whether a Bahamian Maritime marriage document
      can serve as evidence of a name change for the purpose of processing a replacement
      Social Security Number (SSN) card application for E~ K~.
   
   
   SHORT ANSWER
   
   No, the Bahamian Maritime marriage document does not constitute acceptable evidence
      of a name change under Social Security Administration (SSA) policy.
   
   
   BACKGROUND
   
   In September 20XX, Ms. K~, a resident of Indiana, submitted an application for a replacement
      SSN card. She requested that her surname be changed to “N~,” based on her marriage
      to G~N~.
   
   
   We were provided a photocopy of Ms. K~’s marriage certificate. The certificate described
      a July, 20XX marriage ceremony between Ms. K~. and Mr. N~. aboard the ship Allure of
         the Seas in Bahamian waters (coordinates 22°31.8’N, 077°58.4’W). According to the certificate,
      the ceremony was officiated by Master R~ H~ and was witnessed by S~ L~ and N~ F~.
   
   
   This document indicated that it was a “true Copy of an Entry in the Register of Maritime
      Marriages” and a public document issued by the Commonwealth of The Bahamas. The marriage
      certificate was signed by S~ R~, Acting Assistant Registrar General of the Commonwealth
      of The Bahamas, and certified by O~ W~-S~, First Assistant Secretary Ministry of Foreign
      Affairs of the Commonwealth of The Bahamas.
   
   
   DISCUSSION
   
   Social Security regulations provide that a number holder may request a change in personal
      identifying information, including the name, on his or her SSN card. See 20 C.F.R. § 422.110. Specifically, to process a name change on the SSN, SSA must
      obtain evidence of: 1) a name change event; 2) the new name; and 3) the number holder’s
      identity as shown on the latest Numident record. POMS RM 10212.015. When the name change event is a foreign marriage, foreign marriage documents must be evaluated under the guidelines for reviewing
      SSN evidence in POMS RM 10210.210, as well as those for evaluating foreign evidence in POMS GN 00307.000. See POMS RM 10212.010, RM 10212.050.
   
   
   The POMS section governing evidence from The Bahamas states that SSA does not accept
      evidence from The Bahamas “at face value,” because such evidence is not reliable.
      POMS GN 00307.440. In particular, this section indicates that Bahamian “marriage records
      have relatively few security features and are easy to forge.” POMS GN 00307.440A. This section further instructs:
   
   
   Do not ask the claimant to submit evidence from the Bahamas. Develop for secondary
      non-Bahamian evidence or other non-Bahamian evidence. Obtain evidence issued at least
      five years before the claimant first filed for benefits. If the event occurred less
      than five years before the claimant first filed for benefits,obtain evidence issued
      as close to the event date as possible.
   
   
   POMS GN 00307.440C.2.
   
   In addition, agency policy provides that when a document is determined to be unacceptable
      evidence of a name change, SSA will attempt to obtain “available evidence of the highest
      probative value based on the SSN requirement factors for evidence.” POMS RM 10210.210 (“Step 2”). As a result, an applicant who wishes to change the name on his or her
      SSN based on a Bahamian marriage may have to provide another document that is acceptable
      evidence of a name change event, based on an event listed in POMS RM 10212.010.
   
   
   In this case, Ms. K~ submitted a marriage certificate from The Bahamas in support
      of her request for a name change on her SSN. However, because this document is Bahamian
      evidence, it is not an acceptable name change document under SSA policy. POMS GN 00307.440B.
      We were not given any information as to whether the Field Office has developed for
      secondary or other non-Bahamian evidence of Ms. K~’s name change. POMS GN 00307.440C.2.
      Thus, based on the materials provided, we do not believe there is sufficient evidence
      of a name change event as required to process Ms. K~’s name change.
   
   
   We note that there appear to be other ways that Ms. K~ may change the name on her
      SSN card. See POMS RM 10212.010. For example, she may obtain a U.S. court order of name change. See POMS RM 10212.080, RM 10212.085. In Indiana, certain courts may change an individual’s name upon petition, provided
      he or she is not confined to a department of correction facility or a lifetime sex
      or violent offender (unless certain other circumstances apply). See Indiana Code §§ 34-28-2-1, 34-28-2-1.5. Alternatively, Ms. K~ may obtain a U.S. marriage
      certificate. See POMS RM 10212.025, RM 10212.055. She would also need to submit evidence of her identity, as required by POMS RM 10212.015D.
   
   CONCLUSION
   
   For the reasons discussed above, we conclude that the marriage certificate provided
      is not acceptable evidence of a name change under SSA policy.
   
   
   Kathryn C~
   
   Regional Chief Counsel
   
   Eric Y ~
   
   Assistant Regional Counsel