QUESTION
You have asked whether, under Guam law, a marriage certificate is acceptable evidence
for a name change where the husband, R~ (hereafter, "the husband"), wishes to adopt
his wife's surname or a compound form of the name.
ANSWER
The marriage certificate alone in Guam would not be acceptable evidence for purposes
of a name change by the husband.
BACKGROUND
The husband visited a field office in Frederick, Maryland and applied for a replacement
Social Security Number (SSN) card because he wished to change his last name to his
wife's maiden name. As evidence of his new name, he presented a marriage certificate
which was issued by the territory of Guam. The marriage certificate indicated that
on June XX, 2005, R~ married M~ in Guam. The husband reported that his wife does not
plan to change or hyphenate her last name.
ANALYSIS
The matter of changing social security records is governed by the Commissioner's regulations
and procedures. Specifically, the Commissioner's regulations limit the bases for changing
an individual's records:
(a) How to request a correction. This section applies to all records kept by SSA (as described in §401.5) except for
records of earnings. (20 CFR 422.125 describes how to request correction of your earnings
record.) You may request that your record be corrected or amended if you believe that
the record is not accurate, timely, complete, relevant, or necessary to the administration
of a social security program. To amend or correct your record, you should write to
the manager identified in the notice of systems of records which is published in the
FEDERAL REGISTER (see §401.40(c) on how to locate this information). The staff at any social security office
can help you prepare the request. You should submit any available evidence to support
your request. Your request should indicate-
(1) The system of records from which the record is retrieved;
(2) The particular record which you want to correct or amend;
(3) Whether you want to add, delete or substitute information in the record; and
(4) Your reasons for believing that your record should be corrected or amended.
20 C.F.R. § 401.65 (2005).
To obtain a replacement Social Security card due to a name change, the applicant must
submit one or more documents identifying him or herself by both the old name (as shown
on the latest Numident record) and the new name. See Program Operations Manual System (POMS) RM 00203.210. Additionally, the identity document(s) must show information that can be compared
to the Numident data (e.g., age, date of birth, parents' names). Id. (citing POMS RM 00203.210F). The applicant may submit either:
One document showing both the old and new names which establishes both identities
(e.g., a court order for a name change or a marriage certificate). The document must
also show either a photograph of the person or information that can be compared with
the Numident data; or
(2) Two documents, one showing the old name and one showing the new name (e.g., a
driver's license in the new name and a passport, employee ID Card, or medical records
in the old name). Additionally, both documents must show either a photograph of the
person or provide information that can be compared with the Numident data.
Id.
The issue of name changing is governed by state law. In the territory of Guam, the
law does not appear to limit what name an individual can adopt:
All application[s] for change of names must be made to the Superior Court, by petition,
signed by the person whose name is proposed to be changed and if such person is under
eighteen (18) years of age, by one of the parents, if living, or if both be dead,
then by the guardian; and if there be no guardian, then by some near relative or friend.
The petition must specify the place of birth and residence of such person, his or
her present name, cedula, the name proposed, and the reason for such change of name,
and must, if the father of such person be not living, name, as far as known to the
petitioner, the near relatives of such person, and their place of residence.
7 GUAM CODE ANN. § 36102. We could identify no Guam case law on this issue.
Marriage, however, is a different issue. The Commissioner's procedures provide that
the laws of the state where the couple was married would determine whether a name
change due to marriage is permissible. RM 00203.210B.5. Whether a marriage certificate would be acceptable evidence for a name change
depends upon State law. POMS RM 00203.210; POMS RM DAL00203.210. State law may allow the wife to adopt the husband's last name, the husband to adopt
the wife's last name, or both to change to a new name. POMS RM DAL 00203.210. State
law may also prohibit any or all changes. Id. Thus, a marriage certificate is acceptable evidence for a name change where state
law allows such a change.
Under Guam marriage law, upon entering into a contract of marriage, a woman may elect
to retain her maiden name as her surname. 19 GUAM CODE ANN. § 3108 (2005). To make
this election, the wife need only indicate on the marriage license application her
intention to retain her maiden name. Id. Moreover, "[u]pon marriage, the wife is the sole member of the contracted union or
subsequent family who may elect to use her maiden name as a surname." 19 GUAM CODE
ANN. § 3109. Therefore, the husband is not allowed to elect to use his wife's maiden
name as a surname. Inasmuch as Guam does not allow such a change, it does not appear
that a marriage certificate alone in Guam would be sufficient documentation for a
name change on the husband's Numident. Instead, he would need to file a petition with
the Superior Court of Guam for a change of name. 7 GUAM CODE ANN. §§ 36101-36105.
If the name change is granted by the court, the husband will also need to file a certified
copy of the court decree with the Office of Vital Statistics, Department of Public
Health and Social Services. 7 GUAM CODE ANN. § 36105.
CONCLUSION
The marriage certificate alone in Guam would not be acceptable evidence for purposes
of a name change by the husband.