POMS Reference

This change was made on Nov 22, 2017. See latest version.
Text removed
Text added

RM 10212.050: Evidence of Name Change based on a Foreign Marriage or Foreign Same-Sex Marriage

changes
*
  • Effective Dates: 11/02/2017 - Present
  • Effective Dates: 11/22/2017 - Present
  • TN 8 (02-16)
  • RM 10212.050 Evidence of Name Change based on a Foreign Marriage or Foreign Same-Sex Marriage
  • All foreign marriage documents submitted for a name change must be evaluated under the guidelines on reviewing SSN evidence.
  • Have a foreign marriage document translated, if necessary. To determine who is an authorized translator for SSA purposes, see GN 00301.340.
  • NOTE: If GN 00307.000 is silent regarding the country where the name change document was issued, assume the document is acceptable unless RM 10212.050B applies.
  • NOTE: For information or description of a foreign marriage document, refer to GN 00307.000. If GN 00307.000 is silent regarding the country where the name change document was issued, assume the document is acceptable unless RM 10212.050B applies.
  • A. Acceptable foreign marriage documents
  • Accept a foreign marriage document that meets the SSN evidence guidelines as evidence of a name change.
  • B. Acceptable foreign same-sex marriage documents
  • Accept a foreign marriage document involving a same-sex couple issued by a foreign government that permits same-sex marriages. Consult the chart below to determine the dates when foreign countries or jurisdictions permitted same-sex marriages.
  • Foreign Country or Jurisdiction
  • Date Same-Sex Marriages Were Permitted
  • Argentina
  • July 21, 2010
  • Belgium
  • June 1, 2003
  • Brazil
  • May 14, 2013
  • Canada - Alberta, Prince Edward Island, Northwest Territories, Nunavut
  • July 20, 2005
  • Canada - British Columbia
  • July 8, 2003
  • Canada - Manitoba
  • September 16, 2004
  • Canada - Newfoundland and Labrador
  • December 21, 2004
  • Canada - New Brunswick
  • July 4, 2005
  • Canada - Nova Scotia
  • September 24, 2004
  • Canada - Ontario
  • June 10, 2003
  • Canada - Saskatchewan
  • November 5, 2004
  • Canada - Quebec
  • March 19, 2004
  • Canada - Yukon
  • July 14, 2004
  • England
  • March 13, 2014
  • France
  • May 17, 2013
  • Ireland
  • November 16, 2015
  • Netherlands
  • April 1, 2001
  • Norway
  • January 1, 2009
  • South Africa
  • November 30, 2006
  • Spain
  • July 2, 2005
  • Sweden
  • May 1, 2009
  • We recognize that other jurisdictions permitting same-sex marriage may exist and that the chart is not intended to be exhaustive. If a foreign same-sex marriage document from a foreign country or jurisdiction is not listed in the chart above, the RO should request a legal opinion from the Regional Chief Counsel on whether the foreign same-sex marriage document is acceptable evidence for a name change. The RCC opinion should provide the date the foreign country or jurisdiction began permitting same-sex marriages for a name change.
  • C. References
  • * GN 00307.000, Foreign Evidence
  • * GN 00210.006 Same-Sex Marriages and Non-Marital Legal Relationships Established in Foreign Jurisdictions
  • * RM 10210.210 General Information on Reviewing and Verifying Evidence for an SSN Card
  • * RM 10212.055, Evidence Required to Process a Name Change on the SSN based on Marriage, Civil Union, or Domestic Partnership