POMS Reference

This change was made on Nov 2, 2017. See latest version.
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RM 10212.050: Evidence of Name Change based on a Foreign Marriage or Foreign Same-Sex Marriage

changes
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  • Effective Dates: 06/24/2016 - Present
  • Effective Dates: 11/02/2017 - 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.
  • For information or description of a foreign marriage document, refer to GN 00307.000.
  • 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.
  • 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