A California domestic partnership is a legal relationship available to same-sex couples, and to certain opposite-sex couples in which at least one party is at least 62 years of age. It affords the couple virtually all of the same substantive legal benefits and privileges, and imposes upon the couple all of the same legal obligations and duties, that California law affords to and imposes upon a married couple.

Enacted in 1999, the domestic partnership registry was the first of its kind in the United States created by a legislature without court intervention. Initially, domestic partnerships enjoyed very few privileges—principally just hospital-visitation rights. The legislature has since expanded the scope of California domestic partnerships to afford many of the rights and responsibilities common to marriage. As such, it is now difficult to distinguish California domestic partnerships from civil unions offered in a handful of other states.

California has expanded the scope or modified some of the processes in domestic partnerships in every legislative session since the legislature first created the registry. Please visit the California Secretary of State website for the most current information.

Scope

As of 2007, California affords domestic partnerships all of the same rights and responsibilities as marriages under state law (Cal. Fam. Code §297.5). Among these:

* Making health care decisions for each other in certain circumstances

* Hospital and jail visitation rights that were previously reserved for family members related by blood, adoption or marriage to the sick, injured or incarcerated person.

* Access to family health insurance plans (Cal. Ins. Code §10121.7)

* Spousal insurance policies (auto, life, homeowners etc..), this applies to all forms of insurance through the California Insurance Equality Act (Cal. Ins. Code §381.5)

* Sick care and similar family leave

* Stepparent adoption procedures

* Presumption that both members of the partnership are the parents of a child born into the partnership

* Suing for wrongful death of a domestic partner

* Rights involving wills, intestate succession, conservatorships and trusts

* The same property tax provisions otherwise available only to married couples (Cal. R&T Code §62p)

* Access to some survivor pension benefits

* Supervision of the Superior Court of California over dissolution and nullity proceedings

* The obligation to file state tax returns as a married couple (260k) commencing with the 2007 tax year (Cal R&T Code §18521d)

* The right for either partner to take the other partner’s surname after registration

* Community property rights and responsibilities previously only available to married spouses

* The right to request partner support (alimony) upon dissolution of the partnership (divorce)

* The same parental rights and responsibilities granted to and imposed upon spouses in a marriage

Eligibility

Currently, a couple that wishes to register must meet the following requirements:

1. Both persons have a common residence.

2. Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.

3. The two persons are not related by blood in a way that would prevent them from being married to each other in California.

4. Both persons are at least 18 years of age.

5. Either of the following:

* Both persons are members of the same sex.

* The partners are of the opposite sex, one or both of whom is above the age of 62, and one or both of whom meet specified eligibility requirements under the Social Security Act.

6. Both persons are capable of consenting to the domestic partnership.

Also, a legal union of a same-sex couple, other than marriage, validly performed in another jurisdiction, that is substantially equivalent to a California domestic partnership, will be recognized as such in California. Civil unions, such as those performed in Vermont, Connecticut, and New Jersey, would most likely qualify as domestic partnerships in California. A valid same-sex marriage performed in a jurisdiction that recognizes such unions, such as Massachusetts, would not be recognized in California as either a marriage or a domestic partnership. This is due to the fact that California statute prohibits recognition of another jurisdiction’s validly performed same-sex marriage.

British law recognizes California domestic partnerships as equivalent to civil partnerships in the United Kingdom. The attorney general of New Jersey has ruled that California domestic partnerships are equivalent to civil unions in that state and likewise that civil unions in New Jersey can qualify as domestic partnerships in California. Switzerland recognizes California domestic partnerships as comparable to Civil unions in Switzerland, including granting residency rights based on the partnership.

Registration

Domestic partner registration is an uncomplicated process, more simple and less costly than entering into a marriage. Both parties must sign a declaration listing their names and address. Both signatures must be notarized. The declaration must then be transmitted to the Secretary of State along with a $10 filing fee (plus an additional $23 fee for same sex couples must be collected pursuant to CA Family Codes §298, §298.5 and §358, to help fund LGBT-specific domestic violence training and services). In this regard it is not like a marriage or civil union. Those unions require a ceremony, solemnized by either religious clergy or civil officials, to be deemed valid.

Dissolution

In most cases, a domestic partnership must be dissolved through filing a court action identical to an action for dissolution of marriage. In limited circumstances, however, a filing with the Secretary of State may suffice. This procedure is available when the domestic partnership has not been in force for more than five years. The couple must also meet many other requirements that the dissolution be both simple and uncontested: no children (or current pregnancy) within the relationship, no real estate (including certain leases), and little joint property or debt. The parties must also review materials prepared by the Secretary of State, execute an agreement dividing assets and liability, and waive claims to domestic partner support. Where all the requirements are met, the partnership will terminate six months after the filing, unless either party revokes consent.

For questions and consultation regarding domestic partnerships in California, please contact our domestic partnership expert attorney George N. Seide here at Adelman & Seide, LLP. Mr. Seide has lectured extensively on the subject and successfully represented many clients in domestic partnership matters.