How do I register a domestic partnership with the State of
If you and your partner are of the same sex, or if you and your
partner are opposite sexes and one partner is at least 62 years old, then you may be eligible to register a domestic partnership with
the Secretary of State. You may register by completing a Declaration of Domestic Partnership, having both partners' signatures notarized,
and submitting it with the appropriate fee to the Secretary of State.
The eligibility criteria for registration of a domestic
partnership was set by the California State Legislature and signed by the Governor in 1999. During the legislative process, eligibility
of opposite sex couples was limited to senior citizens. This agency has no authority to change the criteria set by the legislature.
No. The common
residency requirement does not require that both of your names be on the lease or title to the home you share (see Family Code section
297(c)).
We are a same-sex couple and want to get married in
No.
No.
The law says that you and your partner are considered to have a shared residence even if one of you leaves that home for a period
of time, so long as that partner intends to return to the home (see Family Code section 297(c)).
No. You must
be registered with
How do you terminate a registered domestic partnership?
Beginning
January 1, 2005, in many circumstances, domestic partnerships may only be terminated by initiating a dissolution proceeding in the
Superior Court. In circumstances where a domestic partnership meets all the requirements listed in Family Code section 299(a), the
domestic partnership may be terminated by filing a Notice of Termination of Domestic Partnership with the California Secretary of
State. If you have more questions about terminating a domestic partnership, you should consult with an attorney.
Many
of the rights, protections, benefits, responsibilities, obligations and duties under law are provided for in the Family Code beginning
with section 297.5. However, specific rights and responsibilities are not listed in those provisions of the Code. You may wish to
consult with an attorney to assist you with your questions and additional rights.
Other than changing your names at the time of registration, there is no provision
in the law to change the name of a domestic partner as it appears in the Domestic Partners Registry. We suggest keeping copies of
name change documents with your copy of your Declaration of Domestic Partnership.
Beginning January 1, 2008, one
or both partners may change their middle or last names on the Declaration of Domestic Partnership form. Information concerning these
name changes can be found in Family Code section 298.
Are the names and addresses in the Domestic Partners Registry considered to
be public information?
The Family Code and/or Government Code do not specify that the information in the Registry is confidential;
therefore, the information contained in the Registry is public information. We do not have this information available on-line; however,
we do provide it upon request both over the phone and by written request.
Do you need to be a
There is no
If you determine you and your partner are eligible to file a Declaration of Domestic
Partnership, you can complete the Declaration of Domestic Partnership on-line, print it and have your signatures notarized. A notary
in any state can notarize your signatures. If the notary cannot use the preprinted acknowledgment form, the notary can complete a
loose-leaf certificate and attach it to the declaration. You can then mail it to this office with the appropriate filing fee.
What
are the financial or medical benefits of registering for the Domestic Partners Registry?
The rights and benefits for domestic partners
can be found in the Family Code beginning with section 297. However, specific benefits are not listed in that Division of the Code,
therefore you may wish to contact an attorney to assist you with your specific questions to ensure you receive accurate information
pertaining to your circumstances.
Do we have to re-register every time the laws affecting domestic partnerships change?
We cannot say what the Legislature will do in the future, but they have not required partners to re-register for past changes in the law. The Legislature has automatically applied previous changes in the law to all existing domestic partnerships. When significant changes have been made, the Legislature has instructed the Secretary of State to send notices to all registered domestic partners regarding the changes. In case that happens in the future, you should keep your mailing address current with the Secretary of State. Please click here to update your mailing address.