297 – 299: Domestic Partnership in California
Domestic partnerships in California offer a legal alternative to marriage, granting couples nearly all of the same state-level rights, protections, and responsibilities. The law defines who can become domestic partners, how to register, what rights are granted, how to terminate a partnership, and how partnerships formed in other jurisdictions are treated in California.
This section of the Family Code gives a full legal framework for the recognition and regulation of domestic partnerships in the state.
297: Definition and Requirements
A domestic partnership is a committed, caring relationship between two adults who choose to formally recognize their union under state law. To enter into a domestic partnership, both parties must meet specific conditions:
- They must not be married or in another domestic partnership
- They cannot be closely related by blood
- Both must be at least 18 years old, unless they get court approval under Section 297.1
- They must be able to legally consent
“Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.”
— Family Code §297
297.1: Domestic Partnership for Minors
In limited cases, a person under 18 may register a domestic partnership with court approval. The court will look closely at the situation, often requiring interviews, reports from Family Court Services, and a 30-day waiting period. Minors must receive counseling and written information about their rights and responsibilities.
There are exceptions to some of these rules for minors who are pregnant, parenting, or have completed high school.
297.5: Legal Equality with Marriage
California law grants domestic partners the same legal rights, protections, and responsibilities as spouses in nearly every area of law. This includes:
- Property rights
- Parental rights
- Support obligations
- Anti-discrimination protections
- Recognition of survivor benefits
Former and surviving domestic partners are also treated the same as former and surviving spouses. In situations where state law relies on federal law, domestic partners must be treated the same as spouses to the extent possible under state rules.
298 to 298.8: How to Register a Domestic Partnership
To establish a domestic partnership, couples must file a Declaration of Domestic Partnership with the Secretary of State. The form must be notarized and include an acknowledgment of rights and obligations. The state provides clear instructions, and, when funding allows, additional materials such as brochures for LGBTQ-specific domestic abuse resources.
The declaration may also include an optional section for either or both parties to adopt a new last name. A certified copy of the declaration serves as legal proof of the name change.
Confidential domestic partnerships are also available for couples who want their registration details kept private.
299 to 299.2: Terminating a Domestic Partnership
A domestic partnership can be terminated in one of two ways:
- By filing a Notice of Termination with the Secretary of State, if all of the following apply:
- No children involved
- Partnership lasted less than five years
- No real estate or significant debts
- Both partners agree and have signed a property division agreement
- Through court proceedings, just like a divorce. This is required if the above conditions are not met or if one partner contests the termination.
The law also allows domestic partnerships and marriages between the same two people to be dissolved in a single court case.
If the termination is based on fraud, coercion, or other legal issues, either party can ask the court to void it.
299.2: Recognition of Partnerships from Other States
If a couple entered into a legally recognized domestic partnership or civil union in another jurisdiction, California will treat that relationship as a valid domestic partnership—even if it is called something different in the other state or country.
299.6: Preemption and Local Laws
Local governments cannot create new domestic partnership laws that conflict with state law. However, they can offer additional rights or duties to domestic partners within their local jurisdictions. Domestic partnerships formed under local laws before July 1, 2000, are still valid if they meet state requirements.
Conclusion
California’s domestic partnership laws ensure that couples who choose not to marry still have access to the same legal structure and protections. From establishing a partnership to understanding rights around property, children, or ending a relationship, the law treats domestic partners with the same seriousness as spouses. This framework ensures consistency, equality, and a clear path to legal recognition for all committed couples.