IIMPORTANT: This information is instructional only. It is not legal advice. For information relevant to your Domestic Partnership and/or family-related issues, you should consult with a private attorney.

What is a Domestic Partnership?

A Domestic Partnership is established between Domestic Partners. Domestic Partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. Under California law, registered Domestic Partners generally have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses. Many of the rights, protections, benefits, responsibilities, obligations and duties under California law are provided in the California Family Code, beginning with section 297.

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Is registering for a Domestic Partnership the same as being married?

Registered Domestic Partners generally have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses under California law. The federal government, however, does not always treat registered Domestic Partners the same as spouses for legal or tax purposes. As an example, registered Domestic Partners are not considered married for federal tax purposes (see the IRS FAQ for Registered Domestic Partners for further information.)

Those considering entering a registered Domestic Partnership should understand the federal implications and consult with an attorney, tax advisor, or other professionals, if necessary, regarding their specific situation before registration. Specific questions relating to insurance, financial, or other benefits should also be directed to a private attorney to assist with the evaluation of your specific circumstances and to ensure you receive accurate information.

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If my partner and I have not registered for a Domestic Partnership with the State of California, but we are registered with a county or city in which we reside or have been living together for a long time, do we have the same rights as Domestic Partners registered with the State of California?

No. To be entitled to the legal benefits and protections of the state Domestic Partnership law, you must be registered for a Domestic Partnership with the California Secretary of State.

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How do we register a Domestic Partnership with the State of California?

If you and your partner meet the requirements of California Family Code section 297, you may register a Domestic Partnership with the California Secretary of State by completing a Declaration of Domestic Partnership or Confidential Declaration of Domestic Partnership. Completed forms and fees must be submitted to the California Secretary of State for filing.

The original Declaration of Domestic Partnership completed by both partners with wet signatures is required for filing. Copies or scans of the completed Declaration of Domestic Partnership, or a completed Declaration of Domestic Partnership submitted with electronic, digital, or reproduced signatures, will not be accepted.

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What are the requirements for registering a Domestic Partnership?

Both partners must meet the following requirements at the time of filing:

  1. 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.
  2. The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
  3. Both persons are at least 18 years of age, except as provided in California Family Code section 297.1.
  4. Both persons are capable of consenting to the Domestic Partnership.

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Do both partners need to be residents of California?

No. There is no California residency requirement provided for in statute.

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Can a person under 18 years of age register for a Domestic Partnership?

Yes, a person under 18 years of age who, together with the other proposed Domestic Partner, otherwise meets the requirements for a Domestic Partnership other than the requirement of being at least 18 years of age, may establish a Domestic Partnership upon obtaining a court order granting permission to the underage person or persons to establish a Domestic Partnership. Please see California Family Code section 297.1 for more information.

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Can I register a Domestic Partnership with the California Secretary of State if my partner is incarcerated, out of state, out of country, etc.?

Yes. Each partner may separately sign the same form then appear before a notary public to have their signature acknowledged. Notarizations performed outside of California are permitted provided they are completed in accordance with the laws of the jurisdiction in which they are performed. It is important that both partners sign and complete the same form even if the notarizations are done separately; separate forms containing only one signature from each partner will not be accepted.

For incarcerated individuals: There is no statutory provision requiring an incarcerated individual to file a Confidential Domestic Partnership instead of a Public Domestic Partnership. For assistance in determining if the partners should file a Public or Confidential Domestic Partnership, it is recommended the partners seek private legal counsel prior to filing. For more information on Confidential Domestic Partnerships, please see the FAQ item.

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Can my partner and I change our names when we register for a Domestic Partnership?

Yes, however, there are restrictions on the type of name change allowed. Pursuant to California Family Code section 298.6, one or both partners may adopt any of the following middle or last names:

  • The current last name of the other Domestic Partner.
  • The last name of either Domestic Partner given at birth.
  • A name combining into a single last name all or a segment of the current last name of the last name of either Domestic Partner given at birth.
  • A hyphenated combination of last names.

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What is the difference between the Domestic Partnership Registration and Confidential Domestic Partnership Registration Forms?

The Declaration of Domestic Partnership is used to register a Public Domestic Partnership. A Public Domestic Partnership is a permanent record that is open to public inspection. All information in a Public Domestic Partnership record, including the names of both partners and the mailing address provided on the registration form, is open to public inspection.

The Confidential Declaration of Domestic Partnership is used to register a Confidential Domestic Partnership. A Confidential Domestic Partnership is a permanent record that is not open to public inspection. Information pertaining to the record, including the status of a submission, is disclosable only to the partners after verification of their identity, or to anyone who obtains a court order demonstrating good cause for release of the information. Please note that requests for information regarding Confidential Domestic Partnerships, including the status of a pending submission, cannot be provided by phone or by email. See below for more information on obtaining Confidential Domestic Partnership records.

For Partners: Submit a Confidential Domestic Partnership Records Order Form or appear in person with a valid form of photo identification (e.g., Driver’s License, Passport) at our Sacramento or Los Angeles office.

All Others: Court orders may be submitted by mail or in-person to:

California Secretary of State
Special Filings
1500 11th Street, Second Floor
Sacramento, CA 95814.

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Can I email or fax my completed Declaration of Domestic Partnership to the California Secretary of State?

No, the California Secretary of State does not accept faxed or emailed Domestic Partnership Registration, Termination, or Revocation submissions at this time.

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I made a mistake on my Declaration of Domestic Partnership and need to amend some of the information prior to filing. What should I do?

It is recommended you complete a new form. Please note, if you and your partner have already signed the Declaration of Domestic Partnership and these signatures have been acknowledged by a notary public, you may not change any of the information on the Declaration of Domestic Partnership form. No changes may be made to the form after the signatures have been acknowledged by the notary public. If the Declaration of Domestic Partnership has been signed by the partners, these signatures have been acknowledged by a notary public, and amendments must subsequently be made to the form, then a new Declaration of Domestic Partnership must be completed, signed, and acknowledged by a notary public.

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Will we receive a copy of our Domestic Partnership paperwork after it is filed?

Yes. One copy (uncertified) of the file stamped Declaration of Domestic Partnership Form and a Certificate of Registration of Domestic Partnership will be provided to the partners upon registration. Additional copies, both certified and uncertified, may be purchased at the time of registration.

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How can I provide proof of my Domestic Partnership?

A certified copy of the file stamped Declaration of Domestic Partnership is sufficient to substantiate the registration of the partnership. An entity requiring proof of Domestic Partnership should accept a certified copy of the Declaration of Domestic Partnership.

A certified copy will contain a purple stamp on the back of the document containing the California State Seal and initials. Certified copies of the filed Declaration of Domestic Partnership are available at the time of registration for an additional fee or can be ordered after registration by submitting a Special Filings Records Order Form or Confidential Records Order Form (for Confidential Domestic Partnerships).

Please note, as of September 2014, the California Secretary of State no longer issues certificates with a raised Gold Seal. A black and white certificate is provided only upon filing the Domestic Partnership and is not reproduceable. This certificate is considered ornamental and should not be used for substantiation of the Domestic Partnership.

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My partner and I have already registered our Domestic Partnership with the California Secretary of State. Since then, we both have legally changed our names. What do we need to do to have these changes reflected with our Domestic Partnership registration with the State of California?

Although Domestic Partners can change names at the time of registration, there is no provision in the law to update a registration to reflect subsequent name changes for a Domestic Partner. Therefore, any subsequent name changes will not be captured or reflected in the Domestic Partners Registry.

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How do I terminate my Domestic Partnership that is registered with the California Secretary of State?

If both partners meet all requirements listed in California 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. The same form may be used to terminate a Public or Confidential Domestic Partnership.

The original Notice of Termination of Domestic Partnership completed by both partners with wet signatures is required for filing. Copies or scans of the completed Notice of Termination of Domestic Partnership, or a completed Notice of Termination of Domestic Partnership submitted with electronic, digital, or reproduced signatures, will not be accepted.

If both partners do not meet the requirements to terminate the partnership through the California Secretary of State, then the partnership must be dissolved through the California Superior Court. For more information visit courts.ca.gov. Partners should consult private legal counsel if they are unsure they meet the requirements to terminate through the California Secretary of State.

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Is a Notice of Termination of Domestic Partnership filed with the California Secretary of State effective immediately?

No, the Domestic Partnership termination will not be effective (officially terminated) until six months after the date of filing of the Notice of Termination of Domestic Partnership with the California Secretary of State, provided that neither party has, before the effective date, filed with the California Secretary of State a Revocation of Termination of Domestic Partnership. See California Family Code section 299 for more information.

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How do I terminate my registered Domestic Partnership if I am also married to my partner?

Partners in a registered Domestic Partnership who also are married to one another may file a petition in California Superior Court to dissolve both the Domestic Partnership and the marriage in a single proceeding. If you have questions about dissolving a Domestic Partnership and marriage in these circumstances, you should consult with a private attorney.

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I have changed my mind about terminating my Domestic Partnership with the California Secretary of State. Can the termination be undone?

Yes, however there is a time limit to do so. Within six months of the date the Notice of Termination was filed with the California Secretary of State, either partner may file a Revocation of Termination of Domestic Partnership with the California Secretary of State. Only one Revocation of Termination of Domestic Partnership from either partner is required to revoke the Termination.

Please note, the original Revocation of Termination of Domestic Partnership completed by the partner with a wet signature is required for filing. Copies or scans of the completed Revocation of Termination of Domestic Partnership, or a Revocation of Termination of Domestic Partnership submitted with an electronic, digital, or reproduced signature will not be accepted.

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How can I order copies of Domestic Partnership records on file with the California Secretary of State?

Copies of Domestic Partnership records on file with the California Secretary of State, including the Declaration of Domestic Partnership, Notice of Termination of Domestic Partnership, or Revocation of Termination of Domestic Partnership, can be ordered in person by visiting our Sacramento or Los Angeles office, or by mail by submitting a Special Filings Records Order Form or Confidential Records Order Form (for Confidential Domestic Partnerships).

Note for incarcerated individuals: Records sent to individuals who are incarcerated may require additional address information such as the inmate ID number. Please ensure you contact the correctional facility to verify all required information is included if sending records to an incarcerated individual.

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