Court Opinions

State Laws

US Code

US Constitution

California Family Code Section 297

Legal Research Home > California Lawyer > Family Code > California Family Code Section 297

(a) Domestic partners are two adults who have chosen to share
one another's lives in an intimate and committed relationship of
mutual caring.
   (b) A domestic partnership shall be established in California when
both persons file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division, and, at the time of
filing, all of the following requirements are met:
   (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 this state.
   (4) Both persons are at least 18 years of age.
   (5) Either of the following:
   (A) Both persons are members of the same sex.
   (B) One or both of the persons meet the eligibility criteria under
Title II of the Social Security Act as defined in 42 U.S.C. Section
402(a) for old-age insurance benefits or Title XVI of the Social
Security Act as defined in 42 U.S.C. Section 1381 for aged
individuals.  Notwithstanding any other provision of this section,
persons of opposite sexes may not constitute a domestic partnership
unless one or both of the persons are over the age of 62.
   (6) Both persons are capable of consenting to the domestic
partnership.
   (c) "Have a common residence" means that both domestic partners
share the same residence.  It is not necessary that the legal right
to possess the common residence be in both of their names.  Two
people have a common residence even if one or both have additional
residences.  Domestic partners do not cease to have a common
residence if one leaves the common residence but intends to return.

Last modified: January 12, 2009