www.calcape.org. CAPE, the California Alliance for Pride and Equality, is the California advocacy organization whose mission is to ensure the dignity, safety, equality, and civil rights of all LGBT Californians.(Notice: new name for CAPE is now "EQUALITY CALIFORNIA")
WHAT RIGHTS ARE PROVIDED TO COUPLES REGISTERED AS DOMESTIC PARTNERS WITH THE STATE OF CALIFORNIA?
Adoption
Right to use stepparent adoption procedures. Registered domestic partners can use the same adoption procedures used by stepparents. These procedures enable one partner to adopt the other partner's child or children, so that both partners have a legally protected relationship to the couple's child or children. For more information about these new adoption procedures, visit NCLR's website at: www.nclrights.org.
Health care and medical emergencies
Right to make medical decisions for your partner. A registered domestic partner has the same right as a spouse to make medical decisions for his or her partner if the partner becomes mentally or physically incapacitated.
Hospital visitation. Registered domestic partners have the right to visit one another in the hospital.
Right to file for state disability benefits on behalf of a disabled partner. A registered domestic partner can file claims for state disability benefits on behalf of a partner who is eligible for benefits but too incapacitated to file a claim for them.
Right to be appointed conservator and to make legal & financial decisions for an incapacitated partner. If a registered domestic partner becomes incapacitated and needs a court-appointed conservator to handle her finances and other personal matters, then her partner is given the same priority in being named the conservator as a spouse. The partner also has the right to object to the appointment of a conservator.
Protections Upon Death of a Partner
Right to inherit if a partner dies without a will. A surviving registered domestic partner will have the same priority as a surviving spouse to inherit a specified share of a partner's separate property if the partner dies without a will. A surviving registered domestic partner will not, however, have the same rights as a surviving spouse to community property. This law will go into effect on July 1, 2003.
Right to sue for wrongful death and infliction of emotional distress when a partner is killed or injured. If a registered domestic partner is killed due to the negligence or wrongdoing of another person, her partner can bring a wrongful death suit to recover for lost financial support and companionship. A registered domestic partner can bring a suit for the infliction of emotional distress if she witnesses her domestic partner being physically harmed by another person.
Ability to use form wills and right to automatic appointment as administrator of a partner's estate. California has amended the official forms for making simple wills to allow registered domestic partners to check a box leaving their estates to their partners. A registered domestic partner also has the same priority as a spouse in being appointed to be the administrator of a partner's estate after his or her death.
Right to draft a will or trust for a partner.
Registered domestic partners are included in the exceptions to the law that prohibits making a transfer through a will or trust to the person who drafted the will or trust.
Employment benefits
Right to paid leave to care for serious ill partner or a partner's child. A new family temporary disability insurance program will provide up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously will child, spouse, parent, domestic partner, or to bond with a new child. This law will go into effect on July 1, 2004.
Unemployment insurance.
If a registered domestic partner must quit her job and relocate to accommodate her or his partner's job, she or he will be eligible to collect California unemployment benefits on the same basis as a spouse who relocates under the same circumstances.
Right to use sick leave to care for a partner or a partner's child. If an employer has a policy permitting employees to use sick leave to care for spouses and children, the employer is required to provide equal treatment to domestic partners by permitting a registered domestic partner to use sick leave to care for his or her partner or partner's child.
Domestic partner health insurance. The new law does NOT require employers to offer domestic partner benefits. However, it does require insurance companies that provide employers with coverage of employees' spouses to offer health insurance coverage for employees' domestic partners and their children on the same terms. The law also continues to permit government employees to obtain health insurance benefits for their registered domestic partners, a provision which has been in place since January, 2000, when the statewide domestic partnership law first went into effect.
Right to continued health insurance coverage for domestic partners and children of deceased state employees and retirees. If a state employee or retiree dies, his or her domestic partner and the children of the domestic partner will be eligible for continued health insurance coverage if the surviving domestic partner has been enrolled in the state health insurance
Right to death benefits and survivor's allowances for surviving partners of county employees in selected counties. The counties of Los Angeles, Marin, San Francisco, San Mateo, and Santa Barbara have the authority to provide death benefits and survivor allowances to surviving domestic partners of county employees. With the exception of San Francisco, the county board of supervisors in each of these respective counties must pass an authorizing resolution before these benefits will be available.
Senior Housing
Right to live with your partner in senior citizen housing developments. Registered domestic partners are included in the definition of persons who are qualified to secure housing in specially designed accessible housing for senior citizens.
Tax benefits
Employer provided health insurance benefits for registered domestic partners will no longer be taxed as income by the State of California. They will continue to be taxed as income, however, by the federal government.
WHO IS ELIGIBLE TO REGISTER?
To register as domestic partners in California, you and your partner must meet these requirements:
You must share the same residence. This does not prevent one or both partners from having an additional residence, and it does not require that both names must be on the lease or title to the residence you share.
You must agree to be jointly responsible for one another's basic living expenses. Basic living expenses means housing, utilities, and the costs of maintaining a shared home. Registered domestic partners are not responsible for one another's debts, unless you enter into an agreement with creditors or service providers stating that both of you are jointly responsible for specific purchases, services, or debts.
Neither partner can be married or in another domestic partnership. If either partner has been in a previous domestic partnership (including those from other states), you must terminate that partnership before registering as domestic partners under AB 25. In addition, if you have been in a registered domestic partnership in California and that relationship has ended, you cannot enter into a new registered domestic partnership until six months after notifying the state that the prior domestic partnership was terminated.
You cannot be related to your partner in a way that would prevent you from legally marrying one another in California. This means that you cannot enter a domestic partnership with one's parent, grandparent, child, grandchild, sibling, half-sibling, aunt, uncle, niece or nephew.
You both must be 18 years of age or older.
You must be members of the same sex OR, if you are in a different-sex couple, one of you must be over the age of 62 and meet the eligibility requirements of Title II of The Social Security Act for old age benefits (as defined in 42 USC § 402(a)), or Title XVI of The Social Security Act for aged individuals (as defined in 42 USC § 1381).
You must be capable of consenting to a domestic partnership. This means that you must be mentally competent.