Until Gay Marriage is Legal Same-Sex Rights Can be Granted Through the California Domestic Partner Registry
Enacted in 1999, California’s Domestic Partners Registry was the first of its kind in the United States because it was created in legislature without court intervention. Beforehand, domestic partnerships had very few privileges, primarily hospital-visitation rights and next-of-kin rights to the estate of a deceased partner.
Orange County, CA (Law Firm Newswire) November 18, 2010 Although California’s domestic partnership does not provide the same rights as marriage, the legislature has since expanded its range. Registering a domestic partnership acquires a broad range of statutory rights and privileges by The California Domestic Partner Rights and Responsibilities Act, which took in effect on Jan. 1, 2005.
Many of the rights, protections, benefits, and obligations can be found in the Family Code beginning with section 297.5. The new law includes dissolving the partnership as well as creating it, parental rights, health benefits and inheritance, to name a few.
“In order to be eligible for the rights and responsibilities of domestic partnerships, you must be registered in California's statewide registry under California law,” said Gerald A. Maggio, an Orange County family lawyer.
As of 2007, some of the California domestic partnerships rights and benefits include:
> California Insurance Equality Act: allows spousal insurance policies (auto, life, homeowners, etc.), applying to all forms of insurance.
>Sick care and family leave
> Stepparent adoption
> Belief that both members of the partnership are the parents of a child born into the partnership
> Suing for wrongful death of a domestic partner
> Rights concerning wills, conservatorships and trusts
> The same property tax provisions otherwise available only to married couples
“Domestic partnerships continue to evolve, therefore it is important to seek a domestic partnership lawyer who can guide you to determine your legal rights,” Maggio said. “Several differences still remain between domestic partnerships and marriage, such as they have to have a common residence, must be 18 years old or older, are not eligible for CalPers, a long-term care insurance plan, and the process for dissolving a partnership can be more complex and costly than divorces.”
The Maggio Law Firm
38 Corporate Park
Irvine, CA 92606-5105
Call: (949) 553-0304
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