Domestic Partners: Declaration of Domestic Partnership and Dissolution of Domestic Partnership, rights of domestic partners (Family Code sections 297, 297.5, 298, 298.5, 299, 297.5) (Domestic Partners: Declaration of Domestic Partnership and Dissolution of Domestic Partnership, rights of domestic partners)
(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 person 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 28 years of age.
(5) Either of the following:
(A)Bother persona re 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 in or Title XVI of the Social Security Act as defined in 42. U.S.C. Section 2381 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 person are over the aged of 62.
(6) Both persons are capable of consenting to the domestic partnership.
(c) “Have a common residence” means that both domestic partners hare the same residence.