Also known as: domestic partners · domestic partnership · domestic partnerships · DP · registered domestic partner
Written by attorneys — see sources below.
A person who shares a committed intimate relationship with another without formal marriage. Recognition of the status often extends spousal-equivalent rights or obligations in contexts such as judicial disqualification rules and class-gift construction in donative transfers.
Judge Diane Dawson learns that her domestic partner Darius Dixon holds a substantial ownership stake in Dawson Steel, a defendant in a contract action pending before her. The economic interest of the domestic partner in a party to the proceeding requires the judge to disqualify herself. Dawson therefore steps aside and assigns the matter to another judge.
Demetrius Douglas and Dolores Diaz lived as domestic partners for fifteen years and raised a child together before Douglas died. Douglas's will left the residue to his "children." Because Diaz functioned as a parent before the child reached majority, the child qualifies as a member of the class even though the parents never married.
David Dawson and Daphne Doyle registered as domestic partners and together conceived twins through assisted reproduction. After separation Dawson refused further support payments. The court held that the domestic partnership created a parental obligation equivalent to that of a spouse, requiring Dawson to continue financial support for the children.
Elisa B. and Emily B. entered into a lesbian relationship in 1993 and began living together six months later. They introduced each other to friends as their partner, exchanged rings, opened a joint bank account, and believed they were in a committed relationship. They discussed having children and decided that they both wished to give birth, with Emily as the stay-at-home mother and Elisa as the primary breadwinner because Elisa earned more than twice as much money as Emily. They chose a donor at a sperm bank so the children would be biological brothers and sisters. Elisa became pregnant in February 1997 and gave birth to Chance in November 1997. Emily began the insemination process in June of 1997 and became pregnant in August 1997, giving birth prematurely in March 1998 to twins Ry and Kaia. Ry had medical problems including Down’s syndrome and required heart surgery. Elisa was present when Emily was inseminated and picked up additional sperm to inseminate Emily at their home. They jointly selected the children’s names, joining their surnames with a hyphen. They each breast-fed all of the children. Elisa claimed all three children as her dependents on her tax returns and obtained a life insurance policy on herself naming Emily as the beneficiary. Elisa’s parents referred to the twins as their grandchildren, and her sister referred to Elisa as the twins’ mother. Elisa treated all of the children as hers and told a prospective employer that she had triplets. Elisa and Emily identified themselves as coparents of Ry at an organization arranging care for his Down’s syndrome. Elisa and Emily separated in November 1999. Elisa promised to support Emily and the twins as much as she possibly could and initially paid the mortgage payments of approximately $1,500 per month on the house in which Emily and the twins continued to live, as well as other expenses. When they sold the house and Emily and the twins moved into an apartment in November 2000, Elisa paid Emily $1,000 a month. In early 2001, Elisa stated she lost her position as a full-time employee and told Emily she no longer could support her and the twins. At the time of trial, Elisa was earning $95,000 a year. Emily applied for aid. On June 7, 2001, the El Dorado County District Attorney filed a complaint in superior court to establish that Elisa B. is a parent of two-year-old twins Kaia B. and Ry B., who were born to Emily B., and to order Elisa to pay child support. After a hearing, the superior court rendered a written decision on July 11, 2002, ordering Elisa to pay child support in the amount of $907.50 per child for a total of $1815 per month. Elisa petitioned the Court of Appeal for a writ of mandate, and the court directed the superior court to vacate its order and dismiss the action. The Supreme Court granted review.
View caseNo. Recognition is limited to the specific statutes or rules that expressly include the term. Judicial conduct rules treat a domestic partner like a spouse for recusal purposes, and certain property restatements treat the partner as a spouse for class-gift and adoption purposes, but general marital rights such as intestate succession remain governed by separate state law.
Supporting sources
A judge must make reasonable efforts to learn the personal economic interests of a domestic partner who resides in the household. Failure to do so can trigger disqualification when the partner holds an economic interest in a party or in the subject matter of a proceeding.
Supporting sources
Yes when the genetic parent or the parent's domestic partner functioned as a parent before the child reached majority. The nonmarital child is then included in the class unless the governing instrument shows a contrary intent.
Supporting sources