Also known as:domestic partnerships · domestic partner · domestic partners
Written by attorneys · grounded in primary & secondary sources — see below
A relationship between two unmarried persons of the same or opposite sex who live together as a couple for a significant period of time. The relationship may be registered with a governmental entity or recognized by an employer to extend benefits otherwise reserved for spouses.
Sources & Authorities· 16 primary sources
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Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
Dictionaries
How it applies
Common Examples
5
Judge's Domestic Partner Holds Stock
Judge Ramirez and her domestic partner Derek Douglas jointly own shares in Dawson Steel. When Dawson Steel appears as a defendant in a contract dispute before Judge Ramirez, she must disclose the ownership because the partner's economic interest in a party triggers disqualification.
Class Gift Includes Nonmarital Child
Dorothy Daniels and her domestic partner Dustin Donovan raised Danielle Dixon together. When Dorothy's will creates a class gift to her children, Danielle receives a share even though Dorothy and Dustin never married, because the genetic parent functioned as a parent before majority.
Domestic Partners Seek Parental Rights
Diana Delgado and Deanna Davenport registered as domestic partners and conceived a child through assisted reproduction. After the relationship ended, the court treated both women as legal parents with equal rights and obligations toward the child under the domestic partnership statutes.
Elisa B. v. Superior Court117 P.3d 660 (Cal. 2005)
Voters Challenge Domestic Partnership Law
After the state enacted a domestic partnership statute granting same-sex couples many marital rights, opponents placed a referendum on the ballot to repeal it. The Supreme Court later addressed whether the sponsors had standing to defend the law in federal court.
Hollingsworth v. Perry570 U.S. 693 (2013)
Consent to Search by Domestic Partner
Police arrived at a shared apartment and asked Derek Douglas, the domestic partner of the absent tenant, for permission to search. The court held that Derek's consent was invalid as to areas where the tenant had a reasonable expectation of privacy because the tenant was physically present and objected.
Georgia v. Randolph547 U.S. 103 (2006)
Common questions
Frequently Asked
5
How does a domestic partnership differ from marriage for purposes of judicial disqualification?+
Model Rules treat a judge's domestic partner the same as a spouse when determining whether the judge or household member has an economic interest in a party or the subject matter. The judge must therefore recuse if the partner holds stock or another interest that would require disqualification for a spouse.
Does a nonmarital child of domestic partners receive the same class-gift treatment as a marital child?+
Under the Restatement, a nonmarital child is treated as a child of the genetic parent for class gifts created by that parent. The rule applies when the genetic parent or the parent's relatives functioned as a parent before the child reached majority, placing the child on equal footing with marital children absent contrary language in the instrument.
Can registered domestic partners both be legal parents of a child conceived during the relationship?+
Yes. Once a couple registers as domestic partners and has a child, statutes in states such as California equate the partners' rights and obligations to those of married parents. Courts therefore recognize both partners as legal parents without requiring adoption by the non-biological partner.
What standing issues arise when voters challenge a domestic partnership statute?+
Sponsors of a referendum repealing a domestic partnership law may lack Article III standing to defend the statute in federal court once state officials decline to do so. The Supreme Court has held that proponents of the measure do not suffer a particularized injury sufficient to confer standing.
When may one domestic partner consent to a police search over the other's objection?+
A physically present domestic partner may refuse consent to a search of shared premises. Police may not rely on the consent of the absent partner when the objecting partner is on the scene and expressly withholds permission.
ordinances that confer such benefits on the
domestic partners
as the municipalities have authority to grant. Note: A More Perfect Union: A Legal And Social Analysis Of
Domestic Partnership
…
living in Bucharest, Romania, entered into a written agreement (gestational agreement), dated July 29, 2007, with Ramey, in which she agreed to act as a gestational carrier for the…
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