California Domestic Partnership Law
Establishment of Domestic Partnership with the State
Same sex partners who have registered with the California Secretary of State are entitled to many right and benefits afforded to married heterosexual partners, including the right to inherit a partner's estate without a will, the right to unemployment compensation if you relocate to for your partner's career and are unable to secure employment, and the right to sue for the wrongful death of your partner. Once A.B. 205 (the California Domestic Partner Rights and Responsibilities Act of 2003) becomes effective January 1, 2005, the rights afforded to registered same sex partners will expand dramatically. Most of the rights, benefits and obligations conferred upon married spouses by California law will be shared by registered domestic partners. We are continually interpreting the latest information related to A.B. 205, and can assist same sex partners in determining how this Act will impact their estate needs.
Adoption Rights
Effective January 1, 2005, A.B. 205, the California Domestic Partner Rights and Responsibilities Act of 2003, dictates that children born to same sex couples who have registered as domestic partners with the State of California will automatically be considered legal children of both partners. Given the flux in this area of the law, what is the best course of action if you and your partner are expecting? We can counsel you as to the most prudent routes to take to ensure your family's rights are protected.
Health Care and Emergency Care of Partner
If you become seriously injured or incapacitated, you may be unable to make your own medical care decisions. Most health care professionals look to blood relatives to help make these decisions in the event you are not able to make them yourself. For same sex partners, this is true regardless of how long you have been committed to your partner, regardless of the status of your relationship with your blood relatives. We can advise you on the proper documents and instruments necessary so that in event of such a tragedy, your wishes regarding medical care will be observed.
Protections upon Death of Partner
Under the Domestic Partners Rights and Responsibilities Act, some protections that come with a civil marriage license will be conferred on the registered domestic partners, but not all. It is essential to have the appropriate estate planning instruments. We have the knowledge and resources to prepare the best estate planning package to match your family's needs.
Employment Benefits
Beginning in 2005, any law providing a right or benefit to employees with spouses must be afforded to employees with registered domestic partners. Additionally, employers covered under the California Family Rights Act (CFRA) must provide CFRA leave from work for up to 12 workweeks for their employees to care for a domestic partner, or a child of that domestic partner, with a serious health condition. Left unresolved is whether A.B. 205 is preempted by overlapping federal law that pertains to employee benefit plans. Clearly, this has important ramifications for California companies as well as covered employees. We can counsel all effected parties as to their rights and responsibilities.