Because gay marriage is still not recognized or legal in the state of California, the state does not award same-sex couples the same rights and benefits that are awarded to heterosexual couples. However, by registering as domestic partners, those people in same-sex relationships can obtain many of the same legal rights and benefits awarded to married couples.

The rights and obligations under California domestic partnership laws include:

• The right to use stepparent adoption procedures. This right allows the partners to adopt each other’s children so they have legal rights to the children.
• As of January 1, 2005, when a child is born, if a couple is already registered as domestic partners, the law assumes the domestic partners are the child’s parents.
• Right to make medical decisions. If one of the partners becomes sick the other partner has the legal authority to make medical decision on behalf of his or her partner.
• The right to visit each other in the hospital.
• If one of the partners becomes disabled the other partner has the right to file for state disability benefits on behalf of a disabled partner.
• If one of the partners becomes incapacitated the other partner can be appointed conservator to handle their partner’s legal and financial matters.
• If one partner dies without a will or trust the other partner has the same inheritance rights to community property that a spouse would have.
• When a partner is killed due to recklessness or negligence the other partner has the right to file a wrongful death lawsuit for both financial compensation and loss of companionship. A domestic partner can also file a lawsuit if he or she witnessed their partner being physically harmed by another person.
• The right to draft a will or trust on behalf of their partner.
• The right to paid leave in order to care for a seriously injured or ill domestic partner or a domestic partner’s child.
• The right to use sick leave in order to care for a domestic partner or a domestic partner’s child.
• The right to collect unemployment benefits if a person has to quit his or her job and relocate to accommodate their partner’s job.
• The right to domestic partner health insurance. If an insurance company offers coverage for employees’ spouses and children, then it must provide coverage for employees’ domestic partners and domestic partner’s children.
• If a partner dies and he or she is an employee of the state, his or her partner and the partner’s children are eligible for continued health insurance coverage if the deceased partner registered in a state health insurance plan.
• The right to live with a partner in a senior housing facility.

If you are interested in learning more about domestic partnership rights and benefits, a California domestic partnership lawyer at Claery & Green can address your questions and concerns. To arrange a consultation, please contact Claery & Green today by calling (877) 756-4111!