Bill Text: CA SB651 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Family law: domestic partnerships.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State. Chapter 721, Statutes of 2011. [SB651 Detail]

Download: California-2011-SB651-Amended.html

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BILL NUMBER: SB 651	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 31, 2011

INTRODUCED BY   Senator Leno
   (Coauthors: Senators De León, Pavley, and Yee)
   (Coauthors: Assembly Members Ammiano, Blumenfield, Chesbro,
Gordon, Huffman, Portantino, and Skinner)

                        FEBRUARY 18, 2011

   An act to amend Section 297 of  , and to add Sections 297.1
and 298.7 to,  the Family Code, relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 651, as amended, Leno. Family law: domestic partnerships.
   Existing law provides that 2 unmarried, unrelated adults who have
chosen to share one another's lives in an intimate and committed
relationship of mutual caring may establish a domestic partnership by
filing a declaration with the Secretary of State if certain
requirements are met, including that both persons have a common
residence  and that both persons are at least 18 years of age.
Existing law authorizes 2 unmarried persons, not minors, who have
been living together as husband and wife to obtain a confidential
marriage license, as specified  .
   This bill would eliminate the requirement that domestic partners
have a common residence.  This bill would also permit a person
who is under 18 years of age who otherwise meets the requirements
  for establishing a domestic partnership to do so upon
obtaining a court order that provides that authority to the underage
person. The bill would also provide for the consent of the underage
person's parent or guardian, except as specified, and would require
that the court order and the written consent be filed with the court
clerk and submitted to the Secretary of State with a Declaration of
Domestic Partnership. The bill would also require the Secretary of
State to establish a process by which 2 persons could enter into a
confidential domestic partnership and maintain each confidential
Declaration of Domestic Partnership, as specified, and permit the
Secretary of State to charge a reasonable fee in this regard. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 297 of the Family Code is amended to read:
   297.  (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) 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.
   (2) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
   (3) Both persons are at least 18 years of age  , except as
provided in Section 297.1  .
   (4) Either of the following:
   (A) Both persons are 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 Section 402(a) of
Title 42 of the United States Code for old-age insurance benefits or
Title XVI of the Social Security Act as defined in Section 1381 of
Title 42 of the United States Code 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 persons are over  the age of 62  
62 years of age  .
   (5) Both persons are capable of consenting to the domestic
partnership.
   SEC. 2.    Section 297.1 is added to the  
Family Code   , to read:  
   297.1.  (a) A person under 18 years of age who, together with the
person with whom he or she proposes to establish a domestic
partnership, otherwise meets the requirements for a domestic
partnership other than the requirement of being at least 18 years of
age, is capable of consenting to and establishing a domestic
partnership upon obtaining a court order granting permission to the
underage person or persons to establish a domestic partnership.
   (b) (1) The court order and written consent of the parents of each
person under 18 years of age or of one of the parents or the
guardian of each person under 18 years of age, except as provided in
paragraph (2), shall be filed with the clerk of the court, and a
certified copy of the order shall be filed with the Secretary of
State with the Declaration of Domestic Partnership.
   (2) If it appears to the satisfaction of the court by application
of a person under 18 years of age that the person requires a written
consent to establish a domestic partnership and that the minor has no
parent or guardian, or has no parent or guardian capable of
consenting, the court may make an order consenting to establishing
the domestic partnership. The order shall be filed with the clerk of
the court and a certified copy of the order shall be filed with the
Secretary of State with the Declaration of Domestic Partnership.

   SEC. 3.    Section 298.7 is added to the  
Family Code   , to read:  
   298.7.  The Secretary of State shall establish a process by which
two persons, who have been living together as domestic partners and
who meet the requirements of paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 297, may enter into a confidential
domestic partnership. This process shall do all of the following:
   (a) Maintain each confidential Declaration of Domestic Partnership
as a permanent record that is not open to public inspection except
upon order of the court issued upon a showing of good cause.
   (b) Authorize the Secretary of State to charge a reasonable fee to
offset costs directly connected with maintaining confidentiality of
a Declaration of Domestic Partnership.