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A common definition of family is "the basic unit in
society having as its nucleus two or more adults living
together and cooperating in the care and rearing of their
own or adopted children." Despite this all-inclusive
definition, a lesbian or gay couple - with or without
children - has not been what many people picture when they
think of a family. Until a final decision is made by the California Supreme
Court same sex couples in California will not be permitted
to legally marry, but under some other recent legislation
they will be able to enjoy many of the same benefits. Those
benefits came into being first under the California Domestic
Partner Rights and Responsibilities Act of 2003, and
then expanded as of January 1, 2005.
In California, the updated domestic partner law gives broad
new rights and places extensive new responsibilities on
registered partners. As of January 1, 2005, registered
domestic partners in California have many of the same rights
and obligations as legally married spouses under state law,
including community
property rights and the right to receive support from
one's partner after a separation. Domestic partners should
both be considered legal parents of a child born into the
partnership (though legal experts advise proceeding with an
adoption anyway, to ensure parental rights are effective in
other states). Superior courts will have jurisdiction over
termination of domestic partnerships, unless the
relationship was of short duration and there are no children
and no jointly owned property.
But even with changes adopted by the California Domestic
Partner Rights and Responsibilities Act of 2003 there are
still quite a few rights and benefits that same sex
relationships or domestic partnerships cannot enjoy that
traditional marriage allows. They cannot sponsor a partner
for immigration purposes and they do not have the capacity
to take advantage of any of the federal income tax
deductions and benefits that married couples enjoy.
If you would like more information about the legal rights
and responsibilities in domestic partnerships, please
contact our attorneys. We can help advise you of steps you
can take to protect your family, possessions, and future. If
you are interested in registering your relationship as a
domestic partnership you should contact
an attorney with
expertise in this area for advice and guidance.
Please contact us online or
call us at 1-800-221-9847.
Related Information
Domestic Partnerships
Spousal Support
Gay / Lesbian Adoptive
Families
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