Domestic partner registration brings many of the benefits that were previously reserved only for married couples. One of the benefits is that domestic registered partners are able to adopt children, so as to become joint legal parents of their children the same way a stepparent is able to adopt a child when they marry. This gives the partner equal rights to raising the child and making important decisions.

Another right provided for under the domestic partner registration is the right to visit in hospitals. Same gender couples often experience problems when they attempt to visit their partner in a hospital. Medical decision-making is likewise, very limited for non-married couples, but the registered domestic partner act provides the same rights as a spouse for medical decision making. In the event one of the partners becomes ill and unable to make financial or legal decisions the registered domestic partner would be entitled to notice of any conservatorship proceedings and the right to object to the appointment of a proposed conservator.

Registered domestic partners are also entitled to state disability benefits on behalf of their partners who may be eligible but mentally or physically unable to file the claim themselves. In the event of a wrongful death, the registered domestic partner is entitled to make a claim. The registered domestic partner is also entitled to receive community property assets under a will or trust with same benefits the same way a surviving spouse would be able to. If one of the registered partners dies intestate (without a will or trust) the surviving domestic partner is entitled to inherit the one half share of the community property belonging to the deceased partner.

Registered domestic partners are also entitled to obtain records pertaining to the other partner, which are normally unavailable to the general public such as birth and death records. Counties are also authorized to give domestic partners of county employees full death benefits, retirement allowances and survival allowance benefits as if they were spouses of the county employees.

Unemployment benefits are also available the same way they are available to spouses when the partner is required to quit a job because the other partner has to relocate. The right to sick leave in order to care for a sick partner is also available to registered partners, and the same is true of medical leave for California State employees. No new rights are created, but the rights enjoyed by married couples become available to registered partners. The same is true of health insurance programs, registered partners have to be treated the same as spouses.

With all these new rights registered domestic partners also incur responsibilities. Domestic partners have a duty to provide financial support to one another just as married couples do, and may be required to provide support after the relationship is severed. Property obtained during the partnership may also become community property and has to be treated as if the partners were married. There is also a parentage presumption that the partners are both parents of any children born during the partnership that, as with married couples, grants rights and responsibilities. If the partners separate they will have custody, visitation, and support rights and responsibilities.

These are all rights gained by registered domestic partners for residents of California and the rights apply only in terms of California law. Federal law does not recognize these state rights and federal law may treat the registered couples differently. The same is true of many states, which likewise do not recognize these rights.

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The Law Office of Arnold Hernandez represents persons in civil rights and personal injury claims San Diego Personal Injury Attorney