California Codes

Cal. Family Code § 298.5 (2026)

Registration

✓ current as of May 2026
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(a)Two persons desiring to become domestic partners may complete and file a Declaration of Domestic Partnership with the Secretary of State.

(b)The Secretary of State shall register the Declaration of Domestic Partnership in a registry for those partnerships, and shall return a copy of the registered form, a Certificate of Registered Domestic Partnership, and a copy of the brochure that is made available to county clerks and the Secretary of State by the State Department of Public Health pursuant to Section 358 and distributed to individuals receiving a confidential marriage license pursuant to Section 503, to the domestic partners at the mailing address provided by the domestic partners.

(c)A person who has filed a Declaration of Domestic Partnership may not file a new Declaration of Domestic Partnership or enter a civil marriage with someone other than their registered domestic partner unless the most recent domestic partnership has been terminated or a final judgment of dissolution or nullity of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died.

(d)When funding allows, the Secretary of State shall print and make available upon request, pursuant to Section 358, a lesbian, gay, bisexual, and transgender specific domestic abuse brochure developed by the State Department of Public Health and made available to the Secretary of State to domestic partners who qualify pursuant to Section 297.

(e)The Certificate of Registered Domestic Partnership shall include the name used by each party before registration of the domestic partnership and the new name, if any, selected by each party upon registration of the domestic partnership.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: In Re Marriage Cases, 49 Cal. Rptr. 3d 675 (Cal. Ct. App. 2006).
In Re Marriage Cases, 49 Cal. Rptr. 3d 675 (Cal. Ct. App. 2006). “) A same-sex couple may form a domestic partnership simply by filing a "Declaration of Domestic Partnership" form with the Secretary of State (Fam.Code, § 298.5), and under certain circumstances they may terminate the partnership simply by filing a corresponding "Notice of…”
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