Currrent as of February 4, 2022

Family Code § 297

Domestic partners defined; Requirements for establishing domestic partnership

(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) Both persons are capable of consenting to the domestic partnership.


Added Stats 1999 ch 588 § 2 (AB 26). Amended Stats 2001 ch 893 § 3 (AB 25); Stats 2003 ch 421 § 3 (AB 205), operative January 1, 2005; Stats 2011 ch 721 § 1 (SB 651), effective January 1, 2012; Stats 2019 ch 135 § 1 (SB 30), effective January 1, 2020.

Family Code 297