Domestic partnerships provide unmarried couples with some of the legal rights and benefits that married couples enjoy, such as the ability to make medical decisions for their partner, access to health insurance, and inheritance rights. In New York State, domestic partnerships are available to same-sex and opposite-sex couples who meet certain criteria. However, the process of establishing a domestic partnership in New York can be confusing and complicated. In this article, Eastcoastlawscom will provide a step-by-step guide to getting a domestic partnership in New York State, including the requirements you need to meet, the documentation you need to provide, and the legal implications of entering into a domestic partnership. Whether you are considering a domestic partnership as an alternative to marriage or simply want to understand your options, this article will provide you with the information you need to navigate the process successfully.
What is the domestic partnership law in New York?
In New York, a domestic partnership is a legal relationship between two individuals who are not married but have chosen to live together and share their lives and resources. The New York State Domestic Partnership Law was enacted in 1998 to extend legal recognition and benefits to same-sex couples who were not allowed to marry at the time. However, the law now applies to both same-sex and opposite-sex couples.
To be eligible for domestic partnership in New York, both partners must be at least 18 years old, not married or in another domestic partnership, and be able to show proof of a committed intimate relationship. This can include evidence of shared living expenses, joint bank accounts, shared property, and other similar factors.
One of the benefits of domestic partnership in New York is that it provides legal recognition of the relationship, which can be important for issues such as healthcare and visitation rights, inheritance, and property rights. Domestic partners in New York also have the right to make medical decisions for each other in certain circumstances.
Another important benefit of domestic partnership in New York is that it allows for the extension of certain employment benefits to domestic partners. This can include health insurance coverage, family and medical leave, and other benefits that are typically available to spouses.
To register as domestic partners in New York, couples must file a Domestic Partnership Registration Form with the New York City Clerk’s Office. The form requires basic information about the partners, as well as a notarized affidavit stating that the partners meet the eligibility requirements for domestic partnerships.
Once registered, domestic partners in New York have certain responsibilities and obligations to each other, similar to those of married couples. This can include financial responsibilities, such as the obligation to support each other financially, as well as the right to inherit from each other in the event of death.
In summary, a domestic partnership in New York is a legal relationship between two individuals who are not married but have chosen to live together and share their lives and resources. Domestic partnership provides legal recognition and benefits to the partners, including healthcare and visitation rights, inheritance, and property rights. Domestic partners in New York also have the right to certain employment benefits, such as health insurance coverage and family and medical leave.
What Qualifies a Domestic Partnership In New York?
A couple can register a domestic partnership in New York if they meet the following requirements:
- The partners have a close and committed personal relationship and live together continuously.
- Both partners are New York City residents, or the City employs at least one person on the date of registration. In addition, the partners must sign a domestic partnership affidavit at the clerk’s office to swear to their residency.
- Both people are 18 years of age or older.
- Neither partner is currently married.
- Neither person is currently in a domestic partnership nor has been in another domestic partnership within the last six months.
- The partners are not related to each other by blood in a way that would prevent marriage in New York State.
If you satisfy all of the aforementioned conditions, an Affidavit of Domestic Partnership Form may be obtained without an appointment at any of the five City Clerk offices.
Required Document For Domestic Partnership In New York
When you apply for a domestic partnership in New York, you need to bring a valid, unexpired ID with you. Acceptable types of identification include:
- Driver’s license (from the United States or one of its territories)
- Nondriver’s identification card (from the United States or one of its territories)
- Original Birth Certificate
- United States Immigration Card
- Official School Record
- A valid passport from any country
- Employee Identification Card
How much is a domestic partnership in NY?
The fee to register a Domestic Partnership is $35 by credit card or money order payable to the City Clerk.
Application Procedure Of A Domestic Partnership In New York
- To register as domestic partners, please schedule an appointment by going to www.nyc.gov/cupid
- You can submit an application online to the Office of the City Clerk via City Clerk Online. You must still appear at the office to complete the application process.
- At your scheduled appointment you must both appear at the scheduled City Clerk’s office with an acceptable form of identification (See below) and the fee of $35 (by credit card or money order payable to the City Clerk) to complete your application.
- As part of the completion process, the Domestic Partnership affidavit must be signed by both partners and notarized. Notarization is available without charge in the offices of the City Clerk.
Certificate Of Domestic Partnership In New York
- Once your application has been processed and the fee has been paid, the clerk will present you and your partner with the Certificate of Domestic Partnership.
- You may purchase additional Certificates for an additional fee of $9 by credit card or money order payable to the City Clerk. Your Certificate constitutes notice of a registered Domestic Partnership when you or your partner apply for rights and benefits available to Domestic Partners.
- These rights include, but are not limited to:
- Bereavement leave and child care leave for City employees;
- Visitation in a City correctional and juvenile detention facility;
- Visitation in facilities operated by the New York City Health and Hospitals Corporation;
- Eligibility to qualify as a family member to be added by the New York City Housing Authority to an existing tenancy as a permanent resident;
- Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings under the jurisdiction of the Department of Housing Preservation and Development;
- Health benefits provided by the City of New York and employees and retirees and eligible members of their family pursuant to stipulation or collective bargaining; and
- Such other rights as may be established pursuant to applicable law.
Resources To Help Register A Domestic Partnership In New York
If you are looking to register a domestic partnership in New York State, you should check with your local city or county clerk’s office to see if they offer this service.
Here are some links that may be helpful:
- New York City Clerk’s Office: https://www1.nyc.gov/site/countyclerk/index.page
- Westchester County Clerk’s Office: https://www.westchesterclerk.com/services/domestic-partnerships/
- Tompkins County Clerk’s Office: https://tompkinscountyny.gov/clerk/domestic-partnership
- Albany County Clerk’s Office: https://www.albanycounty.com/departments/countyclerk/domestic-partnership-registry
- Ithaca City Clerk’s Office: https://www.cityofithaca.org/161/City-Clerks-Office