State Preemption of Domestic Partnership Registration

California’s Family Code, in Division 2.5, Part 5, provides for state preemption of local domestic partnership registration requirements. Section 299.6 specifies that any local ordinance or law that provides for the creation of a “domestic partnership” is preempted on and after July 1, 2000, except as provided.

In addition, domestic partnerships created under any local domestic partnership ordinance or law before July 1, 2000, remain valid. On and after July 1, 2000, domestic partnerships previously established under a local ordinance or law are governed by this division and the rights and duties of the partners are those set out in this division, except as provided.

Any local jurisdiction may retain or adopt ordinances, policies, or laws that offer rights within that jurisdiction to domestic partners or as more broadly defined by the local jurisdiction’s ordinances, policies, or laws, or that impose duties upon third parties regarding domestic partners, that are in addition to the rights and duties set out in this division, and the local rights may be conditioned upon the agreement of the domestic partners to assume the additional obligations set forth in this division.