How to File for Domestic Partnership in California

To file for a domestic partnership in California, both partners complete a Declaration of Domestic Partnership (Form DP-1), sign it in front of a notary public, and submit it to the California Secretary of State with a $33 filing fee. The fee drops to $10 if either partner is 62 or older. There is no online filing option, and since 2020 any two adults who meet the eligibility rules can register, regardless of sex.¹²

Who Qualifies to Register

California Family Code Section 297 sets four conditions, and both partners must meet all of them when the form is filed:

Neither person is currently married or in another domestic partnership that hasn’t been formally ended.
The two people are not related by blood in a way that would prevent them from marrying each other in California.
Both partners are at least 18 years old.
Both partners are capable of consenting and do so voluntarily.

These rules mirror California’s marriage eligibility rules in most respects.³

A minor under 18 can register only after obtaining a court order granting permission. The court also needs written consent from the minor’s parents or guardian, or, if there is no parent or guardian capable of consenting, from the court itself. A certified copy of the court order must be filed with the Secretary of State alongside the Declaration.⁴

What You Need Before You File

The main document is Form DP-1, available as a fillable PDF on the Secretary of State’s website. The form asks for each partner’s name and a mailing address for the partnership. If either partner is changing their name during registration, the form also collects the new name and date of birth.⁵

You’ll also want:

Valid government-issued identification for each partner, such as a driver’s license or passport.
Proof that any prior marriage or domestic partnership has been legally ended, if applicable.
A notary public. Both partners sign the DP-1 in front of one, and the Secretary of State will reject an unnotarized form. UPS stores, banks, and shipping centers commonly offer notary services in California, typically around $15 per signature.

Social Security numbers are not required on the form itself, though the partnership certificate will likely come up later when you update records with the Social Security Administration, the DMV, or an employer.⁵

Changing a Name on the Form

Either partner can change a middle or last name as part of the registration, at no extra cost. The DP-1 lists the allowed options:

The other partner’s current last name.
Either partner’s last name at birth.
A combined name using all or part of either partner’s current or birth last name.
A hyphenated combination of last names.

The change takes effect when the partnership is registered. Skipping it during registration is fine, but changing a name later requires a separate court petition, which is slower and costlier than checking the box on the DP-1.⁵

Filing the Form and Paying the Fee

Once the DP-1 is complete and both signatures are notarized, you can submit it two ways:

By mail. Send the original notarized form with a check or money order payable to the “California Secretary of State.”
In person, at the Sacramento or Los Angeles office. Sacramento accepts checks, money orders, cash, and Visa or Mastercard. Los Angeles accepts everything except cash.

The filing fee is $33 if both partners are under 62, and $10 if either partner is 62 or older. There is no online filing.²

Confidential Filings

If privacy matters, California also offers a confidential domestic partnership, filed on Form DP-1A instead of the standard DP-1. The confidential filing becomes a permanent record that is not open to public inspection: no one, including the partners, can obtain copies without appearing in person, submitting a notarized written request, or presenting a court order showing good cause. Eligibility and fees are the same as the standard filing. Standard registration records, by contrast, are public.⁶

After the Secretary of State Processes Your Filing

Once the Declaration and payment are processed, the Secretary of State issues a Certificate of Registration of Domestic Partnership. This is your official proof of the partnership, and you’ll rely on it repeatedly. Keep it somewhere secure, and contact the Secretary of State’s office if you spot an error.

With the certificate in hand, notify the institutions that need to know:

Your employer and insurance carrier, to add your partner to health coverage and update beneficiary designations. Most plans allow enrollment within 30 to 60 days of a qualifying life event like a domestic partnership registration.
The California DMV, if you changed your name during registration. The DMV accepts domestic partnership documentation as proof of a legal name change when updating a driver’s license or ID card.⁷
Banks, investment accounts, and retirement plan administrators, especially if you want joint ownership or updated beneficiaries.
Your estate planning documents. California law gives domestic partners inheritance and medical decision-making rights by default, but wills, powers of attorney, and healthcare directives that explicitly name your partner reduce the risk of confusion or legal challenges.

What Registration Gets You Under California Law

Under California Family Code Section 297.5, registered domestic partners have the same rights, protections, and benefits as married spouses under state law, across statutes, regulations, court rules, and common law. In practice that means community property from the date of registration, intestate inheritance if a partner dies without a will, authority to make medical decisions for an incapacitated partner, access to stepparent adoption of a partner’s child, and coverage under the California Family Rights Act for time off to care for a partner or a partner’s child.⁸⁹

The obligations run both ways. Partners owe each other financial support during the relationship, and if the partnership ends, community property is divided and support may apply, much like a divorce.

Where Federal Law Draws a Line

State registration does not make you spouses in the eyes of the federal government, and that gap matters for anyone weighing domestic partnership against marriage.

The IRS states that registered domestic partners are not married for federal tax purposes, so each partner files as single or, with a qualifying dependent, as head of household. Neither “married filing jointly” nor “married filing separately” is available.¹⁰ A related surprise: if an employer covers a domestic partner on health insurance and the partner isn’t a tax dependent, the fair market value of that coverage is taxable imputed income on the employee’s paycheck. Married spouses don’t face that extra tax.¹¹

Social Security survivor and spousal benefits are available only to legal spouses, not domestic partners. U.S. Citizenship and Immigration Services recognizes spouses for family-based immigrant petitions but does not recognize domestic partners; if immigration status is in play for your family, marriage is the only route to a spousal green card petition.¹²

Federal gift and estate tax treatment differs too. Married couples can transfer unlimited assets between each other tax-free. Transfers between domestic partners follow the standard federal gift tax rules, with an annual exclusion of $19,000 per recipient in 2026 and a lifetime exemption of $15 million above that. For most couples this won’t come up day to day, but it can matter if you share substantial property or expect a large inheritance.

1
California Legislative Information. Compare Versions – SB-30 Domestic Partnership
2
California Secretary of State. Forms and Fees
3
California Legislative Information. California Code FAM 297 – Domestic Partner Registration
4
California Legislative Information. California Family Code 297.1 – Minor Domestic Partnership
5
California Secretary of State. California Declaration of Domestic Partnership Form DP-1
6
California Secretary of State. DP-1A Confidential Declaration of Domestic Partnership
7
California DMV. Update Information on Your Driver’s License or ID Card
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California Legislative Information. California Family Code 297.5
9
Justia Law. California Family Code 9000-9007 – Stepparent Adoptions
10
Internal Revenue Service. Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions
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California Secretary of State. Domestic Partners Registry Frequently Asked Questions
12
U.S. Citizenship and Immigration Services. Family of Green Card Holders (Permanent Residents)