Vital Records Division Domestic Partnership Frequently Asked Questions What is the Health Care Benefits Expansion Act of 1992? What is the Domestic Partnership Registration Rule? If the law was passed in 1992, why is it only being implemented in 2002? Who is eligible to participate? What are the registration requirements to participate? What are the benefits of participation? Where do I apply for a Domestic Partnership Certificate? What is the process of applying for a Domestic Partnership Certificate? Is there an interview or oral examination involved? Can I get a certificate of domestic partnership on the day I apply? What proof of mutual residence (living together) is required? What are the fees? How can I amend a domestic partnership registration? What information can be amended in a domestic partnership registration? Can I appeal if my application is denied? When does a domestic partnership end? If I file for termination or I fail to satisfy the requirements for registration, when does the partnership end? Do I need to provide notice to anyone when I terminate a Domestic Partnership? Can partners who file for termination of Domestic Partnership stop the process? Are records of a domestic partnership registration public? What are the new laws regarding domestic partnerships since the 2002 implementation of the Health Care Benefits Act of 1992? What is the Health Care Benefits Expansion Act of 1992? This law, (DC Law 9-114, effective June 11, 1992), authorizes unmarried persons, whether of the same sex or different genders and regardless of one's place of residence, to register as domestic partners in the District of Columbia. Registration enables the partners to be eligible to receive health care insurance coverage if one of the partners works for and was employed by the District government after 1987. The law also guarantees the partners mutual visitation rights in hospitals, and nursing homes. Select regulation, 29DCMR Chapter 80* for more information. What is the Domestic Partnership Registration Rule? The Domestic Partnership Registration Rule implements the Health Care Benefits Expansion Act of 1992 by establishing the procedures and fees for registration, termination, and amendment of a declaration of domestic partnership. If the law was passed in 1992, why is it only being implemented in 2002? Following passage of the law in 1992, Congress prohibited the District from spending any local funds to implement the law. The prohibition was lifted in the federal appropriations act for the District for the 2002 fiscal year, with the result that the law may now be implemented. Who is eligible to participate? Anyone, whether a resident or non-resident may register a declaration of domestic partnership with another person, provided that both persons satisfy the registration requirements. What are the registration requirements to participate? To register, both applicants must be 18 years old or older, both must be competent to contract, both must be unmarried, and both must not have entered into another domestic partnership. In addition both applicants must share a permanent residence. What are the benefits of participation? For District of Columbia government personnel first employed after October 1, 1987: the ability to add healthcare insurance coverage for one's domestic partner and eligible dependents of domestic partners as if the domestic partner and dependents were family members; the ability to use annual leave or unpaid leave to care for one's domestic partner or the dependents of one's domestic partner; the ability to use annual leave or unpaid leave as requested to arrange for or attend the funeral of one's domestic partner; and the ability to use annual leave or unpaid leave for the birth or adoption of a dependent child; All domestic partners are entitled to have the same rights as family members to visit their domestic partners in the hospital, and have the right to make decisions concerning the treatment of one's domestic partner's remains after the partner's death. An employer who chooses to give benefits to a domestic partner can offer whatever benefits the employer chooses.   Where do I apply for a Domestic Partnership Certificate? Applicants for domestic partnership registration must apply in person to: DC Department of Health Vital Records Division 825 North Capitol Street, NE, Washington DC 20002 (202) 442-9303 What is the process of applying for a Domestic Partnership Certificate? Both parties seeking to register as domestic partners must appear in person, provide documentation to establish that they satisfy the requirements for registration, submit a single application for registration, and pay the appropriate fee. Is there an interview or oral examination involved? An interview or examination is not required; however, the Registrar may examine applicants under oath to verify any of the information the applicants are required to provide. Can I get a certificate of domestic partnership on the day I apply? Although there is no minimum waiting period before receiving a certificate of domestic partnership, the registration is not complete until the Registrar verifies that the application is complete and that the applicants satisfy the requirements for registration. It may, therefore, take several days before a certificate is prepared. Once completed, the certificate can either be picked up or mailed. What proof of mutual residence (living together) is required? Submitting one (1) of the following documents may satisfy proof of mutual residence: current residential lease or rental agreement naming both applicants as occupants; current residential mortgage that names both applicants as mortgagors; deed for residential property stating that both applicants share title to the premises; OR If the valid photo identification has the same home address, then an affidavit executed within the previous 6 months, may be submitted instead of one of the items listed above. The affidavit states under penalty of perjury, that they both share the same residence.     What are the fees? Registration including one certificate Certified copy of certificate Domestic partnership amendment Domestic partnership termination certificate Withdrawal of domestic partnership termination Certified copy of domestic partnership termination certificate Record search (per name and year) $45 $18 $10 $25 $10 $18 $10 How can I amend a domestic partnership registration? Only a party to a domestic partnership can amend his or her domestic partnership records by filing an amendment form with the Registrar. Applications for amendment of domestic partnership records must be supported by documentary evidence. What information can be amended in a domestic partnership registration? Parties to a domestic partnership may file an amendment to: add a dependent child of a domestic partner; file a change of address; or file a legal name change. Can I appeal if my application is denied? An appeal may be filed according to the requirements of DC Official Code section 2-510, which requires the persons denied to file a written petition for review in the District of Columbia Court of Appeals. When does a domestic partnership end? A domestic partnership may be terminated automatically: when the partners fail to satisfy a requirement of domestic partnership registration or when either domestic partner dies. a domestic partnership may also be terminated when one or both partners file for termination. If only one partner files for termination that partner must serve notice on the other domestic partner of his or her intent to terminate the partnership. Examples of automatic termination, other than death of a partner, include: one of the domestic partners marries another person or the domestic partners marry one another; or one of the domestic partner abandons the domestic partnership or the partner's mutual residence. If I file for termination or I fail to satisfy the requirements for registration, when does the partnership end? If termination results automatically because of the death of a partner or for failure to satisfy the requirements of a domestic partnership there is no waiting period for final termination. If one or both partners file for termination there is a 6-month waiting period before the termination becomes final. During the waiting period all benefits continue to both partners. Do I need to provide notice to anyone when I terminate a Domestic Partnership? Yes, if one of the partners informs a third person of the existence of a domestic partnership for the purpose of receiving some benefit, then the partner who informed the third person is also responsible for informing that person of the termination of the domestic partnership. Although a failure to notify does not carry a penalty, any person who makes a false statement in a domestic partnership agreement; or fails to notify an employer of a change in status of a domestic partner can be sued in a civil action to recover damages that result from the failure to notify or the false statement. Can partners who file for termination of Domestic Partnership stop the process? Yes, because a formal termination requires a 6-month waiting period before becoming final, the partner or partners who filed can submit a request to withdraw the termination at any time during the 6-month waiting period if they still meet the domestic partnership requirements. The withdrawal of termination form requires obtaining the consent of the other domestic partner on a form available from the Registrar. After the 6-month waiting period the partners would need to reapply, pay the appropriate fee and supply the documentation necessary to establish a new domestic partnership. Are records of a domestic partnership registration public?  Under DC Official Code § 32-702(c) all information, except address information, contained in a declaration of domestic partnership is open to inspection as a public record. What are the new laws regarding domestic partnerships since the 2002 implementation of the Health Care Benefits Act of 1992? Health Care Decisions Act of 2003, DC Law 15-17, effective June 21, 2003, which gives domestic partners the right to make health care decisions for their partners. For more information, please contact: Office of Personnel 441 4th Street, NW, Suite 300S Washington, DC 20001 (202) 442-9700 dcop.dc.gov Deed Recordation Tax and Related Amendments Amendment Act of 2004, DC Law 15-176, effective September 8, 2004, which treats domestic partners the same as spouses for the purpose of paying the deed recordation tax. For more information, please contact: Office of Tax and Revenue (for recordation tax) 941 North Capitol Street, NE Washington, DC 20002 (202) 727-4829 cfo.dc.gov/otr/site/default.asp             and Department of Consumer and Regulatory Affairs DCRA (for tenant rights) 941 North Capitol Street, NE Washington, DC 20002 (202) 442-4400 dcra.dc.gov DC Law 15-307, the "Department Of Motor Vehicles Reform Amendment Act Of 2004", effective April 8, 2005, exempts domestic partners from the excise tax payable for transfer of title when the transfer is to another domestic partner or family member. For more information, please contact: Department of Motor Vehicles 301 C Street, NW Washington, DC 20001 (202) 727-5000 dmv.dc.gov Domestic Partnership Protection Amendment Act of 2004, DC Law 15-309, effective April 8, 2005, which amends the definition in the Human Rights Act of 1997 for the term "marital status" to include domestic partners. For more information, please contact: Office of Human Rights 441 4th Street, NW, Suite 570N Washington, DC 20001 (202) 727-4559 ohr.dc.gov  Domestic Partnership Equality Amendment Act of 2006,  DC Law 16-79, effective April 4, 2006. By this act in almost all cases a domestic partner will have the same rights as a spouse.  Section 2 changes the law regarding competency of witnesses in civil and criminal cases by striking references to husband and wife and replacing them with spouse or domestic partner regarding their testimony against one another.  This section also exempts clergy from testifying about the confidential counseling provided to domestic partners. Section 3 gives domestic partners the same rights as spouses regarding mortgages. Section 4 imposes the same duties on domestic partners as spouses regarding garnishment for child support, division of property in a divorce or dissolution of a domestic partnership, provide support during the pendency of a divorce or dissolution, payment of alimony, imposes the same penalties for failure to provide support, and gives the same rights regarding liability of a third party for negligent harm to a spouse or domestic partner. Section 5 gives the same rights as a surviving spouse to a surviving domestic partner for the purposes of inheritance, exempt property, family allowance, equitable apportionment for minor children not in the custody of the surviving spouse or domestic partner, the effect of devises or bequests of real estate, renouncing devises or bequests, failure to renounce a devise or bequest, rights when the decedent domestic partner dies intestate, distribution of surplus after payment to a surviving spouse or domestic partner, non-probate transfers, escheatment, and the rule against perpetuities. Section 6 gives domestic partners the same rights as a spouse for the purpose of probate. Section 7 gives domestic partners the same rights as spouses regarding guardianship of incapacitated individuals, notice of a conservator for accounts or sale, encumbrance, or transaction, and power of attorney relating to family maintenance. Section 8 grants domestic partners the same rights as spouses regarding the ability to enter into premarital agreements by redefining that term to include prospective domestic partners. For more information, contact the Vital Record Division at (202) 442-9303 or http://doh.dc.gov. For information on Leave and Health Benefits contact the DC Office of Compensation and Benefits at (202) 442-9655.