Rights of Domestic Partners (RDP Rights)

California Domestic Partner Rights

Registered Domestic Partner (RDP) Status

California law does not recognize marriage between two male partners or two female partners. However, California has moved much closer to offering equality for same sex couples by legalizing a process and procedure for establishing a registered domestic partnership (RDP). Couples who have official RDP status possess many of the same rights and protections enjoyed by married people.

The Dolan Law Firm, is a gay friendly firm helping clients in the LGBTQ community and their allies with issues relating to violations of their civil rights because of their RDP status or their status as a gay, lesbian, bisexual, or transgendered person.

You are no less equal.

Individuals in a registered domestic partnership, each gain significant rights and responsibilities, including:

• Inheritance rights,
• Automatic application of most spousal rights such as not needing to draft a separate medical health care power of attorney or advanced medical directives,
• Rent control rights,
• Rights in personal injury cases 
• Family Medical Leave Act (FMLA) rights,
• Standing in wrongful death actions when a partner is killed through someone else's negligence.
• Terminating a Domestic Partnership

Christopher Dolan, the founding member of The Dolan Law Firm, has been selected as the California Consumer Attorney of the Year; and has been repeatedly nominated as the San Francisco Trial Lawyer of the Year; as well as chosen as a Northern California Super Lawyer; A review of his practice and work by his peers give him the designation of “A.V.”, having the "highest legal ability" and ethics by Martindale-Hubbell.

Read more about our aggressive pursuit of civil rights for people, including our recent $60 million award in a lawsuit on behalf of Arab-Americans systematically discriminated against by FedEx Ground, the largest award for race discrimination in California and the United States.

Rights of Registered Domestic Partners RDP

California RDP Rights and Responsibilities

Under California Law, the Domestic Partners Act, Family Code Section 297, et seq., individuals who register as domestic partners have the same rights and protections Granted To Spouses With Limited Exceptions.

Equivalent Rights as Spouses:

Health Care - Group Health Insurance and Group Disability Insurance must offer coverage for registered domestic partners (Family Code Section 297; Health and Safety Code Section 1374.58; California Insurance Code Section 101-1.7).

Health Care Facility Visitation Rights - California Health and Safety Code Section 1261 requires health care facilities to allow patients' domestic partners to visit the patient except under certain prescribed conditions.

Property Transfers - Transfers between registered domestic partners, after 2006-2007 fiscal year are excluded from the meaning of change of ownership, including but not limited to, transfers to a trustee for the beneficial use for the registered domestic partner or the surviving registered domestic partner of a deceased transferor and transfers that take effect on the death of a registered domestic partner. Additionally, transfers to registered domestic partners, or former registered domestic partners, in connection with a property settlement agreement or decree of dissolution of a domestic partnership or legal separation, are also entitled to the same rights as those afforded to heterosexual couples.

Children - Under Family Code Section 297.5 (a)(b) the rights and obligations of registered domestic partners with respect to a child of either of them is the same as those of spouses.

Surviving Domestic Partners - The surviving registered domestic partner, following the death of the other partner, has the same rights, protections, and benefits, and is subject to the same responsibilities, obligations and duties under the law as are granted to a widow/widower in a heterosexual relationship.

Legal Recovery - Wrongful Death - Negligent Infliction of Emotional Distress- Under Civil Code Section 1714.01 a registered domestic partner who observes an injury to their partner may recover for the tort of "negligent infliction of emotional distress." A registered domestic partner of someone who is killed because of the negligent and willful act of another may also recover under a legal action for damages for wrongful death (California Code of Civil Procedure Section 377.60 (a)).

Adoption - A registered domestic partner may adopt a partner's child in the same manner as a stepparent under Family Code Section 9000 (g).

Sick Leave - If an employer provides sick leave for heterosexuals to take care of their spouses, that same right must be afforded to domestic partners. As stated in the section on family medical leave, registered domestic partners who qualify for family medical leave may take up to 12 weeks of unpaid leave to care for their domestic partner. (See Labor Code Section 233 and California Government Code Section 12945.2)

Health Care Decisions - Registered domestic partners have the right to make health care decisions on behalf of their incapacitated domestic partners under probate code section 4716.

Right to Claim State Disability Benefits on Behalf of Incapacitated Domestic Partner - California Unemployment Insurance Code Section 2705.1 allows a registered domestic partner to make a claim, on behalf of their incapacitated domestic partner for State Disability Benefit.

Our lawyers work on a contingency meaning that you pay no fees or costs up-front. If we obtain a recovery on your behalf, we receive a percentage of any recovery we obtain for you. No recovery, no fee.