Section 297 Of Part 1. Definitions From California Family Law Code >> Division 2.5. >> Part 1.
297
. (a) Domestic partners are two adults who have chosen to share
one another's lives in an intimate and committed relationship of
mutual caring.
(b) A domestic partnership shall be established in California when
both persons file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division, and, at the time of
filing, all of the following requirements are met:
(1) Neither person is married to someone else or is a member of
another domestic partnership with someone else that has not been
terminated, dissolved, or adjudged a nullity.
(2) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
(3) Both persons are at least 18 years of age, except as provided
in Section 297.1.
(4) Either of the following:
(A) Both persons are members of the same sex.
(B) One or both of the persons meet the eligibility criteria under
Title II of the Social Security Act as defined in Section 402(a) of
Title 42 of the United States Code for old-age insurance benefits or
Title XVI of the Social Security Act as defined in Section 1381 of
Title 42 of the United States Code for aged individuals.
Notwithstanding any other provision of this section, persons of
opposite sexes may not constitute a domestic partnership unless one
or both of the persons are over 62 years of age.
(5) Both persons are capable of consenting to the domestic
partnership.