D.C. Mun. Regs. tit. 29, r. 29-8001

Current through Register 71, No. 45, November 7, 2024

Rule 29-8001 - ELIGIBILITY DETERMINATION AND REGISTRATION

8001.1

To establish a domestic partnership and to qualify for benefits under the Act, two (2) persons shall submit a single application for registration to the Registrar.

8001.2

Both persons seeking domestic partner status shall appear in person and execute the application form, and each person shall affirm under penalty of perjury that:

(a) Each person is at least eighteen (18) years of age and competent to contract;

(b) Each person is the sole domestic partner of the other person;

(c) Both persons share a mutual residence;

(d) Each person is not married; and

(e) There is not a pending termination of domestic partnership for either person.

8001.3

The Registrar may examine any applicant under oath to ascertain the names and ages of the persons desiring to register as domestic partners and any other information as required by this chapter before issuing a certificate of domestic partnership.

8001.4

An application for a certificate of domestic partnership shall not be considered final until the Registrar accepts it.

8001.5

The Registrar shall not provide a certificate of domestic partnership if the applicants fail to provide the minimum documentation required by sections 8001 and 8004, or when the Registrar has reasonable cause to believe that the applicants fail to satisfy the requirements of this chapter or of the Act. The Registrar shall state in writing the reason for denial of a certificate of domestic partnership.

8001.6

Persons registered together in a domestic partnership or a similar legally recognized relationship, other than marriage, in a jurisdiction outside the District of Columbia shall also be recognized as domestic partners in the District, provided that their relationship was registered in one of the following jurisdictions:

(a) California (Domestic Partnership under California Family Code § 297et seq.);

(b) Colorado (Designated Beneficiary Agreement under Colorado Revised Statutes § 15-22-101et seq.);

(c) Connecticut (Civil Union under Connecticut General Statutes § 46 b-38aa et seq.);

(d) Hawaii (Reciprocal Beneficiary under Hawaii Revised Statutes Annotated § 572 C-1 et seq.);

(e) Nevada (Domestic Partnership under Senate Bill 283 amending Title 11 of the Nevada Revised Statutes Annotated, effective October 1, 2009);

(f) New Hampshire (Civil Union until January 1, 2010, under New Hampshire Revised Statutes Annotated § 457:46);

(g) New Jersey (Domestic Partnership under New Jersey Annotated Statutes § 26:8A-1 et seq. and Civil Union New Jersey Annotated Statutes § 37:1-1 et seq.);

(h) Oregon (Domestic Partnership under the Oregon Family Fairness Act, House Bill 2007);

(i) Vermont (Civil Union under Vermont Statutes Annotated § 15 -1201 et seq.);

(j) Washington (Domestic Partnership under Annotated Revised Code of Washington § 26.60.010 et seq.); and

(k) Great Britain (Civil Partnership under the Civil Partnership Act, 2004, ch. 33 (Eng.) et seq.) and relationships in other countries recognized as equivalent to United Kingdom Civil Partnerships, except marriage, under Schedule 20 as follows:

(1) Andorra (Unio estable de parella);

(2) Australia (Tasmania) (Significant Relationship);

(3) Belgium (Wettelijke samenwoning or gesetzliches zusammenwohnen);

(4) Canada (Nova Scotia) (Domestic Partnership);

(5) Canada (Quebec) (Union Civile or Civil Union);

(6) Denmark (Registreret Partnerskap);

(7) Finland (Rekisterity parisuhde or registrerad partnerskap)

(8) France (Pacte Civil de Solidarit);

(9) Germany (Lebenspartnerschaft);

(10) Iceland (Staofesta Samvist);

(11) Luxembourg (Partenariat Enregistr or Eingetragene Partnerschaft);

(12) Netherlands (Geregistreerd Partnerschap);

(13) New Zealand (Civil Union);

(14) Norway (Registrert Partnerskap);

(15) Sweden (Registrerat Partnerskap).

8001.7

The Director may periodically certify and de-certify relationships in other jurisdictions that may be recognized as domestic partnerships in the District by publishing a notice of certification or de-certification in the D.C. Register. Certification or de-certification shall be effective upon publication of the notice.

8001.8

Certification of a jurisdiction shall be based on the similarity of the relationship in that jurisdiction to the rights and responsibilities of marriage under the laws of that jurisdiction.

8001.9

De-certification shall occur when a jurisdiction abolishes the relationship or converts prior registrations to marriage.

8001.10

A person registered in one of the relationships and in one of the jurisdictions listed in § 8001.6 or subsequently certified under § 8001.7 shall be recognized in the District as if the registration had been made originally in the District as a domestic partnership. Registration in one of the relationships and one of the jurisdictions shall not require further registration in the District.

D.C. Mun. Regs. tit. 29, r. 29-8001

Final Rulemaking published at 49 DCR 5419 (June 14, 2002); as amended by Final Rulemaking published at 57 DCR 5742 (July 2, 2010)

Authority: section 10 of the Health Care Benefits Expansion Act of 1992 ("Act") (D.C. Law 9-114; D.C. Official Code § 32-709) , and Mayor's Order 2002-56, dated March 4, 2002, and in accordance with section 3(i) of the Act (D.C. Official Code § 32-702(i) )