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Office of The County Clerk
CHAPTER 62
DOMESTIC PARTNERSHIPS
Sec. 62.1. Purpose.
Sec. 62.2. Definitions.
Sec. 62.3. Establishing a Domestic Partnership.
Sec. 62.4. Ending Domestic Partnerships.
Sec. 62.5. County Clerk's Records.
Sec. 62.6. Legal Effect of Declaration of Domestic Partnership.
Sec. 62.7. Codification.
Sec. 62.8. Filing Fees.
Sec. 62.9. Civil Ceremony.
Sec. 62.10. Recognition of Domestic Partnerships, Civil Unions, and Similar Legal Relationships of Other Jurisdictions.
Sec. 62.11. Amendment and Repeal.
Sec. 62.12. Severability.
Sec. 6 2.13. DOMESTIC PARTNERSHIPS RATIFIED AND APPROVED.
SEC. 62.1. PURPOSE.
The purpose of this ordinance is to create a way to recognize intimate committed relationships, including those of same-sex couples who otherwise may be denied the right to marry underCalifornia law, and to afford to domestic partners, to the fullest extent legally possible, the same rights, benefits, responsibilities, obligations, and duties as spouses. All costs of registration must be covered by fees to be established by ordinance.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.2. DEFINITIONS.
(a) Domestic Partnership. Domestic Partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, who live together, and who have agreed to be jointly responsible for basic living expenses incurred during the Domestic Partnership. They must sign a Declaration of Domestic Partnership, and establish the partnership under Section 62.3 of this chapter.
(b) "Live Together." "Live together" means that two people share the same living quarters. It is not necessary that the legal right to possess the quarters be in both of their names. Two people may live together even if one or both have additional living quarters. Domestic Partners do not cease to live together if one leaves the shared quarters but intends to return.
(c) "Basic Living Expenses." "Basic living expenses" means the cost of basic food and shelter. It also includes the expenses which are paid at least in part by a program or benefit for which the partner qualified because of the domestic partnership. The individuals need not contribute equally or jointly to the cost of these expenses as long as they agree that both are responsible for the costs.
(d) "Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a form provided by the County Clerk. By signing it, two people agree to be jointly responsible for basic living expenses which they incur during the domestic partnership and that this agreement can be enforced by anyone to whom those expenses are owed. They also state under penalty of perjury that they met the definition of domestic partnership when they signed the statement, that neither is married, and that they are not related to each other in a way which would bar marriage in California. The form will also require each partner to provide a mailing address.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.3. ESTABLISHING A DOMESTIC PARTNERSHIP.
(a) Methods. Two persons may establish a Domestic Partnership by either:
(1) Presenting a signed Declaration of Domestic Partnership to the County Clerk, who will file it and give the partners a certificate showing that the Declaration was filed; or
(2) Having a Declaration of Domestic Partnership notarized and giving a copy to the person who witnessed the signing (who may or may not be the notary). However, a domestic partnership formed in this manner shall not be recognized for purposes of San Francisco Charter Sections A8.500-2 relating to the Retirement System, where a registered domestic partnership or certificate of domestic partnership is required by law, or where a spouse would be required to present a marriage license.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.4. ENDING DOMESTIC PARTNERSHIPS.
(a) When the Partnership Ends. A Domestic Partnership ends when:
(1) One partner sends the other a written notice that he or she has ended the partnership; or
(2) One of the partners dies; or
(3) One of the partners marries or the partners no longer live together.
(b) Notice the Partnership Has Ended.
(1) To Domestic Partners. When a Domestic Partnership ends, at least one of the partners must sign a notice saying that the partnership has ended. The notice must be dated and signed under penalty of perjury. If the Declaration of Domestic Partnership was filed with theCounty Clerk, the notice must be filed with the clerk; otherwise, the notice must be notarized. The partner who signs the notice must send a copy to the other partner.
(2) To Third Parties. When a Domestic Partnership ends, a Domestic Partner who has given a copy of a Declaration of Domestic Partnership to any third party, (or, if that partner has died, the surviving member of the domestic partnership) must give that third party a notice signed under penalty of perjury stating the partnership has ended. The notice must be sent within 60 days of the end of the domestic partnership.
(3) Failure to Give Notice. Failure to give either of the notices required by this subsection will neither prevent nor delay termination of the Domestic Partnership. Anyone who suffers any loss as a result of failure to send either of these notices may sue for actual losses.
(Added by Proposition K, 11/6/90)
SEC. 62.5. COUNTY CLERK'S RECORDS.
(a) Amendments to Declarations. A Partner may amend a Declaration of Domestic Partnership filed with the County Clerk at any time to show a change in his or her mailing address.
(b) Maintenance of County Clerk's Records. The County Clerk will keep a record of all Declarations of Domestic Partnership, amendments to Declarations of Domestic Partnership and all notices that a partnership has ended. The records will be maintained so that amendments and notices a partnership has ended are filed with the Declaration of Domestic Partnership to which they apply.
(c) Filing Fees. The Board of Supervisors will set the filing fee for Declarations of Domestic Partnership and Amendments. No fee will be charged for notices that a partnership has ended. The fees charged must cover the city's cost of administering this ordinance.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.6. LEGAL EFFECT OF DECLARATION OF DOMESTIC PARTNERSHIP.
(a) Rights and Obligations. The rights and obligations of domestic partners to each other are those described by Section 62.2, Definitions or otherwise granted by San Francisco law or policies.
(b) Duration of Rights and Duties. If a domestic partnership ends, the partners incur no further obligations to each other.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.7. CODIFICATION. Upon adoption, the Clerk of the Board shall codify this amendment into the San Francisco Administrative Code. (Added by Proposition K, 11/6/90)
SEC. 62.8. FILING FEES.
For each filing of a Declaration of Domestic Partnership and each Amendment to a Declaration of Domestic Partnership the County Clerk shall charge a fee of $40. This fee may be adjusted pursuant to Section 8.33.1(b) of this Code to reflect changes in the relevant Consumer Price Index as determined by the Controller. (Added by Ord. 2-91, App. 1/14/91; amended by Ord. 155-02, File No. 021079, App. 7/12/2002; Ord. 83-04, File No. 040102, App. 5/20/2004) Note: Effective 08/15/2007, a $43 fee is charged for filing. (Added by Ord. 155-02 App. 07/10/2002)
SEC. 62.9. CIVIL CEREMONY.
(a) The County Clerk and any other person authorized by state law to perform marriage ceremonies are authorized to perform a civil ceremony solemnizing the formation of a Domestic Partnership established in accordance with this Chapter. Persons who either (1) present a signed Declaration of Domestic Partnership for filing to the County Clerk in accordance with Section 62.3(a)(1), or who (2) present a certificate issued by the County Clerk in accordance with Section 62.3(a)(1) showing that a signed Declaration of Domestic Partnership for these persons has been previously filed with the County Clerk, may request that the County Clerk or any other person authorized by state law to perform marriage ceremonies perform a ceremony solemnizing the formation of their Domestic Partnership. Each request for a Domestic Partnership ceremony by the County Clerk shall be made in writing on a form provided by the County Clerk, and shall be accompanied by payment of a fee of $60, for a ceremony to be performed during regular business hours, and $100, for a ceremony to be performed on a weekend or holiday. These fees may be adjusted pursuant to Section 8.33.1(b) of this Code to reflect changes in the relevant Consumer Price Index as determined by the Controller.
(b) Upon completion of the ceremony authorized by Subsection (a), the County Clerk shall issue a souvenir certificate memorializing the performance of the ceremony. If the ceremony is performed by a person other than the County Clerk, the persons entering into Domestic Partnership shall obtain a Ceremony Request Form from the County Clerk prior to the ceremony and shall return such Ceremony Request Form to the County Clerk within six months following the ceremony. The Ceremony Request Form shall be signed by the officiant. The County Clerk shall keep a record of all such ceremonies performed, filed with the Declaration of Domestic Partnership to which they apply. The County Clerk shall keep a record of Domestic Partnership ceremonies.
(c) The County Clerk is authorized to deputize persons to solemnize Domestic Partnership ceremonies. Any person 18 years of age or older may apply to be deputized for this purpose. Approval of applicants and the terms of any such authorization shall be solely within the discretion of the County Clerk. The County Clerk shall charge a fee, as set forth in Section 8.33.1, for issuing an authorization to perform the ceremony and oath.
(d) The ceremony authorized by this Section shall have no legal effect upon the status of a Domestic Partnership established pursuant to this Chapter.
(Added by Ord. 66-96, App. 2/9/96; amended by Ord. 201-99, File No. 990996, App. 7/1/99; Ord. 155-02, File No. 021079, App. 7/12/2002; Ord. 83-04, File No. 040102, App. 5/20/2004)
SEC. 62.10. RECOGNITION OF DOMESTIC PARTNERSHIPS, CIVIL UNIONS, AND SIMILAR LEGAL RELATIONSHIPS OF OTHER JURISDICTIONS.
(a) A domestic partnership, civil union, or similar legal relationship lawfully entered into in another jurisdiction shall be entitled to all the rights and benefits available to domestic partners registered pursuant to this Chapter. A certificate of such domestic partnership, civil union, or similar legal relationship issued by another jurisdiction shall constitute sufficient proof of entitlement to such rights and benefits.
(b) For purposes of this Chapter, "domestic partnership, civil union, or similar legal relationship" does not include a relationship between parents and children, ancestors and descendants of every degree, between brothers and sisters of the half as well as the whole blood, or between uncles or aunts and nieces or nephews, whether or not such relationship is recognized as a domestic partnership, civil union or similar legal relationship in another jurisdiction.
(Added by Ord. 219-03, File No. 030483, App. 9/5/2003; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.11. AMENDMENT AND REPEAL.
No part of this Chapter may be amended or repealed except by a vote of the people of the City and County of San Francisco, except that the Board of Supervisors may amend or repeal this Chapter as it deems necessary (1) to recognize domestic partnerships formed in other jurisdictions to the same extent as marriages formed in other jurisdictions, and (2) to afford domestic partners, to the fullest extent legally possible, the same rights, benefits, responsibilities, obligations and duties as spouses.
(Added by Ord. 78-04, File No. 040318, App. 5/6/2004)
In the event that a court or agency of competent jurisdiction holds that federal or state law, rule or regulation invalidates any clause, sentence, paragraph or section of this Chapter or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence, paragraph or section so that the remainder of this Chapter shall remain in effect.
(Added by Ord. 78-04, File No. 040318, App. 5/6/2004)
SEC. 62.13. DOMESTIC PARTNERSHIPS RATIFIED AND APPROVED.
The Board of Supervisors hereby ratifies and approves all domestic partnerships formed after March 2, 2004 between otherwise qualified persons, where the partners neither resided nor at least one worked in San Francisco at the time they established their Domestic Partnership. All such domestic partnerships shall be deemed valid as of the date the persons submitted a signed Declaration of Domestic Partnership to the County Clerk or delivered a signed, notarized copy of a Declaration of Domestic Partnership to the person who witnesses the signing, as provided in Sections 62.3(a)(1) or (a)(2).
(Added by Ord. 78-04, File No. 040318, App. 5/6/2004)
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