New York Domestic Partnership Laws

Statutes

• New York Consolidated Laws PBH § 2961
• New York City Administrative Code § 3-241 (navigate to code section from index)

Statutory Definition of Domestic Partner

In New York State, a "domestic partner" is a person who, with respect to another person:

1. Has entered into a domestic partnership (in accordance with U.S., state, local, or foreign law) or is registered as a domestic partner with any registry maintained by one of the partner's employers; or
2. Is formally named as the beneficiary or covered person under the other person's employment benefits or health insurance; or
3. Is dependent or mutually interdependent on the other person for support (such as common ownership of housing or property, shared income, children in common, etc.).

Requirements for Entering Into a Domestic Partnership

1. Both partners must be residents of county or city in which you're applying;*
2. Both partners must be 18 or older;
3. Neither partner is married or related by blood;
4. Applicants are in a close and committed personal relationship, live together, and have been living together continuously for 6 months; and
5. Neither partner was in another domestic partnership within the preceding 6 months.

*For applicants in New York City, Rockland County, and Suffolk County, one partner may be an employee of a company based in that jurisdiction (rather than a resident); non-residents may apply in Albany, Ithica, and Rochester.

Domestic Partnership Application Procedures

1. Complete an Affidavit - This is a form declaring that you meet the legal requirements to enter into a domestic partnership. Each county or city clerk's office has its own format and procedure (for example, applicants in Westchester County may download a copy of the affidavit, while New York City applicants may file their affidavits online).
2. Appear at Clerk's Office in Person - Similar to marriage license applications, both partners must be physically present at the clerk's office to apply (with a valid form of ID and either a credit card or money order with the appropriate fee, $35 on average).
3. Sign the Application - After both partners sign the application, the clerk's office will notarized it; the clerk will then present you with a Certificate of Domestic Partnership.

Rights of Domestic Partners

The rights of domestic partners include the following:

• Family leave for bereavement and child care
• Visitation in New York City-operating hospitals, prisons, and other institutions (for those registered in NYC)
• Addition to a rental agreement as a family member;
• Eligibility for health benefits provided by certain cities (including New York City, Albany, Rochester, and Ithaca)
• Eligibility for health insurance, life insurance, death benefits, and other such benefits typically available to married couples

Note: Your domestic partnership certificate is legal proof of your relationship and is adequate documentation when applying for certain benefits.