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Domestic Partnership Resource Guide

(Download the printer-friendly PDF version.)

View the Top 25 Rights and Responsibilities of Domestic Partnerships

Introduction to Domestic Partnerships
Next Steps for Basic Rights Oregon
Know before you go
The Registration Process
A note on name changes
Frequently Asked Questions
View the County Clerk information

Introduction to Domestic Partnerships

A Domestic Partnership may be established by two individuals of the same sex who are at least 18 years of age, at least one of whom is an Oregon resident, and who are otherwise legally capable of consenting.

Establishing a Domestic Partnership affords same-sex couples all of the rights and responsibilities that are granted under state law through a marriage contract.

These important rights and responsibilities include:

Hospital visitation rights and medical decision-making for partners;
Automatic parentage of non-biological parents for children born after the Domestic Partnership is established;
Significant legal and financial obligations to each other;
And dissolution provisions similar to legal divorce.

Domestic Partnerships are prohibited and void if:

Either party has a different legally-recognized spouse*; or
The parties are first cousins or any nearer kin.

An Oregon court may declare a Domestic Partnership void if:

A judge finds either party was not of legal age (18); or
Was incapable of consenting due to insufficient understanding; or
Consent was obtained by force or fraud.

*Please see FAQ for what this means for couples with legally-recognized relationships from another state or country.

Know Before You Go (Back to top)

Entering into a domestic partnership could alter wills and other legal contracts you may have. Consult an attorney if you have concerns about this.
Committed couples who choose to enter into a domestic partnership in Oregon are taking on very serious legal rights and responsibilities. The dissolution of a domestic partnership is similar to a divorce and is overseen by Oregon courts – even if one or both partners no longer resides here!

Next Steps for Basic Rights Oregon (Back to top)

Although we managed to successfully defeat our opposition in court and get the implementation of Oregon’s Domestic Partnership Law back on track, as we know from past experiences this battle is far from over. Our opposition have two avenues available to them to reverse this win; they can take their legal case to the Ninth Circuit Court of Appeals or they can file initiative petitions to repeal the domestic partnership law AND the non-discrimination law…or they can do both, and that’s what they have vowed to do.

We certainly have a lot to celebrate, but we cannot let our victories foster complacency. Now Oregon is a fairer and more equal state, but we Oregonians know how quickly the weather can change.

We must remain vigilant and protect our new laws, and to do that, we need YOUR help! To get involved, call us at 503/222.6151 or visit www.basicrights.org for more details. Your time and efforts are invaluable, whether it be phone-banking, doing office work, hosting a house party, or simply making a contribution.

Remember, we’ve done our work to make domestic partnerships and statewide-anti discrimination a reality. Now let’s do our work to keep them that way!

The Registration Process (Back to top)

The first day you can register your Domestic Partnership is February 4, 2008. Oregon’s Domestic Partnership registry is managed in each county by the County Clerk’s office. This office is located in the county seat, and this is where you and your partner can file the necessary paperwork to become domestic partners. In order to register your Domestic Partnership, you will need:

A Driver’s License or other state-issued ID with your photo, date of birth, physical description, and signature. For more information, go to: click here for a complete list of Notaries Public in Oregon ,
Bring the notarized form back to the clerk’s office and pay your cash fee. You may need to show your ID again as proof of age.
The clerk will then sign your Declaration of Domestic Partnership form, making it legally valid, and voila, you and your partner are domestically partnered!
You will then receive a decorative, commemorative Certificate of Registered Domestic Partnership either in person or in the mail. This is NOT a legal document.
We recommend that couples purchase a certified copy of their Declaration of Domestic Partnership from their county clerk (the fees vary from county to county but typically are less than $10). The certified copy will assist you with benefits claims and name change.

A Note on Name Changes: To modify your surname(s), obtain a certified copy of the Declaration of Domestic Partnership from your county clerk. This copy is usually sent by mail. Then, take your certified copy to the Department of Motor Vehicles to change your Oregon Driver’s License. The certified copy of your Declaration of Domestic Partnership is a legal document.

Frequently Asked Questions (Back to top)

If my partner and I have participated in a local Domestic Partnership registry (Portland/Multnomah County, Eugene or Ashland), must we re-register?

YES – couples participating in a local Domestic Partnership registry should plan to re-register under the new Domestic Partnership law , provided they wish to assume more expansive legal rights and responsibilities. The existing local registries are symbolic in nature and confer no legal rights, whereas the Oregon Family Fairness Act significantly changes the legal status of Domestic Partners, giving them all of the rights and responsibilities currently available to married couples.

If my partner and I entered into a Domestic Partnership ( as is available in California) or a Civil Union ( as is available in Vermont), can we get an Oregon Domestic Partnership?

YES—a couple who entered into a civil union or domestic partnership in another state can and should file a Declaration of Domestic Partnership under Oregon law.

My partner and I were married in Massachusetts, Canada or another country. Would we need to dissolve our previous marriage in order to file a Domestic Partnership in Oregon?

NO—a couple who married in Massachusetts, Canada, or another country does not have to dissolve their previous marriage. They can and should file a Declaration of Domestic Partnership under Oregon law.

If my Domestic Partner and I travel or move to another state that recognizes same-sex relationships, will our Oregon Domestic Partnership be valid there?

PROBABLY NOT. A prudent legal approach would be to assume that another state would not recognize an Oregon Domestic Partnership. An emergency situation like the illness or injury of a partner or child would be a bad time to try to sort out the legal complexities of interstate law. Couples in this situation are strongly encouraged to consult an attorney.

Will Oregon recognize Domestic Partnerships or Civil Unions of other states?

Legal opinions vary on whether the Family Fairness Act authorizes Oregon to recognize the rights and responsibilities conferred on same-sex couples by other jurisdictions. While Oregon is prohibited from recognizing same-sex marriages due to Constitutional Amendment 36, the state MAY be able to extend the rights and responsibilities of an Oregon Domestic Partnership to a same-sex couple who obtained legal recognition in another state via Domestic Partnership or Civil Union. The language of HB 2007 does not explicitly address this situation; the safest route for a couple seeking a legally-recognized relationship in this state would be to register for an Oregon Domestic Partnership.

Will my employer be required to start providing health care to my partner, like they do for married spouses?

HB 2007 provides no clear answer. A 1998 court case required public (government agency) employers to extend health care benefits to same-sex partners. It is unclear whether private employers are obligated to extend health benefits to same-sex domestic partners. Although we believe there are strong legal arguments that would support such an obligation, some private employers may deny health benefits asserting the denial is permitted under federal law. This question likely will be resolved by the courts.

For now, you can check the language in your employer’s policy and health plan documents to determine if the policy or plan already extends benefits to opposite-sex domestic partners. Ask your company benefits administrator whether, given the new laws, the company intends to provide same-sex partner benefits as of February 4, 2008.

Click to see your County Clerk information

download the Domestic Partnership Resource Guide PDF.