How to File for a Domestic Partnership in New York

A guide to applying for and making the most of your domestic partnership in New York

A domestic partnership is a legally recognized relationship between two people. Filing for a domestic partnership has a number of benefits. Aside from confirming the status of the relationship, domestic partners are also entitled to many of the same benefits of a married couple, including health insurance.[1] In the state of New York, domestic partnerships are legal for same and opposite sex couples. Filing for a domestic partnership is a relatively straightforward application process.

Things You Should Know

  • Start your application process by completing an affidavit. You can find this form online, or pick up a hard copy at your county or city clerk's office.
  • Go to the clerk's office with your partner to submit the application. Make sure to have your ID on hand, as well as a credit card or money order to pay the fee.
  • Sign the application at the clerk's office and get it notarized there to receive a certificate of your domestic partnership.
Part 1
Part 1 of 2:

Application Process

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    Confirm that you and your partner meet the requirements to file. It is not possible for any two people to file for a domestic partnership in New York without meeting certain basic requirements:[2]
    • Both you and your partner need to be 18 years of age.
    • You and your partner cannot be blood related.
    • You and your partner cannot be legally married or in another domestic partnership.
    • You and your partner must be in a close and committed personal relationship.
    • You and your partner must live together, and have been living together on a continuous basis (typically 6 months).
    • You and your partner cannot have been in another domestic partnership within the last 6 months.
    • Did You Know? In most cities and counties, both you and your partner need to be residents of the country/city in which you are applying for domestic partnership. However, in New York City, Rockland County and Suffolk County, one partner may be an employee of the city/county at the time of registration instead of being a resident. Also, in Albany, Ithaca, and Rochester you do not have to be residents to file.[3]
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    Begin the application process with an affidavit. You will first need to complete an affidavit, which is a written report that promises the information contained is true and can be used in court.[4] In New York City this can be done online at the city clerk's office.[5] In other locations, the form is available for download online and can then be sent in by mail.[6] Alternatively, hard copies can be picked up at the city/county clerk's office.
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    Appear in person at the clerk's office with your application, ID and fee. In New York City and other cities/counties, you will need to bring a credit card or check or money order made payable to the clerk's office. Both you and your partner need to be in attendance. If you have submitted your affidavit online in New York City, you will not need to bring a hard copy. Be sure to bring valid ID.[7]
    • Most counties in the state of New York charge an application fee of $35.00.[8] [9] In others, including Suffolk County, the fee is $20.00.[10] In the City of Rochester the fee is $50.00.[11]
    • Valid forms of ID include a valid driver license or non-driver identification card, original birth certificate, passport, official school record, United States permanent resident card, your employee identification card or your your IDNYC.[12]
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    Sign the application. This is the final step of the application process. You and your partner must sign the application and have it notarized. Conveniently, Clerk Offices provide free notary services on site.
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    Claim your certificate of domestic partnership. After you and your partner have completed the application process, you will receive a certificate of domestic partnership.
    • Additional copies of the certificate can be purchased for a fee, which ranges from $9.00 to $15.00.
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Part 2
Part 2 of 2:

Understanding Your New Benefits

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    Review you and your partner's new rights. As domestic partners, you and your partner are now entitled to a number of rights and benefits. These are similar to those afforded to a married couple.[13]
    • Domestic partners are allowed time off for bereavement and child care responsibilities.
    • In New York City, domestic partners are allowed to visit each other in New York City operated hospitals, correctional, and detention facilities.
    • A domestic partner can be added to a housing rental agreement as a family member.
    • Domestic partners are eligible for health care benefits provided by many cities in New York, including New York City, Albany, Rochester and more.
    • Domestic partners of New York City firefighters, police officers, uniformed correctional officers and other city workers killed while on duty have the right to a monetary award from the city.
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    Research other benefits that may be available to you and your partner. Your new certificate is proof of your registered civil union and can be used to apply for domestic partnership benefits.[14] These may include:
    • Health dental and vision insurance.
    • Sick and bereavement leave.
    • Accident and life insurance.
    • Death benefits.
    • Parental leave.
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    Prepare the documents you will need for benefits. In most cases, you will simply need the certificate that was issued by the clerk's office. Legally, you should not be required to complete any other documentation proving that you are in a domestic partnership.[15]
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Warnings

  • Legally married couples are entitled to more rights and benefits under New York State law than domestic partners. This includes child custody (visitation is not awarded to the partner who is not a biological parent) and property rights (division of property laws that are applicable to married couples do not apply in civil unions).
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References

  1. ↑ http://www.nolo.com/legal-encyclopedia/domestic-partnership-benefits-29916.html
  2. ↑ http://www.cityclerk.nyc.gov/html/marriage/domestic_partnership_reg.shtml
  3. ↑ http://www.unmarried.org/legal-information-resources-by-state/
  4. ↑ http://www.merriam-webster.com/dictionary/affidavit
  5. ↑ https://www1.nyc.gov/cityclerkformsonline/
  6. ↑ http://www.westchesterclerk.com/images/stories/pdf/Legal/dompartaffofdompartreg.pdf
  7. ↑ http://www.cityclerk.nyc.gov/html/marriage/domestic_partnership_reg.shtml
  8. ↑ http://ecode360.com/7683453
  9. ↑ http://www.westchesterclerk.com/index.php?option=com_content&view=article&id=17&Itemid=212
  1. ↑ http://ecode360.com/14945167
  2. ↑ http://www.cityofrochester.gov/article.aspx?id=8589937602
  3. ↑ http://www.cityclerk.nyc.gov/html/marriage/domestic_partnership_reg.shtml#ident
  4. ↑ http://www.cityclerk.nyc.gov/html/marriage/domestic_partnership_reg.shtml
  5. ↑ http://www.nolo.com/legal-encyclopedia/domestic-partnership-benefits-29916.html
  6. ↑ http://www.hrc.org/resources/entry/domestic-partner-benefit-eligibility-defining-domestic-partners-and-depende

About This Article

Clinton M. Sandvick, JD, PhD
Co-authored by:
Clinton M. Sandvick, JD, PhD
Doctor of Law, University of Wisconsin-Madison
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 177,295 times.
42 votes - 91%
Co-authors: 13
Updated: March 14, 2023
Views: 177,295
Categories: Family Law
Article SummaryX

A domestic partnership entitles you to many of the same benefits of a married couple, including health insurance. To file for a domestic partnership in New York, you’ll need to complete an affidavit, which you can find online at the city clerk’s office website. Then, you and your partner will need to bring the application and your IDs to the clerk’s office. There, you’ll sign the application, get it notarized, and pay a small fee, typically 50 dollars or less. To learn how to make the most of your domestic partnership benefits, read more from our Legal co-author!

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