On October 1, 2009, the Nevada Secretary of State issued a Certificate of Registered
                  Domestic Partnership to Kaylynn S. P~ and Jennifer R. C~. You asked whether this Certificate
                  is valid. You also asked for information about the Nevada Domestic Partnership Act
                  and how it might affect benefits under the Social Security Act.
               
               SHORT ANSWER 
               The Certificate of Registered Domestic Partnership that you submitted appears to be
                  a valid document reflecting a legally registered domestic partnership (not a legal
                  marriage) between Kaylynn S. P~ and Jennifer R. C~. The Certificate does not appear
                  to reflect a legal name change.
               
               The Nevada Domestic Partnership Act should have no effect on spouses’ benefits or
                  deceased spouses’ benefits under the Social Security Act. However, a valid, registered
                  domestic partnership may impact determinations about whether and upon whom children
                  are dependant, and determinations about claimants’ assets.
               
                ANALYSIS
               The Nevada Domestic Partnership Act (NDP Act) took effect on October 1, 2009. The
                  NDP Act added a new chapter (Ch. 393) to the provisions of the Nevada Revised Statutes
                  (NRS) pertaining to domestic relations (Title 11). NDP Act, Tit. 11, ch. 393 (2009)
                  (to be codified at Nev. Rev. Stat. § 393.__), available at http://leg.state.nv.us/75th2009/Bills/SB/SB283_EN.pdf
               
               The NDP Act establishes the “domestic partnership as a new type of civil contract
                  recognized in the State of Nevada,” giving registered domestic partners many of “the
                  same rights, protections, benefits, responsibilities, obligations and duties as do
                  parties to any other civil contract created pursuant to title 11 of NRS.” Id. The NDP Act does not require public or private employers in Nevada to provide health
                  care benefits to the registered domestic partners of employees.  Id. § 8. It specifies that “a domestic partnership is not a marriage” under the Nevada
                  Constitution.  Id. § 11. Under the Nevada Constitution, “[o]nly a marriage between a male and female
                  person shall be recognized and given effect.” Nev. Const. Art. I, § 21.
               
               Although a registered domestic partnership is not recognized as a marriage, the NDP
                  Act does not limit the ability to register a domestic partnership to only same-sex
                  couples. All “persons sharing a common residence,” who are at least 18 years old and
                  not related by blood, who are competent to consent to the partnership, and who are
                  neither married nor a member of another domestic partnership, are eligible to register
                  for a domestic partnership in Nevada. NDP Act, § 6.
               
               In order to register, a couple who wishes to form a legal, domestic partnership must
                  complete a form entitled “Declaration of Domestic Partnership,” in which they declare
                  that they meet the eligibility requirements outlined above, and of their own free
                  will, they “have chosen to share one another’s lives in an intimate and committed
                  relationship of mutual caring.” Id. Both parties must sign the declaration before a Notary Public, pay a filing fee,
                  and deliver it to the Nevada Secretary of State. Nev. Sec’y of State, Information
                  on Domestic Partnership Filings, http://nvsos.gov (last visited December 28, 2009). If the couple satisfies the requirements, the Nevada
                  Secretary of State’s Office issues a Certificate of Registered Domestic Partnership. Id. 
               Registered domestic partners who submitted their paperwork in advance were able to
                  obtain a Certificate of Registered Domestic Partnership on October 1, 2009, the date
                  the law became effective. Id. Thus, the Certificate of Registered Domestic Partnership issued to Ms. P~ and Ms.
                  C~ on October 1, 2009, appears to be valid. We now discuss the rights and obligations
                  conferred by this certificate.
               
               First, if the parties wish to terminate their registered domestic partnership, they
                  must comply with the procedures set forth in NRS, chapter 125, pertaining to the dissolution
                  of marriage. Nev. Rev. Stat. Ann. §§ 125.005-125.560 (West 2009). However, the parties
                  may expedite the termination if they have been registered for less than 5 years and
                  meet all of the following conditions: the partners have no minor children for which
                  they have not executed a custody agreement; no female partner is pregnant; the partners
                  have no jointly held property for which they have not executed a disposition agreement;
                  both partners have waived their right to future support; and both partners have waived
                  their right to terminate the partnership under NRS, chapter 125. Nev. Sec’y of State,
                  Domestic Partnership - Frequently Asked Questions (FAQ), http://nvsos.gov (last visited December 28, 2009).
               
               For the purposes of Nevada law, the rights and responsibilities conferred by the NDP
                  Act upon current domestic partners, former domestic partners, and the surviving partners
                  of deceased domestic partners are the same as those granted and imposed upon spouses,
                  former spouses, and surviving spouses. The NDP Act sets forth the following specific
                  rights and obligations:
               
               The rights and obligations with respect to a child of either domestic partner shall
                  be the same as those afforded and imposed upon spouses. The rights and obligations
                  pertaining to community property; third-party debts; financial support following dissolution
                  of the partnership; and other rights and duties as between the partners concerning
                  ownership of property shall be the same as those afforded and imposed upon spouses,
                  commencing on the date of the registration of the partnership.
               
               Domestic partners have the same right to nondiscriminatory treatment as that provided
                  to spouses.
               
               Nevada public agencies shall not discriminate against any person or couple on the
                  basis or ground that he or she is in a domestic partnership rather than a marriage.
               
               NDP Act, § 7. The NDP Act also specifies that, to the extent that any provision of
                  Nevada law adopts, refers to, or relies upon a provision of federal law that otherwise
                  would cause domestic partners to be treated differently from spouses, the provision
                  must be construed as recognizing a domestic partnership in the same manner as Nevada
                  law. Id. 
               The NDP Act contains no requirement that one or both domestic partners change his/her
                  name when entering into a registered domestic partnership. Nev. Sec’y of State, FAQ.
                  The Secretary of State’s guidance instructs that, if one or both registered domestic
                  partners subsequently pursue a legal name change, they may obtain a new Certificate
                  of Registered Domestic Partnership depicting the legally-changed name(s) by filing
                  a name change amendment and submitting a copy of the legal proof of name change (e.g.,
                  court order). Id.; see also Domestic Partnership Certificate Reorder and Amendment Form, available at http://nvsos.gov. The Secretary of State recognizes that “it is not within the Office’s jurisdiction
                  to determine or require federal agencies to process a name change based on the Domestic
                  Partnership certificate.” Id. 
               Because the NDP Act has been in effect for almost three months, we could find no cases
                  discussing its various provisions. We anticipate that these provisions will eventually
                  be tested in Nevada courts. Therefore, any specific questions pertaining to child
                  relationships or assets, where a Nevada registered domestic partnership is implicated,
                  should be referred for a legal opinion.