TN 6 (01-10)

PR 02707.031 Nevada

A. PR 10-045 Nevada Domestic Partner Legislation Effective October 1, 2009

DATE: December 28, 2009

1. SYLLABUS

A Certificate of Registered Domestic Partnership, entered in the State of Nevada, is not proof of a legal name change.

2. OPINION

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.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1502707031
PR 02707.031 - Nevada - 10/20/2011
Batch run: 10/20/2011
Rev:10/20/2011