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domestic.md

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Domestic Partnership

SECTION 1. The State shall allow two persons to enter into a domestic partnership, given the following qualifications:

  • Both persons are of eighteen years or more.

  • Neither person is already within the terms of a domestic contract or marriage within this State or other jurisdiction.

SECTION 2. EQUALITY. The State shall not restrict the rights of two persons to enter into domestic partnership, in accordance with the Equality Clause, notwithstanding the restrictions above.

SECTION 3. RIGHTS. The domestic contract shall enumerate the rights of each party within the partnership. In particular, the domestic contract shall enumerate:

  • Rights and access to property held by the respective parties at the time of execution.

  • Ability to file documentation on income jointly.

  • Right to receive benefits entitled to married couples, domestic partners or families.

  • Right to inherit the property of the partner upon the death of the partner.

  • Right to sue for the wrongful death or loss of consortium of the partner.

  • Right to receive benefits due to the partner.

SECTION 4. RESPONSIBILITIES.

SECTION 5. DISSOLUTION. The domestic contract shall enumerate the terms by which either party can seek to dissolve the contract. The parties may elect to prohibit dissolution of the contract except by breach.

SECTION 6. BREACH. The domestic contract shall enumerate the conduct constituting breach of contract.

SECTION 7. INCORPORATION. The domestic partnership shall be written as a document, and shall be signed by the respective parties in front of two witnesses, who shall also sign the document, and the document shall be notarized by an authorized agent of the state.

SECTION 8. EXECUTION. The parties shall submit the signed document to the Clerk of Court of the parish of record. Upon submission, the partnership shall be in effect. The Clerk of Court shall submit both a printed copy and an electronic copy of the document to the state for archiving.

SECTION 8. ADJUDICATION. Each parish shall create a court for the adjudication of domestic partnerships recorded in the parish. These courts shall have jurisdiction for suits of breach.

SECTION 9. EQUIVALENCE OF MARRIAGE. A domestic partnership shall be considered a marriage for the purposes of law in jurisdictions beyond this state.