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New Jersey Emerging Registration Issues

New Jersey Emerging Registration Issues. Presented by Joseph A. Komosinski, State Registrar. Domestic Partnership Act. Act Implemented July 2004 More requirements than marriage Less rights and obligations Open to same sex couples 18 yrs or older OR opposites sex couple 62 yrs of age or older

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New Jersey Emerging Registration Issues

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  1. New Jersey Emerging Registration Issues Presented by Joseph A. Komosinski, State Registrar

  2. Domestic Partnership Act • Act Implemented July 2004 • More requirements than marriage • Less rights and obligations • Open to same sex couples 18 yrs or older OR opposites sex couple 62 yrs of age or older • Proof of joint financial responsibility • Proof of joint residency • Oath to be in a committed monogamous caring relationship

  3. Civil Union Act • Act implemented Feb 2007 • Amended the DP Act • Established equal but separate union for same sex couples • Afforded same sex couples all rights and obligations of married couples • Established Domestic Status • Established the Civil Union Review Commission

  4. Distinctions • Domestic Partnership • Same or opposite sex couples 62 < • Termination of DP through the courts • Civil Union • Same Sex couples 18 < • Dissolution of Civil Union • Marriage • Opposite Sex couples 18 < • Divorce

  5. Domestic Status • Marital Status replaced by DS • Single/never married, married, married but separated, widowed, divorced • Civil Union Partner, Civil Union Dissolved, Civil Union (Deceased) • Domestic Partner, Former Domestic Partnership, Domestic Partnership Terminated, Domestic Partner (Deceased) • Unknown • Surviving Spouse, Civil Union Partner, Domestic Partner • Additional categories-Marriage, Civil Union, DP

  6. Performance of “Duty” • Local Registrars required by law to accept registration of M, CU, DP • Mayor’s, Public officials performing ceremonies determine to oversee all ceremonies or no ceremonies • Religious entities have choice to perform or not perform any ceremony

  7. State – Federal Agencies • Bride’s assumption of groom’ surname following marriage • Married couples • Civil Union Couples • Married couples • Domestic Parntership Couples • Hyphenated, Not Hyphenated, Legal Name Change

  8. Birth of a child • By NJ law any child born during the course of a marriage is considered a product of the marriage • With the passage of the CU Act this right is afforded to CU partners.? • Female – Female • Male – Male • DP excluded • Non-Discrimination – requirement of proof

  9. Civil Union Review Commission • Established to review the categorization and impact of Civil Union vs. Marriage for same sex couples and 7 specific areas of concern related to financial, social and other impacts • Study and determine if the DP Act should be repealed • Make recommendation of retaining Civil Union or moving to Marriage Equality

  10. “Future” Concerns • Children of Same Sex couples • Further revisions to forms • Name of Parent (if female/male – list female parent first)??

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