2021 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 701: GENERAL PROVISIONS
22 §2710. Domestic partner registry

§2710. Domestic partner registry

1.  Registry.  The Office of Data, Research and Vital Statistics within the department, referred to in this section as "the registry," shall establish a domestic partner registry.  

[PL 2009, c. 601, §15 (AMD).]

2.  Registered domestic partners; eligibility.  Domestic partners may become registered domestic partners if:  

A. At the time when a declaration under subsection 3 is filed, each domestic partner is a mentally competent adult and not impaired or related in a fashion that would prohibit marriage under Title 19-A, section 701, subsection 2, 3 or 4;   [PL 2003, c. 672, §17 (NEW).]

B. The domestic partners have been legally domiciled together in this State for at least 12 months preceding the filing;   [PL 2003, c. 672, §17 (NEW).]

C. Neither domestic partner is married or in a registered domestic partnership with another person; and   [PL 2003, c. 672, §17 (NEW).]

D. Each domestic partner is the sole domestic partner of the other and expects to remain so.   [PL 2003, c. 672, §17 (NEW).]

As used in this section, "domestic partners" means 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare.  

[PL 2003, c. 672, §17 (NEW).]

3.  Registration.  To become registered domestic partners, domestic partners must jointly file with the registry a declaration under oath of domestic partnership together with the required filing fee. The registry shall file the declaration in the domestic partner registry established pursuant to subsection 1 and return 2 copies of the declaration to the domestic partners at the address provided as their common residence. The registry must charge a fee for registration that is adequate to pay the projected costs for managing the registry.  

[PL 2003, c. 672, §17 (NEW).]

4.  Termination.  A registered domestic partnership is terminated by the marriage of either registered domestic partner or by the filing with the registry of:  

A. A notice under oath signed by both registered domestic partners before a notary that the registered domestic partners consent to the termination; or   [PL 2003, c. 672, §17 (NEW).]

B. A notice under oath from either registered domestic partner that the other registered domestic partner was served in hand with a notice of intent to terminate the partnership. If service in hand is not feasible, then substitute service may be accomplished in the same fashion as provided by the Maine Rules of Civil Procedure for commencement of a civil action. Termination under this paragraph is not effective until 60 days after service is complete.   [PL 2003, c. 672, §17 (NEW).]

[PL 2003, c. 672, §17 (NEW).]

5.  Indemnity.  If a 3rd party in reliance on the existence of a registered domestic partnership suffers loss because of a failure to receive adequate notice of termination under subsection 4, each registered domestic partner responsible for the failure to give notice is liable to pay the loss.  

[PL 2003, c. 672, §17 (NEW).]

6.  Forms.  The registry shall develop standard forms for the declaration and termination of registered domestic partnerships.  

A. The declaration must adequately identify each individual signing the form by name, including former names, residence and date and place of birth.   [PL 2003, c. 672, §17 (NEW).]

B. The declaration must contain an assertion under oath that each individual meets the requirements of subsection 2 at the time the declaration is filed.   [PL 2003, c. 672, §17 (NEW).]

C. The declaration must contain a warning that registration may affect property and inheritance rights, that registration is not a substitute for a will, a deed or a partnership agreement and that any rights conferred by registration may be completely superseded by a will, a deed or other instruments that may be executed by either party. The declaration must also contain instructions on how the partnership may be terminated.   [PL 2003, c. 672, §17 (NEW).]

[PL 2003, c. 672, §17 (NEW).]

SECTION HISTORY

PL 2003, c. 672, §17 (NEW). PL 2009, c. 601, §15 (AMD).