2007 Oregon Code - Chapter 106 :: TITLE 11
TITLE 11
DOMESTIC
RELATIONS
Chapter 106. Marriage; Domestic Partnership
107. Marital Dissolution, Annulment and
Separation; Mediation and Conciliation Services; Family Abuse Prevention
108. Husband and Wife Relationship; Property
Rights; Premarital Agreements
109. Parent and Child Rights and Relationships
110. Uniform Interstate Family Support Act
_______________
Chapter 106
Marriage; Domestic Partnership
2007 EDITION
MARRIAGE; DOMESTIC PARTNERSHIP
DOMESTIC RELATIONS
MARRIAGE
106.010 Marriage
as civil contract; age of parties
106.020 Prohibited
and void marriages
106.030 Voidable
marriages
106.041 Marriage
license; application; record
106.045 Fee
for marriage license; purpose
106.050 Proof
of age; when affidavit required
106.060 Consent
of parent or guardian if applicant under 18
106.077 Issuance
of marriage license; waiting period; exception
106.081 Fetal
alcohol syndrome pamphlets
106.100 County
clerks records
106.110 Unlawful
issuance of marriage license prohibited
106.120 Who
may solemnize marriage; fee; personal payment; records
106.130 Validity
of marriage solemnized by unauthorized person
106.140 Solemnizing
marriage unlawfully or without authority
106.150 Form
of solemnization; witnesses; solemnization before congregation
106.160 Delivery
of commemorative marriage certificate
106.165 Form
of commemorative marriage certificate; preparation; rules
106.170 Report
of marriage to county clerk
106.190 Legitimacy
of issue of certain imperfect marriages
106.220 Surname
upon entering into marriage
106.990 Penalties
DOMESTIC PARTNERSHIP
(Provisions relating to domestic partnerships
are compiled as notes following ORS 106.990)
MARRIAGE
106.010
Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least
17 years of age and females at least 17 years of age, who are otherwise
capable, and solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 §1;
1975 c.583 §1]
106.020
Prohibited and void marriages.
The following marriages are prohibited; and, if solemnized within this state,
are absolutely void:
(1) When either party thereto had a wife
or husband living at the time of such marriage.
(2) When the parties thereto are first
cousins or any nearer of kin to each other, whether of the whole or half blood,
whether by blood or adoption, computing by the rules of the civil law, except
that when the parties are first cousins by adoption only, the marriage is not
prohibited or void. [Amended by 1989 c.647 §1]
106.030
Voidable marriages. When
either party to a marriage is incapable of making such contract or consenting
thereto for want of legal age or sufficient understanding, or when the consent
of either party is obtained by force or fraud, such marriage shall be void from
the time it is so declared by judgment of a court having jurisdiction thereof. [Amended
by 2003 c.576 §372]
106.040 [Repealed by 1953 c.143 §9]
106.041
Marriage license; application; record. (1) All persons wishing to enter into a marriage contract shall obtain
a marriage license from the county clerk upon application, directed to any
person or religious organization or congregation authorized by ORS 106.120 to
solemnize marriages, and authorizing the person, organization or congregation
to join together as husband and wife the persons named in the license.
(2) The State Registrar of the Center for
Health Statistics shall provide a standard form of the application, license and
record of marriage to be used in this state that must include:
(a) Each applicants Social Security
number recorded on a confidential portion of the application, license and
record of marriage;
(b) Certain statistical data regarding
age, place of birth, sex, occupation, residence and previous marital status of
each applicant;
(c) The name and address of the affiant
under ORS 106.050, if required; and
(d) Each applicants name after marriage
as provided in ORS 106.220.
(3) Each applicant for a marriage license
shall file with the county clerk from whom the marriage license is sought a
written application for the license on forms prescribed for this purpose by the
Center for Health Statistics.
(4) A marriage license must contain the
following statement: Neither you nor your spouse is the property of the other.
The laws of the State of
(5) An applicant may not intentionally
make a material false statement in the records required by this section.
(6) The county clerk may not issue a
marriage license until the provisions of this section and ORS 106.050 and
106.060 are complied with. [1953 c.143 §2; 1981 c.152 §1; 1993 c.324 §1; 1995
c.555 §4; 1999 c.80 §67; 2007 c.703 §1]
106.043 [1953 c.143 §2; 1971 c.282 §1; repealed by
1981 c.152 §6]
106.045
Fee for marriage license; purpose. (1) In addition to any other fees provided by law, the county clerk
shall collect a fee of $25 upon the application for a marriage license.
(2) The county clerk shall regularly pay
over to the Director of Human Services all moneys collected under subsection
(1) of this section to be credited to the Domestic Violence Fund pursuant to
ORS 409.300. [1981 c.357 §1; 1983 c.480 §6; 1987 c.740 §1]
Note: 106.045 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 106 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
106.050
Proof of age; when affidavit required. (1) The county clerk may accept any reasonable proof of the applicants
age satisfactory to the clerk. The clerk may require proof of age by affidavit
of some person other than either of the parties seeking the license if the
clerk deems it necessary in order to determine the age of an applicant to the
clerks satisfaction.
(2) If an applicant for a marriage license
is less than 18 years of age, the applicant must file with the county clerk an
affidavit of some person other than either of the parties seeking the license
showing the facts other than age necessary to be shown under ORS 106.060 in the
particular case, except the consent of the parent or guardian required by ORS
106.060 shall not be part of the affidavit. The affidavit is sufficient
authority to the clerk, so far as the facts stated therein, for issuing the
license. [Amended by 1965 c.467 §1; 1969 c.242 §1; 1987 c.340 §1]
106.060
Consent of parent or guardian if applicant under 18. A marriage license shall not be issued
without the written consent of the parent or guardian, if any, of an applicant
who is less than 18 years of age, nor in any case unless the parties are each
of an age, as provided in ORS 106.010, capable of contracting marriage. If
either party under 18 years of age has no parent or guardian resident within
this state and either party has resided within the county in which application
is made for the six months immediately preceding the application, the license
may issue, if otherwise proper, without the consent of the nonresident parent
or guardian. [Amended by 1965 c.467 §2; 1969 c.242 §2; 1973 c.827 §12; 1975
c.583 §2; 1987 c.340 §2]
106.070 [Repealed by 1953 c.143 §9]
106.071 [1953 c.143 §4(1),(2),(3),(4),(5),(6); 1959
c.377 §1; 1971 c.282 §2; 1977 c.582 §4; 1979 c.731 §3; repealed by 1981 c.152 §6]
106.074 [1953 c.143 §4(7); 1971 c.282 §3; repealed
by 1981 c.152 §6]
106.075 [Repealed by 1953 c.143 §9]
106.077
Issuance of marriage license; waiting period; exception. (1) When the county clerk has received the
written application for the marriage license from both applicants, and all
other legal requirements for issuance of the marriage license have been met,
the county clerk shall issue a marriage license which shall become effective
three days after the date on which the application was signed by the
applicants. The county clerk shall indicate on the license the date on which
the license becomes effective. A license shall be valid for 60 days after the
effective date.
(2) For good and sufficient cause shown, a
written order waiving the three-day waiting period provided in subsection (1)
of this section may be signed by:
(a) A judge of probate of the county;
(b) A circuit court judge of the county in
which the circuit court judge is not the judge of probate if the jurisdiction
of the circuit court has been extended to cover this section pursuant to ORS
3.275;
(c) A judge of a county court of the
county in which the judge of the county court is not the judge of probate if
the circuit court judge does not reside therein; or
(d) The county clerk or official
responsible for issuing the marriage license. [1953 c.143 §4(8); 1957 c.592 §1;
1963 c.429 §1; 1967 c.534 §13; 1971 c.456 §1; 1979 c.724 §2; 1981 c.152 §2;
1983 c.156 §1; 1989 c.508 §1]
106.079 [1953 c.143 §4(9); 1981 c.152 §3; repealed
by 2007 c.703 §11]
106.080 [Amended by 1953 c.143 §9; repealed by 1971
c.282 §4]
106.081
Fetal alcohol syndrome pamphlets. When the county clerk issues a marriage license, the county clerk
shall also give to the licensees a pamphlet describing the medical condition
known as fetal alcohol syndrome, its causes and its effects. The pamphlet shall
be provided to the counties by the Department of Human Services under ORS
431.825 for distribution under this section. [1987 c.340 §3]
Note: 106.081 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 106 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
106.090 [Repealed by 1981 c.152 §6]
106.100
County clerks records. (1)
The county clerk who issues the marriage license shall maintain records
relating to marriages licensed in the county. The records must include the
names of the parties, the consent of the parent or guardian, if any, the name
of the affiant, the substance of the affidavit upon which the license issued
and the date of the license.
(2) Upon return of the completed
application, license and record of marriage under ORS 106.170, the county clerk
shall add the date of the marriage ceremony to the clerks records maintained
under subsection (1) of this section and file the completed application,
license and record of marriage. Except as provided in ORS 205.320, the county
clerk may not charge a fee for filing, recording or indexing the application,
license and record of marriage.
(3) The county clerk shall, upon
completion of the requirements of this section and ORS 106.077, deliver the
original completed application, license and record of marriage to the Center
for Health Statistics as required under ORS 432.405.
(4) Notwithstanding any other provision of
law, the record of marriage maintained by a county clerk is not a vital record
as defined in ORS 432.005 and is a public record open and subject to full
disclosure. [Amended by 2007 c.703 §2]
106.110
Unlawful issuance of marriage license prohibited. No county clerk shall issue a license
contrary to the provisions of ORS 106.041 to 106.077 or 106.100.
106.120
Who may solemnize marriage; fee; personal payment; records. (1) As used in this section, judicial
officer means:
(a) A judicial officer of this state as
that term is defined in ORS 1.210 and includes but is not limited to a judge of
a municipal court and a justice of the peace.
(b) An active judge of a federal court.
(c) An active
(2) Marriages may be solemnized by:
(a) A judicial officer;
(b) A county clerk;
(c) Religious congregations or
organizations as indicated in ORS 106.150 (2); or
(d) A clergyperson of any religious
congregation or organization who is authorized by the congregation or
organization to solemnize marriages.
(3) A person authorized to solemnize
marriages under subsection (2) of this section may solemnize a marriage
anywhere in this state.
(4)(a) When a marriage is solemnized by a
tax, appellate or circuit judge of this state, the clerk of the court or the
county clerk shall collect a fee of $25 and deposit the fee in the Judicial
Department Operating Account established in ORS 1.009.
(b) When a marriage is solemnized by a
county clerk, the county clerk shall collect a fee of $25, as provided in ORS
205.320.
(c) The fee described in this subsection
may be collected only if:
(A) The marriage is solemnized during
normal working hours, excluding holidays;
(B) The marriage is solemnized in court
facilities or a county clerks office; or
(C) More than a minimal amount of staff
time or other court or county clerks office resources are used in connection
with the solemnization.
(d) The Chief Justice of the Supreme Court
or the county clerk may establish a written procedure for waiver of the fee
required under this subsection in exigent circumstances, including but not
limited to indigency of the parties to the marriage.
(5) In addition to any fee collected under
subsection (4) of this section, a judicial officer of this state and a county
clerk may charge and accept an agreed upon personal payment not to exceed $100
plus actual costs for the solemnization of a marriage if that solemnization is
performed:
(a) At a place other than the courthouse
where the judicial officer or county clerk serves; or
(b) Outside of the judicial officers or
county clerks normal working hours.
(6) The charging and accepting of a
personal payment by a judicial officer of this state or a county clerk under
subsection (5) of this section does not constitute a violation of any of the
provisions of ORS chapter 244.
(7) The amount of actual costs charged by
a judicial officer of this state or a county clerk under subsection (5) of this
section may not exceed:
(a) Actual expenses for food and lodging
as verified by receipts.
(b) If travel is made by personal vehicle,
the actual number of round-trip miles from the judicial officers or county
clerks home or office, whichever is greater, compensated at the rate of
reimbursement then provided by the State of Oregon to its employees or, if
travel is made by a commercial carrier, reimbursement shall be made of the
actual costs thereof, verified by receipts.
(8) A judicial officer of this state or a county
clerk shall maintain records of the amount of personal payments received for
performing marriages, of actual costs and the supporting documentation related
thereto for a period of four years.
(9) The parties to a marriage solemnized
by a tax, appellate or circuit judge of this state shall show to the judge
proof of payment of the fee required under subsection (4)(a) of this section
before solemnization. Except as provided in subsection (4)(d) of this section,
the judge may not solemnize a marriage without proof of payment of the fee. [Amended
by 1971 c.621 §22; 1975 c.607 §22; 1977 c.518 §2; 1979 c.724 §3; 1979 c.833 §24;
1981 c.176 §1; 1991 c.282 §1; 1991 c.458 §1; 1997 c.424 §1; 1999 c.776 §1; 2001
c.501 §1; 2003 c.565 §1; 2003 c.737 §111]
106.130
Validity of marriage solemnized by unauthorized person. A marriage solemnized before any person
professing to be a judicial officer of this state, a county clerk or a
clergyperson of a religious congregation or organization therein is not void,
nor shall the validity thereof be in any way affected, on account of any want
of power or authority in such person, if such person was acting at the time in
the office or the capacity of a person authorized to solemnize marriage and if
such marriage is consummated with the belief on the part of the persons so
married, or either of them, that they have been lawfully joined in marriage. [Amended
by 1979 c.724 §4; 2001 c.501 §5]
106.140
Solemnizing marriage unlawfully or without authority. No person shall undertake to join others in
marriage knowing that the person is not lawfully authorized so to do. No person
authorized to solemnize marriage shall join persons in marriage contrary to any
of the provisions of ORS 106.010 to 106.060 or 106.100 to 106.190.
106.150
Form of solemnization; witnesses; solemnization before congregation. (1) In the solemnization of a marriage no
particular form is required except that the parties thereto shall assent or
declare in the presence of the clergyperson, county clerk or judicial officer
solemnizing the marriage and in the presence of at least two witnesses, that
they take each other to be husband and wife.
(2) All marriages, to which there are no
legal impediments, solemnized before or in any religious organization or
congregation according to the established ritual or form commonly practiced
therein, are valid. In such case, the person presiding or officiating in the
religious organization or congregation shall deliver to the county clerk who
issued the marriage license the application, license and record of marriage in
accordance with ORS 106.170. [Amended by 1979 c.724 §5; 2001 c.501 §2; 2007
c.703 §3]
106.160
Delivery of commemorative marriage certificate. The county clerk shall give to the parties
to the marriage a commemorative marriage certificate in accordance with ORS
106.165 upon issuing the marriage license. [Amended by 1975 c.277 §4; 2007
c.703 §4]
106.165
Form of commemorative marriage certificate; preparation; rules. (1) The county clerk shall prescribe a
standard form of a commemorative marriage certificate to be issued by the
county clerk and kept by the married couple. The certificate must contain the
names and addresses of the parties and of at least two witnesses, the date and
place of the marriage, the signature of the person who solemnized the marriage,
the date of the marriage license and the name of the county clerk who issued
the license.
(2) The commemorative marriage certificate
must contain the following wording in legible font type: This is a commemorative
certificate. This certificate is not the legal marriage record.
(3) The commemorative marriage certificate
shall be of such size and appearance as to emphasize the importance of the
event. [1975 c.277 §§1,2; 2001 c.501 §6; 2007 c.703 §5]
Note: 106.165 was added to and made a part of ORS
chapter 106 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
106.170
Report of marriage to county clerk. A person solemnizing a marriage shall, within 10 days after the
marriage ceremony, complete the original application, license and record of
marriage form and deliver the form to the county clerk who issued the marriage
license. The person solemnizing the marriage may keep a copy of the
application, license and record of marriage form. [Amended by 1981 c.176 §2;
2001 c.501 §3; 2007 c.703 §7]
106.180 [Amended by 1999 c.776 §2; repealed by 2007
c.703 §11]
106.190
Legitimacy of issue of certain imperfect marriages. (1) The issue of marriages void under ORS
106.020 are legitimate.
(2) All children conceived or born of
parents who married or who may hereafter marry prior to the expiration of six
months from the date of a judgment of divorce or declaring a marriage void
rendered in a suit to which one of the parents was a party or during the period
of an appeal from such a judgment, if the marriage is in all other respects
regular, are legitimate. [Amended by 2003 c.576 §373]
106.200 [Repealed by 1957 c.411 §7]
106.210 [1955 c.694 §1; 1959 c.531 §1; repealed by
2007 c.22 §7]
106.220
Surname upon entering into marriage. (1) Upon entering into marriage, either party may retain the partys
surname prior to the marriage or change the partys surname to the surname of
the other party or to a hyphenated combination of the surnames of both parties.
If a party requests a surname change under this section, that party may also
change the partys middle name to the partys surname prior to the marriage.
Each party must indicate on the application, license and record of marriage the
partys name after marriage.
(2) The name of each party after marriage
as indicated on the application, license and record of marriage shall become
the sole legal name of each party after marriage. If a party indicates a name
change other than as described in subsection (1) of this section, the party
shall request approval of the court pursuant to ORS 33.410. [1975 c.733 §3;
1981 c.775 §7; 2007 c.703 §12]
106.990
Penalties. (1) Violation of
ORS 106.041 (5) is punishable, upon conviction, by a fine of not more than $100
or by imprisonment in the county jail for not more than 30 days, or both.
(2) Violation of ORS 106.110 or 106.140 is
punishable upon conviction by imprisonment in the custody of the Department of
Corrections or county jail for not more than one year, or by a fine of not more
than $500 nor less than $100.
(3) Refusal or neglect to comply with ORS
106.170 shall result in the forfeiture of a penalty of not less than $10 nor
more than $50 to be recovered by action for every five days of such refusal or
neglect. [Amended by 1953 c.143 §9; subsection (1) enacted as 1953 c.143 §5;
1981 c.152 §4; 1987 c.320 §16; 1999 c.776 §3; 2001 c.501 §7; 2007 c.703 §8]
DOMESTIC
PARTNERSHIP
Note: Chapter 99, Oregon Laws 2007, is the subject
of a referendum petition that may be filed with the Secretary of State not
later than September 26, 2007. If the referendum petition is filed with the
required number of signatures of electors, chapter 99, Oregon Laws 2007, will be
submitted to the people for their approval or rejection at the regular general
election held on November 4, 2008. If approved by the people at the general
election, chapter 99, Oregon Laws 2007, takes effect December 4, 2008. If the
referendum petition is not filed with the Secretary of State or does not
contain the required number of signatures of electors, chapter 99, Oregon Laws
2007, takes effect January 1, 2008. Sections 1 to 9, chapter 99, Oregon Laws
2007, provide:
Sec.
1. Short title. Sections 1 to
9 of this 2007 Act may be cited as the Oregon Family Fairness Act. [2007 c.99 §1]
Sec.
2. Legislative findings. The
Legislative Assembly finds that:
(1) Section 20, Article I of the Oregon
Constitution, has always enshrined the principle that all citizens of this
state are to be provided with equal privileges and immunities under the laws of
the State. In addition, as provided in ORS 659A.006, it has long been the
public policy of this state that discrimination against any of the citizens of
this state is a matter of state concern that threatens not only the rights and
privileges of the states inhabitants but menaces the institutions and
foundation of a free democratic state. These fundamental principles are
integral to
(2) The ability to enter into a committed,
long-term relationship with another individual that is recognized not only by
friends and family, but also by the laws of this state, is a significant and
fundamental ability afforded to opposite-sex couples by the marriage laws of
this state. Legal recognition of marriage by the state is the primary and, in a
number of instances, the exclusive source of numerous rights, benefits and
responsibilities available to married individuals under
(3) Many gay and lesbian Oregonians have
formed lasting, committed, caring and faithful relationships with individuals
of the same sex, despite long-standing social and economic discrimination.
These couples live together, participate in their communities together and
often raise children and care for family members together, just as do couples
who are married under
(4) This state has a strong interest in
promoting stable and lasting families, including the families of same-sex
couples and their children. All
(5) Sections 1 to 9 of this 2007 Act are
intended to better align Oregon law with the values embodied in the
Constitution and public policy of this state, and to further the states
interest in the promotion of stable and lasting families, by extending
benefits, protections and responsibilities to committed same-sex partners and
their children that are comparable to those provided to married individuals and
their children by the laws of this state.
(6) The establishment of a domestic
partnership system will provide legal recognition to same-sex relationships,
thereby ensuring more equal treatment of gays and lesbians and their families
under
(7) The Legislative Assembly recognizes
that the Oregon Constitution limits marriage to the union of one man and one
woman. The Legislative Assembly does not seek to alter this definition of
marriage in any way through the Oregon Family Fairness Act and recognizes that
the Legislative Assembly cannot bestow the status of marriage on partners in a
domestic partnership. The Legislative Assembly recognizes that numerous
distinctions will exist between these two legally recognized relationships. The
Legislative Assembly recognizes that the legal recognition of domestic
partnerships under the laws of this state may not be effective beyond the
borders of this state and cannot impact restrictions contained in federal law.
(8) Sections 1 to 9 of this 2007 Act do
not require the performance of any solemnization ceremony to enter into a
binding domestic partnership contract. It is left to the dictates and
conscience of partners entering into a domestic partnership to determine
whether to seek a ceremony or blessing over the domestic partnership and to the
dictates of each religious faith to determine whether to offer or permit a
ceremony or blessing of domestic partnerships. Providing recognition to
same-sex partnerships through a domestic partnership system in no way
interferes with the right of each religious faith to choose freely to whom to
grant the religious status, sacrament or blessing of marriage under the rules
or practices of that faith. [2007 c.99 §2]
Sec.
3. Definitions for sections 1 to 9 of this 2007 Act. As used in sections 1 to 9 of this 2007 Act:
(1) Domestic partnership means a civil
contract entered into in person between two individuals of the same sex who are
at least 18 years of age, who are otherwise capable and at least one of whom is
a resident of Oregon.
(2) Partner means an individual joined
in a domestic partnership. [2007 c.99 §3]
Sec.
4. Prohibited and void domestic partnerships. (1) The following domestic partnerships are prohibited and void:
(a) When either party to the domestic
partnership had a partner, wife or husband living at the time of the domestic
partnership.
(b) When the parties to the domestic
partnership are first cousins or any nearer of kin to each other, whether of
the whole or half blood, whether by blood or adoption, computing by the rules
of the civil law. However, when the parties are first cousins by adoption only,
the domestic partnership is not prohibited or void.
(2) When either party to a domestic
partnership is incapable of making the civil contract or consenting to the
contract for want of legal age or sufficient understanding, or when the consent
of either party is obtained by force or fraud, the domestic partnership is void
from the time it is so declared by a judgment of a court having jurisdiction of
the domestic partnership. [2007 c.99 §4]
Sec.
5. Form of declaration and certificate of domestic partnership. (1) The Department of Human Services shall
prepare forms entitled:
(a) Declaration of Domestic Partnership
meeting the requirements of section 6 of this 2007 Act; and
(b) Certificate of Registered Domestic
Partnership.
(2) The department shall distribute the
forms to each county clerk. The department and each county clerk shall make the
Declaration of Domestic Partnership forms available to the public. [2007 c.99 §5]
Sec.
6. Contents of declaration; filing with county clerk; registry; consent to circuit
court jurisdiction. (1) Two
individuals wishing to become partners in a domestic partnership may complete
and file a Declaration of Domestic Partnership with the county clerk.
(2) In accordance with the requirements of
this section, the county clerk shall register the Declaration of Domestic
Partnership in a domestic partnership registry and return a copy of the
registered form and a Certificate of Registered Domestic Partnership to the
partners in person or at the mailing address provided by the partners.
(3) An individual who has filed a
Declaration of Domestic Partnership may not file a new Declaration of Domestic
Partnership or enter a marriage with someone other than the individuals
registered partner unless a judgment of dissolution or annulment of the most
recent domestic partnership has been entered. This prohibition does not apply
if the previous domestic partnership ended because one of the partners died.
(4) Each person signing a Declaration of
Domestic Partnership consents to the jurisdiction of the circuit courts of
Oregon for the purpose of an action to obtain a judgment of dissolution or
annulment of the domestic partnership, for legal separation of the partners in
the domestic partnership or for any other proceeding related to the partners
rights and obligations, even if one or both partners cease to reside in, or to
maintain a domicile in, this state. Notwithstanding ORS 107.086, a petition for
dissolution or annulment of the domestic partnership, for legal separation of
the partners in the domestic partnership or for any other proceeding related to
the partners rights and obligations may be filed in the county in which either
the petitioner or respondent last resided.
(5) On the Declaration of Domestic
Partnership, each individual who wants to become a partner in a domestic
partnership shall:
(a) State that the individual is at least
18 years of age and is otherwise capable to enter into a domestic partnership
at the time the individual signs the form;
(b) State whether the individual is a
resident of
(c) Provide a mailing address;
(d) State that the individual consents to
the jurisdiction of the circuit courts of Oregon for the purpose of an action
to obtain a judgment of dissolution or annulment of the domestic partnership or
for legal separation of the partners in the domestic partnership, or for any
other proceeding related to the partners rights and obligations, even if one
or both partners cease to reside in, or to maintain a domicile in, this state;
(e) Sign the form with a declaration that
representations made on the form are true, correct and contain no material
omissions of fact to the best knowledge and belief of the individual; and
(f) Have a notary public acknowledge the
individuals signature.
(6) Both partners signatures must be
affixed to one Declaration of Domestic Partnership form. Filing an
intentionally and materially false Declaration of Domestic Partnership is punishable
as a misdemeanor.
(7) The county clerk may accept any
reasonable proof of an individuals age satisfactory to the clerk. The clerk
may require proof of age by affidavit of some individual other than either of
the parties seeking to file the Declaration of Domestic Partnership if the
clerk deems it necessary in order to determine the age of the individual to the
clerks satisfaction.
(8) The county clerk may not register a
Declaration of Domestic Partnership or return a copy of the registered form and
a Certificate of Registered Domestic Partnership to the partners until the
provisions of this section, section 7 of this 2007 Act and all other legal
requirements are complied with.
(9) Notwithstanding ORS 432.121 or any
other provision of law, the registry of domestic partnerships maintained by a
county clerk is a public record and subject to full disclosure. [2007 c.99 §6]
Sec.
7. Registration fee. (1) In
addition to any other fees provided by law, the county clerk shall collect a
fee of $25 for registering a Declaration of Domestic Partnership.
(2) The county clerk shall regularly pay
over to the Director of Human Services all moneys collected under subsection
(1) of this section to be credited to the Domestic Violence Fund pursuant to
ORS 409.300. [2007 c.99 §7]
Sec.
8. Surname upon entering into domestic partnership. Upon entering into a domestic partnership,
either individual may retain the individuals prior surname, and either
individual may resume the individuals prior legal name during the domestic
partnership. [2007 c.99 §8]
Sec.
9. Certain privileges, immunities, rights, benefits and responsibilities
granted or imposed. (1) Any
privilege, immunity, right or benefit granted by statute, administrative or
court rule, policy, common law or any other law to an individual because the
individual is or was married, or because the individual is or was an in-law in
a specified way to another individual, is granted on equivalent terms,
substantive and procedural, to an individual because the individual is or was
in a domestic partnership or because the individual is or was, based on a
domestic partnership, related in a specified way to another individual.
(2) Any responsibility imposed by statute,
administrative or court rule, policy, common law or any other law on an
individual because the individual is or was married, or because the individual
is or was an in-law in a specified way to another individual, is imposed on
equivalent terms, substantive and procedural, on an individual because the individual
is or was in a domestic partnership or because the individual is or was, based
on a domestic partnership, related in a specified way to another individual.
(3) Any privilege, immunity, right,
benefit or responsibility granted or imposed by statute, administrative or
court rule, policy, common law or any other law to or on a spouse with respect
to a child of either of the spouses is granted or imposed on equivalent terms,
substantive and procedural, to or on a partner with respect to a child of either
of the partners.
(4) Any privilege, immunity, right,
benefit or responsibility granted or imposed by statute, administrative or
court rule, policy, common law or any other law to or on a former or surviving
spouse with respect to a child of either of the spouses is granted or imposed
on equivalent terms, substantive and procedural, to or on a former or surviving
partner with respect to a child of either of the partners.
(5) Many of the laws of this state are
intertwined with federal law, and the Legislative Assembly recognizes that it
does not have the jurisdiction to control federal laws or the privileges,
immunities, rights, benefits and responsibilities related to federal laws.
(6) Sections 1 to 9 of this 2007 Act do
not require or permit the extension of any benefit under ORS chapter 238 or
238A, or under any other retirement, deferred compensation or other employee
benefit plan, if the plan administrator reasonably concludes that the extension
of benefits would conflict with a condition for tax qualification of the plan,
or a condition for other favorable tax treatment of the plan, under the
Internal Revenue Code or regulations adopted under the Internal Revenue Code.
(7) Sections 1 to 9 of this 2007 Act do
not require the extension of any benefit under any employee benefit plan that
is subject to federal regulation under the Employee Retirement Income Security
Act of 1974.
(8) For purposes of administering Oregon
tax laws, partners in a domestic partnership, surviving partners in a domestic
partnership and the children of partners in a domestic partnership have the
same privileges, immunities, rights, benefits and responsibilities as are
granted to or imposed on spouses in a marriage, surviving spouses and their
children. [2007 c.99 §9]
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