As of October 1, 2023, Maryland began recognizing Registered Domestic Partnerships, providing unmarried couples with important legal protections—particularly regarding estate and inheritance rights. This law represents a significant step forward for couples who choose not to marry or cannot marry for various reasons.
What Is a Registered Domestic Partnership?
A Registered Domestic Partnership is a legal relationship between two adults who meet specific criteria and choose to formalize their relationship through the state registry. Unlike marriage, domestic partnerships are specifically designed to provide certain legal protections without the full bundle of rights and responsibilities that come with marriage.
Who Can Register?
To register as domestic partners in Maryland, both individuals must:
- Be at least 18 years old
- Not be married to anyone else or in another domestic partnership
- Not be related by blood or adoption in a way that would prevent marriage
- Share a common residence
- Be competent to enter into a contract
Important Note for Same-Sex Couples
While same-sex couples can now marry in Maryland (and nationwide since the Supreme Court’s 2015 Obergefell decision), some couples may prefer domestic partnership for personal, religious, or financial reasons. The domestic partnership option ensures that all couples have choices in how they formalize their relationships.
Benefits of Registered Domestic Partnership
Estate and Inheritance Rights
One of the most significant benefits relates to estate planning:
- Intestate succession: If one partner dies without a will, the surviving partner has inheritance rights similar to those of a spouse
- Elective share: Partners may claim a portion of the deceased partner’s estate
- Homestead protection: Surviving partners receive protections for the shared residence
Healthcare Decision-Making
Registered domestic partners can:
- Make medical decisions for an incapacitated partner
- Access their partner’s medical records
- Visit their partner in hospital settings where family-only policies apply
Other Legal Protections
- Certain employment benefits (depending on employer policies)
- Recognition in legal proceedings as family
- Some survivor benefits
Limitations of Domestic Partnership
It’s important to understand that domestic partnership does NOT provide:
- Federal tax benefits available to married couples
- Social Security survivor benefits
- Immigration sponsorship rights
- All the protections of marriage under federal law
The Registration Process
To register your domestic partnership in Maryland:
- Obtain the application from the Maryland Department of Health
- Complete the application with both partners’ information
- Have the application notarized
- Submit the application along with the required fee
- Receive your certificate of domestic partnership
Estate Planning Considerations
Even with the protections offered by domestic partnership registration, couples should still engage in comprehensive estate planning:
Essential Documents to Consider
- Wills: Clearly designate how you want your assets distributed
- Powers of Attorney: Authorize your partner to make financial decisions if you become incapacitated
- Healthcare Directives: Specify your medical care wishes and authorize your partner to carry them out
- Beneficiary Designations: Update retirement accounts, life insurance, and other accounts
Why Additional Planning Matters
While domestic partnership provides some automatic protections, having proper estate planning documents:
- Clearly expresses your intentions
- Reduces the likelihood of family disputes
- Provides protections that domestic partnership alone doesn’t cover
- Ensures your partner’s rights are recognized in all situations
Changes Coming October 1, 2025
Maryland has enacted additional provisions that will take effect on October 1, 2025, expanding certain protections for registered domestic partners. If you’re considering registering or are already registered, staying informed about these changes is important.
Is Domestic Partnership Right for You?
The decision to register as domestic partners—or to marry—depends on your individual circumstances, values, and goals. Factors to consider include:
- Your financial situation and tax implications
- Federal benefit considerations (Social Security, immigration, etc.)
- Personal or religious preferences
- Existing estate plans and beneficiary designations
- Children and family planning considerations
Getting Professional Guidance
At Leffler, Bayoumi & Oliver, we help unmarried couples navigate these important decisions. Whether you choose domestic partnership, marriage, or neither, proper legal planning is essential to protect both partners and ensure your wishes are honored.
Our attorneys can help you:
- Understand the differences between domestic partnership and marriage
- Create comprehensive estate plans tailored to your relationship
- Ensure all your legal documents work together
- Plan for incapacity and end-of-life decisions
Contact our office to schedule a consultation and discuss how Maryland’s domestic partnership law affects your situation and what estate planning steps you should take.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.