An Overview of the Registration Process

The City of Cambridge approved an Ordinance in March 2021 providing for registration of domestic partnerships with more than two partners. This document is designed to provide you with an overview of the typical process to register as well as make changes to your domestic partnership in Cambridge.

NOTE: This document does not constitute legal advice; it is simply meant to assist in understanding the domestic partnership registration process. Gaining information from this document does not constitute an attorney-client relationship. As this is a rapidly evolving area of the law the information contained herein may not be current. The last version of this document was promulgated on March 1, 2022. Please confirm details with the City of Cambridge if you have questions.*

1. How can I register my domestic partnership in Cambridge?

You can have your domestic partnership recognized by filing a domestic partnership registration form with the City Clerk. All partners must go to the City Clerk’s Office, where you will be provided with an application form to fill out. The form must include: 

Name of each partner 

Date of birth of each partner 

Name of any dependents of the domestic partnership 

Date of birth of any dependents of the domestic partnership 

The proclamation that: 

• You are in a relationship of mutual support, caring, and commitment and intend to remain in such a relationship 

• You are not related by blood closer than would bar marriage in the Commonwealth of Massachusetts 

• You are competent to contract 

• You consider yourselves to be a family 

It must be signed by all domestic partners. All partners must then take an oath, given by the Clerk, that the statements provided are true. The City Clerk will then collect a fee of $35 (fees subject to change), payable by cash, check, or credit card, and will issue a certified copy of the registration of the domestic partnership.

2. What do I need to bring to the City Clerk’s Office to register my domestic partnership?

• A method of payment for the $35 fee (cash, check, or credit card) 

• Identification is not required, however we recommend that you bring a government-issued photo ID just in case, especially if you are paying the fee with a credit card, as the City Clerk’s Office will need to verify your identity. 

• You do not need to bring the application form. It will be provided for you at the City Clerk’s Office, and it is not available in advance. 

• Nothing needs to be notarized to register your domestic partnership.

3. Who is eligible to register a domestic partnership?

It is not required that domestic partners reside in the city of Cambridge, the state of Massachusetts, or even the United States in order to register their domestic partnership in Cambridge. It is also not required that the partners be citizens of the United States. No citizenship or immigration documentation should be requested during this process. People who are currently married or domestically partnered are eligible to register a domestic partnership. However, please be aware that if you are currently married or domestically partnered to someone in a different state, registering a domestic partner in Cambridge may conflict with your state’s bigamy laws, which are discussed in more detail below in section 7.

4. How can I make changes to my domestic partnership?

The domestic partnership registration can be amended to add or delete domestic partners or dependents. The fee for adding or withdrawing a domestic partner is $5. 

• Adding a partner, or partners: To add a person to the domestic partnership, all partners must go to the City Clerk’s Office and must sign the amendment.  

• Withdrawing from a partnership: If you or another person wants to withdraw from the partnership, there are two options.  

  The person who wishes to withdraw can file a withdrawal statement with the City Clerk, by hand or by certified mail. The person withdrawing must also mail a copy of the withdrawal statement to the other partners by certified mail. The withdrawal statement should include the addresses to which the copies were mailed.  

  Alternatively, all of the partners can agree to amend the domestic partnership to remove a person from it. In that case, all partners must go to the City Clerk’s Office. 

  Please note that you cannot file another domestic partnership registration until 90 days after the effective date of your withdrawal (which is 7 days after the withdrawal statement is received by the City Clerk).

5. What are the benefits of the Ordinance?

Being in a registered domestic partnership is not the same as being married. Therefore, some of the rights granted by this Ordinance may be limited in that they only apply within the City of Cambridge.  

Rights guaranteed within the City of Cambridge: 

• Hospital visitation: The Ordinance provides hospital visitation access for all domestic partners and dependents. This applies to all short- and long-term care facilities under the City’s jurisdiction, including, but not limited to, hospitals, convalescent facilities, and mental health facilities. This is particularly crucial considering instances where domestic partners (including even same-sex couples) have not been allowed visitation rights when a partner is in the hospital (or another medical setting), even in a critical medical condition.  

• Visitation at correctional facilities: The Ordinance also provides visitation access for all domestic partners and dependents at all correctional facilities in Cambridge. 

• Access to children at school: If you are a parent or legal guardian, registering your domestic partnership allows you to grant your domestic partner(s) access to your child(ren)’s school records, access to school personnel, and access to the child(ren) (including the right to take the child(ren) out of school in case of sickness or family emergency). This applies only if the legal parent requests this access. 

• Non-discrimination: It is a violation of the Ordinance and the Cambridge Human Rights Ordinance to discriminate or retaliate against a person for being in a domestic partnership with multiple people, such as in housing or employment. 

Rights you MAY have regardless of your physical location: 

• Employment benefits: Employers are not legally obligated to provide benefits to domestic partners; some provide benefits only for spouses. However, if your employer provides benefits to domestic partners, you should be legally entitled to having a domestic partner placed on your benefits. Your employer may only provide benefits to one person, but as a domestic partnership is a legally recognized relationship, you should be able to choose which of your domestic partners you would like to place on your benefits.  

  Please note that benefits for domestic partners may necessitate different and/or additional requirements such as residency that are not part of the Ordinance. For these, you must check with your employer. 

  Advocacy and education in the workplace are often necessary for employers to recognize consensual nonmonogamy. You may be able to advocate for family leave and other benefits coverage for more than one partner. We know of many employees who have been successful, but all employers have discretion in this area.** 

• Travel and jurisdictional issues: Registering a domestic partnership may assist with entry into certain jurisdictions even as a nonresident; this is particularly pertinent considering ongoing travel restrictions caused by the Covid-19 pandemic. If you are registered as part of a domestic partnership, you are treated similarly to a spouse, sibling, parent, or child; therefore, it may allow you to travel to, for instance, the EU or other countries. 

• Hospital visitation: A 2010 rule issued by the Department of Health and Human Services requires hospitals in the United States that receive Medicare or Medicaid funding to allow domestic partners equal visitation rights to spouses.*** 

• School access: Being a registered domestic partner may allow you to access your partner’s children at school, even outside the City of Cambridge. However, access to children in schools is discretionary based on school policy and the consent of any other legal parent or guardian. 

6. What does the Ordinance not provide for?

Registration of a domestic partnership under the Ordinance does not mean that the domestic partnership is a marriage for federal or state purposes such as for taxes, immigration status, or federal employment benefits like those under the Family Medical Leave Act. 

7. What if I am discriminated against for my family/relationship structure?

A nondiscrimination Ordinance passed in 2023 prohibits relationship and family structure-based discrimination in employment, housing, public accommodations, and more. The nondiscrimination Ordinance is enforceable only within City limits. Read the Cambridge nondiscrimination ordinance here.

If you would like to work on passing nondiscrimination Ordinances in your municipality, we may be able to assist. Please contact us.

8. What other issues should I be aware of?

• Notice and consent: The Ordinance requires you to give notice to all marital or domestic partners outside of the registered domestic partnership, both when registering the domestic partnership and when adding new partners to the domestic partnership. However, in an abundance of caution, we very strongly recommend that, in addition to notice, you obtain consent in writing from all existing partners (anyone to whom you are currently married or with whom you are in a domestic partnership) if you plan to enter a domestic partnership with anyone else. This is a rapidly evolving and complex area of the law, and it is unclear how courts will treat people who have multiple domestic partnerships. This consent should ideally be in the form of an affidavit from existing spouses and/or partners. A sample affidavit can be found here.  

• Bigamy laws: If you reside in another state, even registered domestic partnerships under the Ordinance may violate bigamy laws in your state. Many states still have bigamy laws, which prohibit being married to more than one person. Because a domestic partnership is not a marriage, if you reside in a state in which the bigamy laws only pertain to marriage, being domestically partnered with multiple people should not violate the laws. However, there are a handful of states that have updated their bigamy laws to include domestic partnerships. As of the publication of this document, those states include California, Colorado, and Washington, as well as the District of Columbia. In those states, entering into a domestic partnership with multiple persons may be a violation of those laws. You may consider contacting a lawyer in your state to ensure that you are not running afoul of your state’s bigamy laws. 

• Family law matters: Domestic partnerships affect other areas of the law, such as property rights and custody rights. You are strongly encouraged to make co-habitation, financial, or co-parenting agreements with respect to these areas of family law so that you are able to come to an agreement with your partners on such matters. We recommend contacting a family law attorney in your state if you are interested in exploring these options.

9. Conclusion

Domestic partnerships in the context of the same-sex movement led to massive changes in social attitudes. This helped lead to nondiscrimination protections in areas like employment, which in turn increased employers’ acceptance of same-sex relationships. Those in such partnerships felt safer in the wake of such legal moves. Our hope is that Cambridge’s multi-partner domestic partnership Ordinance and nondiscrimination Ordinance provides the beginnings for a similar process of legal and social change for those who practice consensual nonmonogamy, have multiple consensual partners, and/or have or practice alternative visions of family.

*Please note that, as of March 1, 2022, the website is not updated regarding the ability to register a domestic partnership if you are already married and/or domestically partnered to someone else. This does not reflect the current Cambridge policy under the ordinance. However, you can view the address of the City Clerk’s Office and the current fee for registering your domestic partnership.

**Please be aware that to avail yourself of such benefits, you will be required to reveal your relationship status to the Human Resources department (or other relevant division) of your place of work. Relationship status is not a protected status outside of Cambridge at the time of this document’s publication (i.e., discrimination based on relationship status is not illegal). Therefore, if you work outside the City of Cambridge, you may face adverse consequences, potentially even termination, for this revelation, with no recourse. In considering whether to come out as poly at the workplace, you may find the following useful: https://dianaadamslaw.net/safety-and-coming-out

***42 C.F.R. § 482.13 (2022).