An Overview of the Registration Process

The City of Somerville approved an Ordinance in June 2020 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 Somerville.

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 Somerville if you have questions.

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

You can have your domestic partnership recognized by filing a Domestic Partnership Registration Form with a registered Massachusetts notary public. The form must include: 

Name of each partner 

Date of birth of each partner 

The form declares that: 

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

• You are competent to contract; 

• You consider yourselves to be a family;  

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

• You haven’t been in a domestic partnership that was terminated in the last 90 days unless the termination resulted from the death of a domestic partner. 

It must be signed by all domestic partners in the presence of a notary. 

Once you’ve completed the form with a notary, you can drop it off at Somerville City Hall or mail it to: Somerville City Clerk, 93 Highland Avenue, Somerville, MA, 02143. With it, include payment by check or money order of $50 to register your partnership and an additional $15 for each certificate you would like (fees subject to change). If you are ordering certificates, be sure to note the mailing address where you would like them to be sent. 

2. What do I need to bring to the Notary to register my domestic partnership?

Government-issued ID. Massachusetts notaries will verify your identity with any government-issued ID document with a photo, signature, and information about your nationality or residence. This includes passports or drivers’ licenses from countries other than the United States, so long as they meet these requirements.

3. Who is able to register a domestic partnership?

It is not required that domestic partners reside in the city of Somerville, the state of Massachusetts, or even the United States in order to register their domestic partnership in Somerville. 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, other than the ID presented to the notary. 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 different domestic partner in Cambridge may conflict with your state’s bigamy laws. This is discussed in more detail below in Section 7.

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

• Adding a partner, or partners: Somerville does not currently have a form to add a partner. To add a partner, or multiple partners, you can send a letter to the Somerville City Clerk (93 Highland Avenue, Somerville, MA, 02143) stating the change you would like to make. All members of the partnership must sign this letter in the presence of a notary, just as they would in order to register a new partnership. If you would like updated certificates, please note this in your letter and enclose $15 per certificate by check or money order. 

• Withdrawing from a partnership: To withdraw from a domestic partnership, you must send a letter to the Somerville City Clerk (93 Highland Avenue, Somerville, MA, 02143) stating that you would like to withdraw. The withdrawing partner must sign this letter in the presence of a notary. Signatures from other partners are not required. 

• Terminating a partnership: The filing of a Domestic Partnership Termination Statement will terminate a partnership. This statement must be signed in the presence of a notary by the partner who is terminating the partnership. This partner must provide a copy of the statement with all other partners. To file this form, drop it off at Somerville City Hall or mail it to: Somerville City Clerk, 93 Highland Avenue, Somerville, MA, 02143.

5. What are the benefits of the Ordinance?

Being in a registered domestic partnership is not the same as being married. The Ordinance provides domestic partners with the same municipal rights as awarded by Somerville to married people. As Somerville is a municipality with limited legal authority, the rights Somerville can provide are quite limited in scope in comparison to the state or federal level. As such, some of the rights granted by this Ordinance may only apply within the City of Somerville.

Rights guaranteed within the City of Somerville:

• 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 a legal parent requests this access.

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 legal spouses. However, if your employer provides benefits to domestic partners, you should be legally entitled to have 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 Somerville. 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 because of my family/relationship structure?

In 2023, Somerville passed Ordinances protecting people from discrimination based on relationship/family structure in areas such as housing and policing. The City of Somerville can only enforce the nondiscrimination Ordinances within City limits.

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?

• 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 that 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 violating 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 agreements 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 Somerville’s multi-partner domestic partnership Ordinance and nondiscrimination Ordinances provide 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 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 at the time of this document’s publication (i.e., discrimination based on relationship status is not illegal). Therefore, 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).