Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 12-21-2004 by L.L. No. 33-2004. Amendments noted where applicable.]

§ 107-1 Legislative intent.

A. 
It is the intention of the Babylon Town Board to establish a mechanism by which those who choose not to or are legally prohibited from marrying can express and document their commitment to each other as "domestic partners." The Town Board deems it is appropriate and fair that certain societal benefits and privileges now accorded to those who are in a legally recognized partnership be available to domestic partners.
B. 
This legislation is intended to define the term "domestic partnership" and establish a registry for residents wishing to acknowledge such relationships.

§ 107-2 Requirements.

A domestic partnership shall exist between two persons under the following circumstances:
A. 
The persons are not related by blood closer than would bar marriage in the State of New York.
B. 
Neither person is married.
C. 
Both persons are 18 years of age or older.
D. 
Both persons are competent to enter into a contract.
E. 
The persons declare that they are each other's sole domestic partner.
F. 
The persons provide proof, satisfactory to the Town Clerk, that they currently share a primary residence within the Town of Babylon and declare that they intend to do so for the indefinite future.
[Amended 12-29-2009 by L.L. No. 29-2009]
G. 
The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, "mutual support" means that each contribute mutually to each other's maintenance and support.
H. 
The persons provide proof, satisfactory to the Town Attorney's Office, that they have resided together and shared a relationship of mutual support for a period of not less than one year prior to their registration as a domestic partnership.
[Amended 12-29-2009 by L.L. No. 29-2009]
I. 
Both persons agree to file a termination of partnership if any of the conditions set forth in Subsections B, E, F and G are no longer complied with or if the persons no longer reside together.
J. 
The persons shall file a statement of domestic partnership as set forth in this chapter and pay the required fee.

§ 107-3 Statements of domestic partnership.

[Amended 2-3-2009 by L.L. No. 3-2009]
A. 
Contents. The statement shall be signed under the penalty of perjury and shall include the date on which the persons became each other's domestic partner and the address of both partners. Statements must include certified copies of each partner's birth certificate or proof of birth date in a form acceptable to the Town Clerk and a copy of either a driver's license or other photo identification acceptable to the Town Clerk.
B. 
Affirmation of requirements. The domestic partnership statement shall also include an affirmation sworn to in person by each partner at the Office of the Town Clerk on the day of filing as to each element contained in § 107-2 of this chapter.
C. 
Amendment of domestic partnership statement. Partners may amend the domestic partnership statement at any time in order to change an address by filing an amended statement.
D. 
Termination of domestic partnership. The domestic partnership statement may be terminated as follows:
(1) 
Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination statement must declare, under penalty of perjury:
(a) 
The domestic partnership is terminated; and
(b) 
A copy of the termination statement has been mailed or given to the other domestic partner.
(2) 
If signed by only one member of the partnership, the termination statement shall include United States Postal Service proof of its mailing to the other partner or a notarized statement of the other partner acknowledging the termination.
(3) 
A domestic partnership shall terminate in the event of the marriage or death of either partner.
(4) 
New statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six months after the termination statement of a previous partnership has been on file with the Town Clerk.

§ 107-4 Filing and form of statements; fees; issuance of certificates.

[Amended 2-3-2009 by L.L. No. 3-2009]
Anyone who has signed a statement of domestic partnership must file it with the Town Clerk. The statement of domestic partnership, or any termination or amendment thereof, shall not be deemed effective until filed with the Town Clerk according to the provisions of this chapter.
A. 
Form of statements. All statements relating to domestic partnerships shall be notarized and executed as a declaration made under the penalty of perjury. The Town Clerk shall provide forms as necessary to interested individuals.
B. 
Fees for filing of statements and issuance of domestic partnership certificates.
[Amended 10-6-2009 by L.L. No. 18-2009]
(1) 
There shall be a fee of $25 for the filing of a domestic partnership statement. Such fees shall cover the cost of filing and providing a copy of the certificate of domestic partnership registration.
(2) 
There shall be a fee of $25 for the filing of a termination of domestic registry.
(3) 
There shall be a fee of $10 for each additional certified copy of the certificate or amended copy of a certificate or documentation of a termination of a partnership.

§ 107-5 Confidentiality.

[Amended 2-3-2009 by L.L. No. 3-2009]
A. 
The Town Clerk shall ensure the confidentiality of information contained in the registry. In the ordinary course of business, such information shall be released as follows:
(1) 
To one or both parties to the domestic partnership;
(2) 
To an individual presenting written authorization from one or both of the parties to the domestic partnership;
(3) 
In accordance with an order of a court of competent jurisdiction or a so-ordered subpoena;
(4) 
As required pursuant to the Freedom of Information Act.
B. 
Nothing herein shall be construed to prohibit the publication of statistics or information pertaining to domestic partnerships which have been registered by the Town Clerk, and are legally obtainable under the Freedom of Information Laws of New York State.