Subject to s. 770.07 (1) (a), 2 individuals may form a domestic partnership if they satisfy all of the following criteria:
(1) Each individual is at least 18 years old and capable of consenting to the domestic partnership.
(2) Neither individual is married to, or in a domestic partnership with, another individual.
(3) The 2 individuals share a common residence. Two individuals may share a common residence even if any of the following applies:
(a) Only one of the individuals has legal ownership of the residence.
(b) One or both of the individuals have one or more additional residences not shared with the other individual.
(c) One of the individuals leaves the common residence with the intent to return.
(4) The 2 individuals are not nearer of kin to each other than 2nd cousins, whether of the whole or half blood or by adoption.
(5) The individuals are members of the same sex.