Laws

CHINA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum, Refugees
Censorship, Free Speech
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
  Military
Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

The age of consent for both gay and heterosexual couples is reportedly 14 [R1.1].

R1.1 AngloInfo: Lesbian, Gay, Bisexual and Transgender Community in China
Censorship, Free Speech Legislation/Cases/References
1.

National

On 01 July 2017, new regulations were reportedly issued by Bejing that will prohibit portrayals of homosexuality, prostitution and drug addiction. The China Netcasting Services Association (CNSA) is targeting what they consider ''abnormal'' sexual activity [R1.4].

On 29 May 2017, it was reported that Rela, the popular Chinese dating app for lesbians, had been shut down along with its website and main social media account. Rela, set up in 2012, has around 5 million registered users, a cached version of its entry on Apple's iTunes site shows [R1.3].

On 31 December 2016, China reportedly released new copy of its ''TV Content Production Law''. On the banned list is any content showing homosexual, transsexual or S&M themes, any scenes of what are called ''unhealthy views of marriage'' and even scenes and shots which are said to be ''rather stimulating for people'' are not to be shown [R1.2].

After 16 March 2012, as has been threatened for a while, the 320 million users of the Sina Weibo, the Chinese microblog site, will have to register their real names and ID numbers to their account. Unregistered users won't be allowed to post or forward messages [R1.1].

R1.4 TheIndependent: China causes outrage by banning online content of 'abnormal' homosexual relationships 01 JUL 17
R1.3 ReutersUS: Popular Chinese lesbian dating app removed from internet 29 MAY 17
R1.2 HelloAsia!: China releases new ''TV Content Production Law'' bans implications of homosexuality, puppy love and more 04 MAR 16
R1.1 GayStarNews: Real name and ID number now required on China's biggest microblog 09 FEB 12
Discrimination Legislation/Cases/References
1.

Cities & Towns

In 2007, the city government of Shanghai was reported to be preparing new regulations barring landlords from renting rooms to same-sex and unmarried opposite-sex couples [R1.3].


In 2006, Regulations adopted by the national governnment prohibit job discrimination on the basis of HIV status [R1.2].


On 22 March 1997, police stormed into Guangzhou's only gay and lesbian gathering place, and ordered all the luckless patrons who happened to be dancing at that moment to assume a squatting position in the middle of the dance floor. Unconfirmed reports indicated that 20 or so people would be detained for 15 days on charges of hooliganism [R1.1].

2.

Schools & Universities

In March 1999, the Tongzhi Culture Society, the first homosexual students group to be registered in a local tertiary institute and formally recognised by the university's students union, was reportedly targeted by fellow students who have attacked it in posters and dumped its literature in rubbish bins [R2.1].

3.

Courts & Tribunals

On 27 July 2017, a district court in the southwestern city of Guiyang reportedly ruled that a transgender man was unjustly dismissed by a former employer, ordering his previous employer, Ciming Checkup, to pay him the equivalent of $297 [R3.6].

On19 June 2017, the Guangzhou Intermediate People's Court reportedly issued a landmark ruling in holding that it is illegal for an employer to require an employee to leave his post in the office to stay at home for ''rest'' based on the individual's HIV-positive status [R3.5].

On 03 January 2017, it was reported that a court held that F2M transgender Mr C was illegally dismissed from his position at the Ciming Health Check-up Centre in Guiyang, but said there was not enough evidence to rule he had been fired due to discrimination against transgender people. Mr C alleged he was told to leave after one week because he wore men's clothing. The court awarded him a month's wages [R3.4].

On 10 May 2016, it was reported that a tribunal in Guizhou province rejected the complaint of F2M transgender Mr C that he was fired unfairly from a city of Guiyang health centre reportedly for wearing men's clothes. The tribunal awarded him unpaid wages but has ruled that his dismissal was legal [R3.3].

In August 2010, it was reported that a Chinese court would hear a discrimination case brought by a man who claimed he was fired from his job because he is HIV-positive ≠ likely a first-of-its-kind lawsuit in the country [R3.2].

In July 2010, a Beijing court blocked Wang Zizheng from suing a Red Cross centre for discrimination after he was rejected as a blood donor because of his sexuality [R3.1].

R1.3 MCV: Gays Denied Housing in Shanghai 06 SEP 07
R1.2 The Advocate: Chinese Court Will Hear HIV Case 31 AUG 10
R1.1 Adelaide Gay Times: China Cracks down on Gays 04 APR 97
R2.1 South China Morning Post: Gay University Group Attacked 06 MAR 99
3. Courts & Tribunals
R3.6 InsuranceJournal: Transgender Chinese Man Wins Groundbreaking Job Discrimination Lawsuit 01 AUG 17
R3.5 TheNationalLawReview: China: Landmark Ruling on HIV Employment Discrimination 28 JUN 17
R3.4 BBCnews: China: Limited victory for man in transgender dismissal case 03 JAN 16
R3.3 BBCnews: China transgender case: 'Mr C' vows fight on for equality 10 MAY 16
R3.2 The Advocate: Chinese Court Will Hear HIV Case 31 AUG 10
R3.1 PinkPaper.com: China court blocks manís blood donation lawsuit 08 JUL 10
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [MARRIAGE]
1.

National

On 28 March 2012, two 25-year-old identical twin sisters were reported to have jointly undergone gender reassignment operations at the People's Liberation Army Hospital 411 in Shanghai to become the first brothers of their kind in China [R1.4].

In November 2009, it was reported that transsexuals have been tying the marital knot for more than 10 years. A transgender marriage in southwestern Sichuan province even received sympathetic treatment by state media [R1.3].

In June 2009, the Chinese government was reportedly setting up the nation's first guidelines for sex-reassignment surgery, which may require candidates to gain police approval before undergoing the procedure [R1.2].

In 2001, transsexuality in China was barely acknowledged, even within the scientific community.

Sex change surgery is neither legal nor illegal, and there are no national regulations. Only a small number of reputable surgeons in half a dozen Chinese cities perform sex-change surgery.

In 1989, without permission or fanfare, Dr. He Qinglian performed an operation that to his knowledge had never been done in China, however the first documented sex change in China was apparently performed secretly in Beijing in 1983 on the 20-year-old son of a senior army official [R1.1].

2.

Provinces

On 01 January 2014, the Shanxi Provincial Permanent Residence Registration Regulations reportedly came into effect. A person who has had gender reassignment surgery can now change their notification gender on their official permanent residence registration, identification card, sex determination proof given out by a domestic hospital above third level and certificate from the notarization department or judicial appraisal department [R2.1].

3.

Courts & Tribunals

On 27 July 2017, a district court in the southwestern city of Guiyang reportedly ruled that a transgender man was unjustly dismissed by a former employer, ordering his previous employer, Ciming Checkup, to pay him the equivalent of $297 [R3.3].

On 03 January 2017, it was reported that a court held that F2M transgender Mr C was illegally dismissed from his position at the Ciming Health Check-up Centre in Guiyang, but said there was not enough evidence to rule he had been fired due to discrimination against transgender people. Mr C alleged he was told to leave after one week because he wore men's clothing. The court awarded him a month's wages [R3.2].

On 10 May 2016, it was reported that a tribunal in Guizhou province rejected the complaint of F2M transgender Mr C that he was fired unfairly from a city of Guiyang health centre reportedly for wearing men's clothes. The tribunal awarded him unpaid wages but has ruled that his dismissal was legal [R3.1].

R1.4 GayStarNews: First trans twins in China 28 MAR 12
R1.3 AsiaTimes Online: Hong Kong plays transgender catch-up 17 NOV 09
R1.2 The Advocate: Chinese Police Must OK Sex Changes 17 JUN 09
R1.1 Boston Globe: "Sex-change surgery in demand in China" 12 JUN 01
R2.1 WomenOfChina: Shanxi Permits Transgender Persons to Change Gender Information 09 JAN 14
3. Courts & Tribunals
R3.3 InsuranceJournal: Transgender Chinese Man Wins Groundbreaking Job Discrimination Lawsuit 01 AUG 17
R3.2 BBCnews: China: Limited victory for man in transgender dismissal case 03 JAN 16
R3.1 BBCnews: China transgender case: 'Mr C' vows fight on for equality 10 MAY 16

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Health, Medical Legislation/Cases/References
See also: [HIV / Aids]
1.

National

On 01 July 2012, the Ministry of Health reportedly announced a lifting of the 14-year ban on lesbians giving blood. The new policy states only sexually active men who have sex with men are barred from giving blood [R1.1].

2.

Courts $ Tribunals

On 26 June 2017, a court in Zhumadian in Henan province reportedly ordered a city psychiatric hospital to publish a public apology in local newspapers and pay 38-year old Mr Yu 5,000 yuan ($735) in compensation. Mr Yu was forcibly admitted to the institution in 2015 by his wife and relatives and diagnosed with ''sexual preference disorder''. He was forced to take medicine and receive injections before finally walking free after 19 days [R2.2].

On 19 December 2014, the Haidian District Peopleís Court ruled that homosexuality is not a mental illness, ordering the Xinyupiaoxiang Counseling Center in the southwestern city of Chongqing to pay 3,400 renminbi, or $560, for costs incurred by the plaintiff, Yang Teng for giving him electric shocks intended to change his sexual orientation [R2.1].

R1.1 GayStarNews: China lifts ban on lesbians giving blood 03 JUL 12
R2.2 TheGuardian: Chinese man wins forced gay conversion therapy lawsuit 04 JUL 17
R2.1 TheNewYorkTimes: Chinese Court Sides With Gay Man Against Clinic That Tried to 'Convert' Him 19 DEC 14
HIV Aids Legislation/Cases/References
1.

National

Effective 24 April 2010, the 21-year-long ban on travelers with sexually transmitted diseases including HIV was lifted [R1.2].

In 2003, Chinese authorities reportedly had been accused of violence and arbitrary arrests of HIV positive people seeking medication [R1.1].

2.

Cities & Towns

In 2001, under the Chengdu City AIDS Prevention and Management Regulations, people with HIV and AIDS cannot marry, police must test people in "high-risk" groups within five days of arrest, and HIV-positive inmates must be kept in incarceration facilities separate from noninfected people [R2.1].

3.

Courts & Tribunals

On19 June 2017, the Guangzhou Intermediate People's Court reportedly issued a landmark ruling in holding that it is illegal for an employer to require an employee to leave his post in the office to stay at home for ''rest'' based on the individual's HIV-positive status [R3.1].

R1.2 The Advocate: China Lifts HIV Travel Ban 28 APR 10
R1.1 Melbourne Community Voice: Chinese HIV Crackdown 18 JUL 03
R2.1 The Advocate: Chinese City Adopts Restrictions on People with HIV/AIDS 17 JAN 01
R3.1 TheNationalLawReview: China: Landmark Ruling on HIV Employment Discrimination 28 JUN 17
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT] [VIOLENCE]
1.

National

In September 2011, the Ministry of Justice reportedly had rewritten the national code of conduct for prison inmates, eliminating bans on homosexuality however, this does not mean that acts of homosexuality are accepted in prisons, only that inmates would be left alone if their homosexuality remains “spiritual” [R1.4].

In November 2003, Fudan university was reported to be offering a course on 'Homosexual Health, Society and Science', which included a field trip to gay bars in Shanghai [R1.3].

In March 2001, in a major reversal of previous policy, psychiatrists in this country of 1.3 billion people decided to stop classifying homosexuality as a mental disease [R1.2].

In 1997, China effectively decriminalized homosexuality. In 2001, it came off the list of mental illnesses (see below) [R1.1].

2.

Courts & Tribunals

On 02 February 2016, 40-year old Deng reportedly pleaded guilty to having molested Ma, a 20-something man, whilst he was sleeping a cafe in the Zhejiang city of Wenling. Deng was sentenced to eight months in prison. On 01 November 2015, the Criminal Law against molestation was amended, stipulating that ''women'' be revised to ''others'', making same-sex molestation of men unlawful [R2.2].

In September 1999, in a landmark decision, the Xuanwu District Court described homosexuality as abnormal and unacceptable to the public. It was the first time a mainland court had ruled on the nature of homosexuality [R2.1].

R1.4 China Daily: China lifts ban on inmate homosexuality 22 SEP 11
R1.3 MCV: China Course on Homosexuality 28 NOV 03
R1.2 Los Angeles Times: Chinese Psychiatrists Decide Homosexuality Isn't Abnormal 06 MAR 01
R1.1 New York Times: Gays in China Step Out, With One Foot in Closet 12 APR 02
The Age: China's Gay Comrades Take First Step 27 AUG 05
R2.2 ShanghaiDaily: Man jailed for same-sex molestation 03 FEB 16
R2.1 South China Morning Post: Court Declares Homosexuality Abnormal 13 OCT 99
Marriage Legislation/Cases/References
1.

National

As at 04 October 2012, same-sex marriage and civil unions are not legally recognized and homosexuality often frowned upon [R2.2].

In 2003, the ministry of civil affairs reportedly clarified the law to make it clear that transgender marriage was legal [R1.1].

2.

Provinces

On 02 October 2012, Lu Zhong and Liu Wangqiang, 24 and 20 respectively of Ningde, become the first gay couple to publicly say 'I do' in the southeastern province of Fujian [R2.2].

On 03 January 2010, Zeng Anquan and Pan Wenjie married in a gay bar in the town of Chengdu, Sichuan though same-sex marriage and civil unions are not legally recognised in China. Reportedly, the China Daily, an English-language newspaper, featured the wedding on the front page of its 13 January 2010 edition [R2.1].

3.

Courts & Tribunals

On 13 April 2016, in the first case of its kind, a judge in the Changsha Furong District People's Court, ruled against formalising the marriage of gay couple Sun Wenlin and his partner Hu Mingliang who sued the civil affairs bureau in Changsha for refusing them the right to marry [R3.2].

On 05 January 2016, Sun Wenlin, 26, filed a lawsuit in the Changsha Court, Hunan province, after his attempt to register a marriage with his 36-year-old boyfriend was rejected by an official in the Furong district. The case was expected to heard within six months [R3.1].

R1.1 The Guardian: Hong Kong court allows transgender woman to marry a man 13 MAY 13
R2.2 GayStarNews: Gay wedding goes ahead in China despite official hindrance 04 OCT 12
R2.1 PinkNews.co.uk: China's state press covers gay wedding 13 JAN 10
R3.2 TheLosAngelesTimes: Judge rules against gay couple in China's first-ever same-sex marriage case13 APR 16
R3.1 fridae: Chinese court accepts same-sex marriage case CN 08 JAN 16
Negligence, Wrongful Death Legislation/Cases/References
1.

Courts & Tribunals

On 08 January 2013, the court, in Chengdu, Southwest China's Sichuan Province, rejected the lawsuit brought by the parents of 31-year-old Luo Hongling, who committed suicide after finding out her busband Cheng was gay by jumping to her death from a building in June 2011 [R1.1].

R1.1 PinkNews: Chinese Court: Gay man who married a woman that committed suicide not to blame for her death 08 JAN 13
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 12 October 2005, the China Center of Adoption agency published a statement that homesexuality was a 'mental illness' and China does not recognize the legitimacy of gay families. The statement remains extant despite homosexuality being removed from the Classification of Mental Disorders in 2001 and PFLAG China challenged the adoption agency [R1.2]

In 2000, international adoptions were reportedly prohibited in China [R1.1]

R1.2 GayStarNews: PFLAG China confronts national adoption agency ban on gay couples 06 NOV 12
R1.1 Associated Press: House OKs Adoption Treaty Measure 18 JUL 00

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Violence: Bullying, Domestic Violence, Harassment, Sexual Assault, Victimisation, Vilification Legislation/Cases/References
1.

National

On 27 December 2015, it was reported that the parliament had passed the country's first law against domestic violence, which covers unmarried people who cohabit but does not protect gay couples [R1.2].

On 01 November 2015, OutlookIndia reported that an August amendment to the criminal law came into effect, treating sexual assaults on men as a crime punishable with a minimum five year jail term. The law stipulates that indecent assault on others, men or women, now carries a minimum sentence of five years in prison. [R1.1].

2.

Courts & Tribunals

On 02 February 2016, 40-year old Deng reportedly pleaded guilty to having molested Ma, a 20-something man, whilst he was sleeping a cafe in the Zhejiang city of Wenling. Deng was sentenced to eight months in prison [R2.1].

On 01 November 2015, the Criminal Law against molestation was amended, stipulating that ''women'' be revised to ''others'', making same-sex molestation of men unlawful [R2.1].

R1.2 ReutersUS: China passes first domestic violence law, gay couples excluded 27 DEC 15
R1.1 OutlookIndia: China Makes Male Rape a Crime Amid Increasing Sexual Assaults 01 NOV 15
R2.1 ShanghaiDaily: Man jailed for same-sex molestation 03 FEB 16