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CHINA

Male to Male relationships: Legal
Punishments for male to male relationships: No law
Female to Female Relationships: Legal
Age of consent: Equal for heterosexuals and homosexuals
Marriage and Substitutes for Marriage: No law
Adoption: Yes
Is it possible to change your gender on official documents?: Yes, but only with sex reassignment surgery
Gay or lesbian able to serve in the armed forces: Yes

Your Views

Are you LGBTI? We want to hear from you! Help us inform other users of the site with your views on this country. Below is a random question about this country. If it is relevant to you please answer it.

Have you adopted as an LGBTI person in CHINA?

The majority of people visiting this site have said I would like to but it is illegal

I would like to but it is illegal (42%) Tried, but denied (0 %) Yes (14%) Yes, with my partner (0 %) Never tried (42%)

The CHINA country survey is populated by LGBTI groups who have acted as liaisons with ILGA to identify issues affecting the LGBTI community.

Organizations were asked to discuss 4 broad subjects: the law, the mood (the social climate), the LGBTI movement as well as what would be, according to them, the most pressing campaign in their country.

Please write to countryreport@ilga.org if you have comments regarding this page.

LAW
What are the laws and policies like for LGBTI people in your country?

Male to Male Relationships

Are male to male sexual relationships legal?
Legal

If unclear, how so?
N/A

Was it illegal at any given time in your country's history?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)

What is the name of this law? (if applicable - please give chapter and section)
Sodomy law is no longer punished after the revised criminal law implementation in 1997.

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
No law

Were there men in jail or punished for same sex activity in the last twelve months in your country?
N/A

Are hate crimes based on sexual orientation considered an aggravating circumstance?
N/A

Incitement to hatred based on sexual orientation is prohibited?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Female to Female Relationships

Are female to female sexual relations legal?
Legal

If unclear, how so?
N/A

Does the law applying for men also apply for women?
N/A

Was it illegal at any given time in your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
N/A

Were there women in jail or punished for same sex activity in the last twelve months?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Age of Consent

Are there any age of consent laws for straight men or women?
N/A

Are the age of consent laws different for straight women to those for men?
No

What is the age of consent for males?
N/A

What is the age of consent for females?
N/A

Is there a different age of consent law for lesbians and gay men to that for straight men and women?
Equal for heterosexuals and homosexuals

Is there a different age of consent law for lesbians to that for gay men?
N/A

What is the age of consent for gay women?
N/A

What is the age of consent for gay men?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Was the age of consent different between LGBTI/Hetero people in any given time of your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Freedom of association, of expression

Does the country have laws protecting freedom of expression?
No

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Does the country have laws protecting freedom of association?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Are public demonstrations (marches,protest,parades,etc) by sexual minorities permitted?
N/A

Were public authorities usually collaborative at last events?
No

Here you can list the various times this occurred and tell us what happened then
First Gay Pageant was canceled at the last minute.

There is censorship on homosexual movies. According to related regulations, audio and videos products, TV programs and movies with homosexual conducts are considered perverted, pornographic and are prohibited.

Did recent events see episodes of violence?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Links related to this section
N/A

Uploaded documents for this section
N/A

Marriage and Substitutes for Marriage

Is there any type of legal recognition for same sex relationships?
No

What types of same sex partnerships are recognized?
No law

If unclear, how so?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the country recognize same sex partnerships or marriages when couples immigrate?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

LGBTI Families/Parenting

Can gay or lesbian individuals adopt children?
Yes

In which areas can individuals adopt?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Can same sex couples adopt children together?
No

In which areas can couples adopt?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is second parent adoption by same sex couples legal?
N/A

In which areas is second parent adoption legal?
N/A

Legal recognition of parental role of a non biological parent
N/A

In which areas?
N/A

What is the name of the law (chapter,section...) ?
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Lesbians can receive donor insemination services and fertility treatments
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
No

In which areas?
There are just general provisions on the equality of employment in Peoples Republic of China (PRC) Labor Laws.

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of sexual orientation in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Are trade unions actively supporting LGBTI people in the country?
N/A

Laws banning discrimination on the basis of sexual orientation in social services
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Armed forces

Gay or lesbian able to serve in the armed forces
Yes

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Asylum and Immigration

Prohibition on entry into the country by LGB people
No

Country grants asylum on the basis of sexual orientation
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Blood donation

Is blood donation by men who have sex with men permitted?
No

Is blood donation by women who have sex with women permitted?
No

Is a man who’s had sex with another man banned from donating blood permanently?
N/A

Is a woman who’s had sex with another woman banned from donating blood permanently?
N/A

Is a man who’s had sex with another man banned from donating blood for a certain period of time?
N/A

How long is the ban?
People with HIV and those with multiple sex partners are not allowed to donate blood.

Is a woman who’s had sex with another woman banned from donating blood for a certain period of time?
N/A

How long is the ban?
N/A

Does a law mention this?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the full text of this law?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
N/A

Do the same laws that ban homosexuality apply for trans individuals?
N/A

Laws prohibiting discrimination on the ground of gender identity
No

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is transgenderism classified as an illness?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Were there individuals in jail or punished for being transgender in the last twelve months in your country?
N/A

Is sex reassignment treatment and/or surgery under legal control?
No

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your gender on official documents?
Yes, but only with sex reassignment surgery

What are the requirements for one to change their gender?
Individuals who have been diagnosed with Gender Identity Disorder (GID) and have completed genital surgery are able to obtain changed documents. Draft rules on sex change have been issued by the Ministry of Health. The individual must (a) be unmarried, (b) over the age of 20, (b) without a criminal record, (c) have lived publicly as a person of the opposite sex for at least two years, (d) have desired a sex change for at least five years, and (e) have undergone a year of psychological treatment, with no effect on their GID. Local police must also agree to issue a new identification card after the sex change. Individuals have been able to marry in the new sex. (Source: Jian gang Zhao, head of the NGO TransChina, Kunming, Yunnan, PRC)

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your name on official documents?
Yes, but only with sex reassignment surgery

What are the requirements to change your name?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of gender identity in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Laws banning discrimination on the basis of gender identity in social services
N/A

Trans individuals able to serve in the armed forces
N/A

Country grants asylum on the basis of gender identity
N/A

Does a law mention this?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Have the country’s citizens been granted asylum on the basis of gender identity?
N/A

Are hate crimes based on gender identity considered an aggravating circumstance?
No

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

HIV/AIDS

What estimated percentage of the population is HIV+?
N/A

Compulsory testing for HIV
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can place people with HIV in quarantine
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can ban foreigners with HIV from entry
Yes

What is the full text of this law?
Tourists and short term visitors have to declare their HIV status on the visa application form. No checks at the border; no certificates required.
HIV testing required for the grant of a long-term visa (6 months or more). Permits and entry are denied in case of a positive test result.
These regulations do not apply for Hong Kong and Macao. Deportations occurred until very recently. Random testing at border possible. Tourist visa are not granted if applicant declares HIV-positive status.

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can expel foreigners with HIV
Yes

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Antiretroviral drugs provided by the government
N/A

Please Specify
N/A

Links related to this section

Uploaded documents for this section

  • N/A

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