Laws of the People's Republic of China

MARRIAGE LAW OF THE
PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Third Session of the Fifth National People's Congress
and promulgated by Order No. 9 of the Chairman of the Standing
Committee of the National People's Congress on September 10,
1980, and effective as of January 1, 1981)

SUBJECT: FAMILY LAW

ISSUING-DEPT: NATIONAL PEOPLE'S CONGRESS

ISSUE-DATE: 09/10/1980

IMPLEMENT-DATE: 01/01/1981

LENGTH: 901 words

TEXT:

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II MARRIAGE CONTRACT

CHAPTER III FAMILY RELATIONS

CHAPTER IV DIVORCE

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

[Article 1] This Law is the fundamental code governing marriage and family relations.

[Article 2] A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.

The lawful rights and interests of women, children and old people shall be protected.

Family planning shall be practised.

[Article 3] Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited.

Bigamy shall be prohibited. Maltreatment and desertion of one family member by another shall be prohibited.

CHAPTER II MARRIAGE CONTRACTS

[Article 4] Marriage must be based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party, and no third party may interfere.

[Article 5] No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.

[Article 6] No marriage may be contracted under any of the following circumstances:

(1) If the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; or

(2) If the man or the woman is suffering from leprosy, a cure not having been effected, or from any other disease which is regarded by medical science as rending a person unfit for marriage.

[Article 7] Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office. If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband-and-wife relationship shall be established as soon as they acquire the marriage certificates.

[Article 8] After a marriage has been registered, the woman may become a member of the man's family or vice versa, depending on the agreed wishes of the two parties.

CHAPTER III FAMILY RELATIONS

[Article 9] Husband and wife shall have equal status in the family.

[Article 10] Both husband and wife shall have the right to use his or her own surname and given name.

[Article 11] Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party may restrict or interfere with the other party.

[Article 12] Both husband and wife shall have the duty to practise family planning.

[Article 13] The property acquired by the husband and the wife during the period in which they are under contract of marriage shall be in their joint possession, unless they have agreed otherwise.

Husband and wife shall enjoy equal rights in the disposition of their jointly possessed property.

[Article 14] Husband and wife shall have the duty to maintain each other.

If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.

[Article 15] Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.

If parents fail to perform their duty, children who are minors or are not capable of living on their own shall have the right to demand the costs of upbringing from their parents.

If children fail to perform their duty, parents who are unable to work or have difficulty in providing for themselves shall have the right to demand support payments from their children.

Infanticide by drowning and any other acts causing serious harm to infants shall be prohibited.

[Article 16] Children may adopt either their father's or their mother's surname.

[Article 17] Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If children who are minors cause damage to the state, the collective or individuals, their parents shall have the duty to compensate for the losses financially.

[Article 18] Husband and wife shall have the right to inherit each other's property.

Parents and children shall have the right to inherit each other's property.

[Article 19] Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against them.

The father of a child born out of wedlock shall bear part or the whole of the child's living and educational expenses until the child can support himself.

[Article 20] The state shall protect lawful adoption. The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between foster-parents and foster-children.

The rights and duties in the relationship between a foster-child and his natural parents shall terminate with the establishment of his adoption.

[Article 21] Maltreatment and discrimination shall not be allowed between step-parents and step-children.