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LGBT Rights in China

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Other type of partnership
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    Ambiguous
    Housing Discrimination
    Varies by Region
    Adoption
    ✖ Single only
    Military
    Ambiguous
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #21 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(19%) Against
Support (63%)

Views on same-sex couples' right to adopt

Ranked #16 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(30%) Disagree
Agree (66%)

Acceptance of homosexuals as neighbors ?

Ranked #64 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)
(70.8%) Mentioned homosexuals
Did not mention homosexuals (27.7%)

Justifiability of homosexuality ?

Ranked #60 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)
(80.4%) Not justifiable
Justifiable (8.4%)

Opinion on same-sex couples as parents ?

Ranked #53 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)
(59.8%) Disagree
Agree (11.5%)

"Should society accept homosexuality?" (2013) ?

Ranked #24 out of 39 regions surveyed. (Source: Pew Research Center, June, 2013)
(57%) No
Yes (21%)

Perceived Acceptance of Gay People ?

Ranked #69 out of 119 regions surveyed. (Source: Gallup, 2013)
(53%) Not a good place
Good place (14%)

History

Homosexual activity in China

?

Homosexual activity in China is legal.

Current status
Legal
While no laws ever existed to criminalize sodomy, homosexual can still be classified as a mental disorder.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in China

?

Same-sex marriage in China is other type of partnership.

Current status
Since Oct 1, 2017
Other type of partnership
Since October 1st, 2017, a system that is in use for same-sex couples was enacted called "legal guardianship" or "guardianship agreement". The system grants same-sex couples some limited rights such as medical care, property management and other additional rights that can expressed through different documents the couple may sign.

Additionally, Beijing provides dependent residency status to foreign same-sex couples since the 1st of July 2013.

In Hong Kong, several court decisions and most notably court case Leung Chun Kwong v Secretary for the Civil Service granted same-sex couples limited rights and benefits in the realm of immigration, tax rights and inheritance.
Added by SunnyDex  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 2017–Oct 1, 2017
Not legal
There are no laws in China recognizing same-sex marriage in China. But Chinese activists say that legality may happen in the next couple of decades.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in China

?

Censorship of LGBT Issues in China is state-enforced.

Current status
State-enforced
China censors LGBT content, including LGBT-themed films, TV shows, and media. According to The Guardian, the Chinese government has "banned all depictions of gay people on television," calling it "vulgar, immoral and unhealthy content." The popular "boy love" (BL) TV drama "Addicted" was banned in 2016.

A Chinese broadcaster, Mango TV, which broadcasts Eurovision blurred a rainbow flag during the semi-final of the show.

In April of 2022, a few lines of dialog were removed from the Chinese release of the film 'Fantastic Beasts: The Secrets of Dumbledore.' The dialog referenced the gay romance between Albus Dumbledore and Gellert Grindelwald.

Right to change legal gender in China

?

Right to change legal gender in China is legal, but requires surgery.

Current status
Legal, but requires surgery
"Sex change operation technical management standard" allows surgeries, and "Reply on household registration change gender related issues after the project's citizens Transsexual" by the Police Ministry allowed the legal gender to be changed.
Added by Icenowy  ·  1 accurate vote  ·  Report Error  ·  Log

Jan 1, 2011–Sep 1, 2018
Ambiguous
Sex change laws are vague. Missing non binary options on documents.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in China

?

Legal recognition of non-binary gender in China is not legally recognized.

Current status
Not legally recognized
According to Wikipedia.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in China

?

LGBT discrimination in China is no protections.

Current status
No protections
No protections for housing discrimination
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in China

?

LGBT employment discrimination in China is ambiguous.

Current status
Ambiguous
“All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China.

All citizens of the People's Republic of China are equal before the law.

The state shall respect and protect human rights.”
Sources:
basiclaw.gov.hk/en/constitu…~:text=Article%2033,respect%20and%20protect%20human%20rights.
Added by CHR0LL0PH0BICCC  ·  1 accurate vote  ·  Report Error  ·  Log

Until Nov 30, -0001
No protections
Under Chinese Labour Law, there are no protections specifically protecting LGBT people.
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in China

?

LGBT housing discrimination in China is varies by region.

Current status
Varies by Region
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in China

?

Same-sex adoption in China is single only.

Current status
Since Sep 6, 2018
Single only
Single nationwide. but laws might be pending for same sex couples in some areas.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 4, 1982–Sep 6, 2018
Illegal
The China Center of Adoption Affairs (CCAA) does not allow same-sex couples to adopt, nor does it allow foreign same-sex couples to adopt a baby from China.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in China

?

Serving openly in military in China is ambiguous.

Current status
Since Oct 1, 1949
Ambiguous
For homosexuals the policy is don't ask don't tell banned for transgenders
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in China

?

Blood donations by MSMs in China is banned (indefinite deferral).

Current status
Since Jul 1, 2012
Banned (indefinite deferral)
Homosexual men who are sexually active with other men can not donate blood in China, however, in 2012, the Chinese Ministry of Health lifted the ban against lesbians donating blood.
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

1998–Jul 1, 2012
Banned (indefinite deferral)
In 1998, China banned homosexual men and women from donating blood out of fear of spreading HIV.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in China

?

Conversion therapy in China is not banned.

Current status
Not banned
Although a Beijing court ruled conversion therapy illegal in 2014, there is no outright ban and the practice remains widespread throughout China.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in China

?

Equal age of consent in China is equal.

Current status
Since Oct 1, 1949
Equal
The age of consent in China is 14 for both same-sex and opposite sex couples.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log


LGBT Rights by province

View the LGBT laws in each individual province of China.