LGBT Rights in China

Homosexuality
⚢
✔ Legal
Marriage
⚭
✖ Not legal
Changing Gender
✔ Legal, but requires surgery
Adoption
✖ Illegal
Discrimination
✖ No protections
Employment Discrimination
✖ No protections
Housing Discrimination
Varies by Region
Military
✖ Illegal
Donating Blood
✖ Banned (indefinite deferral)
Age of Consent
✔ Equal
Conversion Therapy
✔ Banned

Public Opinion

"Should Society Accept Homosexuality?"

China ranks #24 out of 39 countries surveyed. (Source: Pew Research Center, June 4, 2013)

(57%) No

Yes (21%)

History

Homosexual activity in China

Current status
(since 1997)

Legal

Homosexuality was decriminalized in China in 1997 and was declassified as a mental disorders in 2001. According to a 2010 report by IGLHRC, "the Chinese government has remained largely silent on the issue of homosexuality."

Details · Accurate? Yes No

Same-sex marriage in China

Dec 4, 1982–Sep 17, 2018

Unregistered cohabitation

Recognized for some limited purposes in Beijing. Civil Unions pending. Their was a symbolic First Gay marriage in China in 2009. As well as in Beijing.

Gay unions and gay marriage pending in Hong Kong. Foreign marriage recognition in Hong Kong.

Details · Accurate? Yes No

Current status
(since Dec 4, 1982)

Not legal

There are no laws in China recognizing same-sex relationships or marriage.

Details · Accurate? Yes No

Right to change legal gender in China

Jan 1, 2011–Sep 1, 2018

Ambiguous

Sex change laws are vague. Missing non binary options on documents.

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Same-sex adoption in China

Dec 4, 1982–Sep 6, 2018

Varies by Region

Single nationwide. but laws might be pending for same sex couples in some areas.

Details · Accurate? Yes No

Current status
(since Dec 4, 1982)

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.

Details · Accurate? Yes No

LGBT discrimination in China

Mar 6, 2018–Sep 8, 2018

Illegal in some contexts

Some protections in certain regions of china. Full Employment discrimination protections in Macau. Government Discrimination protection in Hong Kong.

Details · Accurate? Yes No

Current status

No protections

Details · Accurate? Yes No

LGBT employment discrimination in China

Jan 1, 1982–Sep 9, 2018

Varies by Region

Some discrimination protections in certain regions of China. Currently a lawsuit is under way to get some discrimination protections in another region.

Details · Accurate? Yes No

Current status

No protections

Under Chinese Labour Law, there are no protections specifically protecting LGBT people.

Details · Accurate? Yes No

LGBT housing discrimination in China

Current status

Varies by Region

Details · Accurate? Yes No

Homosexuals serving openly in military in China

Current status
(since Oct 1, 1949)

Illegal

Details · Accurate? Yes No

Oct 1, 1949–Sep 5, 2018

Legal

More gay friendly than in the USA. Discrimination protections pending regionally.

Details · Accurate? Yes No

Blood donations by MSMs in China

Jul 1, 2012–Sep 8, 2018

Banned (1-year deferral)

Only for gay men.

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

1998–Jul 1, 2012

Banned (indefinite deferral)

In 1998, China banned homosexual men and women from donating blood out of fear of spreading HIV.

Details · Accurate? Yes No