China’s current Penal Code (1997) contains no explicit prohibition of consensual sexual acts between persons of the same sex and all previous laws against homosexual sex have been removed.

Since October 1st, 2017, a system has been available for all adult citizens called “guardianship appointment”. The system grants couples some limited rights related to assets, wealth and inheritance. Same-sex couples who are eligible are permitted to register.

Since 2016, China censors LGBT content, including LGBT-themed films, TV shows, and media, under the General Principles for the Production of TV Drama Content which took effect in March 2016. 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.

In August of 2023, Chinese officials removed an LGBTQ song from the set list of popular Taiwanese pop star A-Mei, ahead of her concert in Beijing. Security guards at the event forced fans to remove rainbow symbols and clothing. On the 22nd of August, Chinese officials shut down a handful of popular social media accounts on the Chinese social networking service WeChat.

The civil law of the People's Republic of China allows for legal gender change and requires undergoing sex reassignment surgery

Transgender individuals have to receive approval from their family (even as adults) to receive gender-affirming care, and the Chinese government also lays out the following requirements to undergo GAC:
- Must be at least 18 years old
- Must have been diagnosed with gender dysphoria
- Must have continually demanded GRS for at least five years
- Must have no criminal record
- Must not be married

China does not legally recognize a third gender.

China does not have explicit protections for discrimination based on sexual orientation or gender identity.

There are no protections specifically protecting an individual’s sexual orientation or gender identity from discrimination in employment.

In January 2020, a transgender person emerged victorious in a lawsuit against workplace discrimination. However, the ruling only applies to this specific case.

China does not have explicit protections for housing discrimination based on sexual orientation or gender identity.

China does not allow same-sex couples to adopt. However, there are no laws banning single gay people from adopting children.

China does not ban “normalization” surgery performed on intersex infants.

There are reports that such surgeries are widespread, often performed in secret due to social stigma.

China’s policy on homosexuals serving in the military is unclear. There appears to be no explicit ban, though some reports suggest that gay individuals are subject to a “Don’t Ask, Don’t Tell” situation in the military, the policy the U.S. formerly had. Regarding transgender and bisexual individuals, there is no information available.

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 on lesbians and celibate gay men from donating blood.

China does not have a ban on conversion therapy that seeks to change an individual’s sexual orientation or gender identity, and public hospitals and private clinics continue to offer it.

The age of consent in China is 14 for both same-sex and opposite sex couples.