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 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.

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

Not only must transgender people notify their family (even as adults) to receive gender-affirming care but 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 requested surgery at least 5 years ago
- Must have no criminal record
- Must not be married
Unfortunately, attempts to begin surgery on oneself(often self-mutilation), and buying cheap hormones online are commonplace in China because of this.

China has made no law recognising the non-binary gender.

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

There are no protections specifically protecting LGBT people.

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

No protection laws are in place yet, that includes Hong Kong and Macau.

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

Intersex rights are very limited in China. There are reports that gender “normalization” surgeries on intersex infants and children were widespread, often performed in secret due to social stigma.

The “Don’t Ask, Don’t Tell” policy targets homosexuals and bisexuals; they cannot openly identify as LGBTQIA+ whilst simultaneously serving in the Chinese military due to bans.
Transgender people are banned from serving in the Chinese military.

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.

Although a Beijing court ruled conversion therapy illegal in 2014, there is no outright ban and the practice remains widespread throughout China.

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