LGBT Rights in Shanghai Municipality

Shanghai is governed by federal China law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Civil unions (limited rights)
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Ambiguous
    Military
    Ambiguous
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Shanghai

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Homosexual activity in Shanghai is legal.

Current status
Since Mar 14, 1997
Legal
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.
1949–Mar 14, 1997
Illegal (imprisonment as punishment)
After the Communist Party led by Mao Zedong came to power in 1949, they "stamped out anything they deemed deviant or decadent." During the 1960's and 70's, which was during the Cultural Revolution, gay people were subjected to public humiliation and long prison terms.
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Legal
The 1911 Revolution ended China's final imperial dynasty, the Qing dynasty, and led to the establishment of the Republic of China. The explicit prohibition of ji jian (homosexual anal intercourse) was abolished by the succeeding states.
Sources:
history.state.gov/milestone…~:text=In%20October%20of%201911%2C%20a,and%20ending%20the%20imperial%20system.
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Legal
The Qing Dynasty decriminalized being gay in 1907 in an attempt to modernize, leading the succeeding states to have no anti-gay laws
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1740–1907
Illegal (imprisonment as punishment)
During the Qing Dynasty, an anti-homosexual law was introduced and was publicized. The punishment was one month in prison and 100 heavy blows with heavy bamboo. This was the lightest punishment that existed in the entire Qing legal system.
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1546–1740
Illegal (other penalty)
During the Jiajing reign of the Ming Dynasty, the first statute that prohibited homosexual sex came to be. "Whoever inserts his penis into another man's anus for lascivious play, shall receive 100 blows of the heavy bamboo.
Until 1546
Legal
In ancient China, homosexuality was widely accepted and viewed as normal. During the Liu Song Dynasty, there were writings which indicated that homosexuality and heterosexuality were equally as common. Some Emperor's, for example the Zhengde Emperor and the Tianqi Emperor had relationships with men and women, and Emperor Ai may have been homosexual.

Same-sex marriage in Shanghai

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Same-sex marriage in Shanghai is civil unions (limited rights).

Current status
Since Oct 1, 2017
Civil unions (limited rights)
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.
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Jan 1, 1981–Oct 1, 2017
Banned
The Marriage Law of the People's Republic of China which went into effect on January 1st, 1981, defines marriage as between a man and a woman. However, there wasn’t an explicit ban on same-sex civil unions, so the door has been left open for these.
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Censorship of LGBT issues in Shanghai

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Censorship of LGBT issues in Shanghai 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.

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.

Right to change legal gender in Shanghai

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

Current status
Since Apr 12, 1986
Legal, but requires surgery
The civil law of the People's Republic of China allows for legal gender change and requires undergoing sex reassignment surgery
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Until Apr 12, 1986
Illegal
Legal gender change is impossible
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Gender-affirming care in Shanghai

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Gender-affirming care in Shanghai is legal.

Current status
Since 2002
Legal
In 2002, China adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Apr 7, 19812002
Legal, but restricted for minors
In 1981, the first sex reassignment surgery in China's history took place, and standards of care for transgender patients were also established, which was confirmed by the adoption of the ICD classification in 1987
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Until Apr 7, 1981
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in Shanghai

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

Current status
Not legally recognized under federal China law
China has made no law recognising the non-binary gender.
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LGBT discrimination in Shanghai

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LGBT discrimination in Shanghai is no protections.

Current status
No protections
China does not have protections for housing discrimination.
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LGBT employment discrimination in Shanghai

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LGBT employment discrimination in Shanghai is no protections.

Current status
No protections
Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.
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LGBT housing discrimination in Shanghai

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LGBT housing discrimination in Shanghai is no protections.

Current status
No protections
No protection laws are in place yet, that includes Hong Kong and Macau.
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Same-sex adoption in Shanghai

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Same-sex adoption in Shanghai 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.
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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.

Intersex infant surgery in Shanghai

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Intersex infant surgery in Shanghai is ambiguous.

Current status
Ambiguous
Intersex rights are very limited in China. Issues include both the lack of access to health care for intersex people and coercive genital surgeries for intersex children.
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Serving openly in military in Shanghai

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Serving openly in military in Shanghai is ambiguous.

Current status
Since Oct 1, 1949
Ambiguous under federal China law
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.
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Blood donations by MSMs in Shanghai

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Blood donations by MSMs in Shanghai 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.
1998–Jul 1, 2012
Banned (indefinite deferral)
In 1998, China banned homosexual men and women from donating blood out of fear of spreading HIV.

Conversion therapy in Shanghai

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Conversion therapy in Shanghai 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.

Equal age of consent in Shanghai

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Equal age of consent in Shanghai 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.
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