Recognition of same-sex unions in China

Recognition of same-sex unions in China

China does not recognize same-sex marriage or civil unions. But since October 1, 2017, adults can choose a guardian to help with important decisions like medical care and property matters. Some same-sex couples use this system for legal help, but they can face difficulties.

In Hong Kong, same-sex partners of local residents can get special work permits to live there. Government employees in same-sex relationships receive the same benefits as married couples, including medical care and joint tax payments. Hong Kong courts have supported equal treatment for same-sex couples in areas like inheritance.

Attempts to change the law for same-sex marriage in 2020 were not successful, but more people in China are starting to support legal recognition of same-sex relationships.

Immigration, tax and inheritance rights

Beijing

Beijing lets foreign partners of legal foreign residents live together, even in a same-sex relationship. But it is not sure if this also helps partners of local Chinese residents. This rule began on 1 July 2013 and only works in Beijing. It mostly helps foreign workers whose partners can now stay with them in Beijing.

Hong Kong

Main article: Recognition of same-sex unions in Hong Kong

In 2014, a government worker in Hong Kong married his same-sex partner in New Zealand. He asked to update his work status so his partner could get the same benefits, like medical care, but was refused. After a legal fight, the highest court ruled in 2019 that the government must treat same-sex spouses the same as opposite-sex spouses for benefits. By 2020, rules changed so any married person, including those in same-sex marriages, can choose joint tax options and sponsor their spouse for a visa to live in Hong Kong.

In 2017, a court decided that a lesbian worker living abroad could stay in Hong Kong with her partner. This was challenged but upheld in 2018. In 2020, another court ruled that same-sex couples should have equal rights when inheriting property. In 2021, a court also decided that both mothers in a lesbian couple should have equal rights to care for their children, even if one is not the birth mother.

Guardianship system

In March 2017, Chinese law changed so that any adult can choose their own guardian by agreement. Before this, only older adults or those with reduced mental capacity could choose a guardian. The new rule started on 1 October 2017. It lets adults pick a guardian to help with important decisions if they ever can't make choices themselves.

This system helps adults plan for times when they might need support with medical care, personal decisions, or managing property. Some same-sex couples have used this system to get some legal protections. Many people see it as a helpful first step, and it has been used in several places across China.

Same-sex marriage

Same-sex relationships have been part of China's history for a long time. In the past, there were stories of men who loved each other and lived together.

Today, China does not allow same-sex marriages. In 2016, a court turned down a request from a man who wanted to marry his male partner. The man planned more weddings to show support for love between people of the same gender.

In 2021, a court said that same-sex couples could not share property rights like married couples. This means couples might not share homes or money the same way married couples can.

Some people in China have tried to change the law to allow same-sex marriage. In 2003, 2005, 2006, and 2008, a scholar named Li Yinhe suggested changing the marriage law. But these ideas were not accepted. In 2019, many people signed petitions to support same-sex marriage, but the government said the law would not change. Some leaders said same-sex marriage might be possible in the future, but not right now.

Public opinion

A survey from 2009 showed that over 30% of people in Beijing supported allowing people of the same sex to marry. In 2014, a survey found that 74% of people in Hong Kong supported giving same-sex couples some benefits of marriage.

In 2015, a poll of Chinese people found that 29% supported same-sex marriage, and another 29% supported civil unions. Support is often higher among younger people. A survey from 2016 showed that 54% of people aged 18–21 supported same-sex marriage in China.

In 2017, a poll in Hong Kong found that over half of people supported same-sex marriage. A poll in 2022 found that most young people in Hong Kong thought LGBT people should be treated fairly.

In 2019, a large online poll showed that most people in China supported same-sex marriage. In 2021, a poll showed that many Chinese people supported same-sex marriage or civil partnerships. A poll in 2024 found that over half of Chinese people agreed that same-sex couples should be able to marry.