1981.01.01
NATIONAL PEOPLE'S CONGRESS
MARRIAGE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
　(Adopted　 at　 the　 Third　Session　of　the　Fifth National People's
Congress　and　promulgated　 by　Order　No.　9　of　the　Chairman of the
Standing　Committee　of　the National　People's　Congress　on　September
10,　1980,　and effective as of January 1, 1981)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II MARRIAGE CONTRACT
CHAPTER III FAMILY RELATIONS
CHAPTER IV DIVORCE
CHAPTER V SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
　@@　 Article　 1.　 This　 Law　 is　 the　 fundamental code governing
marriage and family relations.
　@@　 Article　 2.　 A　 marriage　system　based　on the free choice of
partners,　on　monogamy　and　on equality between man and woman shall be
applied.
　The　 lawful　 rights　and interests of women, children and old people
shall be protected.
Family planning shall be practised.
　@@　 Article　 3.　Marriage　upon　arbitrary　decision　by　any　third
party,　mercenary　 marriage　 and　 any　other　acts of interference in
the　freedom of marriage　shall　be prohibited. The exaction of money or
gifts　in connection with　marriage shall be prohibited. Bigamy shall be
prohibited.　Maltreatment　and desertion of one family member by another
shall be prohibited.
CHAPTER II MARRIAGE CONTRACTS
　@@　 Article　 4. Marriage must be based upon the complete willingness
of　both　man　and　woman. Neither party may use compulsion on the other
party, and no third party may interfere.
　@@　 Article　 5.　 No　marriage　may be contracted before the man has
reached　22　years　 of　age　and　the　woman　20　years　of　age.　Late
marriage and late childbirth shall be encouraged.
　@@　 Article　 6.　 No　 marriage　may　be contracted under any of the
following
circumstances:
　(1)　 if　 the　 man　and　the woman are lineal relatives by blood, or
collateral relatives by blood up to the third degree of kinship; or
　(2)　 if　the　man　or the woman is suffering from leprosy, a cure not
having　been　 effected,　 or　 from　 any　 other　 disease　 which　is
regarded by medical science as rending a person unfit for marriage.
　@@　 Article　 7.　 Both　the man and the woman desiring to contract a
marriage　shall　 register　in　person　with　the　marriage registration
office.　If　the　proposed　 marriage　 is　found　to　conform　with the
provisions　of　this Law, the couple　shall　be　allowed to register and
issued　marriage certificates. The husband-and-wife　relationship　shall
be established as soon as they acquire the marriage certificates.
　@@　 Article　 8.　After a marriage has been registered, the woman may
become　a　member　 of　the man's family or vice versa, depending on the
agreed wishes of the two parties.
CHAPTER III FAMILY RELATIONS
@@　Article 9. Husband and wife shall have equal status in the family.
　@@　 Article　10.　Both　husband　and wife shall have the right to use
his or her own surname and given name.
　@@　 Article　 11.　 Both　 husband and wife shall have the freedom to
engage　 in　 production　　and　　other　 work,　 to　 study　 and　 to
participate　 in　 social　activities;　neither　party　may　restrict or
interfere with the other party.
　@@　 Article　 12.　 Both　husband　and　wife　shall　have the duty to
practise family planning.
　@@　 Article　13.　The　property　acquired by the husband and the wife
during　the　period　in　which they are under contract of marriage shall
be in their joint possession, unless they have agreed otherwise.
　Husband　and　wife　shall　enjoy　equal　rights　in the disposition of
their jointly possessed property.
　@@　 Article 14. Husband and wife shall have the duty to maintain each
other.
　If　 one　 party　 fails　to　perform　this duty, the party in need of
maintenance　shall　have　the　right to demand maintenance payments from
the other party.
　@@　Article　15.　Parents　shall have the duty to bring up and educate
their　children;　children　shall　have　the　duty to support and assist
their parents.
　If　 parents　 fail　to perform their duty, children who are minors or
are　not capable　of　living on their own shall have the right to demand
the costs of upbringing from their parents.
　If　 children　 fail　to perform their duty, parents who are unable to
work　or　have　 difficulty　 in providing for themselves shall have the
right to demand support payments from their children.
　Infanticide　 by　 drowning and any other acts causing serious harm to
infants shall be prohibited.
　@@　 Article　 16.　 Children may adopt either their father's or their
mother's
surname.
　@@　Article　17.　Parents　shall　have　the　right and duty to subject
their　children　 who　 are minors to discipline and to protect them. If
children　who　are　minors　cause damage to the state, the collective or
individuals,　their　parents　shall　have the duty to compensate for the
losses financially.
　@@　 Article　 18.　 Husband　 and