Marriage Law Of The People's Republic Of China

Marriage Law Of The People's Republic Of China

Order of the President of the People's Republic of China [1980] No.9

September 10, 1980

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 of January 1, 1981

Context
Chapter I General Provisions
Chapter II Marriage Contracts
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 bellowed to register and issued marriage certificates.
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