Marriage in China: A Guide for Citizens and Foreigners

The institution of marriage in China has seen significant transformations, evolving from traditional arranged unions to modern, choice-based partnerships. The Marriage Law of the People’s Republic of China, enacted in 1980, codified many of these changes, aligning Chinese marriage customs more closely with international norms. However, navigating the marriage process in China can still be complex, especially for foreigners. This guide aims to shed light on the procedures, requirements, and considerations for those planning to tie the knot in China.

The Basics of Marriage in China

While Chinese citizens find the marriage process relatively straightforward, foreign citizens face a more complex journey when marrying a Chinese citizen or resident. It’s crucial to note that Chinese law requires at least one spouse to possess a residence permit in China for the marriage to be recognized.

Key Points to Remember:

• Same-sex marriages are not recognized under Chinese Marriage Law.
• There is an increasing trend in the use of prenuptial agreements in China.
• Certain categories of Chinese citizens, including active military personnel and those in sensitive government positions, are prohibited from marrying foreigners.

Step-by-Step Marriage Procedure

Step 1: Registration Application

• The process begins with the Chinese spouse filling out a marriage registration application form at the marriage registration office in their hukou place. A hukou is a household registration record that officially identifies a person as a permanent resident of an area, including essential personal information.

Step 2: Health and Birth Certificates

• Both parties must obtain birth and health certificates. They must visit a hospital designated by the marriage registration department for a health examination and certification. Foreign parties must obtain their birth certificates from their place of birth.

Step 3: Proof of Marriageability

• Both individuals need to provide a certificate of marriageability or single certificate, proving they are not married to anyone else in China or abroad. Foreign certificates must be translated into Chinese, with the applicants bearing the translation costs.

Step 4: Identification and Parental Consent

• Foreign fiancé(e)s must present their passport for identification. The Chinese partner needs to provide a letter from their parents giving permission to marry a foreigner and a copy of their hukou (Household Registration Book).

Step 5: Application Submission

• Once all paperwork is gathered, the couple submits their application along with all required certifications and information to the marriage office. A registration fee is payable at this stage.

Step 6: Approval and Registration

• Upon approval of the application, the couple becomes registered for marriage. Three photographs of the spouses are taken, after which they receive their marriage certificate.

Required Documents for Foreigners

When applying for a certificate of marriageability in China, foreign applicants must present the following items to their consulate or embassy:

• Notarized proof of the dissolution of any previous marriages
• Passport or other documents certifying identity and citizenship
• Certificate of Legal Capacity to Contract Marriage
• Chinese partner’s national ID card (shenfenzheng)
• Chinese partner’s hukou or residency permit

Practical Considerations

For foreign individuals planning to marry in China, it’s advisable to obtain necessary documents from their home country before traveling to China. This foresight can save considerable time and frustration during the application process. If a Chinese partner applies for a Certificate of Marriageability outside their home district, their hukou will be sent to their current location, which may add a few days to the process.

Prohibitions and Restrictions

It’s crucial to be aware that certain categories of Chinese citizens are prohibited from marrying foreigners. These include:

• Active military personnel
• Diplomatic personnel
• Public security personnel
• Confidential personnel and others in charge of important confidential work
• Persons undergoing re-education through labor or serving criminal sentences

Conclusion

While the process of getting married in China has become more aligned with international norms, it still presents unique challenges, especially for foreign citizens. The steps outlined above provide a general guide, but it’s important to remember that regulations can vary between different regions of China and may change over time.

For those planning to marry in China, especially in cases involving a foreign spouse, it’s highly recommended to consult with legal experts who specialize in Chinese marriage law. They can provide up-to-date, tailored advice based on your specific situation, ensuring that all legal requirements are met and the process goes as smoothly as possible.

Remember, marriage is not just a personal commitment but also a legal contract with significant implications. By understanding and carefully navigating the marriage process in China, couples can ensure that their union is not only emotionally fulfilling but also legally sound, providing a strong foundation for their life together in China.