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
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, 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 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 (2) if the man or the woman is suffering from leprosy, a cure not having been effected, or from any other disease Article 7. Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office. 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
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 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 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 Article 15. Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist If parents fail to perform their duty, children who are minors or are not capable of living on their own shall have the If children fail to perform their duty, parents who are unable to work or have difficulty in providing for themselves 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 Article 18. Husband and wife shall have the right to inherit each other’s property. Parents and children shall have the right to inherit each other’s property. Article 19. Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against The father of a child born out of wedlock shall bear part or the whole of the child’s living and educational expenses Article 20. The state shall protect lawful adoption. The relevant provisions of this Law governing the relationship between The rights and duties in the relationship between a foster-child and his natural parents shall terminate with the establishment Article 21. Maltreatment and discrimination shall not be allowed between step-parents and step-children. The relevant provisions of this Law governing the relationship between parents and children shall apply to Article 22. Grandparents who can afford it shall have the duty to bring up their grandchildren who are minors and whose parents Article 23. Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers or sisters who
CHAPTER IV DIVORCE Article 24. Divorce shall be granted if husband and wife both desire it. Both parties shall apply to the marriage registration Article 25. If one party alone desires a divorce, the organization concerned may carry out mediation or the party may appeal In dealing with a divorce case, the people’s court should carry out mediation; divorce shall be granted if Article 26. If the spouse of a soldier in active service desires a divorce, the soldier’s consent must be obtained. Article 27. A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of the child. This Article 28. If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall apply for Article 29. The relationship between parents and children shall not come to an end with the parents divorce. After divorce, After divorce, both parents shall still have the right and duty to bring up and educate their children. In principle, the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the Article 30. If, after divorce, one parent has been given custody of a child, the other parent shall bear part or the whole The agreement or court judgment on the payment of a child’s living and educational expenses shall not prevent Article 31. At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed Article 32. At the time of divorce, debts incurred jointly by the husband and the wife during their married life shall be paid out Article 33. If, at the time of divorce, one party has difficulty in supporting himself or herself, the other party shall render
CHAPTER V SUPPLEMENTARY PROVISIONS Article 34. Persons violating this Law shall be subject to administrative or legal sanctions in accordance with the Article 35. In cases where a person refuses to abide by the judgments or rulings on costs of upbringing, maintenance or support payments, Article 36. The people’s congresses of national autonomous areas and their standing committees may formulate certain adaptations Article 37. This Law shall come into force as of January 1, 1981. The Marriage Law of the People’s Republic of China promulgated on May 1, 1950 shall be invalidated as of the day this
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