GAY ADOPTION IN CHINA

The CCA shall not identify prospective adoptive referrals for homosexuals.
Legally, the Marriage Law of the People's Republic of China recognizes only
families formed by marriage of opposite sex and does not recognize the legality
of homosexual families, and the homosexual families are, therefore, not
protected by laws. From the Chinese medical point of view, the China Mental
Disorder Classification and Diagnosis Standard classifies homosexuality as
sexual obstruction, belonging to psychiatric disease of the kind of sexual
psychological barrier. In terms of the Chinese traditional ethics and customs
and habits, homosexuality is an act violating public morality and therefore not
recognized by the society. In accordance with the principle that adoption shall
not violate social ethics as set forth in the Adoption Law, foreign homosexuals
are not allowed to adopt children in China.

Is homosexuality legal in China?

There is no law in China that specifies whether same sex relations are legal or
illegal in China. Gay or lesbian groups are not recognized under Chinese laws
and regulations, and the rights of homosexuals are not specifically protected.

What is the general attitude in China towards gay men and

women?
Chinese traditions require people to get married and have a family. Parents
often start to pressure their offspring to find a spouse by their late twenties,
and sometimes even arrange the marriage on behalf of their children. Some
gay men and women pretend to be heterosexual and get married with
someone of the opposite sex in order to please their family and get along in
society, burying their true orientation. Such marriages are known as xingchun
, and women who unwittingly marry gay men are known as tongqi.
Current statistics indicate that one-to-five percent of the Chinese population is
gay. But these numbers are not conclusive because many gay people hide their
sexual orientation.
The situation is improving for gay people. Young people find it easier to accept
that friends or classmates have a different sexual orientation. Tolerance of gay
people in developed areas is greater than in underdeveloped areas. In general,
Chinese people are not frightened or offended to learn someone is gay, and do
not have violent reactions.

Are gay people at risk of prejudice or hate crimes in China?

It is possible that gay people may find themselves being discriminated against
or targeted for hate crimes, but it appears to be occurring less frequently as
time moves on. Anecdotally, gay bashing and related crimes in China seem to
be rare compared to some countries where homosexuality is considered a sin.
 Is being gay regarded as a mental health problem in China?

It was regarded as a mental health problem until 2001, when China removed
homosexuality from its mental illnesses list. Being gay is not now legally
considered a mental health problem in China, although some individuals may
feel it is.

Can gay people get married in China?

No. Chinese marriage law states that marriage should be between a male and a
female. Chinese law does not recognize gay marriage, though there are voices
calling for this.

Are gay marriages from foreign countries recognized in China,

for legal purposes such as hospital visits, wills and sharing
property?
Yes, in some ways. The Civil Law of China states that the legal rights of a
marriage are prescribed by the marriage law of the place where it is registered.
If a Chinese marries a foreigner in a country other than China, the marriage is
protected by the marriage law of that country up to a point. Based on the
Civil Law, China will not deny legal rights of lawful visitation, family reunions,
inheritance or joint property to gay couples married overseas.

Can gay couples adopt in China? What if they were married

abroad?
No. The Chinese Law of Adoption denies adoption applications that violate
social morality, and according to traditional Chinese customs and moral
codes, homosexual relations are contrary to social morality. Although some
rights of gay couples married abroad are acknowledged in China, this does not
extend to adopting children.

Can gay people teach in schools?

There are no laws or regulations that forbid teachers from being gay in China.
Whether the faculty and parents of students would accept an openly gay
teacher is a separate issue, and would depend on the individuals involved.
Many gay people choose to remain silent about their private lives at work, and
in turn people will generally not pry.