CHINA: PROTECTION OF WOMEN'S RIGHTS AND INTERESTS (2022 Revision)

CHAPTER VII MARRIAGE AND FAMILY RIGHTS AND INTERESTS

Article 60 The state guarantees that women enjoy equal rights to marriage and family with men.

Article 61 The state protects women's right to autonomy in marriage. Interfering with women's freedom of marriage and divorce is prohibited.

Article 62 The state encourages both men and women to jointly undergo medical examinations or relevant health examinations before marriage registration.

Article 63 The marriage registration authority shall provide marriage and family counseling services and guide the parties to establish an equal, harmonious and civilized marriage and family relationship.

Article 64 During the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy, the man may not file for divorce; however, the woman proposes divorce or the people's court deems it necessary to accept the man's request for divorce.

Article 65: Domestic violence against women is prohibited.

Relevant departments of people's governments at or above the county level, judicial organs, social organizations, enterprises, public institutions, grassroots self-governing mass organizations, and other organizations shall prevent and stop domestic violence within the scope of their respective responsibilities, and provide assistance to women victims in accordance with the law.

Article 66 Women enjoy equal rights to possess, use, benefit from, and dispose of common property with their spouses, regardless of the income status of both parties.

For real estate jointly owned by husband and wife and movable property that can be registered jointly, the woman has the right to request that her name be recorded on the ownership certificate; In case of objection to the registration, the relevant institution shall go through the corresponding registration procedures according to the law according to the application.

Article 67 During the divorce proceedings, if one of the spouses applies to inquire about the status of property registered in the other party's name and cannot collect it by himself due to objective reasons, the people's court shall conduct investigation and evidence collection, and relevant departments and units shall provide assistance.

During the divorce proceedings, both husband and wife have the obligation to declare all the joint property of the husband and wife to the people's court. Where one party conceals, transfers, sells off, destroys, squanders the joint property of the husband and wife, or forges joint debts of the husband and wife in an attempt to embezzle the property of the other party, when the joint property of the husband and wife is divided in divorce, the party may receive less or no property.

Article 68 Both husband and wife shall jointly shoulder family responsibilities and take care of family life together.

If the woman bears more obligations in raising children, taking care of the elderly, assisting the man in work, etc., she has the right to demand compensation from the man when she divorces. The compensation method shall be determined by agreement between the two parties; if the agreement fails, a lawsuit may be brought to the people's court.

Article 69 In the event of divorce, the division of the house jointly owned by the husband and wife or the disposal of the house rented by the husband and wife shall be resolved by agreement between the two parties; if the agreement fails, a lawsuit may be filed in a people's court.

Article 70 Both parents have equal guardianship rights over their minor children.

Where the father dies, is incapable of guardianship, or is otherwise unable to act as the guardian of a minor child, no organization or individual may interfere with the mother's guardianship.

Article 71 Where the woman loses her ability to bear children, when dealing with the issue of child custody in a divorce, the woman's request for support shall be given priority under the conditions that are most beneficial to the minor children.

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