Marriage Information
Information About Getting Married In China
American citizens contemplating marriage in China, either to a Chinese citizen or to another foreigner, should review the following general information on Chinese Government procedures. Marriages in China are registered according to the laws of China, regardless of the nationality of those being married. Contrary to popular notion, American diplomatic and consular officers do not have the authority to perform marriages and are not required to witness the marriages of American citizens. One reason for this is that under the U.S. Constitution the administration of civil affairs is one of the powers reserved to the various states. Thus, as Federal Government employees, American consular officers are prohibited from usurping this state role.
The current Marriage Law of the People's Republic of China was passed in September 1980 and went into force on January 1, 1981. Under this law, marriage registration procedures are administered by the local civil affairs office, minzhengju, in each jurisdiction. Persons planning to marry should visit one of these offices for specific information. If one of the partners is a Chinese citizen, the appropriate civil affairs office is located where the Chinese citizen is registered (the location of the hukou).
In general, two foreigners are unlikely to be able to register a marriage in China.
Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners.
Upon receipt of an application to register a marriage, the civil affairs office will seek confirmation that both parties are of minimum marriageability age (generally 22 for men and 20 for women) and that both parties are single and otherwise free to marry. Effective October 1, 2003, persons who have been married previously will no longer be asked to submit original or certified copies of final divorce or annulment decrees, or of death certificates if widowed. No health certificate will be required. The American partner to a marriage in China will generally be asked to submit the following:
- a current passport, and
- a notarial certificate of marital status issued by the foreigner’s relevant governmental authorities and authenticated by the Chinese consulate having jurisdiction over the individual’s place of residence, including the foreigner’s name, sex, date of birth, place of birth, and marital status.
Absent the foregoing notarial certificate of marital status, a "certification of marriageability" can be prepared at the Consulate on the basis of an affidavit in which the American citizen swears or affirms before a consular officer that he or she is currently legally eligible to marry (persons who have previously been married need to show a certified divorce decree, annulment decree, or death certificate to the Consulate when preparing this certificate). However, there is no guarantee that the Chinese civil affairs authorities will accept a Consulate affidavit. We must emphasize that marriage in China falls under the authority of the laws of China, and that the Chinese civil affairs authorities have final say over which documents they can require and will accept in order to approve a marriage.
All English-language documents submitted to the Chinese civil affairs authorities must be translated into Chinese. Translations should be certified either by the Chinese Embassy/Consulate in the individual’s country of residence or obtained from and certified by a notary public office in China.
The Chinese partner to the marriage will be asked to submit the following
household registration book
a written statement executed at the marriage registration office stating that he/she has no spouse and that his/her partner to the marriage are not lineal relatives by blood or collateral relatives by blood within three generations.
Both parties to the marriage must personally appear at a civil affairs office to register their marriage. The appropriate civil affairs office will be the one in the jurisdiction in which the Chinese citizen is registered (the location of the hukou).
Three photos of the marrying couple, taken together, need to be submitted and
a registration fee must be paid. If all documents are in order and no grounds for refusal are found, a marriage certificate will be issued the same day.
American Citizen Services Unit
U.S. Consulate General
Guangzhou