Same-sex marriage is not recognised in mainland China, and a same-sex marriage or civil partnership registered abroad is not recognised for Chinese legal purposes. That means partners do not automatically inherit from each other, make medical decisions for each other or share property as spouses do. However, Chinese law offers several tools that any two adults can use, including voluntary guardianship, wills, property co-ownership and written agreements, and used together they can provide a meaningful level of protection.
We advise couples of all backgrounds on these arrangements in a confidential and respectful way. This guide explains the options as of 2026. It is general information, and the right structure depends on your assets, nationality and family situation.
The legal starting point
Under the PRC Civil Code, marriage registration is available to "a man and a woman" who wish to marry (Article 1049). Marriage registries will not register a same-sex marriage, and the Civil Code's rules on marital community property, spousal inheritance and spousal maintenance do not apply to same-sex partners.
In practice this has several consequences:
- No automatic inheritance. A partner is not a statutory heir. Without a will, the estate generally passes to the deceased's spouse (if any), children and parents, then siblings and grandparents.
- No automatic community property. Property bought during the relationship belongs to whoever is registered as owner, unless there is evidence or an agreement showing otherwise.
- Limited say in medical decisions. Where a patient cannot decide, hospitals generally turn to close relatives, which does not include an unmarried partner.
- Foreign marriages not recognised. A same-sex marriage validly registered abroad generally has no effect in mainland Chinese law, including for property, inheritance and spousal visas.
Tool 1: Voluntary guardianship (意定监护)
Article 33 of the Civil Code allows an adult with full capacity to agree in writing, in advance, with a close relative or any other individual or organisation willing to act, that this person will be their guardian if they later lose all or part of their capacity. The guardian then performs guardianship duties, which can include managing property and making decisions about medical care and daily life, within the limits of the law.
For same-sex couples, voluntary guardianship is often the most important single document. It lets each partner choose the other, rather than leaving the choice to relatives. Practical points:
- The agreement must be in writing. Notarisation is not strictly required by the Civil Code but is strongly recommended and widely used, because it makes the document far easier to rely on with hospitals, banks and courts.
- Each partner signs their own agreement naming the other.
- The agreement can set out what the guardian may and may not do, and can be combined with instructions on medical treatment.
- It takes effect only when capacity is lost. For everyday matters, use a power of attorney.
Tool 2: Wills
Anyone with capacity can make a will leaving their personal property to anyone, including a partner (Civil Code Article 1133). Since 2021, the latest valid will prevails, and there are several valid forms: handwritten, written by another with two witnesses, printed with witnesses, audio or video, oral in an emergency, and notarised.
Points to watch:
- Reserved shares. A will must reserve a necessary share for a statutory heir who lacks the ability to work and has no source of income (Article 1141).
- Real estate in China passes under Chinese law, whatever the owner's nationality. See our inheritance guide for foreigners.
- Evidence. Families sometimes challenge wills in favour of a partner. A notarised will, or a will made with a lawyer and careful witnessing, is much harder to attack.
- Legacy-support agreements (遗赠扶养协议) are another option: a person can agree with someone other than a statutory heir that the latter will provide care in life and receive property on death.
Even without a will, a person who was dependent on the deceased or who provided substantial support may ask the court for an appropriate share of the estate (Article 1131), but this is discretionary and no substitute for a will. Our inheritance and wills team can help you choose the right form.
Tool 3: Property co-ownership
If you buy a home together, register it in both names and specify each person's share (按份共有) on the title, rather than relying on one partner's name. Keep records of who paid what, including the deposit, mortgage payments and renovation costs.
Where only one partner can be registered, for example because of purchase restrictions, a written agreement confirming the other partner's beneficial contribution and share helps, although it is weaker than registration, particularly against third parties. Be aware that bank loans, purchase eligibility rules and local restrictions can affect how you structure the purchase.
Tool 4: Cohabitation property agreements
Two adults can make a contract about property acquired while living together: how income and savings are pooled, who owns what, how shared expenses are split and what happens if the relationship ends. Such an agreement is interpreted under general contract principles rather than marriage law. It should be:
- in writing, signed by both, and bilingual if either partner is not a Chinese speaker;
- specific about assets, accounts and percentages;
- consistent with property registrations; and
- reviewed when circumstances change, such as a new home or a move abroad.
Tool 5: Powers of attorney and medical instructions
A power of attorney allows a partner to act for you in defined matters while you have capacity, such as dealing with a bank, a landlord or a government office, or collecting documents. A notarised power of attorney is generally accepted more readily. Some hospitals and cities also accept written advance instructions about medical treatment; practice varies, so combine these with voluntary guardianship.
A checklist for couples
| Risk | Recommended document |
|---|---|
| One partner loses capacity | Voluntary guardianship agreement (notarised) |
| Death of a partner | Will, ideally notarised; consider a legacy-support agreement |
| Home bought together | Registration as co-owners with specified shares |
| Pooled savings and income | Cohabitation property agreement |
| Everyday admin and emergencies | Power of attorney; medical instructions where accepted |
International couples and residence
Because foreign same-sex marriages are not recognised in mainland China, a foreign partner generally cannot obtain a Q1 family-reunion visa or residence permit on the basis of the relationship, and a partner of a foreigner working in China may not be accepted for a dependent S1 visa either. Each partner usually needs their own basis for residence, such as employment or study. Compare our guide to spouse visas and residence permits.
Hong Kong has its own legal system. In 2023 its Court of Final Appeal required the government to establish a framework for recognising same-sex partnerships; a bill to do so was voted down by the Legislative Council in September 2025, and the position there continues to develop. None of this changes mainland law.
Key takeaways
- Same-sex marriage is not recognised in mainland China, including marriages registered abroad.
- Voluntary guardianship under Article 33 lets partners choose each other as guardians.
- Wills, co-ownership registration, cohabitation agreements and powers of attorney fill most of the remaining gaps.
- Notarisation and careful drafting make documents much harder to challenge.
- Foreign partners usually need their own basis for residence in China.
Planning ahead is the best protection. If you would like help putting these documents in place, in English or Chinese, book a free, confidential consultation. Everything you share with us is treated in strict confidence.