What proposed changes are being considered for China's marriage registration regulations, and what could be the impacts?

Permanent household residence is on the verge of being phased out from the required documents for marriage and divorce registrations in China.

Marriage registration in China is expected to require fewer documents and offer more flexibility in registration locations, according to a new draft revision on marriage registration released on Aug. 12 to gather public feedback.

According to the draft revision, the requirement for "户口" (hukou) or permanent household residence, is now on the verge of being phased out from the required documents for marriage and divorce registrations.

The revised draft also lifts the restriction on the marriage registration locations. At present, couples are required to go to the marriage registration offices within the regions of their permanent residence to complete the procedure.

Screenshot of some segments from the revised draft, with notes and marks on the changes (in red), by Beijing Scroll

The requirement of a permanent household residence for marriage was officially implemented in 1986. Once the new draft plan are passed and implemented, they will directly abolish the connection between hukou system and marital registration that has been in place for 38 years.

Discussions regarding the marriage registration process have been ongoing for quite some time. As early as last year, there was an inquiry on the website of China's Ministry of Civil Affairs (MCA) questioning the necessity of this particular document for marriage registration.

The effectiveness of the hukou system has been questioned by some, who argue that it serves as a de facto identity card and imposes restrictions on the freedom to marry. As a result, there have been proposals for its removal.

For example, when I got married in 2021, I had to request my resident household registration book from the collective household residence system through the organization I work for, as I did not have my own apartment to register my permenant residence. The possession of a collective hukou is a common situation in major cities such as Beijing and Shanghai.

Resident household registration book

Many young individuals who work outside of the location where their hukou is registered often face the inconvenience of having to return to their hometown to obtain this document or rely on express or mail services for its delivery.

The reform of China's hukou system has been emphasized in a significant resolution adopted by the leadership of the Communist Party of China during its latest plenum held in mid-July.

Concerning improving the institutions and mechanisms for advancing new urbanization, the resolution stipulates that

推行由常住地登记户口提供基本公共服务制度，推动符合条件的农业转移人口社会保险、住房保障、随迁子女义务教育等享有同迁入地户籍人口同等权利，加快农业转移人口市民化。

We will implement the systems for allowing people to obtain household registration and access basic public services in their place of permanent residence. We will push to see that eligible people who have moved to cities from rural areas enjoy the same rights as registered local residents with regard to social insurance, housing support, and access to compulsory education for their children living with them.

On improving the employment-first policy, the resolution proposed that

统筹城乡就业政策体系，同步推进户籍、用人、档案等服务改革，优化创业促进就业政策环境，支持和规范发展新就业形态。

We will coordinate urban and rural employment policies, simultaneously advance service reforms related to household registration, human resources, and personnel records, improve the policy environment to boost employment by encouraging business startups, and support and regulate the development of new forms of employment.

And in terms of the social security system, it says that

健全灵活就业人员、农民工、新就业形态人员社保制度，扩大失业、工伤、生育保险覆盖面，全面取消在就业地参保户籍限制，完善社保关系转移接续政策。

We will build a sound social security system to serve people in flexible employment, rural migrant workers, and those in new forms of employment and expand the coverage of unemployment insurance, workers’ compensation, and childbirth insurance programs. We will see to it that all restrictions preventing people from accessing social security in the places where they work but do not hold permanent residency are lifted and that policies for transferring social security accounts are improved.

These mean that social welfare benefits and employment policies will no longer be tied to permanent residency, breaking down the barriers between "urban" and "rural" identities. This not only meets the current situation of increased population mobility in Chinese society, but also promotes the urbanization of rural population, as well as the coordinated development of urban and rural areas.

Since 2012, China has been continuously promoting the reform of the household residency system, especially the establishment of a unified urban and rural household registration system, the comprehensive relaxation of household registration transfer policies, and the full implementation of the residence permit system, which has greatly promoted the process of new urbanization.

In parallel with the reform of the household registration system, the removal of the permanent residency document requirement in marital registration can be viewed as both a step towards establishing a modern household registration system and an effective measure to enhance convenience and benefits for the people.

Meanwhile, the declining marriage rate and the reluctance of the younger generation to get married and have children have become major concerns for the Chinese government. With a population of 1.4 billion, the country is experiencing a historically low marriage rate, posing significant challenges for the administration.

In the first half of 2024, the number of couples registering for marriage was only 3.43 million, which is less than 50% of the 6.94 million pairs reported during the same period in 2014.

In the meantime, the number of divorces in China reached a staggering 4.339 million couples in 2023, causing the divorce rate to surge to 3.09‰.

The introduction of a shorter material list and a more flexible process in marriage registration is expected to stimulate marriage and, ultimately, increase the birth rate.

Additionally, this reform is also anticipated to bring significant changes to the social and economic development in China.

1. Mitigating the issue of exorbitant bride price

The issue of sky-high bride prices has been a long-standing and persistent challenge for many years in China, posing challenges to China's marriage rate.

Numerous individuals have faced difficulties in getting married due to the exorbitant demands made by their prospective mother-in-law, who holds control over the hukou of the bride and insists that marriage is out of the question without substantial funds.

The practice of offering a bride price, which is a local custom in many areas, can reach staggering amounts, sometimes nearing 400,000 yuan (approximately 56,022 U.S. dollars). Incomplete statistics indicate that provinces such as Jiangxi, Zhejiang, Fujian, Jiangsu, and Liaoning are among those with the highest bride prices in the country.

In certain remote regions of China, the bride prices have not only pushed some families into poverty but have even risen to a corrupt system of bride price bribery.

In this system, the elder sister receives the bride price and directly hands it over to her younger brother, who then uses it to marry a bride, who in turn gives the money to her own younger brother. This cycle continues, resulting in a vicious circle where the bride price amount keeps increasing.

With the introduction of new policies, the couple can take some agency back in marriage. While this may not completely eradicate the issue of bride prices, it can serve as a form of check and balance.

2. Significantly stimulating the housing rental market

The notion of "marriage must be accompanied by homeownership" has deeply ingrained itself in the minds of many Chinese parents.

According to this belief, entering into marriage without owning a house is seen as lacking a solid foundation and destined for significant challenges. Renting a home, in their perspective, does not constitute a genuine family unit.

Without the requirement of hukou, getting married will receive less parental control, allowing young couples to have more autonomy in real estate purchasing decisions.

This coincides with the national strategy of leveraging supportive policies to drive the development of the housing rental industry and reduce the inventory of existing commercial properties.

Furthermore, the new draft of the marriage registration regulation stipulates that newlyweds are not obliged to submit their application in the place where they have permanent residency. Instead, they have the freedom to choose any registration office across the country.

In response to these developments, an official from the Ministry of Civil Affairs stated that the reform is based on the objective realities of population mobility. The establishment of a national marriage management information network provides the potential for the abolition of household registration in marital registration.

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