👪 Family law
Civil Code (2021) — Guardianship of Minors · Yalla China
القانون المدني (2021) — أحكام الولاية على القاصرين / Civil Code (2021) — Guardianship of Minors
Enacted: 2020-05-28 ✅ Effective: 2021-01-01
📝 Overview
The Civil Code regulates the guardianship system for minors in China, defining guardians' duties, children's rights, and protection procedures.
This is general information only, not legal advice. For your specific case, consult a licensed lawyer.
📜 The law text / key provisions
The Civil Code (2021) guardianship provisions provide: (1) Natural guardians: parents first, then grandparents, then older siblings; (2) Guardian removal: court may revoke guardianship in cases of abuse, neglect, or incapacity; (3) Guardianship for foreigners: if one parent is foreign and the other dies or loses capacity, children residing in China subject to Chinese guardianship provisions; (4) Best interests of the child: primary standard in guardianship decisions; (5) Legal guardianship of adopted children: same rights and duties as legal adoption.
💬 Practical reading
💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
In divorce or separation cases involving children in China, custody must be determined either by agreement or court ruling. The best interests of the child is the governing standard.
📎 Official source
National People's Congress of China
🕒 Updated: 16 March 2026