Do mentally handicapped persons need the consent of their guardians to get married?

That's for sure, because there are a lot of things that he can't decide. And the decisions he made don't count.

Legal Analysis: Mentally Handicapped People Can Get Married. Persons with intellectual disabilities can apply for a marriage license under the guardianship of their guardians. The state only prohibits direct blood relatives and collateral relatives within three generations, or from diseases that are medically deemed unfit for marriage.

Legal basis: Article 1048 of the Civil Code of the People's Republic of China prohibits marriage between direct blood relatives or collateral blood relatives within three generations.

Legal analysis: A mentally handicapped person is not allowed to obtain a marriage certificate without the consent of his guardian.

Legal basis: Civil Code of the People's Republic of China

Article 1004 Lenient 16 Marriage shall be completely voluntary between the man and the woman, and it is forbidden for either party to force the other party, and it is forbidden for any group or individual to interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049:A man and a woman who wish to marry shall personally go to the marriage registration office to apply for marriage registration. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

Where marriage registration has not been completed, the registration shall be re-registered.

Mentally retarded people can get married. According to Chinese law, marriage is prohibited only in the following circumstances: direct blood relatives or collateral blood relatives within three generations are prohibited from marrying. In other words, people with intellectual disabilities are allowed as long as they are not married to a direct blood relative or a collateral blood relative within three generations.

Article 1040 of the Civil Code of the People's Republic of China.

Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.

Article 1046.

Marriage shall be of complete voluntary agreement between the man and the woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual person interfere with it.

Article 1047.

The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Originally, the law provided that a person suffering from a medical illness that was considered unfit for marriage could not register a marriage, or that he or she could not register a marriage until he or she was sick. If the person concerned is a person with severe intellectual disability who has a lack of foundation, he cannot get married; However, after the Civil Code comes into effect, this fact does not belong to the prohibition of marriage, that is, the parties can get married, but they should inform the other party in advance.

1. What are the provisions prohibiting the marriage of close relatives?

According to Articles 1048 and 1051 of the Civil Code of the People's Republic of China, there are the following provisions on prohibiting marriage between close relatives:

Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.

Marriage is null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Article 6 of the Marriage Registration Regulations stipulates that the marriage registration authorities shall not register the parties to the marriage registration under any of the following circumstances:

1) They have not reached the legal age for marriage;

2) It is not voluntary;

3) One or both of them already have a spouse;

4) Belong to direct blood relatives or collateral blood relatives within three generations;

5) Suffering from a medical illness that is considered unfit for marriage.

2. Under what circumstances can the court grant a divorce?

1. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person who has a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

2. In the following circumstances, it may be determined that the relationship between the husband and wife has truly broken down, and the court may make a judgment of divorce in accordance with law (but not shall):

1) One party suffers from a disease that is legally prohibited from marriage, or one party has physical defects and other reasons that prevent sexual intercourse, and it is difficult to **.

2) Lack of understanding before marriage, hasty marriage, failure to establish husband and wife relationship after marriage, and difficulty in living together.

3) Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as a husband and wife and not being cured for a long time.

4) One party deceives the other party, or deceives the other party in marriage registration to obtain the "Marriage Certificate".

5) After the two parties have registered their marriage, they have not lived together, and there is no possibility of reconciliation, etc.

3. Can I get married and have children if I suffer from leprosy?

If you have leprosy, you can get married. Marriage is prohibited only if there is bigamy, if there is a family relationship that prohibits marriage, or if the marriage age is not reached. If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

Leprosy can rely on modern medicine**, so it is not a disease that cannot be married.

Article 1046 of the Civil Code of the People's Republic of China.

Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.

Legal Analysis: The state only prohibits direct blood relatives and collateral relatives within three generations or suffering from diseases that are medically deemed unsuitable for marriage. Suffering from a serious hereditary disease, a designated infectious disease, and related mental illness are also prohibited.

However, it is not forbidden for people with intellectual disabilities to marry. Therefore, a person with intellectual disabilities can apply for a marriage certificate under the guardianship of his or her guardian.

Legal basis: Article 1048 of the Civil Code of the People's Republic of China [Circumstances prohibiting marriage] Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.