Do you want to have a premarital examination before marriage in Ningbo? Can one party hide a major illness and get married? Can the marriage be revoked?- Zhiheng Law Firm

In Ningbo, when the topic of premarital health checkups comes up during discussions about marriage, many young people’s first reaction is, “Isn’t it no longer mandatory these days?” Meanwhile, older generations worry, “If a medical condition is detected, how can we still get married?” On the one hand, there’s a reluctance to go through the hassle or risk offending the other party; on the other hand, some people register the marriage without verifying the facts, only to discover later that the other party has a serious illness. When it comes to premarital medical examinations, there are actually three distinct but often conflated issues: what exactly is covered in the examination, whether it remains mandatory today, and whether a marriage can be annulled if one party concealed a serious illness at the time of marriage. These three issues correspond respectively to the premarital health care service system under the Maternal and Infant Health Care Law, the provisions of the Civil Code regarding the conditions for marriage registration, and the rules on annulment of marriage established in Articles 1053 and 1054. Below, we will explain each point one by one from the perspective of the parties involved in Ningbo.

To begin with, a general point: premarital medical examination is not a prerequisite for the validity of a marriage; failure to undergo such an examination does not render the marriage invalid. However, in regions where premarital medical examinations are mandatory, the examination certificate is a document that must be presented and verified when registering a marriage. What truly affects the validity of a marriage is the duty of truthful disclosure stipulated in Article 1053 of the Civil Code—namely, if one party suffers from a serious illness and fails to disclose it truthfully before marriage, the other party may, within one year from the date on which they knew or ought to have known, petition the people’s court to annul the marriage. It is a separate regulation from the premarital health examination and cannot serve as a substitute for it.

1. What does the premarital health checkup in Ningbo include: premarital health services and three types of medical examinations.

Pre-marital medical examinations are legally referred to as part of “pre-marital health services.” According to Articles 7 and 8 of the Maternal and Infant Health Care Law of the People's Republic of China, medical institutions shall provide premarital health services to citizens, specifically including premarital health guidance, premarital health counseling, and premarital medical examinations. In other words, premarital health checkups are not conducted in isolation; together with premarital health education and counseling, they form a comprehensive institutional framework. Following the examination, medical institutions issue a certificate of premarital medical examination.

Many people are wondering exactly what a premarital medical examination entails. According to Article 8 of the Maternal and Infant Health Care Law, the core of premarital medical examinations involves screening for three categories of diseases: the first category comprises severe genetic disorders; the second category includes designated infectious diseases; and the third category encompasses relevant mental disorders. These three categories are most directly related to marriage and childbirth. The premarital medical examination certificate issued after the check-up is one of the documents required for subsequent marriage registration.

It should be noted that premarital health examinations are not the same as the comprehensive physical check-ups commonly referred to: while routine check-ups focus on detecting various diseases, premarital screenings are more specifically geared toward assessments directly related to marriage and childbearing, and they also provide medical advice to the individuals involved. Many maternal and child health institutions in Ningbo offer both premarital medical examinations and preconception health screenings; the specific examination items, fees, and appointment procedures vary by location, so it is advisable to confirm these details with the local healthcare facility before proceeding.

2. Is premarital medical examination mandatory in Ningbo? Registration verification, regional differences, and marriage registration requirements.

Is premarital medical examination mandatory? This is the most frequently asked question by parties in Ningbo, and the answer needs to be addressed on two levels. First, at the national level, premarital medical examinations are not an unconditional prerequisite for marriage registration; failure to undergo such an examination does not automatically prevent one from registering a marriage. On the second level, the situation is different in areas where premarital medical examination is carried out: Article 12 of the the People's Republic of China Maternal and Child Health Care Law stipulates that both men and women shall hold a premarital medical examination certificate or a medical appraisal certificate when registering for marriage; the implementation measures of the Maternal and Child Health Care Law further stipulate that in areas where premarital medical examination is carried out, premarital medical examination shall be carried out in medical and health care institutions before marriage registration, the marriage registration authority shall examine the certificate when registering the marriage. Based on this, it can be understood that in regions where premarital medical examinations are mandated, such examinations are compulsory and are reflected in the verification of required documents during registration; however, it is not a nationwide requirement that couples must undergo a premarital medical examination before they can obtain a marriage certificate.

It becomes clearer if we consider premarital health checks within the broader framework of marriage registration. According to the provisions of the marriage chapter of the Civil Code, marriage requires a number of substantive and procedural conditions: Article 1046 stipulates that marriage shall be of the complete free will of both men and women; Article 1047 stipulates that the age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Article 1048 stipulates that direct blood relatives or collateral blood relatives within three generations are prohibited from getting married. Article 1049 requires both men and women to apply for marriage in person to the marriage registration at the marriage, the marriage relationship is established by the completion of the marriage registration. Pre-marital health examinations are part of the registration process and involve health-related information that must be addressed; they do not alter the substantive requirements regarding voluntariness, age, kinship, or other such conditions.

Furthermore, Article 1051 of the Civil Code clearly specifies three grounds for the nullity of marriage: bigamy, a prohibited kinship relationship, and failure to reach the statutory marriage age. Failure to undergo a premarital medical examination is not among the grounds for invalidating a marriage; therefore, even if no such examination has been conducted, the marriage remains valid as long as it meets the registration requirements. In practice, it is often mistakenly believed that the premarital medical examination certificate is a requisite for the validity of marriage; in reality, it primarily serves as an integral part of the registration documents and as a means of health disclosure, rather than as a decisive factor determining whether a marriage is legally established. To facilitate differentiation, the following table compares several easily confused concepts (for illustrative purposes only):

3. Situations found during the premarital checkup that make marriage inadvisable: What should be done about temporary postponement of marriage and inability to have children?

The value of premarital medical examinations lies largely in how any issues identified are addressed afterward. According to Article 9 of the Maternal and Infant Health Care Law, if a premarital medical examination reveals that either party is suffering from a designated infectious disease during its infectious period or a relevant mental disorder during its active phase, the physician shall provide a medical opinion, and both parties intending to marry shall postpone the marriage. It is evident that, upon detection of such circumstances, the law does not prohibit marriage but rather imposes a temporary suspension—requiring that the illness be treated and brought under control to an appropriate state before the registration can proceed.

Article 10 of the Maternal and Infant Health Care Law stipulates another situation: after pre-marital medical examination, doctors should explain the situation to both men and women and provide medical advice on the diagnosis of serious genetic diseases that are medically unfit for reproduction; with the consent of both men and women, those who take long-term contraceptive measures or do not have children after ligation can get married. In other words, with respect to severe hereditary diseases that render childbearing inadvisable, the law does not impose an absolute ban on marriage; rather, it permits marriage on the condition that both parties are fully informed, consent, and take appropriate measures: they must truthfully disclose the relevant circumstances to each other, and the decision is left to the autonomous judgment of both parties based on their full understanding.

In Ningbo, when premarital medical examinations reveal conditions that necessitate postponing marriage, the individuals involved often face a dilemma: they want to register their marriage as soon as possible, yet they worry that their condition may not have been fully cured. A more prudent approach is to first undergo active treatment and follow-up visits as advised by your physician, and to proceed with registration only after your condition has stabilized and the physician has issued the appropriate medical opinion. If you have any questions regarding the examination results or medical opinions, you may consult the healthcare institution that issued them and, if necessary, request a medical assessment. It must be emphasized that the temporary postponement of marriage applies only to specific diseases in particular stages; it does not mean that the affected party is permanently prohibited from marrying, nor does it render the marriage automatically invalid.

4. One party conceals a serious illness upon marriage: the duty to inform under Article 1053 and the one-year revocation period.

The provision that truly determines whether a marriage can be annulled is Article 1053 of the Civil Code. This provision stipulates: If one party suffers from a serious illness, they shall truthfully inform the other party prior to marriage registration; if such information is not disclosed truthfully, the other party may petition the People’s Court to annul the marriage. A request for annulment of a marriage shall be made within one year from the date when the party knew or ought to have known of the ground for annulment. This provision establishes two rules: first, the obligation of the party who is ill to disclose truthfully prior to marriage; second, the right of the other party to seek rescission when the first party fails to disclose such information truthfully.

To understand this provision, there are three key points that parties in Ningbo should pay particular attention to. First, the obligation is to “disclose truthfully,” meaning that, prior to registration, one party must inform the other party of any serious medical conditions they suffer from, rather than providing vague or evasive information. Second, the right of revocation must be exercised by filing a request with the People’s Court, rather than with the marriage registration authority; in other words, the matter must be pursued through litigation, and the court shall render a judgment after hearing the case. Third, there is a time limit for filing a request for revocation, which must be submitted within one year from the date on which the party knew or ought to have known of the grounds for revocation. This period is a statutory limitation period; claims filed after the expiration of this period are generally unlikely to be upheld. Therefore, upon discovering the concealment, evidence should be promptly secured and the claim asserted without delay.

Another commonly misunderstood issue is treating the annulment of a marriage as if it were a divorce. The two differ significantly in terms of their conditions, procedures, and consequences: divorce applies to legally valid marriages and is terminated either by mutual agreement or through litigation; annulment, on the other hand, pertains to marriages that are tainted by statutory defects and is declared by the court to be void when the requisite conditions are met. To put it in a single sentence: annulment is not a divorce; rather, it renders the marriage legally invalid from the very beginning.

5. How to determine and provide evidence for major diseases: scope, evidence, and key review points.

The key term in Article 1053 is “serious disease,” but the law does not provide an exhaustive list. In practice, it is generally understood that the relevant criteria can be derived from the three categories of conditions addressed in premarital medical examinations: severe genetic disorders, designated infectious diseases, and certain mental illnesses, as well as other conditions that, from a medical perspective, may affect marriage and reproduction. As to whether a particular disease constitutes a “serious” condition, such determination must be made on a case-by-case basis by the court, taking into account factors such as the nature of the disease, its severity, its impact on marital life and reproductive capacity, and whether it is in a contagious or active phase.

Precisely because there is room for judicial discretion, the burden of proof becomes the decisive factor. When a party in Ningbo claims that the other party has concealed a serious illness, evidence may be collected along the following lines:

Medical evidence: medical records, diagnostic certificates, hospitalization records, examination reports, medication records, etc., used to prove that the other party suffers from the relevant disease and the duration of the illness.
Time-based evidence: Used to prove that the other party became ill prior to the date of marriage registration and was already aware of their condition before the registration.
Evidence of communication: WeChat chat logs, text messages, call recordings, etc., used to prove that the other party was aware yet deliberately concealed information, or had previously evaded or denied the relevant medical condition.
Witness testimony: Statements from informed family members, friends, and colleagues may be used to corroborate the fact that the other party was aware of the medical condition.
Other materials: premarital examination records, medical examination reports, etc., used to reconstruct the parties’ state of knowledge prior to registration.

It should be noted that the review typically focuses on two key aspects: first, whether the disease meets the threshold of being “serious”; and second, whether the party suffering from the illness knew, or ought to have known, about their condition prior to marriage registration but failed to disclose it truthfully. To put it plainly, merely proving that “the other party is ill” is not enough; one must also demonstrate the connection between the illness and the request for rescission, as well as the fact that the other party failed to fulfill its duty of disclosure. If the party suffering from the illness can prove that they truthfully disclosed their condition prior to registration, or if the other party was aware of it before registration yet still consented to the marriage, the request for annulment may be difficult to sustain. For the party who is ill, the correct course of action is to truthfully disclose the condition before registration and retain evidence of such disclosure.

6. After the annulment of marriage: property, children, and damages consequences under Article 1054.

Once a marriage is annulled, the legal consequences are governed by Article 1054 of the Civil Code. This provision clearly states that a marriage that is invalid or has been annulled has no legal binding effect from the outset, and the parties do not have the rights and obligations of spouses. A marriage that is annulled does not become invalid as of the date of annulment; rather, it is deemed to have never been legally valid from the time of its inception.

With regard to the disposition of property, Article 1054 provides: Property acquired during cohabitation shall be disposed of by agreement between the parties; if no agreement can be reached, the people’s court shall make a judgment in accordance with the principle of giving due consideration to the party not at fault. This point is particularly important for parties in Ningbo to understand: a marriage that has been annulled does not give rise to marital property. Property acquired during the cohabitation period shall first be subject to negotiation between the parties; if no agreement is reached, the court shall make a ruling, with such ruling favoring the party without fault. Where a marriage is annulled due to the concealment of a serious illness, the party that concealed the information is generally considered at fault, and the other party may, on that basis, be afforded favorable treatment in the division of property. Furthermore, this provision stipulates that the disposition of property in a void marriage resulting from bigamy shall not infringe upon the property rights and interests of the parties to the lawful marriage.

With regard to issues concerning children, Article 1054 expressly provides that the provisions of this Law on parents and children shall apply to the children born to the parties. This means that even if a marriage is annulled, the rights and obligations between parents and children remain unaffected: parents still have the duty to support and educate their children, and children continue to enjoy the corresponding rights; in this respect, both legitimate and illegitimate children are treated equally. With regard to damages, the provision stipulates that in the event of a marriage being declared invalid or annulled, the party not at fault shall have the right to claim compensation for damages. Both the disposition of property and the determination of damages involve specific quantification, with significant variations from case to case. The final outcome is based on the facts and evidence and is subject to the court’s discretion.

7. Frequently Asked Questions

Question 1: Is premarital medical examination now mandatory nationwide? If you don’t undergo the examination, can you not register your marriage?

You can’t generalize. Nationwide, premarital medical examinations are not an unconditional prerequisite for registering a marriage; however, the situation differs in regions where such examinations are required. Article 12 of the Maternal and Infant Health Care Law stipulates that when registering for marriage, both men and women shall hold a pre-marital medical examination certificate or a medical appraisal certificate; the implementation measures of the Maternal and Infant Health Care Law stipulate that in areas where pre-marital medical examination is carried out, a pre-marital medical examination shall be carried out before marriage registration, and the marriage registration authority shall examine the certificate when handling marriage registration.Therefore, in areas where premarital examinations are implemented, premarital examinations are mandatory and are manifested in the examination of supporting materials at the time of registration. Ningbo parties before handling, it is appropriate to confirm the local requirements to the local marriage registration authority.

Question 2: Is the marriage invalid if you don't have a premarital examination?

No. There are only three cases of annulment under article 1051 of the Civil Code: bigamy, kinship that prohibits marriage, and under the legal age of marriage. "No marriage check-up" is not included, so failure to do marriage check-up will not lead to invalid marriage, nor will it lead to natural cancellation of marriage. The primary function of the premarital medical examination certificate lies in the registration documentation and health disclosure processes. What may really trigger the revocation is that one party conceals a major illness before marriage-this is based on Article 1053, which is different from whether or not a premarital examination has been done. On the other hand, even if a premarital examination is done, if the affected party does not truthfully inform the other party before registration, the other party may still claim to withdraw.

Question 3: If the other party conceals a serious illness, can I only get a divorce and not have the marriage annulled?

You may seek to have the decision set aside, and setting aside the decision and filing for divorce are two separate avenues. According to Article 1053 of the Civil Code, if one party suffers from a major illness and does not truthfully inform before marriage, the other party may request the people's court to cancel the marriage, and the request shall be made within one year from the date when the reason for the cancellation is known or should be known. The advantage of the claim of annulment is that the marriage is not legally binding from the outset (pursuant to article 1054), property is treated in accordance with the rules of cohabitation and the principle of taking care of the no-fault party, who can also claim damages. However, the revocation request has a time limit and needs to be made within one year. If the time limit is exceeded, the revocation path may not work. At this time, the divorce path can still be considered.

Question 4: To what extent does the claim of revocation need to be proved? From which day does the one-year period count?

generally need to prove two points: one is that the disease of the other party reaches a "significant" degree, which is usually judged by referring to the three types of diseases concerned by premarital medical examination and the diseases affecting marriage and fertility in medicine; the other is that the other party has already known his illness before marriage registration but has not told the truth. As for the starting period of one year, it is calculated from the date on which the cause of the revocation was known or should have been known in article 1053: "knowledge" means actual knowledge, while "should have known" means the point at which common sense and evidence can be presumed. It is recommended that once a concealment is found, consult and fix the evidence as soon as possible to avoid being passive due to term issues.

8. Practical Insights from a Lawyer

Around the premarital check-up and "concealing diseases", the parties are most likely to mix up several things: whether the marriage check-up is not checked, whether it is compulsory, and whether the marriage can be annulled by concealing serious diseases. From a practical point of view, the first stratification: not having a premarital examination will not invalidate the marriage, it is mainly a kind of inspection materials at the time of registration; What really affects the validity of the marriage is that "one party suffers from a major illness before marriage but fails to tell the truth", and the concealed party can request the cancellation of the marriage within one year from the date when he knows or should know. Only when the problem is brought to this level can we know whether the claim should be withdrawn or divorce can only be taken. The direction is different, and the evidence and results are completely different.

The one-year revocation period is very short; you need to act quickly once you become aware of it. The core is to fix the two articles of "pre-marital illness + the other party knew but did not inform": medical and hospitalization records, medication and follow-up records, medical insurance or medical records at the time point before marriage, as well as communication records and witnesses that can prove that the other party knew before marriage. If the diagnostic materials are mainly in the hands of the other party, they can be obtained through litigation application. Don't give up just because you can't get the medical record. When the evidence is complete, the path will be decided: if the lawsuit of revocation is taken, the emphasis will be on proof of concealment and time; If you divorce, the focus will be on property and compensation claims.

Choosing a path requires weighing the consequences. If the marriage is revoked, it is not exactly the same as divorce in terms of property handling, child arrangements and damages compensation, so you must first think clearly what you want more before you make a complaint. During negotiations, the other party is often afraid of being found to conceal, affect property and compensation, so it can strive for more favorable property arrangements or compensation. At the same time, it should be noted that the one-year period should not be missed due to repeated negotiations. If necessary, the case should be filed to keep the time limit, and then the negotiation should continue in the procedure. Do not draw conclusions based solely on the fact that "the other party is sick", and the identification and proof of major diseases should still be based on the evidence.

By consolidating the key points, several clear conclusions can be drawn. First, premarital medical examinations are not a prerequisite for the validity of marriage. It belongs to the premarital health care service and examines three types of diseases: serious hereditary diseases, designated infectious diseases and related mental diseases; in areas where premarital medical examinations are carried out, the premarital examination certificate is the material for examination at the time of registration, but failure to do so will not result in the nullification of the marriage. Second, what really determines whether a marriage can be revoked is the obligation of truthful notification before marriage established in Article 1053 of the Civil Code: if one party suffers from a serious illness, he or she shall truthfully inform, and if he or she fails to do so, the other party may request the court to revoke the marriage within one year from the date of knowing or should have known. Third, the consequences of the revocation of the marriage are stipulated in Article 1054: there is no legal binding force from the beginning, the parties do not have the rights and obligations of husband and wife, the property during cohabitation shall be dealt with according to the principle of agreement or taking care of the no-fault party, the children shall apply the provisions of parents and children, and the no-fault party shall have the right to claim damages.

Some operational suggestions. For the parties who are preparing to get married: first, try to participate in premarital medical examinations to understand the health status of both parties; second, truthfully inform their own health status, especially the situation that may be identified as a major disease, and retain the evidence of notification; third, pay attention to the registration place Specific requirements, confirm whether it is necessary to carry a premarital examination or medical appraisal certificate. For parties who discover that the other party may be concealing: first, fix the evidence as soon as possible and collect materials around the two main points of "major illness" and "known not to be informed before registration. There is considerable variation among individual cases; therefore, decisions should be made prudently, taking into account the evidence and applicable time limits.