Chinese Woman Wins Landmark LGBTQ+ Custody Battle, Sets New Precedent

A landmark LGBTQ+ custody case in China has resulted in a woman being granted monthly visits with her daughter. This decision marks a significant shift in how Chinese courts handle same-sex family arrangements.

 

Historic Court Ruling Allows Monthly Visits

Didi, a 42-year-old from Shanghai, has been awarded the right to visit her seven-year-old daughter in Beijing once a month. This ruling by the Beijing Fengtai People’s Court is a historic first in China, recognizing a child’s right to have two legal mothers. Despite this progress, Didi has not been granted custody of her son, highlighting ongoing challenges for LGBTQ+ families in the country.

Didi and her estranged wife, who married in the US in 2016, had two children via IVF in 2017. After their relationship deteriorated, Didi’s wife moved to Beijing with the children, severing contact with Didi. Didi’s legal battle for custody, which began in March 2020, is the first same-sex custody dispute in China.

 

Legal and Social Implications

Chinese law does not explicitly address the rights of same-sex couples, focusing instead on traditional heterosexual marriages. Didi’s case, which involved one mother giving birth to the child while the other contributed genetically, has pushed the legal boundaries of parental recognition. Despite the legal victory for her daughter, Didi’s bid for custody of her son remains unresolved, underscoring the limitations of current Chinese family law.

Gao Mingyue, Didi’s lawyer, highlighted that Chinese legal standards are slowly evolving to address children born to LGBTQ+ parents, but same-sex couples still face significant obstacles. Although China’s abandonment of the one-child policy and increased focus on protecting children’s rights show progress, LGBTQ+ rights lag behind.

 

Public and Legal Reactions

Didi’s case has sparked widespread discussion on Chinese social media and among academics, marking a “big step forward” for LGBTQ+ rights in China, according to Gao. The case also sets a precedent for future legal considerations of same-sex parenthood in China.

A survey by UCLA’s Williams Institute shows that a majority of Chinese respondents support same-sex marriage and parenting. Despite this societal support, legal recognition remains slow. Didi hopes that as Chinese society becomes more accepting, the legal system will eventually adapt to recognize same-sex families more fully.

 

Didi’s journey reflects both the progress and the ongoing challenges faced by LGBTQ+ individuals in China, as she continues to fight for broader legal recognition and equal rights.