Zhang Peiyi has not seen her son in over four years after being denied custody of both her children from a previous marriage. She reached an agreement in June for visitations with her daughter, but her ex-wife abruptly halted the meetings after just one visit, leading Zhang back to court to enforce her visitation rights.
Lawyer Gao Mingyue, representing Zhang, highlighted the lack of legal protection for LGBTQ+ families in China, where same-sex marriage is not recognized. Unlike for straight couples, there are no clear laws for custody or divorce involving same-sex couples, leaving outcomes uncertain and inconsistent.
Zhang’s case is a testament to these challenges. Following a split in 2020 with her ex-wife, who had provided the eggs for their children born through surrogacy in the U.S., Zhang faced difficulties asserting her parental rights in China’s legal system, which predominantly caters to traditional family structures.
In China, surrogacy is not illegal, but issues of parentage in such cases are not adequately addressed by existing laws. Court judgments have varied, with different rulings in different regions, creating further legal confusion for LGBTQ+ couples seeking parental rights.
Legal expert Darius Longarino noted the inconsistent interpretations by various courts, emphasizing the need for clearer legal frameworks to protect the rights of children born to LGBTQ+ couples. Despite criticism from legal scholars like Yang Lixin, who called certain court decisions “nonsense,” the legal landscape for LGBTQ+ families in China remains challenging.
To navigate these legal ambiguities, some LGBTQ+ couples have turned to legal agreements outlining parental responsibilities in case of separation, akin to prenuptial agreements. However, the reception of such agreements by courts is uncertain, raising doubts about their effectiveness in securing parental rights.
Zhang’s recent court-granted visitation to see her daughter marked a significant but subdued moment in her ongoing legal battle. Despite limited contact during the visit, Zhang remains determined to fight for her parental rights, documenting her experiences while respecting her children’s privacy.
With her ex-partner denying further visitation, Zhang is committed to persevering in her fight for custody and visitation rights, demonstrating her resolve to be reunited with her children in the future, no matter the obstacles she faces in the legal system.
