News

Custody ruling hailed as milestone for queer families in China

This seems like it could be a big step forward for LGBTQ people.

Means Happy

Aug 18, 2024 — 3 min read

A woman's legal battle to secure access to see her daughter appears to be setting precedents for other queer families attempting to navigate the law in China.

The case revolves around Didi - she is 42 and lives in Shanghai. Didi sought access to visit her daughter who lives in Beijing with Did's estranged wife and their other child.

A court in Beijing ruled that Didi was entitled to monthly visits to see her daughter to whom Didi gave birth in 2017.

This is the first time that a court in China has recognised that a child can have two legal mothers - this has the potential to be a big step forward for the queer community.

However, there is some complexity with the precedent set by Didi's case. She was not successful in her application to be granted access visits to her son, who also lives with Didi's estranged wife.

Didi and her wife married in the US in 2016. Later that year, they underwent IVF treatment, with embryos made from the wife’s eggs and donor sperm implanted in both women.

In 2017, Didi gave birth to a girl and her wife gave birth to a boy. Both children are genetically linked only to Didi’s ex.

The relationship broke down and in 2019 the couple separated. Didi’s wife took the two children to live with her in the capital and cut off contact with Didi.

In March 2020, Didi sued for custody of the toddlers, in what was China’s first same-sex custody dispute.

The process that governs the issuance of birth certificates in China assumes that the woman who gives birth to a baby is the biological mother.

Because Didi gave birth to her daughter, despite not being genetically related to her, she had some grounds to argue that she was a rightful mother. She has little chance of being legally recognised as a guardian to the girl’s brother.