Chinese mother granted visitation rights in landmark same-sex custody case
By Ryan General
The Beijing Fengtai People’s Court granted a 42-year-old Chinese woman, known as Didi, visitation rights to her daughter in May, four years after she filed China’s first same-sex custody dispute for her two children. The ruling, which marks the first instance of the Chinese judiciary legally recognizing a child as having two mothers, is viewed as a major victory for LGBTQ+ rights in a country where same-sex marriage is illegal.
- Custody battle: Although homosexuality is no longer a crime in China since 1997, same-sex couples still face legal barriers, including being unable to marry or adopt children. Didi and her wife married in 2016 in the U.S. and both conceived through IVF using her wife’s eggs and a donor’s sperm. After their relationship ended, Didi’s wife took both children to Beijing and severed contact. While Didi is now permitted monthly visits with her daughter, she is still not allowed to see her son since she has no genetic ties with him.
- Battle half-won: Didi traveled to Beijing in July to see her daughter after four years of no contact. “I think maybe she still remembers me,” she said. “I really love both my children, I want to look after them.” Didi’s lawyer, Gao Mingyue, noted that while courts are becoming more willing to protect the rights of children born out of wedlock due to falling birth rates, arrangements between same-sex couples remain unprotected.
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