More than four years have passed since Zhang Peiyi last saw her son, one of her two children from a previous marriage.
Zhang was denied custody of both children but eventually settled for visitations with her daughter in June. However, after just one meeting, her ex-wife abruptly canceled all future visits. Now, Zhang must navigate the legal system once again to enforce her visitation rights.
Gao Mingyue, Zhang’s lawyer, expressed how disputes like this are not adequately protected in China and emphasized the need for self-sufficiency.
LGBTQ+ families such as Zhang’s face uncertainty in custody and divorce matters as same-sex marriage is not legally recognized in China. This lack of recognition leads to inconsistent outcomes in court cases.
While heterosexual couples are legally recognized as custodians, the situation is different for same-sex couples, especially those who have children through surrogacy or in vitro fertilization.
Zhang, a resident of Shanghai, has been fighting for custody of her children since 2020 following a challenging separation from her ex-partner.
The legal framework in China does not address the complexities of LGBTQ+ families, leaving individuals like Zhang with limited protections under the law. This lack of legal standards for same-sex parents creates challenges in determining custody and visitation rights.
As Zhang’s case illustrates, different courts have reached varying conclusions on similar cases, leading to legal ambiguity for LGBTQ+ families.
Some couples are attempting to address these uncertainties by creating legal agreements similar to prenuptial agreements, outlining care arrangements for their children in case of a breakup.
Despite legal challenges and inconsistencies, Zhang was able to secure visitation rights with her daughter after more than four years. However, ongoing disputes with her ex-partner have cast uncertainty over future visits.
With limited options available, Zhang remains determined to fight for her parental rights while safeguarding her children’s privacy.
Her story sheds light on the challenges faced by LGBTQ+ families in China’s legal system, emphasizing the need for greater protections and recognition of diverse family structures.