By Huizhong Wu |The Associated Press BANGKOK—It’s been more than four years since Zhang Peiyi last saw her son, one of two children from her former marriage. Denied custody of both kids, Zhang finally settled in June for visitations with her daughter.
BANGKOK—It’s been more than four years since Zhang Peiyi last saw her son, one of two children from her former marriage.
For straight couples—regardless of marriage status—both are recognized as custodians by law. If the two split, the court decides who gets custody based on factors like the parent’s financial resources, the child’s desire and the home environment—operating from the principle of making the best decision for the child.
When Zhang turned to the law, she discovered just how little protections there were for LGBTQ+ couples in China, where there’s no legal standard for two mothers or two fathers. The law around families is written exclusively for cases of a mother and a father. “It’s quite messy, and different courts at different times and different places have come to different solutions,” said Darius Longarino, a senior fellow at the Paul Tsai China Center at Yale Law School.“We can put aside the issue of surrogacy or same-sex couples, when a child is born, that’s a human being,” Yang Lixin, a professor at Renmin University’s law school in Beijing said in an online commentary when the Xiamen case issued a first judgement in 2020.
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