China court recognises two legal mothers in landmark LGBTQ+ ruling
The move marks a small shift toward equality in the Asian nation, where same-sex marriage isn't recognised
By Dale Fox
A Beijing court has granted visiting rights to a woman seeking access to her daughter, marking the first time a Chinese court has recognised that a child can have two legal mothers.
The ruling represents a significant milestone for LGBTQ+ rights in China, where same-sex marriage remains unrecognised.
The case involves a 42-year-old woman, known by her nickname Didi, who has been fighting a custody battle for her two children, as reported by the Guardian.
Didi and her wife, who were married in the US in 2016, underwent IVF treatment using the wife’s eggs and donor sperm. Didi gave birth to a girl in 2017, while her wife gave birth to a boy.
After the couple’s relationship broke down in 2019, Didi’s wife took both children to live with her in Beijing, cutting off contact with Didi. In March 2020, Didi filed what is believed to be China’s first same-sex custody dispute.
In May 2024, the Beijing Fengtai People’s Court ruled that Didi should be allowed monthly visits with her daughter. However, the ruling highlights the complexities of LGBTQ+ family arrangements in China, as Didi was not granted contact with her son, to whom she has no biological connection.
Didi’s lawyer, Gao Mingyue, noted that Chinese law has an “avoidance approach” to gay relationships, stating, “It does not clearly define the rights of same-sex couples.”
China’s LGBTQ+ community facing challenges
This ruling comes at a time when China’s LGBTQ+ community faces increasing challenges. In recent years, several prominent LGBTQ+ organisations have been forced to cease operations. These include ShanghaiPride, the country’s largest Pride event, which has been suspended since 2021.
Despite these challenges, there are signs of growing social acceptance. A recent survey [PDF] by the Williams Institute at UCLA found that 85% of respondents had favourable attitudes towards same-sex parents, and nearly 90% supported same-sex marriage.
While China decriminalised homosexuality in 1997 and removed it from the list of psychiatric disorders in 2001, same-sex couples cannot marry or adopt children. There are also no explicit legal protections against discrimination based on gender identity or sexual orientation.