One woman’s custody battle highlights the challenges facing same-sex couples in China

BANGKOK (AP) — 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. But after seeing her only once, Zhang’s ex-wife called the meetings off indefinitely. What Zhang thought was the end of a yearslong legal battle is facing yet another hurdle, as she has to go through court again to ask them to enforce her visitation rights.

“These types of disputes are not well protected in our country,” said Gao Mingyue, the lawyer representing Zhang. “This is a reminder that we have to be self-sufficient.”

LGBTQ+ families like Zhang’s have no law to cite when faced with situations like custody or divorce, as same-sex marriage is not recognized in China, meaning the outcome of each case is uncertain and inconsistent.

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.

But for same-sex couples who have children via surrogacy or in vitro fertilization, nothing is guaranteed.

Zhang, a Shanghai resident, knows this firsthand. She’s been fighting to see her children since 2020, after a difficult separation.

The two women went to the United States to be legally married and give birth to their children. Zhang’s ex provided the eggs, and Zhang gave birth to a girl and her ex birthed a boy. Back in China, a few years later when the relationship ended, Zhang’s ex took both children and cut off all communication.

When Zhang turned