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The Associated Press. Denied custody of both kids, Zhang finally settled in June for visitations with her daughter. 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. For straight couples — regardless of marriage status — both are recognized as custodians by law. But for same-sex couples who have children via surrogacy or in vitro fertilization , nothing is guaranteed.
Zhang, a Shanghai resident, knows this firsthand. The two women went to the United States to be legally married and give birth to their children. The law around families is written exclusively for cases of a mother and a father. But because the outcome was reached through a settlement, there is no legal precedent set. Although China is not a precedent-dependent country in the way the U. No DNA testing was done for the case, but Gao wanted to prove that his client was the genetic mother.
He said some 30 couples have come to his practice inquiring abut drafting agreements that establish the identity of the parents, their mutual agreement to have children, and the responsibility, financial and otherwise, to raise the kids.
In July, when Zhang got her first legally guaranteed visit to see her daughter for the first time in more than four years, it was a subdued occasion. Zhang traveled up from Shanghai and then drove to Hebei province, two hours outside of Beijing, to a home that her ex-partner owns. Her ex-partner, the only other person present during the visit, required their daughter to wear a face mask, and the girl spent the time doing homework, Zhang recalled. But there were moments when the little girl would sneak looks at the woman sitting with her in the quiet house.
