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Zhang Peiyi, a Shanghai resident, has been fighting for custody for her two children from a former marriage in a case that has lasted for more than four years. 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.
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.
She's been fighting to see her children since , 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. The law around families is written exclusively for cases of a mother and a father.
While surrogacy is not illegal, hospitals are forbidden from selling eggs or sperm, so laws don't address issues of parentage where surrogacy is involved. And the courts have so far avoided making any legal precedent; Zhang's court granted custody to the biological mother, while another court in another case denied custody to the biological mother.