After a lesbian couple splits up following the birth of their child, who gets custody? Here's how the court ruled!

In recent years, as societal attitudes have become more diverse, same-sex couples are increasingly using assisted reproductive technologies to build families. However, when relationships end, a difficult question arises: who gets custody of the child?

I. Real-World Case Study

Xiao A and Xiao B are a lesbian couple who had their daughter, Xiao C, through donor insemination. Xiao A is the biological mother, while Xiao B was fully involved in the pregnancy and raising of the child. Three years later, the couple broke up. Xiao B requested visitation rights or joint custody, but Xiao A refused, citing that she has no biological relationship with the child.

II. Legal Dilemma: Bloodline Is Not the Sole Criterion

Current laws in our country do not explicitly address parent-child relationships for same-sex partners. However, Article 1084 of the Civil Code stipulates that child custody disputes following a divorce shall be resolved based on the principle of "the best interests of the minor child." In judicial practice, some courts are moving beyond strict reliance on biological ties, taking into account factors such as actual caregiving history, emotional bonds, and financial capacity.

III. Trends in Court Rulings

In recent similar cases, courts have increasingly favored preserving a stable living environment for minors. If a non-biological party can demonstrate long-term involvement in the child's daily life, education, and healthcare, and has established a stable emotional bond with the child, the court may grant visitation rights. However, full custody remains uncommon.

IV. Legal Advice

1. Pre-planning: Same-sex partners are advised to sign a written agreement before conception, clearly defining each party's rights and obligations.

2. Preserve Evidence: During daily custody, keep photos, videos, school records, and other evidence.

3. Professional Consultation: These cases involve complex legal relationships; professional legal counsel is strongly recommended.

If you're facing similar challenges, please contact Fujian Ciji Law Firm. Our family law team is ready to provide you with professional and confidential legal services.