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In China, same-sex marriage, and surrogacy for same-sex couples, is banned. One Chinese couple fought for the right to conceive a child, but now that the child has been born, they’re also fighting to raise him. Right now, they must share guardianship with the child’s grandparents. In 2014, Pin Wu and Hanson Qin married in Hawaii. They chose surrogacy, which took two years. In 2016 Sky, who is Wu’s biological son, was born in the United States. The baby was then brought to China.

That’s where the problems started. Because Wu grew up in a household that was very traditional, he had hoped that a child would help his parents become more accepting of his same-sex marriage. It would provide Wu’s parents with an heir, but the birth of the child had the opposite effect, and only added to the tension of the already strained relationship. Because Wu’s parents were unable to accept his sexual orientation, they now have guardianship of Sky, who is allowed to spend the weekend with Wu, every other weekend.

Wu worked this arrangement out with his parents, which is something that Hanson struggled to understand in the beginning. Based on the Western perspective, children should live with their parents. But Chinese culture is different, and Wu’s parents still have trouble accepting the situation. Being gay is also a difficult concept for people of his parents’ generation, especially when the cultural context is added.

While being gay in China is no longer illegal, it falls into a gray area where it’s not talked about, and not promoted or encouraged. Acceptance is also not encouraged, and same-sex marriage is not allowed. Reproductive technology options are also not offered to anyone in China who is not in a heterosexual marriage, but overseas surgery allowed Wu and Hanson to have a child, even if that child’s raising will be unconventional.

There are many ways to create a family. If you decide to use surrogacy, The Surrogacy Law Center can help you protect your legal rights throughout the process. To learn more, contact us today!