Last week, two gay Chinese men legally sidestepped China’s lack of legal recognition of same-sex marriage in a system workaround by becoming Beijing’s first gay couple to become each other’s legal guardians.
The two unidentified men were married abroad. However, in China, their union wasn’t legally recognized as same-sex marriage isn’t legal in the country.
Yet, a little-known loophole in the law, adult appointed legal guardianship, allows for adults to appoint a guardian to act on their behalf when they are unable to make a decision themselves. The appointing legal guardianship only became legal in 2017 for adults who aren’t seniors.
Homosexuality was decriminalized in 1997. China removed homosexuality as a mental disorder in 2001.
In order to legally protect each other as a couple, the men were able to register guardianship of each other at the Beijing Guoxin Notary Public Office August 8, reported the South China Morning Post.
The notary posted the announcement on Monday, but it has since been removed, reported Sixth Tone.
By becoming each other’s legal guardians, they are able to make medical decisions on each other’s behalf, protect property rights, inheritance and other legal protections often conferred by marriage.
More than 10 same-sex couples in China, including in Chengdu, Guangzhou, and Shanghai have also completed a similar process, Peng Yanzi, director of LGBT Rights Advocacy China in Guangzhou, told the Morning Post.
“Many consider it as a marriage certificate for same-sex couples. I think there’s still a long way to go,” he said, pointing out that same-sex couples don’t have the right to raise children.
Peng, who is currently going through the legal guardianship process with his own partner, called the law an “important progress in protecting the rights of LGBT people.” He said that many LGBT Chinese people face legal barriers with sharing property and making medical decisions daily.
Not everyone agrees with China legalizing same-sex marriage, much less homosexuality.
Only 31% of Chinese believe same-sex marriage should be legal in China, reported the Council on Foreign Affairs. The Pew Global Attitudes Project found that 57% of respondents polled in a 2013 survey believed that homosexuality should not be accepted. In 2016, the most recent information available, the United Nations Development Program found that more than half of 30,000 LGBT Chinese were discriminated against because of their sexual orientation, reported the Morning Post.
China has been criticized in recent years for its crackdown on LGBT social media and online content, television shows, and other media.
Complications remain with the law as application of the new rules still need to be clarified, the Morning Post reported. At the same time, same-sex couples continue to push forward on legalizing same-sex marriage, adoption rights, and other rights in China.
Got international LGBT news tips? Call or send them to Heather Cassell at WhatsApp: 415-517-7239, or Skype: heather.cassell, or oitwnews@gmail.com.
