China: Guardianship law still falls short for most LGBT couples

A gay couple in Beijing recently made national headlines when they became the first same-sex couple to become each other’s legal guardian.

The option – which allows them to authorise medical treatment and confers the highest degree of legal protection available in a country where gay marriage is still prohibited – has been open to same-sex couples for two years, but so far only a dozen or so couples have taken advantage of it.

While the publicity the unnamed Beijing couple attracted may have helped raise awareness of a change in the law that many members of China’s LGBT community did not know about, many of those who have tried to take advantage of the measure have faced a series of other barriers.

Even successful applicants have found the process complex and time-consuming. The notary needs to meet the applicant several times to discuss the specific terms of the notarisation, mostly in microscopic detail, such as whether the guardian is allowed to sell their house to pay for the partner’s hospital treatment.

Peng Yanzi, director of the Guangzhou-based group LGBT Rights Advocacy China, tried to register his relationship with his partner but was told that notaries considered it an unnecessary procedure. When Wang Yue, a 40-year-old from Xiangyang, Hubei tried setting up legal guardianship with his boyfriend in 2018, the couple faced a similar series of problems. Read more via South China Morning Post