Gay couple in Beijing become first to take advantage of new legal rights
- Couple were married overseas, but because this is not legally recognised in China the step is seen as the closest thing to a marriage certificate
- Becoming each other’s guardian helps protect property rights and allows them to authorise medical treatment
A same-sex couple in Beijing have become the first in the city to complete the process of being named as each other’s legal guardian in what is being seen as a major step forward in the protection of LGBT rights.
The unnamed couple were married overseas, but their union is not legally recognised in China. However, the guardianship process – completed through the Beijing Guoxin Notary Public Office – will allow them to make their partner the beneficiary of their will and confer other legal protections, Beijing News reported on Thursday.
The couple, who have been together for 10 years, took the decision so they can act as legal guardians for each other when they grow old or need hospital treatment.
Same-sex couples are not able to marry or adopt under existing laws in China, but since 2017 all adults have been able to appoint their own legal guardian to act on their behalf should they partly or completely lose their mental capacity, for example when undergoing medial treatment. Previously only the elderly were allowed to do so.
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Before the Beijing case, more than 10 LGBT couples in other cities – including Shanghai, Guangzhou and Chengdu – have gone through similar procedures to acquire what is often likened to a marriage certificate, according to Peng Yanzi, director of Guangzhou-based LGBT Rights Advocacy China, a non-profit organisation.
“It’s an important progress in protecting the rights of LGBT people because in daily life, we do face challenges such as sharing our property and getting informed consent for surgery,” said Peng, who is going through the guardianship process with his own partner.
However, Peng said the low uptake was partly because many people did not know that they could take advantage of the new rules, and the Beijing couple said they had only recently heard about the change.
Peng also said the details on how the new rules can be applied still need to be clarified, and same-sex couples are still seeking more legal rights.
“Many consider it as a marriage certificate for same-sex couples, but I think there’s still a long way to go. For example, we still don’t have the right to raise children,” he said.
Sexual activity between members of the same sex was illegal in China until 1997 and homosexuality was officially classified as a mental illness until 2001.
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Wang Yue, who appointed his partner as his guardian and had it notarised in Xiangyang, a city in Hubei province, last year, said acquiring guardianship was currently the best way for Chinese LGBT couples to protect their rights.
“My parents have both passed away, and me and my partner are both so happy that he can be my guardian,” he said.
Wang, who said he had not even understood what the word homosexual meant until he was 21, said Chinese society was becoming more tolerant, “but some LGBT people fear to admit who they are and that makes things complicated”.
However, he urged people to speak out. “Only when the public know our existence and learn about us that they will better accept us,” he said.
