It is normal for the same-sex combination to be in the social life and legal norms of European countries. However, because of traditional concepts and social awareness, our country is relatively concealed and treats homosexuals with a different perspective. In recent years, people have talked about this topic more openly. A proposal by the well-known sexologist Yinhe Li, which has been working hard to legalize same-sex combination can be submitted to the legislators.
In my opinion, we should have a rational understanding of whether the law should regulate the same-sex combination. Homosexuals belong to a minority group, but their rights are not negligible. Because the same-sex partnership has no legal protection, they face many problems: domestic violence, property inheritance, and adoption of children. Therefore, the law should stipulate that even if the Civil Code does not stipulate, there should be a single law, which can reflect the human care of the law, enable homosexuals to establish and maintain long-term relationships, reduce the spread of sexually transmitted diseases, reduce homosexuals into heterosexual marriage, and avoid marriage tragedy.
In September 2020, the Huli District Court of Xiamen City made a first-instance judgment on our country's first case of disputes over custody rights for same-sex couples: the child belongs to the "pregnant mother". Basic case: Xiaoti and Xiaomei are same-sex couples, and they decide to have children. They bought sperm, Xiaoti provided eggs, combine the sperm with the eggs with assisted artificial reproductive technology, and implant them in Xiaomei's uterus. Then Xiaomei became pregnant and gave birth to one daughter, named Yaya. But before Yaya is one year old, they broke up in conflict. Xiaomei took Yaya away. Xiaoti sued Xiaomei to the court for custody of Yaya. The court held that, in the absence of clear provisions in Chinese law, it cannot be determined that Yaya has a legal parent-child relationship with Xiaoti only by the confirmation of both parties or only because it has the genetic information of Xiaoti. The birth medical certificate states that Xiaomei is mother (father's name is not stated), and the child still needs breastfeeding under one year of age, so the decision to be raised by Xiaomei is more conducive to the healthy growth of Yaya.
When our country does not recognize the legality of same-sex marriage, it is illegal for the parties in this case to purchase sperm and conceive them through assisted artificial reproductive technology. Article 107 of the Civil Code stipulates: "It is prohibited to buy or sell human cells, human tissues, human organs, and remains in any form. Any transaction that violates the provisions of the preceding paragraph is invalid." However, the problems caused by same-sex unions in our country are no longer eliminated only judging by violations of laws and public order and good customs. The same-sex combination is not the mainstream, but it also reflects the diversity of marriage. The combination of law and norms is not to encourage homosexuality, but to embody equality before the law. The generation of homosexuality is not caused by legal reasons. There are too many comprehensive factors, so it should be avoided.