Any public discussion about LGBT in China can easily arouse contraversies among netizens. Indeed, even the government has maintained a harsh stance towards any public talk and discussion of LGBT issues in China. A young lawyer in our law firm who has been focusing on providing legal services for LGBT clients was even approached by police officer to hush her down.
However, it is my personal belief and conviction that every human being in the world has the right to live their own life so long as it doesn't pose threats or jeopardies to others. Traditional moral standards or social mainstream attitudes shall not be the reasons to suppress or even purge LGBT communities in any society. After all, they were just born that way, like each of us, they deserve their own happiness and joy in life.
I even remembered a few times that in my cross-border familiy and estate law practice, I did have clients belonging to LGBT group. I never feel hesitant to help them out.
Now I and my team have decided to launch legal services to LGBT communities in China esp when a foreign element is invovled as my team have been mainly engaged in cross-border family and inheritance matters. Given the sheer size of LGBT communities in China, which is estimated to any number between 50-70 million, cross-border legal issues between and among them are vastly in existence, calling for foreign related legal services from within China's legal communities. To the best of my knowledge, there has not been many lawyers providing such legal services to them.
So here we are!
Basically we will focusing on legal services in the following areas:
1. Marriage-related legal services: for the reason that China doesn't recognize same-sex marriages, LGBT people who wish to live together as partners should sign a partnership agreement or contract to definie their rights and obligations in their partnership life, esp in regard to property, gift or debts;
2. Child-related legal services: as human beings, LGBT unions may wish to have their own children either by way of adoption or surrogacy or otherwise, there will be legal documents to be drafted; once they have their children, it is necessary for them to agree on how the burden of raising the children is assumed and shared between them, and who will have custody over the chilren if their relationship breaks down. It is more imperative for those LGBT couples or partners to enter into such contracts to avoid future disputes over children when there is no pertinent law addressing such issues.
3. Estate planning and inheritance related legal services: as most others, LGBT couples or parnters need to plan for their elderly life and death and death-ensuing issues like inheritance. Fortunately enough, under current Chinese laws, consentual guardianship is now available for LGBT to employ in planning for their incapacity stage of life. In regard of inheritance and estate planning, it is something necessary and indispensible for LGBT people to do for their assets in China, so writing a will is a must in their life, making sure their loved ones will be able to receive their estate when he or she is gone. The development of China family trust law may also offer more flexible legal instruments for their estate planning.
Life is tough for most people, and is tougher for LGBT in a relatively conservative society like China.
Don't hesitate to reach us for help!
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