A group of women hold rainbow umbrellas to celebrate the International Day against Homophobia. Photo: IC

A court in Zhoushan, East China's Zhejiang Province, has filed a child custody case of a same-sex couple, a controversial case because it is difficult to determine who is the children's mother as one of the women donated eggs while the other gave birth to the children.

According to a document sent by LGBT rights advocacy China to the Global Times, Didi (pseudonym), female, sued her female lover at the end of 2019, asking the court to award her custody of their two children and order the defendant to pay child maintenance of 10,000 yuan ($1,417) per month until the children reach the age of 18.

Didi and her girlfriend, the defendant, was registered as married in the US in 2016. In 2017, the couple received an embryo transfer in the country, and each gave birth to a son and a daughter.

Didi provided the uterus and the defendant provided the eggs for the births, so it's hard to define the biological mother of the children.

Gao Mingyue, the lawyer representing one of the two parties told media that there were many controversial legal issues in the case. For example, should a child's mother be determined by "genetic theory" or "childbirth theory?" Should the case be governed by Chinese or American law?

Gao also pointed out that, although gay marriage has not been legalized in China, the court should make protection of children's legal rights as a priority when determining custody.

In July 2017, the couple came back to live in China with their children. In November 2019, their relationship broke down.

Didi said the defendant left her and took the children from her, which "not only seriously damaged her parent-child rights, but also caused serious harm to her and her children.�?/span>