Thuy and Trang met in 2019 through a mutual friend. In 2021, Thuy moved from Kon Tum to Hai Phong for work and stayed at Trang's home. Their relationship blossomed, and they envisioned a long-term future together.
Although unable to legally marry, Thuy desired to have a child. Using Trang’s egg, she conceived through artificial insemination, giving birth to a daughter in May 2024.
To establish a family structure for their child, the two women agreed that Trang would legally become the adoptive mother. They drafted an agreement stipulating that the biological mother, Thuy, would retain all rights and responsibilities toward the child. The agreement also stated, "In any circumstance, the adoptive mother has no right to dispute or seek custody of the child."
On 1/7/2024, the People's Committee (UBND) of Quoc Tuan Commune in Hai Phong issued a domestic adoption certificate for Trang. The child's surname was then changed to Trang's.
In July 2024, Thuy returned to Kon Tum with her daughter. Concerned about the potential impact of their same-sex relationship on the child's development, she filed a lawsuit. Thuy requested the court to terminate Trang's adoption and restore the child's original birth name.
During the court hearing on 5/8, Trang explained that their decision to have a child was a result of their mutual love and agreement. After the child's birth, both women shared in her care.
Regarding the clause in their agreement stating Trang had no custody rights, Trang argued she signed it to avoid conflict, given Thuy's emotional state postpartum. She claimed she hadn't fully understood the legal implications and now wanted to fulfill her responsibilities as the legal adoptive mother.
In court, Trang requested the court to nullify the disputed clause and terminate Thuy's parental rights and responsibilities. She asserted her stable job and financial security provided a better environment for raising the child.
The court ruled against Thuy's request to terminate Trang's adoption. They upheld Trang's counter-request, nullifying the clause denying her custody rights.
The ruling affirmed Trang's adoption of the child and granted both women parental rights and responsibilities, despite their lack of a legally recognized marriage.
This case is one of several reviewed by Hai Phong’s judicial system to enhance judges' skills in handling complex and emerging civil cases in today’s society.
Le Tan
