Between Exclusion and Legitimacy: Identity Negotiation and Ethical Dilemmas of Chinese Lesbians in the Assisted Reproduction System

在排斥与合法性之间:辅助生殖系统中中国女同性恋者的身份协商与伦理困境

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Abstract

In China's current assisted reproduction system, marriage and sexual orientation serve as key entry barriers, leaving lesbians facing institutional exclusion under the dual identities of "unmarried" and "non-heterosexual." The marriage system, heterosexual norms, and technical regulations jointly construct the institutional structure that excludes them from the legal reproductive system. Drawing on the theoretical frameworks of reproductive justice and biopolitics, this article analyzes how Chinese lesbians navigate state institutional restrictions on their reproductive rights, drawing on literature research and five in-depth interviews. Despite current closed policies, some interviewees, in response to hypothetical questions, expressed openness to the strategic identity path of "single motherhood." This article proposes that, in the context of future policy relaxation, this path may become an important tool for negotiating entry into the legal reproductive system. The study finds that this strategy not only demonstrates individuals' negotiation of legitimacy within institutional interstices, but also reveals the complex tensions between moral norms, legal gaps, and kinship structures. This article argues that the ethical governance of reproductive technology should not screen reproductive eligibility based on the criteria of "qualified citizenship," but should instead be based on the principles of human rights and equality, responding to the legitimate needs of marginalized groups.

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