A biological father addicted to gambling neglects his family, while the stepmother nurtures the girl as her own. When the remarriage comes to an end, with whom shall the minor stepdaughter reside? On one side stands a negligent natural blood relative, and on the other a devoted fictive blood relative. How shall a people¡¯s court rule on the child¡¯s custody?

[Case Review]

At the end of 2017, following his divorce from his ex-wife, Mr. Ning left his five-year-old daughter Xiao Ning to live with relatives. In early 2018, Mr. Ning registered his marriage with Ms. Pan, and he brought the young girl to their household, raising her together with his new wife. Though the couple later had their own son and daughter, Ms. Pan always treated Xiao Ning as her own.

Yet their peaceful life was short-lived. Mr. Ning fell prey to gambling, racked up massive debts and pushed the family to the brink of financial collapse. During this period, he repeatedly engaged in fierce quarrels with Ms. Pan over trivial domestic matters, arbitrarily subjected Xiao Ning to verbal and physical abuse, and received administrative detention from public security organs due to his gambling offenses. In June 2025, utterly disheartened, Ms. Pan moved out with all three children and submitted a divorce petition to the people¡¯s court, seeking legal custody of all three kids including Xiao Ning. By contrast, Mr. Ning stubbornly insisted: ¡°Xiao Ning is my biological daughter, so she must live with me.¡± To ascertain Xiao Ning¡¯s genuine wishes, the presiding judge held a private one-on-one interview with the minor during litigation. Xiao Ning said determinedly to the judge: ¡°I want to stay with Mom.¡±

[Ruling of the People¡¯s Court]

The people¡¯s court held that Mr. Ning, disregarding his family responsibilities, had developed a gambling addiction and repeatedly failed to get rid of it, leading to marital discord and imposing a significant financial burden on the family. The court thus determined that the marital relationship had indeed broken down. Regarding the custody of the three children, based on the principle of the best interests of the minor child, the court ruled that the son and daughter born of the marriage between Mr. Ning and Ms. Pan should live with Ms. Pan in accordance with the law. Furthermore, under relevant legal provisions, the rights and obligations between a stepparent and a stepchild who has been raised and educated by the stepparent shall be governed by the provisions governing the relationship between parents and children. For a child who has reached the age of eight, the child¡¯s genuine wishes shall be respected in determining custody.

In this case, although Mr. Ning is the biological father, he is addicted to gambling and has neglected to take care of Xiao Ning. In contrast, Ms. Pan, as the stepmother, has for many years assumed the primary responsibility for raising and educating Xiao Ning, forming a deep emotional bond with her. Xiao Ning, who has reached the age of 13, has also clearly expressed a strong desire to continue living with Ms. Pan. Accordingly, the people¡¯s court ruled in accordance with the law: the divorce between Mr. Ning and Ms. Pan was granted; all three children, including Xiao Ning, were placed in the custody of Ms. Pan; Mr. Ning shall pay monthly child support to Ms. Pan; and Ms. Pan shall provide reasonable assistance to Mr. Ning in the exercise of his visitation rights. After the first-instance judgment was pronounced, neither party filed an appeal, and the judgment has now taken effect.

[Judge¡¯s Insights]

I. Natural Blood Relations vs. Fictive Blood Relations: Equal Legal Status in Parent-Child Relationships

Under the law, parent-child relationships can be divided into natural blood relations, which arise from birth, and fictive blood relations, which are formed based on long-term de facto upbringing and education. According to Article 1072 of The Civil Code of the People¡¯s Republic of China, the rights and obligations between a stepparent and a stepchild who has been raised and educated by the stepparent shall be governed by the provisions governing the relationship between parents and children.

In this case, Xiao Ning has been living with her stepmother, Ms. Pan, since early childhood and has been raised and educated by her. The two have thus formed a fictive blood relationship that complies with legal requirements. Meanwhile, the natural blood relationship between Xiao Ning and Mr. Ning objectively exists. Therefore, both Ms. Pan, as the stepmother, and Mr. Ning, as the biological father, have the right to seek custody of Xiao Ning in divorce proceedings, and their legal status is equal.

II. ¡°Negligent Parent¡± vs. ¡°Devoted Parent¡±: Adhering to the Principle of the Best Interests of the Minor Child

According to Article 54 of the Interpretation by the Supreme People¡¯s Court of the Application of the Marriage and Family Book of The Civil Code of the People¡¯s Republic of China (I), when a biological father divorces a stepmother, or a biological mother divorces a stepfather, if the stepparent does not consent to continue raising the stepchild whom they have raised and educated, the child shall be raised by the biological parent. The word ¡°shall¡± in this provision indicates that where the stepparent refuses to continue raising the child, the biological parent must assume the parenting responsibility. In other words, where the stepparent consents to continue raising the child, the stepparent may do so.

In this case, Ms. Pan has clearly expressed her willingness to continue raising Xiao Ning, and Xiao Ning has explicitly stated her desire to continue living with Ms. Pan. This takes the case out of the scope of the mandatory rule that ¡°the child shall be raised by the biological father¡± and brings it into the realm of judicial discretion, where the people¡¯s court applies the principle of the best interests of the minor child to conduct a substantive review of who should have custody.

Given the circumstances of the case, although Mr. Ning is the biological father, his gambling addiction and neglect in caring for Xiao Ning are clearly detrimental to the healthy growth of the minor child. By contrast, Ms. Pan¡¯s diligent performance of her parenting duties and the de facto parenting relationship thus formed are more consistent with the core essence of the best interests of the minor child.

III. Blood Ties vs. Parental Responsibility: The Value Orientation of Judicial Rulings in Determining Child Custody

Blood ties are undoubtedly an important bond in family relationships, but they are neither the sole foundation of the parent-child relationship nor the only criterion for determining child custody. The affection between parent and child that the law recognizes and protects may originate either from natural blood relations or from the deep emotional bonds and sense of responsibility forged through long-term cohabitation and shared life.

It is not uncommon nowadays for families to be formed through remarriage. Through a nuanced and meticulous assessment, this case made a choice between ¡°blood ties¡± and ¡°parental responsibility¡± that aligns with the spirit of the law and the best interests of the minor child. It sends a clear message to society: what matters most in child custody is the genuine commitment to parenting. The determination of child custody must always adhere to the principle of the best interests of the minor child. Whether a natural blood relative or a fictive blood relative, only those who truly fulfill their duty to raise and educate the child can serve as the bedrock for safeguarding the healthy growth of the minor child.

[Comments from a Deputy]

Lu Yin, Deputy to the Shanghai Municipal People¡¯s Congress; Director of the Planning, Construction and Ecological Environment Office of Yuepu Town, Baoshan District; Deputy Chair of the Baoshan District Committee of the China Democratic National Construction Association 

This case is a typical dispute over child custody between a ¡°fictive blood relative¡± and a ¡°natural blood relative¡± arising from divorce proceedings. The ruling not only addresses the practical issue of ¡°who should have custody of the child,¡± but also profoundly reflects the spirit of the best interests of the minor child as embodied in The Civil Code.

The people¡¯s court conducted a comprehensive review of the de facto parenting contributions made by both spouses, the emotional bonds formed, and the genuine wishes of the child herself, placing the substantive need for the healthy growth of the minor child above all else. This ruling recognizes the ¡°fictive blood relationship¡± and the ¡°devoted parent¡± while serving as a warning to the ¡°negligent parent.¡± It sends a clear message to society: what the law protects is not merely blood status, but tangible care and responsibility. In this sense, this case effectively promotes the family virtues of integrity, kindness and devotion to duty, and serves as a referential precedent for similar custody disputes involving stepparents. It demonstrates the judiciary¡¯s commitment and compassion in safeguarding children¡¯s rights and guiding social values.

[Relevant Laws]

I. The Civil Code of the People¡¯s Republic of China

Article 1072  ...The rights and obligations between a stepparent and a stepchild who is raised and educated by the stepparent shall be governed by the provisions of this Law governing the relationship between parents and children.

Article 1084  ...After divorce, a child under the age of two shall be raised by the mother as a general principle. Where the child has reached the age of two and the parents fail to reach an agreement on custody, the people¡¯s court shall make a judgment based on the specific circumstances of the parties and in accordance with the principle of the best interests of the minor child. For a child who has reached the age of eight, the child¡¯s genuine wishes shall be respected.

II. Interpretation by the Supreme People¡¯s Court of the Application of the Marriage and Family Book of The Civil Code of the People¡¯s Republic of China (I)

Article 54  When a biological father divorces a stepmother, or a biological mother divorces a stepfather, if the stepparent does not consent to continue raising the stepchild whom they have raised and educated, the child shall be raised by the biological parent.