The “Surrogacy controversy” that has caused an uproar in the whole entertainment circle is still not over, Zheng Shuang and Zhang Heng are fighting a lawsuit in a foreign country.
On March 22, local Time, Zheng Shuang, who has not been seen for a long time, unexpectedly appeared in Denver County, Colorado, USA to attend the court hearing of the two children together with his former lover Zhang Heng.
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A brief review of the case: popular actress Zheng Shuang and agent Zhang Heng decided to secretly have a boy and a girl in the U.S. through a surrogate while they were in a hot relationship, with the children being born in late 2019 and early 2020, respectively.
When the surrogacy process was underway, Zheng Shuang and Zhang Heng decided to break up and the woman proposed the idea of abortion and abandonment, and did not go to the U.S. before and after the birth of the child, who was taken care of by the man. In early 2021, Zhang Heng’s side exposed the matters related to the birth of a child with Zheng Shuang’s surrogate, causing an uproar. At the same time, Zheng Shuang v. Zhang Heng civil loan dispute case in late 2019 had a second trial in early 2021, and the verdict has not yet been pronounced.
Based on the above background, Zheng Shuang and Zhang Heng went to court in the U.S. Zheng Shuang’s side’s claim was that he wanted to co-parent the two children with Zhang Heng, and Zhang Heng’s side offered to refuse.
The court hearing once again disclosed detailed information about the surrogacy and child rearing between Zheng Shuang and Zhang Heng, and Netease Entertainment exclusively invited Zhang Lizhen, the founding partner of Beijing Anjia Law Firm, to give a legal interpretation of the case.
Zhang Heng has the advantage of the lawsuit Zheng Shuang needs to prove that he loves the child
The lawyer Zhang Li Zhen told Netease Entertainment that from the information disclosed so far, Zheng Shuang and Zhang Heng are not related, the child is born out of wedlock in China and enjoys the same legal status as a legitimate child, it is clear that Zheng Shuang and Zhang Heng are the medical Parents of the child.” Personally, I think Zheng Shuang and Zhang Heng are joint custodians, and the lawsuit is now filed to clarify the future custody relationship of the child and how and who to listen to for major decisions regarding the child in the future.”
Although surrogacy is legal in the U.S., Zheng Shuang emphatically indicated to the judge that the reason for choosing surrogacy was due to a bad heart from dieting when she was young, and therefore her health did not allow her to have children on her own.
Attorney Lizhen Zhang analyzed the legal technique, “This can be seen as a lead-in to Zheng’s comments indicating that although she was unable to have children for objective reasons, she still chose to have a child through surrogacy, indirectly proving that she had a strong desire to have a child and wanted the judge to think that she loved the child, a pavement to achieve a joint custody claim.”
What kind of journey did Zheng go through from having the idea of abortion and abandonment to fighting for joint custody? She told the judge that in September 2019, when the surrogate mother was already more than six months pregnant, she and Zhang Heng terminated their relationship, and she found in the other party’s cell phone that he was unfaithful to the relationship and could not be sure he could give the child a good Family, which also led to counseling for abortion, sending for adoption and stopping the surrogacy.
Attorney Lizhen Zhang pointed out that Zheng Shuang’s attempt to have the surrogate mother aborted is illegal in the U.S. “The U.S. will take into account how much your violation affects the subsequent raising of the child, and how can you prove that you will be good for the child since you don’t want the child? Let’s see what evidence Zheng Shuang can submit to prove that he has deep feelings for the child, otherwise it will be difficult to get support for the claim.”
Some netizens have questions about this: why is Zheng Shuang only fighting for joint custody? Lawyer Zhang Lizhen told NetEase Entertainment, “Zheng Shuang is now fighting for co-parenting is actually a matter of strategy, she wants to raise the child alone is completely impossible, so adjust their litigation ideas, is not really want to raise the child another story.”
Unlike Zheng Shuang, Zhang Heng shared a lot about raising her two children for more than a year during the trial, and also mentioned that Zheng Shuang did not get along well with the children after her recent visit to the U.S., and did not even take care of them for long before throwing them to her assistant.
Lawyer Zhang Lizhen said in response, “In China, a child raised by one parent alone for more than 6 months for a long time is more likely to be awarded to that parent. But the common law system is different from our legal system, from the questions asked by the American judge in court, there is a tendency to consider co-parenting.”” In accordance with the relevant provisions of our current Civil Code, from the current situation of the child, the actual or Zhang Heng win is more likely, because joint custody is not very good.”
Exposed by Zhang Heng emotionally unstable abuse of dogs Zheng Shuan mental problems become the key to defense
In this trial it is worth noting that from the evidence submitted by Zhang Heng, he questioned the mental health of the woman, revealing that Zheng Shuang had indicated that she had an unstable personality and a tendency to want to commit suicide, and after discussion the judge asked Zheng Shuang to do a mental identification.
Lawyer Zhang Lizhen said Zheng Shuang’s mental illness can have a big impact on child custody attribution because the first consideration is to maximize the interests of the minor child, regardless of the law of the country.
“Zheng currently has four major disadvantages: the child has not lived with her for a long time; she had the idea of aborting and abandoning the child before it was born; the child is now a stranger to her and she does not have the patience to care for it; and her mental condition is in question.”
It is crucial for Zheng Shuang to next prove that her mental condition is stable, and if she cannot prove that she has recovered from an emotional illness, then it is highly unlikely that she will want to fight for co-parenting. On top of that, Zhang Heng also suggested that Zheng Shuang was abusive and therefore could not feel comfortable giving the child to her.
“Zhang Heng has no direct evidence that Zheng Shuang has abused the dog, it is just a statement. In addition, even if Zheng Shuang’s dog abuse is proven, it does not prove that she would then be guilty of child abuse.” Lawyer Zhang Lizhen explained, “It still depends on whether Zheng Shuang’s mental state was stable at the time. You can’t use a normal person’s mind to judge whether an act done in an abnormal state is reasonable, and you can’t infer whether she would do it again under normal behavior. From the perspective of legal defense, even though Zheng Shuang is questioned to have mental type problems, if she is now healed, her previous abortion, abandonment and dog abuse idea behavior can be pleaded again for the judge’s understanding on the grounds that it was caused by her illness.”
Zhang Heng exposed the child suspected of impure purpose Zheng Shuang raised third-party supervision needs
When it comes to issues related to the child, Zheng Shuang excitedly expressed his dissatisfaction with Zhang Heng’s exposure of information related to the child, saying that the child needs to be protected, and also thus raised the hope that third-party supervision retains the child’s passport.
“These words are Zheng Shuang in shaping the bad image of Zhang Heng recklessly exposing the privacy of his children”, Zhang Li Zhen lawyer analyzed this: “Zhang Heng wants to bring the child back, in fact, according to the local law, has been solved by way of litigation, not to expose the child will also get a more perfect result, the United States during the Epidemic has a proper relaxation of the visa stay period. Although Zheng Shuang did not cooperate with Zhang Heng, but Zhang Heng still extended his visa as he wished, he was using the child and creating public opinion to hit Zheng Shuang. Zheng Shuang felt that since Zhang Heng could not protect the privacy of the child, it was safer to put the child’s passport and other privacy into the custody of a third party organization.”
Referring to the matter of Zhang Heng’s exposure of the child, lawyer Zhang Lizhen also made a point of mentioning, “
The timing of Zhang Heng disclosing the child matter is very delicate, that is the time of the second trial with Zheng Shuang in Shanghai debt dispute. I believe that the judge is professional and will not cause the outcome of the lawsuit to be mixed with subjective factors because of public opinion. But I personally think
Zhang Heng’s exposure behavior is more in the way of public opinion to Zheng Shuang pressure, such as let her take the initiative to withdraw the lawsuit, the 20 million do not want, things passed ……
From an objective point of view, Zhang Heng’s behavior will only affect Zheng Shuang herself and will not affect the case.”
“Zhang Heng’s side exposed Zheng Shuang’s salary in the second trial, from the law and the case, actually has nothing to do with whether he pays back the money or not, which is still trying to take advantage of public opinion. If it was intended to thus point out that Zheng Shuang had tax evasion, then he could have reported it to the tax authorities, but he concealed it even then as a manager, and now he is not disclosing it to the authorities, he is exposing it to the public. How much money Zheng Shuang earns has nothing to do with his debt problem.”
The lawyer lamented: the child is very poor, by two people to take advantage of
Going back to the custody case, the court hearing ended on March 22, U.S. time and will be heard again on April 6. From the news disclosure comes the information that Zheng Shuang’s party proposed that the court interpreter was inaccurate in translating certain professional contents and wanted to retry the case. The lawyer Zhang Li Zhen indicated that due to the rigor of law, “inaccurate translation may make the judge have a different understanding of the expression of both sides and may affect the judge’s decision, so there is no problem to retry.”
For the next court prediction, Zhang Lizhen lawyer told NetEase Entertainment: “foreign should be similar to domestic, not the case of the court sentencing, the second hearing may be on the questions not asked, should be the last hearing, custody case is not particularly difficult big case, and this hearing is more complete questioning. The judge is also going to decide around the two directions of whether the parents are capable of raising the child and who the child is living with more often now.”
Finally, as a matrimonial family lawyer, lawyer Zhang Li Zhen said helplessly: “I did not see Zhang Heng or Zheng Shuang any party is really thinking about the child.
The child is very poor and is being used by two people. As adults, parents, think about two innocent lives.
Don’t extend your own selfish interests to affect the future growth of your child.
It can be foreseen that these two children of Zheng Shuang will be subjected to what kind of social opinion in the future. Zhang Heng has disclosed so many bad things about Zheng Shuang that the children can see what their parents have done when they grow up, which will cause some harm to the children’s mind.
Both sides are not qualified parents, I hope they will grow well on this road of Education and raising.”
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