Policy Advocacy

In 2016, Taiwan LGBTQ Family Advocacy, along with the Marriage Equality Coalition, campaigned for marriage equality. In 2019, Taiwan became the first nation in Asia to legalize same-sex marriage, however equal rights have yet to be achieved. The fight to legalize artificial insemination for same-sex couples who want to conceive, to adopt, and to legalize recognition of international same-sex marriages continues.

Under Taiwan’s current law, unmarried individuals and same-sex couples are unable to legally access artificial insemination. Currently, unmarried individuals or same-sex couples who wish to conceive biological children must invest time and money to travel abroad in order to receive the necessary professional medical care for artificial insemination.

In 2012, Taiwan opened adoption to unmarried individuals who wished to become parents. However, after same-sex marriage was legalized, the laws and regulations have not yet been amended to allow for same-sex couples to jointly adopt children nor to allow for second-parent adoptions after a single parent with an adopted child enters into a same-sex marriage.

In 2004, the Gender Equity Education Act was passed in Taiwan, which requires advancement in genuine gender equality, elimination of of gender discrimination, safeguards for human dignity, and provisions of educational materials and a safe environment for all students. This law aided in providing a safer school environment for students of all sexual identity and orientation. Educators and educational institutions must provide appropriate materials and a safe environment for students to engage in discussions about LGBTQ issues, only then can they begin to respect diversity.

In 2009, Taiwan passed the “International Covenant Civil and Political Rights” and “The International Covenant on Economic, Social, and Cultural Rights”. In recent years Taiwan has joined many human rights conventions, many of them pertaining to gender and LGBTQ family rights. As a nation we are eager to demonstrate an interest in international human rights issues through our continued participation in international human rights conventions.

Article 20 of the “Judicial Yuan Interpretation No. 748” states “In the event where one party to the union as stated in Article 2 adopts the genetic child of the other party, the provisions of Civil Code concerning adoption shall apply mutatis mutandis.”
The same-sex couple must demonstrate an established relationship between the parent wishing to adopt and the child. The adoption is limited to the genetic child of the other spouse. If the child is not the genetic child of their first parent and was adopted, the child cannot be adopted by the second parent. For a more in-depth explanation or for additional details please feel free to contact our association.

Although the “Judicial Yuan Interpretation No. 748” passed, there has yet to be any significant changes to official government forms and documentation acknowledging or even allowing for the official existence of LGBTQ families. Official forms such as birth certificates, pediatric health forms, student information forms, etc. still often fail to provide appropriate title fields for LGBTQ families. Recognition and inclusivity should be made available to all families.

If you have any additional questions pertaining to legal issues or LGBTQ related laws and/or require legal consultation in regards to these issues, please feel free to contact our association: [email protected]