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21 May 2023

Taiwan grants adoption rights for same-sex couples

It's a big win for the LGBTQ community.

 

 

In 2019, Taiwan became the first country in Asia to legalise same-sex marriage, and has now approved an amendment to an existing law after years of fierce campaigning by LGBTQ+ activists. 
The extension to the Same-Sex Marriage Act, approved on Tuesday (16 May), allows same-sex couples to jointly adopt a child to whom neither of them are related, a right previously only open to heterosexual couples and single people, CNN reported.
Previously, if a same-sex couple wanted to adopt a child, only one of them could register as the child’s legal parent. 
“I am very excited that we granted joint adoption rights to same-sex couples today,” Fan Yun, a lawmaker from the ruling Democratic Progressive Party (DPP), said. 
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“Legally, we have finally returned same-sex couples to their children… parental love is the same, and only through joint adoption can we protect the rights and interests of each other by law.”
The DPP described the law as a monumental milestone.
The introduction of same-sex adoption in Taiwan follows a ruling in December 2021 that challenged the ban, with a gay man in Kaohsiung City being granted the right to adopt his husband’s child.
A family court ruled that 38-year-old Wang Chen-wei’s child, whom he had previously adopted, could also be adopted by his 34-year-old husband Chen Chun-ju.
At the time, the ruling applied only to their specific case and did not legalise same-sex adoption country-wide, something Chen-wei described as absurd. 
“I am happy that my spouse is also legally recognised as the father of our child… but I can’t feel all that happy without amending the law,” he told to AFP.
Taiwan recently held its first LGBTQ+ Pride celebration in two years – after the country relaxed its strict COVID-19 restrictions – which attracted more than 120,000 revellers to the capital Taipei.

 

In 2019, Taiwan became the first country in Asia to legalise same-sex marriage, and has now approved an amendment to an existing law to allow same-sex couples to jointly adopt a child to whom neither of them are related, a right previously only open to heterosexual couples and single people.

Previously, if a same-sex couple wanted to adopt a child, only one of them could register as the child’s legal parent. 

The introduction of same-sex adoption in Taiwan follows a ruling in December 2021 that challenged the ban, with a gay man in Kaohsiung City being granted the right to adopt his husband’s child.

A family court ruled that 38-year-old Wang Chen-wei’s child, whom he had previously adopted, could also be adopted by his 34-year-old husband Chen Chun-ju.

At the time, the ruling applied only to their specific case and did not legalise same-sex adoption country-wide.

What's life like for LGBTQ people in Taiwan?

In terms of LGBTQ equality, Taiwan has been seen as one of the most progressive countries in Asia. Taiwan Pride attracts huge crowds, and a 2017 ruling by the country’s Constitutional Court set Taiwan firmly on the path towards marriage equality.

However, in a referendum held in November 2018, aspirations for marriage equality took a backward step, the most voters supporting a definition of marriage that restricts it to being a union between a man and a woman.

In its 2017 ruling, the Constitutional Court gave Taiwan’s parliament a maximum of two years to amend or enact laws so that same-sex marriage was legally recognised. According to the court ruling, if the Parliament failed to do so by 24 May 2019, same-sex marriage will automatically become legal.

The good news is that Taiwan’s parliament bit the bullet and enacted the legislation required to make marriage equality the law of the land.

Taiwan’s LGBTQ Pride celebrations are held on the last Saturday every October. It’s believed to be the largest gay pride event in East Asia.

Reader's Comments

1. 2023-01-02 11:56  
Even though Taiwan same sex marriage law is passed, the Taiwanese gays are still staying behind the veil . They still do not dare to come out to the parents especially. the youngsters. They do not want to use Kinsey Scale Test to challenge the anti homosexual people.
2. 2023-05-22 00:38  
Bravo! More countries need to get on board.

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