VII. Sexual Orientation, Gender Identity and Expression actively engage in dialogue with the intersex community, consolidate opinions and resources, and compile complete statistics for the purpose of formulating relevant human rights measures.
(2) The government should immediately amend relevant laws and regulations to depathologize the conditions for gender change registration, protect the medical autonomy of transgender people, remove gender reassignment surgery as a mandatory condition for registration change, and provide counseling resources.
Family Rights of LGBTQI+ People 35. Judicial Yuan Interpretation No. 748 confirms the constitutional right of Taiwanese nationals to same-sex marriage. However, there are still restrictions on the registration of marriages between Taiwanese nationals and foreign nationals of countries that do not recognize same-sex marriage.50 50 The Control Yuan investigative report Transnational Same-Sex Marriage, approved on January 18, 2022, points out that the schedule of relevant amendments, such as the Judicial Yuan's draft amendments to Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements and the Mainland Affairs Council's amendments to the Act Governing the Relations between the People of the Taiwan Area and the People of the Mainland Area, remains unknown. Additionally, MOI statistics show that as of December 31, 2021, 27 cases of transnational same-sex marriage registration were rejected in writing by household registration authorities, of which seven cases filed appeals but were rejected, six cases proceeded with administrative litigation (one withdrawn), and three cases received court rulings that the marriage could be registered. According to civil society organization statistics, nearly 500 transnational same-sex couples are unable to register their marriages.
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