Independent Opinion of CEDAW
36. LGBTQI+ families are not equally protected by law in the birth and
adoption of children. Article 20 of the Act for Implementation of
J.Y. Interpretation No. 748 stipulates that a same-sex spouse may
adopt the biological children of the other spouse, but they may not
jointly adopt children. Current regulations and subsidies for assisted
reproduction do not apply or apply mutatis mutandis to same-sex
families.51
Recommendation 25
(1) The government should expeditiously amend the law on
transnational same-sex marriage and propose a specific time
frame for its completion. Until adequate legislation is in
place, it would be appropriate for the government to provide
transnational same-sex couples with residency, family visit, and
humanitarian assistance measures.52
(2) The government should amend the laws and regulations related
to adoption and propose specific procedures to protect the best
51
Under the Assisted Reproduction Act, assisted reproduction is currently available to
heterosexual married couples who are infertile, but not to same-sex married couples. The Act
for Implementation of J.Y. Interpretation No. 748 also excludes the application or mutatis
mutandis application of the Assisted Reproduction Act to same-sex married couples. In 2021,
the government extended the in vitro fertilization subsidy to all infertile heterosexual families.
52
The Control Yuan investigative report Transnational Same-Sex Marriage approved on January
18, 2022, points out that the Executive Yuan has been asking the MOI since 2016 to explore
measures for foreign same-sex spouses/couples who have registered abroad to reside in
Taiwan as dependents. Both the MOI and the Ministry of Foreign Affairs have agreed to apply
regulations to same-sex spouses/couples as if to heterosexual spouses and allow them residency
in Taiwan based on marriage. However, after the promulgation of the Act for Implementation of
J.Y. Interpretation No. 748, many transnational same-sex couples are still not allowed to come
to Taiwan to reside as dependents.
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