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Laws

TAIWAN

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is believed to be lawful at eighteen (18) years [citation required], although sixteen (16) years has been reported as the age of consent [R1.1].

R1.1 Avert: Worldwide ages of consent (Accessed 10 NOV 10)
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

National

As at November 2008, Taiwan prohibits artificial insemination treatment for single women and women in a same-sex relationship [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
Civil Unions, Partners (Domestic, Registered) Legislation/Cases/References
See also: [MARRIAGE]
1.

National

In April 2012, the Ministry of Interior in Taiwan issued a progressive policy:– in a paper on funeral etiquette to be released in June, the government suggests that obituaries avoid euphemisms like 'close brotherly or close sisterly relationship' to refer to gay partners [R1.4].

On 25 July 2011, the Ministry of Foreign Affairs confirmed that same-sex spouses of diplomats posted to the country are not entitled to full diplomatic immunity and other privileges in Taiwan currently enjoyed by their straight counterparts [R1.3].

On 19 April 2008, legislation that would have recognised same-sex couples was delayed because of what one activist sees as a possible backlash in the run-up to next year’s presidential elections [R1.2].

In March 2002, the ministry of justice reportedly drafted a law to allow for legal unions between same-sex couples in Taiwan [R1.1].

2.

Courts & Tribunals

On 27 March 2012, the Taipei High Administrative Court was expected to start hearing a case to decide whether a same-sex couple can register under the same household [C2.2], [R2.1].

R1.4 GayStarNews: Gay euphemisms dismissed from Taiwan's obits 05 APR 12
R1.3 PinkNews: Taiwan denies gay foreign diplomats immunity for their spouses
R1.2 Star Observer: Taiwan Law Reform Shelved 20 APR 08
R1.1 The Advocate: Taiwan May Legalize Same-sex Unions 12 MAR 02
C2.2 Quaere: Chen Jing-hsueh and Gao Jhih-wei v. Taipei City Zhongshan District Household Registration Office
R2.1 GayStarNews: Taiwanese court to hear same-sex household registration case 23 MAR 12
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

National

In 2007, discrimination in employment based on sexual orientation became unlawful [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, MAY 09
HIV Aids Legislation/Cases/References
See also: [MILITARY]
1.

National

Taiwan government policy bans foreign citizens infected by HIV [R1.1].

According to the amended AIDS Prevention Regulation (APR), expelled foreigners can make a plea to the Department of Health (DOH), and theoretically, the deported would have the chance to re-enter Taiwan.

However, in a recent case the Center of Disease Control, which comes under the DOH, denied they had jurisdiction to consider such applications.


In November 2010, government officials were reported to have disclosed information about the HIV statuses of citizens drafted into the military, contrary the HIV Infection Control and Patient Rights Protection Act [R1.2].

R1.1 IGLHRC: Protest Ban on HIV-Positive Foreigners 06 DEC 01
R1.2 HIVPLUS.com: Taiwanese Government Workers Breach HIV Privacy Law 08 NOV 10
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is lawful [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Marriage Legislation/Cases/References
1.

National

On 01 January 2013, the first legislative hearing was reported to have discussed possible same-sex marriage equality. The current proposal changes only articles 972, 973 and 980 of the Civil Code, altering the words from 'male' and 'female' to gender-neutral language [R1.8].

On 25 July 2011, the Ministry of Foreign Affairs confirmed that same-sex spouses of diplomats posted to the country are not entitled to full diplomatic immunity and other privileges in Taiwan currently enjoyed by their straight counterparts [R1.7].

Before May 2007, marriage between two individuals under Taiwanese civil law reportedly would immediately take effect as long as there was a public ceremony with two witnesses [R2.1].

In September 2003, the Taiwan government was reportedly drafting legislation to abolish the death penalty and legitimise gay marriages [R1.6] however, introduction of the legislation was delayed, possibly because the government feared a backlash in the run-up to next year's presidential elections [R1.5].

As at July 2003, the Taiwanese government did recognize same-sex marriages, either of its own citizens or of foreign nationals in the country [R1.4].

In October 2000, Chinese gay rights activist Chi Chia-wei requested that the ROC Council of Grand Justice in Taiwan offer a justification for their refusal to grant Chi a wedding licence [R1.3].

On 10 November 1996, Taiwan saw its first public gay wedding. Author Hsu You-sheng married his longtime American boyfriend, Gray Harriman [R1.2].

In September 1996, Chen Shui-bian, the mayor of Taiwan's capital, reportedly would officiate at a November wedding of two gay men [R1.1].

2.

Courts & Tribunals

On 23 January 2013, Chen Ching-Hsueh and his partner Kao Chih-wei announced their decision to withdraw their lawsuit for official recognition of their marriage [R2.5].

On 20 December 2012, the Taipei High Administrative Court, which had been scheduled to give a decision on the case of gay couple Chen Ching-Hsueh and his partner Kao Chih-wei on their appeal to have their marriage legally recognised, made no ruling, and instead sent the case on to the Grand Justices. The proceedings for a constitutional interpretation could take up to a year [R2.4].

Previously:

In December 2012, a court was expected to rule on gay couple Chen Ching-Hsueh and his partner Kao Chih-wei's appeal against a government agency's refusal to register their marriage [R2.3].

On 02 August 2012, Chen Ching-Hseuh (also known as Nelson Chen) and Kao Chih-Wei reportedly were back fighting to be the first legally-recognized same-sex marriage in Taiwan [R2.2].

On 20 April 2012, Taiwanese gay couple Chen Ching-Hseuh and Kao Chih-Wei were reported to have decided to temporarily suspend the legal fight to register their marriage after concerns from parents and relatives over potential changes to inheritance entitlements [R2.1].

R1.8 GayStarNews: Taiwan moves on gay marriage 01 JAN 13
R1.7 PinkNews: Taiwan denies gay foreign diplomats immunity for their spouses
R1.6 Agence France-Presse: Taiwan Moves to Abolish Death Penalty, Legalise Gay Marriages 27 OCT 03
The Advocate: Taiwan May Legalize Gay Marriage 09 SEP 03
R1.5 Sydney Star Observer: "Taiwan Law Reform Shelved" 11 DEC 03
R1.4 Taipei Times: Pushing Toward a Broader Idea of Family 12 JUL 03
R1.3 Sydney Star Observer: Gay Marriage Demand in Taiwan 26 OCT 00
R1.2 Adelaide Gay Times: First Public Gay Wedding in Taiwan 06 DEC 96
R1.1 Melbourne Star Observer: Mayor to Oversees Gay Marriage 27 SEP 96
R2.5 The China Post: Same-sex couple withdraws recognition suit 24 JAN 13
R2.4 PinkNews: Taiwan: 'Milestone' equal marriage case sent to top court 20 DEC 12
R2.3 The Bangkok Post: Taiwan court to rule on 'milestone' gay marriage case 29 NOV 12
R2.2 GayStarNews: Gay couple in Taiwan continue fight for marriage recognition 02 AUG 12
R2.1 GayStarNews: Taiwanese gay couple suspends registration fight 20 APR 12
Military Legislation/Cases/References
1.

National

In November 2010, government officials were reported to have disclosed information about the HIV statuses of citizens drafted into the military, contrary the HIV Infection Control and Patient Rights Protection Act [R1.2].

In 2002, the military police said they would revise a rule which excludes homosexual conscripts from serving as guards at the Presidential Office and other vital governmental buildings [R1.1].

R1.2 HIVPLUS.com: Taiwanese Government Workers Breach HIV Privacy Law 08 NOV 10
R1.1 Taipei Times: Military Police to Accept Gays 02 MAY 02
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

In June 2001, an official at the Ministry of Justice announced consideration of a plan to allow gay and lesbian couples to establish families and adopt children, according to a report in the Taipei Times [R1.1].

R1.1 Gay.com / PlanetOut.com Network: Taiwan Advances Gay Rights 28 JUN 01