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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]. |
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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]. |
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| Civil Unions, Partners (Domestic, Registered) | Legislation/Cases/References |
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| 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]. |
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| Discrimination | Legislation/Cases/References |
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| 1. |
National
In 2007, discrimination in employment based on sexual orientation became unlawful [R1.1]. |
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| HIV Aids | Legislation/Cases/References |
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| 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]. |
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| Homosexuality, Sodomy | Legislation/Cases/References |
| 1. |
National
Consensual sex between same-sex couples is lawful [R1.1]. |
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| Marriage | Legislation/Cases/References |
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| 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]. |
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| 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]. |
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| 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]. |
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