Taiwan LGBT Laws

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].

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

On 13 March 2015, the Shihlin District Court rejected the adoption application of “Ta Kuei” and “Chou Chou” (pseudonyms) who have been together for about 15 years. One of them gave birth to two children in Canada via artificial insemination. The decision cited Taiwan’s Civil Code, which defines spousal and marital statuses as a union between a man and a woman, and that “diverse family formations” have yet to garner approval by society and the children would likely be negatively impacted by the experience of growing up in an unconventional family [R2.1].

On 07 January 2018, Hon. Justice Kim Shin in the Supreme Court’s first division reversed a ruling recognizing the refugee status of 29-year-old bisexual Ugandan woman ”A” and returned the case to Seoul High Court. It marks the second time a lower-court verdict in favor of recognizing refugee status for an LGBT individual was reversed by the Supreme Court, after a case last year involving a gay Egyptian man [R1.1].

On 21 February 2019, the Taiwanese cabinet reportedly unveiled the proposed draft law (The Enforcement Act of Judicial Yuan Interpretation No. 748) that would give same-sex couples similar legal protections of marriage as heterosexuals, but marriage in civil law would remain defined as between a man and woman [R1.7].

On 30 November 2018, Premier William Lai of the ruling Democratic Progressive Party reportedly announced the plan for a separate law for same-sex unions during a meeting with lawmakers to ” … respect public opinion and abide by the referendum outcome. We have to revise a law other than the Civil Code”. The announcement has led to fears that separate regulations would make same-sex couples second-class citizens [R1.6].

On 24 November 2018, despite a March 2017 high court ruling in favour of same-sex unions, giving parliament two years to amend laws or pass new ones, voters in a referendum have backed a series of initiatives opposing marriage equality. It is unclear how Saturday’s voting will affect legislation [R1.5].

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 and to use the term ”partner” instead [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].

On 03 July 2017, Taiwanese cities and counties that currently offer sex-same partnership registration will also begin to accept applications from other areas, Ministry of the Interior official Chai Lan-ping reportedly said. Keelung was the latest city to allow same-sex partnership registration [R2.2].

On 07 June 2017, the Cabinet reportedly said Miaoli, Nantou, Pingtung, Kinmen and Lienchiang counties have agreed to recognize household registrations by same-sex couples. The service is still not available in Hualien, Taitung, Yunlin and Penghu counties, but residents in those areas can register a same-sex partnership in other cities and counties [R2.1].

On 03 July 2017, Keelung was the latest city reported to allow same-sex partnership registration [R2.2].

On 07 June 2017, the Cabinet reportedly said the city of Hsinchu, as well as Miaoli, Nantou, Pingtung, Kinmen and Lienchiang counties have agreed to recognize household registrations by same-sex couples. The service is still not available in the city of Keelung, as well as Hualien, Taitung, Yunlin and Penghu counties, but residents in those areas can register a same-sex partnership in other cities and counties [R2.1].

On 26 December 2016, the Taipei City Government was reported to have begun to issue newly implemented same-sex partnership certificates that allow same-sex couples to apply for family care leave and sign surgical or medical treatment consent forms for each other [R3.3].

On 17 June 2015, the Taipei City Government was reported to be accepting registrations of same-sex partnerships. Local government registration is deemed in general as bearing more symbolic meaning than substantial benefits to same-sex couples [R3.2].

On 16 April 2015, Tseng Tzu-wen, head of Kaohsiung City Government’s Bureau of Civil Affairs was reported to have said that the city will allow lesbian, gay, bisexual and transgender citizens whose household registration is in Kaohsiung to designate their partner in city records, starting 20 May. The information recorded will only be used by the city government internally as a reference, and will not be legally binding. No certificates regarding the designation of partners will be issued [R3.1].

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 [C4.2], [R4.1].

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

On 15 March 2017, the district court in northern Hsinchu was reported to have ordered a gay woman who married a man because of pressure from her family, to return around TW$500,000 ($16,130) to her husband after she left him for her girlfriend [R1.1].

On 26 December 2014, the Ministry of the Interior reversed a 2008 administrative order, announcing that trans citizens will no longer be required to undergo surgery and extensive mental evaluation before having their gender legally recognized. In 2013 the Ministry of Health and Welfare decided to allow people to change their legal gender without transitioning [R1.4].

On 09 December 2013, the Ministry of Health and Welfare reportedly decided to allow people to change their legal gender without the need not go through any medical procedures, including psychiatric evaluation [R1.3].

On 07 August 2013, the Interior Ministry announced that the marriage license of transgender couple Abbygail Wu and Ji-yi Wu should remain valid. The Wus both transitioned from male to female in July last year [R1.2].

On 12 July 2013, Abbygail Wu and Chih-yi Wu, a male to female transgender couple who legally married in October 2012 before one of them sought recognition of her new gender, plan to take the Taiwanese Government to court after the Interior Ministry cancelled their marriage license [R1.1].

On 22 January 2018, it was reported that a Ministry of Health and Welfare (MOHW) official said during an interview on Monday that under new rules set to be implemented in May gay men in Taiwan will be permitted to donate blood. The new policy of barrs donations from men who have had homosexual intercourse within five years, is planned to be gradually reduced from five years to one year. At present, there is a lifetime ban on blood donations from gay men [R1.2].

On 30 December 2016, Ministry of Health and Welfare reportedly published a draft regulation that listed conversion therapy as a prohibited treatment and would punish any physician who used the therapy to treat a patient. Members of the public will have the opportunity to offer their opinions of the draft regulation for 60 days, after which the ministry will issue a regulation based on the draft. Under the Physicians Act, doctors who engage in prohibited treatments are subject to fines of between NT$100,000 (US$3,095) to NT$500,000 and may be suspended for one month to one year [R1.1].

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].

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

On 17 May 2019, Taiwan became the first Asian nation to legalize same-sex marriage after lawmakers passed the Enforcement Act of Judicial Yuan Constitutional Interpretation No. 748 ( 748 ). Under the act, same-sex couples would be able to become legally married from Friday next week to meet a two-year deadline stipulated in Constitutional Interpretation No. 748, which was handed down by the Council of Grand Justices on 24 May 2017 [R1.17].

Same sex marriage will become lawful on 24 May 2019 (see Courts & Tribunals at [C2.13], [C2.12], R2.11].

On 30 November 2018, Premier William Lai of the ruling Democratic Progressive Party reportedly announced the plan for a separate law for same-sex unions during a meeting with lawmakers to ” … respect public opinion and abide by the referendum outcome. We have to revise a law other than the Civil Code”. The announcement has led to fears that separate regulations would make same-sex couples second-class citizens [R1.16].

On 27 November 2018, it was reported that the Taiwanese government said result of the public referendum wouldn’t affect the 27 May 2017 Constitutional Court ruling (see 2. Courts & Tribunals below at [C2.13], [C2.12], [R2.11].), meaning that same-sex marriage should still come to the country (on 24 May 2019) [R1.15].

On 24 November 2018, despite a March 2017 high court ruling in favour of same-sex unions, giving parliament two years to amend laws or pass new ones, voters in a referendum have backed a series of initiatives opposing marriage equality. It is unclear how Saturday’s voting will affect legislation [R1.14].

On 10 October 2018, it was reported that the Alliance for Next Generation’s Happiness collected sufficient signatures to trigger a referendum on whether to allow same-sex marriage, even though Taiwan’s Constitutional Court declared as unconstitutional the definition of marriage as being ”between a man and a woman”. The referendum will likely be held on 24 November [R1.13].

On 26 December 2016, a Parliamentary Committee (Judiciary and Organic Laws and Statutes Committee) reportedly passed amendments to include same-sex marriage in the Civil Code and regulate their rights and duties. The passage of the amendments is the first step in legalising same-sex marriage. Article 972 will add the paragraph stating ”an agreement to marry between people of the same-sex shall be made by two parties involved” [R1.12].

On 08 November 2016, two draft amendments to Taiwan’s Civil Code that are aimed at legalizing same-sex marriage passed their first reading at the Legislative Yuan. Clearing a first reading means only that the draft amendments have been announced and then sent to the Legislature’s Judiciary and Organic Laws and Statutes Committee for discussion. The amendments still have to pass second and third readings before becoming law [R1.11].

On 24 October 2016, ten legislators of the ruling Democratic Progressive Party (DPP) announced a proposal to legalise same-sex marriage by amending Article 972 of the Civil Code, changing the description for those who make commitments to marry from the current ‘man and woman’ (or male and female parties) to ‘the two parties’. The amendment reportedly has the endorsement of 33 DPP legislators [R1.10].

On 15 August 2016, the Taipei City Zhongzhang District Household Registration Office refused the application of Lu to register her same-sex marriage on the grounds that it ”violated public order and morality to the extent that jeopardizes domestic private law and stability of daily life”. Lu lawfully married her partner in South Africa and had her marriage certificate authenticated by the Taipei Liaison Office in Pretoria [R1.9].

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].

On 04 January 2018, the Taipei High Administrative Court reported handed a setback to lesbian couple Jennifer Lu ( ) and Chen Ling ( ) when it decided the court cannot order local government offices to register their same-sex marriage saying, relevant amendments legalizing same-sex marriage have not yet cleared the legislature and therefore local authorities had no legal basis to approve the plaintiffs’ marriage application [R2.16].

On 27 December 2017, the Taipei High Administrative Court reportedly rejected an appeal by two women, Liang Tzung-huei and Chu Pei-shuan, against the Taipei City government’s refusal to approve their marriage after their request to register as a married couple was rejected by the Household Registration Office in Taipei’s Zhongzheng District in 2014 on the grounds that it does not have the authority to pressure household registration offices into recognizing such marriages [R2.15].

On 12 October 2017, the Taipei High Administrative Court dismissed the application of Fang Min and Lin Yu-li for marriage registration saying the Zhongzheng household registration office currently lacks the legal authority to register the same-sex couple as married, even after Taiwan’s Constitutional Court issued the historic interpretation of the Constitution deeming the prohibition of same-sex marriage as unconstitutional [R2.14].

On 24 May 2017, a panel of 14 justices in the Constitutional Court ruled that it is lawful for same-sex couples to marry, finding the Civil Code, stipulating that marriage is between a man and a woman, is unconstitutional. The government has two years to implement the ruling [C2.13], [C2.12], [R2.11].

On 24 May 2017, the Consitutional Court same-sex marriage ruling is expected to be issued [R2.10].

On 24 March 2017, the Constitutional Court began hearing the landmark case that could make the island the first place in Asia to allow same-sex marriage [R2.9].

On 15 March 2017, the district court in northern Hsinchu was reported to have ordered a gay woman who married a man because of pressure from her family, to return around TW$500,000 ($16,130) to her husband after she left him for her girlfriend [R2.8].

On 10 February 2017, the 15-member Constitutional Court reportedly scheduled 24 March to hear pioneering gay rights activist Chi Chia-wei’s petition for a judgment on the constitutionality of same-sex marriage [R2.7].

On 27 March 2014, the Taipei High Administrative Court rejected the appeal of a gay couple Chi Chia-wei and his partner against a government agency for refusing to register their marriage [R2.6].

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].

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].

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].

On 13 March 2015, the Shihlin District Court rejected the adoption application of “Ta Kuei” and “Chou Chou” (pseudonyms) who have been together for about 15 years. One of them gave birth to two children in Canada via artificial insemination. The decision cited Taiwan’s Civil Code, which defines spousal and marital statuses as a union between a man and a woman, and that “diverse family formations” have yet to garner approval by society and the children would likely be negatively impacted by the experience of growing up in an unconventional family [R2.1].