Advertisement

Taiwan grants joint adoption rights to same-sex couples

  • Legislature passes amendment to civil code making adoption process the same for all couples
  • Changes are the latest piece in the ‘human rights puzzle’, DPP legislator says

Reading Time:2 minutes
Why you can trust SCMP
32
Taiwan has legislated to allow joint adoption by gay couples. Photo: Reuters
Taiwan’s legislature extended joint adoption rights to same-sex couples on Tuesday, marking another milestone in marriage equality on the island.
Advertisement
The rights were an amendment to the same-sex marriage bill that passed its third reading in the Legislative Yuan without objection, according to local media reports.

The changes mean the process for joint adoption is the same for same-sex couples as it is for heterosexual couples under the island’s civil code.

The island first legalised same-sex marriage in 2019 but advocates long pointed to adoption restrictions on same-sex couples as an example of changes that still needed to be made.

Under the previous rules, a partner in a same-sex union could only adopt if the child was biologically related to their spouse.

If the child was not the son or daughter of either partner, only one could become their legal guardian. As there were no restrictions on single individuals adopting, some same-sex couples would divorce in order to adopt, according to marriage equality advocates.

Advertisement

The amendment was spurred after a landmark 2021 court ruling in the southern city of Kaohsiung allowed a man to become the legal guardian of his husband’s adopted daughter.

While that ruling was celebrated by LGBTQ advocates at the time, it only applied in that instance and similar cases by other couples were later struck down.

loading
Advertisement