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Concept
Same-sex marriage in Taiwan
Summary
Same-sex marriage between citizens became legal in Taiwan on 24 May 2019, making it the first state in Asia to legalize same-sex marriage. Marriages between Taiwanese and foreign citizens were initially restricted to citizens of countries that also recognized same-sex marriage. That limitation was rescinded on 19 January 2023. The one remaining exception is citizens of the People's Republic of China — mainland China — because cross-straits marriages must be registered in mainland China before they can apply in Taiwan.
Initially, Taiwanese same-sex marriage legislation did not cover joint adoption for children genetically unrelated to the couple, though one instance was approved by a local court in 2022. In May 2023, full joint adoption was formally approved by the Legislative Yuan.
Same-sex couples are able to legally register their relationship through special "partnership registrations" (同性伴侶註記) in 18 of Taiwan's cities and counties that account for 94 percent of the country's population. However, the rights afforded in these partnerships are very limited; there are as many as 498 exclusive rights related to marriage that include property rights, social welfare and medical care. A special certificate is issued to the couple, providing the partners with some limited rights, notably the ability to consent to surgery for a partner and parental leave. Requirements vary by local government, with some requiring both partners to be residents of the city or county.
In May 2015, the special municipality of Kaohsiung announced a plan to allow same-sex couples to mark their partners in civil documents for reference purposes, although it would not be applicable to the healthcare sector. This policy of "partnership registrations" went into force on May 20. Taiwan LGBT Rights Advocacy, an NGO, criticized the plan as merely a measure to "make fun of" the community without having any substantive effect. In June 2015, Taipei became the second special municipality in Taiwan to open registration for same-sex couples, followed by Taichung on 1 October 2015.
Official source
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