Same-sex marriage in Taiwan

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in Taiwan since 24 May 2019, making it the first country in Asia to legalize same-sex marriage. On 24 May 2017, the Constitutional Court ruled that the marriage law was unconstitutional, and that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Taiwanese Constitution. The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically.[1][2] In November 2018, the Taiwanese electorate passed referendums to prevent recognition of same-sex marriages in the Civil Code. The government responded by confirming that it would not amend the existing marriage laws in the Civil Code, but rather prepare a separate law for same-sex couples.[3]

On 20 February 2019, a draft bill allowing same-sex marriages and grant married same-sex couples almost all the rights available to married heterosexual couples was published.[4][5] The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review.[6] The bill was passed on 17 May,[7] and signed by President Tsai Ing-wen on 22 May. It took effect on 24 May 2019.[8] In 2023, same-sex couples were granted the right to adopt. In 2024, cross-strait couples were granted the right to marry, though under the same convoluted procedures as heterosexual couples.

  1. ^ Cite error: The named reference JY748-Reuters was invoked but never defined (see the help page).
  2. ^ Cite error: The named reference JY748 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference Everington was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference SameSexMarriageLawEnglish was invoked but never defined (see the help page).
  5. ^ "Marriage equality bill handled well". Taipei Times (Editorial). 22 February 2019. Archived from the original on 21 February 2019. Retrieved 22 February 2019.
  6. ^ "Taiwan's Cabinet passes same-sex marriage bill". Taiwan Today. 22 February 2019. Archived from the original on 24 February 2019. Retrieved 25 February 2019.
  7. ^ "Taiwan legalises same-sex marriage in first for Asia". Pink News. 17 May 2019. Archived from the original on 17 May 2019. Retrieved 17 May 2019.
  8. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).