- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Non-binary gender recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- Ambiguous
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✖ Banned (5-year deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Public Opinion
Acceptance of homosexuals as neighbors ?
Ranked #46 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)
(41.6%) Mentioned homosexuals
Did not mention homosexuals (58.4%)
Justifiability of homosexuality ?
Ranked #34 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)
(41.2%) Not justifiable
Justifiable (22%)
Opinion on same-sex couples as parents ?
Ranked #27 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)
(34.5%) Disagree
Agree (51.2%)
Perceived Acceptance of Gay People ?
Ranked #37 out of 119 regions surveyed. (Source: Gallup, 2013)
(42%) Not a good place
Good place (39%)
By The Numbers
53%
of Taiwanese people would accept their child learning about LGBT-related topics in school
(Equal Love Taiwan, 2020)
48.2%
of Taiwanese people accept seeing same-sex public displays of affection
74.1%
of Taiwanese people accept seeing heterosexual public displays of affection
(Equal Love Taiwan, 2020)
56.8%
of Taiwanese people favor allowing same-sex couples to adopt children
38.4%
are against it
(Equal Love Taiwan, 2020)
92.8%
of Taiwanese people say they have not been affected by the legalization of same-sex marriage
3.7%
cited negative effects
1.8%
cited positive effects
(Equal Love Taiwan, 2020)
History
Homosexual activity in Taiwan is legal.
Current status
Since Dec 25, 1947
Since Dec 25, 1947
Legal
Unsure of date which reflects the ratification of the current constitution of the Republic of China (Taiwan). Taiwanese criminal code treats sexual acts between same-sex partners in private as equal to heterosexual sex acts performed in private.
Same-sex marriage in Taiwan is legal.
Current status
Since May 24, 2019
Since May 24, 2019
Legal
On 24 May 2017, the Constitutional Court ruled that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Constitution of the Republic of China. The ruling (Judicial Yuan Interpretation No. 748) gave the Legislative Yuan two years to bring the marriage laws into compliance, after which registration of such marriages would come into force automatically. On 20 February 2019, a draft bill entitled the Enforcement Act of Judicial Yuan Interpretation No. 748 was released. The draft bill would grant same-sex married couples almost all the rights available to heterosexual married couples under the Civil Code, with the exception that it only allows adoption of a child genetically related to one of them.
The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, signed by the President on 22 May and took effect on 24 May 2019 (the last day possible under the Court's ruling).
The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, signed by the President on 22 May and took effect on 24 May 2019 (the last day possible under the Court's ruling).
Censorship of LGBT Issues in Taiwan is no censorship.
Current status
No censorship
In Taiwan, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Taiwan is legal, but requires surgery.
Current status
Since Dec 9, 2013
Since Dec 9, 2013
Legal, but requires surgery
Still the same as before, it requires psychiatric evaluations and sexual reassignment surgeries for an individual's gender identity to be recognized.
On September 23 2021, the court ruled against surgery requirements for transgender individuals seeking a gender marker change. New laws have yet to be passed on this regard.
On September 23 2021, the court ruled against surgery requirements for transgender individuals seeking a gender marker change. New laws have yet to be passed on this regard.
Ambiguous
The decision was the result of a lawsuit filed by Xiao E, who was denied the right to change her gender on her national ID card.
Under the archaic legislation, transgender people were required to surgically remove their reproductive organs in order to legally change their gender.
The Taipei High Administrative Court ruled the requirement was unconstitutional on Thursday (23 September).
They also cited that the plaintiff had provided the necessary requirements to undergo the process of legally changing her name without being subjected to surgery.
Unfortunately, this ruling will only effect Xiao E. Other trans individuals looking to legally change their gender – without “proof of surgery” – will have to wait for the regulations to be revised or pursue legal action.
Under the archaic legislation, transgender people were required to surgically remove their reproductive organs in order to legally change their gender.
The Taipei High Administrative Court ruled the requirement was unconstitutional on Thursday (23 September).
They also cited that the plaintiff had provided the necessary requirements to undergo the process of legally changing her name without being subjected to surgery.
Unfortunately, this ruling will only effect Xiao E. Other trans individuals looking to legally change their gender – without “proof of surgery” – will have to wait for the regulations to be revised or pursue legal action.
Legal, surgery not required
Not required since 2015. Missing non binary options on documents.
Legal, but requires surgery
Transgender citizens are permitted to change their legal gender in Taiwan provided they undergo gender re-assignment surgery.. In 2008 the Taiwanese Health Department announced it would recommend that female to male transexuals would no longer be required
Legal recognition of non-binary gender in Taiwan is not legally recognized.
Current status
Not legally recognized
Taiwan had plans to allow a third gender option on documents such as ID cards and passports and announced it would go forward with it in late 2020. However, nothing of the sort has been passed.
LGBT housing discrimination in Taiwan is sexual orientation and gender identity.
Current status
Sexual orientation and gender identity
only in work, education.
Same-sex adoption in Taiwan is ambiguous.
Current status
Since Jan 13, 2022
Since Jan 13, 2022
Serving openly in military in Taiwan is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since Jan 2002
Since Jan 2002
Lesbians, gays, bisexuals permitted, transgender people banned
Taiwan allows gay and lesbian soldiers provided they maintain military discipline standards.
Blood donations by MSMs in Taiwan is banned (5-year deferral).
Current status
Since May 2018
Since May 2018
Banned (5-year deferral)
In March 2018, the Government gazetted, for a two-month public consultation, amendments to the Standards on Assessing Donor Suitability for Blood Donation that included allowing gay and bisexual men who have not had sex with another man for five years to donate blood. A spokesperson for the Ministry of Health and Welfare said that the abstinence period would be further reduced to one year in the future, so as to bring the Taiwanese standard in line with Western countries.
Conversion therapy in Taiwan is banned.
Current status
Since Jan 1, 2018
Since Jan 1, 2018
Banned
Banned under the Code of Criminal Procedure and the Protection of Children and Youths Welfare and Rights Act
Equal age of consent in Taiwan is equal.
Current status
Since Dec 25, 1947
Since Dec 25, 1947
Equal
Unsure of date. Date shown represents ratification of the Taiwanese Constitution. The age of consent in Taiwan is 16 (sixteen).
LGBT Rights by municipality
View the LGBT laws in each individual municipality of Taiwan.
- Chiayi Municipality
- Hsinchu Municipality
- Keelung Municipality
- Taichung Municipality
- Tainan Municipality
- Kaohsiung Special Municipality (special municipality)
- Taipei Special Municipality (special municipality)