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LGBT Rights in Taiwan

    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 only
    Housing Discrimination
    ✖ No protections
    Adoption
    ✔ Legal
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✖ Banned (5-year deferral)
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

In Taiwan, public opinion seems to reflect a lack of acceptance or understanding of the LGBTQ+ community.

Taiwan Surveys

of Taiwanese people would accept their child learning about LGBT-related topics in school

of Taiwanese people accept seeing same-sex public displays of affection
of Taiwanese people accept seeing heterosexual public displays of affection

of Taiwanese people favor allowing same-sex couples to adopt children
are against it

of Taiwanese people say they have not been affected by the legalization of same-sex marriage
cited negative effects
cited positive effects

History

Homosexual activity in Taiwan

?

Homosexual activity in Taiwan is legal.

Current status
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.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Taiwan

?

Same-sex marriage in Taiwan is legal.

Current status
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).
Added by FCBSIX  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 2003–May 23, 2019
Unrecognized
Taiwan was the first country in the Asia-Pacific region to consider legalizing same-sex marriage but the legislation stalled in the legislature.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Taiwan

?

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.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Taiwan

?

Right to change legal gender in Taiwan is legal, but requires surgery.

Current status
Since Sep 23, 2021
Legal, but requires surgery
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.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 2008–Dec 9, 2013
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
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Taiwan

?

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.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Taiwan

?

LGBT discrimination in Taiwan is illegal.

Current status
Since 2004
Illegal
Articles 12, 13 and 14 of the Gender Equity Education Act (2004) include gender identity and sexual orientation among the prohibited grounds of discrimination in education. Taiwan banned workplace discrimination against LGBT citizens in 2007.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Taiwan

?

LGBT employment discrimination in Taiwan is sexual orientation only.

Current status
Since 2007
Sexual orientation only
In 2007 and 2008, the Legislative Yuan passed amendments to two employment laws banning discrimination based on sexual orientation at work.

Employment discrimination based on sexual orientation is prohibited under Article 5 of the Employment Service Act (2007) and Chapter II of the Gender Equality in Employment Act (2008).
Added by murrayhawthorne  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Taiwan

?

LGBT housing discrimination in Taiwan is no protections.

Current status
No protections
Laws in force in Taiwan do not offer protection against discrimination based on sexual orientation and/or gender identity in housing.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Taiwan

?

Same-sex adoption in Taiwan is legal.

Current status
Since May 16, 2023
Legal
Taiwan's parliament passed an amendment allowing same-sex couples to jointly adopt children.
Added by Markissik  ·  1 accurate vote  ·  Report Error  ·  Log

Jan 13, 2022–May 16, 2023
Ambiguous
In January 2022, by a unprecedented court order a same-sex couple legally adopted a child in Taiwan. The Legislative Yuan is yet to codify within legislation the recent court ruling (based on a 2019 "partial" adoption law).
Added by _it4_  ·  0 accurate votes  ·  Report Error  ·  Log

May 24, 2019–Jan 13, 2022
Step-child adoption only
The same-sex marriage law (that passed the Legislative Yuan in May 2019) grants married same-sex couples the right to adopt children genetically related to one of the partners.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Taiwan

?

Serving openly in military in Taiwan is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Jan 2002
Lesbians, gays, bisexuals permitted, transgender people banned
Taiwan allows gay and lesbian soldiers provided they maintain military discipline standards.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Blood donations by MSMs in Taiwan

?

Blood donations by MSMs in Taiwan is banned (5-year deferral).

Current status
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.

2001–May 2018
Banned (indefinite deferral)
Gay, lesbian, bisexual, and other "high risk HIV" groups are banned from donating blood in Taiwan.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in Taiwan

?

Conversion therapy in Taiwan is banned.

Current status
Since Jan 1, 2018
Banned
Banned under the Code of Criminal Procedure and the Protection of Children and Youths Welfare and Rights Act
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Taiwan

?

Equal age of consent in Taiwan is equal.

Current status
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).
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log


LGBT Rights by district

View the LGBT laws in each individual district of Taiwan.