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Taiwan's reproductive laws

Proposed Opening of Artificial Reproduction Laws to Single Women, Same-Sex Couples, and Surrogates – Expected to Reach the Executive Yuan by the End of 2024

Yenni C., November 15, 2023November 14, 2023

Taiwan’s Ministry of Health and Welfare is working on potential changes to reproductive laws, focusing on lifting the ban on surrogacy. The Health Promotion Administration aims to broaden the existing Artificial Reproduction Act, currently limited to married heterosexual couples, to include single women, same-sex couples, and surrogate mothers. The proposal is expected to be finalized and presented to the Executive Yuan by the end of next year.

Artificial Reproduction Laws
Source: Rafael Henrique on Pexels

Current Limitations: Critique of Heteronormative Reproductive Laws

Currently, the law restricts the use of reproductive technologies to traditional heterosexual couples, drawing criticism for excluding single individuals, unmarried heterosexual couples, and same-sex couples seeking assisted reproductive methods.

During a meeting of the Legislative Yuan’s Social Welfare and Environmental Hygiene Committee, it was revealed that the proposed amendment will cover four main aspects: allowing single women access to reproductive technologies, extending the law to same-sex couples, removing the ban on surrogacy, and emphasizing the best interests of children. The draft is anticipated to be announced in the first or second quarter of next year, followed by a two-month period for public input. Subsequent expert meetings involving women’s groups, legal professionals, and medical experts will address societal concerns.

The government emphasizes a flexible approach, seeking broad societal consensus amid diverse opinions, including those from the LGBTQ+ community, single individuals, and supporters of surrogacy. The primary focus is on finding common ground and prioritizing the welfare of children who may be affected by these changes. The Ministry of Health and Welfare aims to submit the revised draft amendment to the Executive Yuan by the end of next year at the earliest.

Future Protocols and Considerations

Concerning safeguards for surrogate mothers, such as nutritional support, it was emphasized that if surrogacy is permitted in Taiwan, consultation agencies will be established. Legal documents and contract templates will be provided to ensure the protection of both surrogate mothers and commissioning parents, even though specific details like nutritional support may not be explicitly outlined in the legislation.


How do you feel about these proposed changes? Are you in favor, or do you have concerns? We invite our readers to share their thoughts and opinions on this significant development. Your insights contribute to the ongoing dialogue surrounding reproductive laws in Taiwan. Please leave your comments below, and let your voice be heard!
Daily Life Aritificial Reproduction LawTaiwan Law

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