GROUP LEGAL ACTION BY SAME SEX COUPLES FOR PARENTAL RECOGNITION|爭取雙方享親權 7同志家庭擬打集體訴訟
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According to statistics, there are currently more than 100 children in Taiwan being raised in more than 100 same sex families. However, under current regulations, parenthood is only attributed to the person who gives birth to the child, leading to complications for many same sex couples and their children. To mend the problem, 7 same sex families have decided to file a class action lawsuit in early December to fight for their rights to parent and demand that their parenthood be recognized.
Having fun with their baby, lesbian Vivian and her partner have been in a relationship for over five years. A year ago they decided to have a baby. However after the birth, the existing laws restrict them from making decisions for the baby, because the baby does not have legal parents.
==CHANG CHIAO-TING, lesbian parent==
Because my household registration is single-parent, many other people have encountered a similar situation when they try to open bank accounts. The bank asked me to show the signature of custodial rights from another parent. But we have no way to show that on our household registration, even though we tried to explain to them that we are a lesbian family.
It is troublesome for gay families to open accounts at a post office or bank. In Taiwan, there are over one hundred gay families with over 100 children. Those children are through birth, adoption, artificial insemination abroad or surrogate mothers. The existing laws only recognize the biological parent or an official adoption, but a partner does not have rights even he or she is the one who financially supports the family. The partner is not able to apply for birth registration, health insurance and child care subsidies.
==WENG KUO-YEN, attorney for parental rights==
Regardless whether it's an adoption or parent-child relationship, we hope to use court arbitration as a way to allow gay families owning lawful parents-child relationship.
The attorney-at-law urges to amend the civil codes, in order to match with human rights and rights protection to children. Seven gay families had decided to file a joint legal action in December, to fight for the rights they deserve for themselves and their children.
TRANSLATED BY:ANTHONY LIN
不時地逗逗孩子,親子之間互動親暱。同志家庭的家長Vivian與伴侶交往超過五年,一年多前兩人決定要生小孩。但小孩出生後,伴侶卻因為現行法律的規範下、非親非故,不能替小孩作主。
==同志家庭家長 張喬婷==
因為戶口上是單親
很多人在開戶的時候
其實是會遇到問題
銀行會一直要求我們要出示
另外一個家長的監護權同意證明
但我們在戶口上就是沒辦法
就算我們已經跟銀行說
我們是同志家庭
想在郵局、銀行開戶卻屢屢遭刁難。全台目前有100多個同志家庭,透過生育、收養、或國外人工生殖及代理孕母、100多個同志家庭生育超過100個以上的孩子,但因為現行法律只承認分娩或收養的一方、擁有法律上親子關係,而不承認同志家庭的另一個家長,導致另一方即使負擔家計、但卻無法替小孩報戶口、健保、育兒津貼。
==親權訴訟律師團律師 翁國彥==
不管是收養或是確認親子關係
我們希望可以透過
法院裁判的方式
讓同志家庭
可以跟他們子女之間
建立法院所承認的親子關係
律師呼籲,希望能修正民法,才是真正符合人權價值、及子女的權益。而目前已有7個同志家庭決定挺身而出,預計12月初將集體提起訴訟,要替自己的子女爭取權益。
記者 王柏文 彭耀祖 台北報導
