First Case of Gay Couple in Taiwan Winning Adoption Lawsuit 台灣首例! 同婚伴侶成功收養無血緣子女

A court granted permission for a same-sex couple in Kaohsiung, making them jointly adopt children unrelated to them genetically. This is the first adoptive family in Taiwan with two gay parents.


The girl sits on her father's leg and wriggles around, while her father tries to tie up her hair. This has been a daily occurrence for the past three years in the family formed by gay couple Miao and Wei. When Wei was still single, he adopted a daughter. After he and Miao got married, Miao was unable to legally adopt her under the special act that legalized same-sex marriage, which only allowed one party to the union to adopt the genetic children of the other party. They filed a lawsuit, and after 2.5 years, a court granted permission in December 2021. However, their case can't become a general case, which Wei thinks is unreasonable.

Weiwei, Litigant's Spouse: “I really hope for a return to the Convention on the Rights of the Child. Children shouldn't be deprived of having two parents just because the parents are gay. Adopted children shouldn't only have one parent just because they aren't genetically related. They should have two parents.”

The special act took effect in May 2019. It decreed that one party to the union may only adopt the genetic children of the other party, and they may not jointly adopt children unrelated to them genetically. Many gay couples who wanted to adopt children had to postpone their marriages, and have one of the pair adopt the child. Some who were already married even considered divorce. There were two other gay couples who have filed lawsuits like Wei and Miao. 
 

Jennifer Lu, CEO, Taiwan Equality Campaign: “One case was rejected. The other case had a friendlier panel of judges. We will continue appealing. We want the Legislative Yuan and Executive Yuan to quickly pass amendments to the act.”

Taiwan Equality Campaign CEO Jennifer Lu said politicians shouldn't ignore the rights of gay people just because they are a small voting bloc or because they are worried about angering the opposition. She hopes more people will come out and support amendments to the act so that gay people won't have to depend on friendly judges to get equality.

 

 

 

一對男性同婚伴侶「喵喵跟圍圍」,為了能共同收養沒血緣關係的女兒肉肉,經過訴訟、奔走,終於成為台灣第一個同志雙親收養家庭。

女兒坐在腿上時不時亂動,爸爸努力想把女兒頭髮綁好,這是同婚伴侶「喵喵跟圍圍」家過去3年的日常。但喵喵卻受限於同婚專法,一直無法共同收養圍圍在單身時收養的女兒。經過2年半的訴訟,法院終於在去年底裁定共同收養,但他們的案例卻無法成為通案,也讓圍圍覺得很不合理。

訴訟當事人配偶圍圍表示:「很希望說真的回到兒童權利公約,讓孩子不要因為他的家長是同志而沒有辦法有雙親,不要因為孩子是無血緣收養,讓他的家長,就他(孩子)只能有單親,不能夠雙親。

同婚專法2019年5月上路後,規定同性配偶只能收養其中一方的親生子女,不能共同收養沒血緣關係子女,導致想收養孩子的同志伴侶,只能暫緩結婚、以單身收養,或被迫考慮離婚。像喵喵、圍圍這樣想透過訴訟共同收養的伴侶、還有2對,卻只能各自在訴訟上努力。

彩虹平權大平台執行長呂欣潔說:「有一案是被駁回,有一案其實也是遇到比較友善的法官跟合議庭,我們就一定會向上來繼續訴訟,還是會持續地向立法院跟行政院要求盡快通過修法。」

呂欣潔期待,政治人物不要因同志較沒票房,或擔心觸怒反對方,而忽視同志也是這塊土地上生活的人民。希望有更多人站出來支持修法,讓同志不用只能在訴訟時,祈禱是不是有個對同志較友善的法官,才有機會獲得平等的權益。

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