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.