Almost-Marriage Equality in Taiwan

Written by JhuCin Rita Jhang. There are major legal rights not covered by the Act for Implementation of J. Y. Interpretation No. 748. First, it does not allow same-sex couples to co-adopt a child unrelated to either parent by blood. Once a same-sex couple gets married, they lose the right to adopt whatsoever, and they would have to obtain a divorce to be able to adopt as a single person. Even if someone adopts first as a single and then gets married to a same-sex person, the spouse still cannot cross-adopt this child. This bizarre and counterintuitive legal conundrum sends many same-sex couples wishing to co-adopt on a long, winding legal fight. Even though one married same-sex couple had won the lawsuit and became the first-ever same-sex couple to co-adopt a genetically unrelated child in January 2022, this was ruled on a case-by-case basis.