LGBTQIA+ Equality Taiwan Project #41790

Transnational same-sex couples need your help!

by Taiwan Alliance to Promote Civil Partnership Rights

Transnational same-sex couples need your help!

Project Report | Mar 7, 2025
Working Report About Cross-strait Same-sex Couples

By TAPCPR | Project Leader

Lawyer was explaining the court proceedings.

Due to complex and often tense relations between Taiwan and China, the Taiwan government currently only recognizes marriages that are legally registered outside of Taiwan. For heterosexual couples, this requirement is not prohibitive, as they can marry in China and subsequently follow procedures to return to Taiwan. However, China does not recognize same-sex marriage, which means same-sex couples must travel to a third country to marry before following the same procedural steps in Taiwan.

We continue to advocate for marriage equality through strategic litigation.

Alvin and Jim, a same-sex couple from Taiwan and China, joined the strategic litigation in 2023. A ruling was originally expected by the end of 2024. However, in September 2024, the Taiwanese government issued an interpretation recognizing the legal validity of marriages conducted in a third jurisdiction. In response, the court deemed it necessary to reassess the case and scheduled a new hearing on February 11, 2025.

On that day, several same-sex couples from Taiwan and China attended as observers. While they have already begun the process of marrying in a third jurisdiction, they remain concerned about whether future legal procedures will truly achieve sexual orientation equality.

In addition, we have held multiple briefing sessions to explain the Taiwanese government's legal regulations and document requirements for cross-national marriages. We also invited same-sex couples who have married in third-party locations to share their experiences of getting married in places such as Saipan, Hawaii (USA), and Belgium. More than 40 attendees participated in the sessions, many of whom felt lost and anxious about how to travel abroad for their marriage registration. The briefings provided them with a clearer direction for making their wedding arrangements.

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Nov 20, 2024
Transnational same-sex couples are finally reunited!

By TAPCPR | Project Contributor

On May 24, 2019, Taiwan became the first country in Asia to legalize same-sex marriage. However, restrictions initially excluded certain transnational same-sex couples from marriage rights. Over the past five years, the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) has worked persistently through strategic litigation, press conferences, and petitions to secure this right for all citizens in Taiwan, allowing them to marry partners from any country worldwide.

On February 14, 2022, TAPCPR and gender rights organizations accompanied nearly 50 transnational same-sex couples to the Executive Yuan to once again demand the prompt submission of the amendment draft to the “Act Governing the Choice of Law in Civil Matters Involving Foreign Elements”.

In these five years, we initiated 18 strategic lawsuits, secured nearly a hundred media interviews, and held more than 30 press conferences. These efforts eventually led the Taiwanese government to amend its interpretation of relevant laws, thereby extending the rights of marriage to hundreds of transnational same-sex couples.

On July 21, 2022, the Taipei High Administrative Court ruled in favor of the Taiwan-Japan Transnational same-sex couple, Ah Shu, in their marriage registration case, with a “complete victory” for the plaintiffs.

Despite this progress, our advocacy must continue. Due to complex and often tense relations between Taiwan and China, the Taiwan government currently only recognizes marriages that are legally registered outside of Taiwan. For heterosexual couples, this requirement is not prohibitive, as they can marry in China and subsequently follow procedures to return to Taiwan. However, China does not recognize same-sex marriage, which means same-sex couples must travel to a third country to marry before following the same procedural steps in Taiwan.

This policy presents substantial challenges for same-sex couples facing economic limitations, those in certain professions (such as government employees or teachers), and those residing in less accessible or rural areas. As a result, TAPCPR will continue to advocate through strategic litigation and social outreach to ensure equal access to marriage for cross-strait same-sex couples from Taiwan and China.

Additionally, while Taiwan permits foreign nationals to enter into heterosexual marriages within the country, it only allows same-sex couples from countries where same-sex marriage is legally recognized to register their marriage in Taiwan. This policy has caused significant separation issues for many transnational same-sex couples who come to Taiwan to study or work and are unable to legally live together with their partners.

These remaining issues are areas where we will continue to focus our strategic litigation and social advocacy efforts, as we seek a more inclusive and equitable framework for all couples in Taiwan.

Jul 7, 2020
Transnational Same-sex Couples Q3 (Apri-June)

By Annie Huang | Project Consultant

Total media exposures: 60+ media exposures from April to June. A total of 95+ exposures from Jan to June.

FUNDRAISING CAMPAIGN- On May 1st, TAPCPR launched an online fundraising campaign. With famous Taiwanese singers singing in a music video, "SEA U SOON” campaign received great responses in an month. With the success campaign, medias and bloggers have been spreading the music video all over Asia.
PETITION- TAPCPR had been collecting petitions for citizens to express their support toward transnational same-sex marriage from April 01 to May 16, which gained 13500 petitions from online and offline activities.
LOBBY- The transnational same-sex marriage lobby action was taken action in front of the presidential hall on May 17, one year after Taiwan legalised same-sexmarriage. Good media exposure results had increased social awareness about the issue.

Social Communication

PETITION- On May 10th, couples of TAPCPR groups, volunteers and partners gathered in North, South, East and Central Taiwan. They went on the street practicing face to face communications about supporting transnational same-sex marriage. Furthermore, because online communication was going on around the same period of time, 13,500 petitions were collected. More than 100,000 people were communicated through our online and offline action.
SPEECHES- 6 public speeches were happened, talking about transnational same-sex marriage in Taiwan.

Transnational same-sex couples gatherings and case rescues:

Internal gatherings: Transnational same-sex couples were gathered in front of the presidential hall with TAPCPR, expressing the urgent need for the government to fix the law soon.
Case rescue: Provided assistance to a same-sex couple of Singapore and Taiwan in June. The couple has a new born baby, and is asking for the rights of their marriage legalisation, so they can take care of the baby under Taiwanese law protection.

Litigation

Starting last October, TAPCPR attorneys had filed petitions to the administration on behalf of two transnational couples who weren’t able to register their marriage in Taiwan. Unfortunately the government dismissed the appeals, TAPCPR started litigation work right after.

Two case litigations are under process by the end of June, one petition is getting ready to file. With comparatively positive attitude of the judge and more public support, TAPCPR attorneys are ready for the upcoming challenges.

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