Barring Married Same-Sex Couples from Joint Adoption: Comparative Perspectives and the Case of Taiwan
National Taiwan University Law Review
Nat’l Taiwan Univ. L. Rev.
Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into question Taiwan’s treatment of married same-sex couples. This article explains that these findings, taken together, cast enormous doubt on the constitutionality of Taiwan’s exclusionary adoption policy.