Call for transnational gay spouse fix

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05/05/2022

Human rights and LGBTQ+ advocacy groups on Wednesday urged the government to expedite a proposed amendment to allow all transnational same-sex couples to register their marriage in Taiwan. Although Taiwan legalized same-sex marriage in 2019, the Ministry of the Interior has over the past two years followed a directive that prohibits same-sex couples from registering when one partner is from a country or jurisdiction where same-sex marriage is illegal. The directive cites as its legal basis Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (涉外民事法律適用法), which stipulates that the formation of a marriage is governed by the laws of each partner’s home country.

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