This yr, in a landmark authorized case, the 2 males turned the primary same-sex couple on the island to legally undertake a toddler neither of them are associated to.
Now they’re dwelling their household dream with daughter Joujou, 4, within the southern metropolis of Kaohsiung, in an house embellished with rainbow flags and household photographs. But, whereas their household life is completely happy, their hard-fought court docket victory is bittersweet.
“We will not be too completely happy about our victory, as a result of loads of our pals are nonetheless going through many difficulties,” mentioned Chen, 35. “Even after same-sex marriage was legalized, we didn’t really feel welcome to have youngsters collectively as a household,” added Wang, 38. “We have been handled like second-class residents.”
That has created an odd loophole through which heterosexual {couples} — and single folks of all sexual orientations — are allowed to undertake youngsters to whom they aren’t biologically associated, however same-sex {couples} aren’t. To this present day, Wang and Chen stay the one same-sex married couple on the island to have finished so.
A blot on a progressive popularity
Activists say this loophole reveals that regardless of the strides Taiwan has made in recognizing LGBTQ rights, the island has an extended technique to go earlier than same-sex {couples} have true equality.
The adoption loophole isn’t the one drawback left over from 2019. The authorized change additionally did not grant full recognition to same-sex transnational marriages; international spouses are acknowledged provided that same-sex marriage can also be authorized of their residence jurisdiction.
Freddy Lim, an unbiased member of parliament in Taiwan who advocates for LGBTQ rights, mentioned the loophole arose as a result of on the time the regulation was modified, society nonetheless “confronted loads of opposition from anti-LGBTQ teams,” so the federal government centered “solely on legalizing marriage, however not rights referring to little one adoption.”
Nevertheless, Lim believes that since then attitudes have modified sufficiently for the regulation to alter once more. In Could, Lim and a bipartisan group of lawmakers proposed updating the regulation with a invoice he hopes could be handed by the tip of the yr.
“If a society treats folks in another way based mostly on their sexual orientation, it should have a powerful cause out of the general public curiosity. However there may be none, so it’s clearly a type of discrimination,” Lim mentioned.
From despair to a miracle
Any change can not come too quickly for Wang and Chen, who hope their pals are spared the ordeal they confronted.
Wang and Chen, each lecturers from southern Taiwan, had been courting for greater than a decade once they started the method of adoption in 2016. Wang made the appliance in his identify and a court docket affirmed his suitability in 2019 — following rigorous checks on each males by social staff.
Issues regarded all set for a contented household life.
“When same-sex marriage was legalized (a yr later), we had the hope of elevating a toddler collectively,” Chen recalled.
Nevertheless, Chen was informed that he can be unable to register because the lady’s authorized guardian — even when the pair acquired married. It was heartbreaking for Chen, who discovered himself prevented from exercising the type of parental duties most households take as a right — like signing his daughter’s faculty or financial institution paperwork.
“Each time after we needed to make functions for our daughter, I used to be afraid of being requested about my relationship along with her. I’ve at all times been her father, however I used to be not acknowledged as a guardian,” Chen mentioned.
In April final yr, Wang and Chen — along with two different {couples} — filed petitions at a household court docket in Kaohsiung metropolis. They’d anticipated the case to be dismissed — figuring they might then attraction to Taiwan’s Supreme Court docket and in the end power a change within the regulation.
Nevertheless, to their shock, in January the household court docket dominated of their favor on the grounds it was in Joujou’s greatest curiosity to have each authorized dad and mom. The opposite two circumstances have been dismissed.
“I used to be astonished, it was a miracle,” Chen mentioned. “Till then, I had been dwelling along with my daughter, however I used to be not associated to her beneath the regulation.”
Wang mentioned the ruling was vital for 2 causes: it made it simpler for the couple to take care of their daughter — and it additionally gave hope to different {couples} like them.
“I really feel relieved now,” Wang mentioned. “Each of us can act as authorized dad and mom and share the burden. And if Joujou will get sick and has to go to a physician, each of us are legally eligible to take go away and take care of her.”
An uphill battle
The issue is that the household court docket’s ruling extends solely to Wang and Chen. Different same-sex {couples} in Taiwan nonetheless face an uphill battle.
Jordan, an American lady, is battling to register because the mom of her Taiwanese spouse’s adopted little one. She met her spouse, Ray, six years in the past and Ray started the adoption course of in 2018 — earlier than the couple married.
The couple requested CNN to not disclose their full names to guard the 7-year-old lady.
“Initially, it was simply my spouse who was adopting as a result of I wasn’t actually too positive whether or not or not I needed to be a guardian at the moment,” Jordan mentioned. “However inside a few month of my daughter coming residence, she and I developed a very shut relationship.”
Final April, Jordan filed her petition to a household court docket concurrently Wang and Chen did. Nevertheless, her case was dismissed.
“We’re a household, but it surely nonetheless seems like we aren’t an entire household. If it is a proper that is afforded to straight folks, it is vital for us to be handled precisely the identical,” she added.
Jordan mentioned whereas Taiwan’s progressive popularity had been boosted by its legalization of same-sex marriage, extra effort was wanted to make sure equality for LGBTQ {couples}.
“Lots of people — even right here in Taiwan — do not understand that we nonetheless haven’t got full equality,” she mentioned.
“It actually sort of prevented us from with the ability to have fun as a lot as we had needed to.”
Nonetheless, activists say there are causes for optimism.
Joyce Teng, deputy govt director of Taiwan Equality Marketing campaign, mentioned since same-sex marriage was legalized three years in the past, there was a “better stage of acceptance and assist” in society.
In its newest annual survey printed final month, the marketing campaign discovered that 67% of Taiwanese supported permitting LGBTQ {couples} to undertake youngsters, an increase of 8% from a yr in the past.
Wang mentioned he hopes the regulation could be amended as quickly as attainable in order that different {couples} can take pleasure in the identical rights as him and Chen.
“There are lots of households who’re afraid of submitting petitions in court docket as a result of they don’t wish to appeal to consideration from society or the media,” Wang mentioned. “If the regulation stays unchanged, many may very well be afraid to face up for his or her rights.”
There may be additionally Taiwan’s popularity to consider — not solely as an enlightened jurisdiction for LGBTQ rights, however its picture as a free and democratic beacon within the Asia-Pacific area.
“When the worldwide neighborhood seems to be at Taiwan, we are sometimes thought to be the primary line of protection in opposition to authoritarianism,” mentioned the lawmaker Lim.
“But when we’re to actually painting ourselves as free, equal and democratic … then we should acknowledge and resolve injustices in our society — and LGBTQ rights are an vital a part of this.”
