Number No. 748 explains the execution of the law! Three questions and three answers understanding the dispute between pro-adoption and transnational marriage

Last night, the draft marriage Bill was released and the detailed draft provisions were made public (in the same scene: the full text of the draft and marriage bill was published here ), the name of which was recognized as "interpretation and enforcement of the NO. 748 letter of the judicial Court". The content of a large number of quasi-civil law, the substantive protection of gay spouses ' property inheritance rights, can adopt blood children and other basic rights and interests. The bill has been sent to the Legislative Yuan today. But when we are happy, let us not forget that the battlefield is still going on.

We ask Deng, vice president of the great Platform for marriage affirmative action, and Jianzhi, secretary general of the League of Partners, to collate the three major points of contention for the current draft, including adoption, cross-border marriage, and possible future agendas, with which you care about this bill:

1. What is the adoption dispute? Will I be able to adopt a child with my partner immediately after this draft is passed?

Only "stepparents adoption" can. Since article 20th of this draft only provides that the biological child of the same marriage shall be used for the adoption of the provisions of the Civil Law on adoption. Thus, under current law, same-sex couples can only "pro-adoption" on the side of the "biological child". Adoptions that are not related by blood are not allowed.

In simple terms:
(o) stepparents adoption: One of them already has a biological child, and it is OK for the partner to adopt to become a co-parent.
(x) Continuous adoption: one of them has adopted a non-biological child, and it is not possible for a partner to adopt as one of the legal parents.
(x) Joint adoption: Two people have no biological children, and it is not possible for two people to want to adopt a child who is not related by blood after marriage.

The effect will be that gay couples who want both sides to become legal parents can only find a way to go abroad for surrogacy without their biological children. Taiwan partner Promotion Alliance Jane Jie pointed out that because Taiwan surrogate pregnant mother is not legal, comrades must spend high money, time cost, go abroad to entrust the surrogate pregnant mother.

Although Taiwan already has the artificial reproduction Act, the conditions are harsh. Its 11th provides that the artificial reproductive object must be a "husband and wife" relationship, and that if a party is to diagnose infertility, or a major hereditary disease, or if there is a medical justification, the artificial reproduction law may be applied only after approval by the competent authority. Xu Xiuwen, chairman of the Taiwan Partnership Promotion Alliance, also suggested that "social infertility" should be included in the approval of the artificial Reproduction act in the future.

Picture | Source

2. What is the dispute over transnational marriage? Partner home country does not admit to marriage, even in Taiwan marriage may not hold, really?

Right. Since the current draft did not yet include transnational marriages, the current law still applied. According to article 46th of the Law on the application of foreign civil law in China :

The establishment of marriage shall be in accordance with the national law of each party. However, the method of marriage shall also be valid on the basis of the law of the Parties or in accordance with the laws of the land.

In other words, even if we implement same-sex marriage in our country, if the home country law of a foreign partner does not recognize same-sex marriage, the marriage may also be recognized as "not valid" by Taiwan. Xu Xiuwen in the Facebook post last April reminded that in the future for the 46th article, you can quote "China's foreign Civil Law Application Law" article 8th :

When applying foreign law in accordance with this law, it shall not apply if the result of its application is contrary to the public order or good customs of the Republic of China.

The alliance also today called for the development of this section of the law as soon as it is hoped to enter the establishment.

3. What are the points of time to focus on in the future?

Jiang pointed out that if the Legislative yuan were to be married in accordance with the version of the Executive Yuan, comrades would still be able to marry, but if the Legislative Yuan failed to pass the bill before May 24 this year, same-sex couples would be able to marry directly under civil law, and therefore the anti-party might not wish to delay the May 24 if it was possible

She judged that the SNP caucus should hope that the bill would be quick and that if it could be discharged into the Procedural committee tomorrow (22nd), it would be sent to the court for the first reading in Tuesday (26th) as soon as possible. It would be quicker to decide on the second reading of the trail on first reading rather than send it to the Committee for consultation. However, even if it is sent to the Committee for consideration, the bill is expected to be sent for consultation within the time limit if the two calling committee of the Judicial Rule of Law Commission is the DPP, and legislation should be completed by May 24 if there is no accident.

The great platform for marriage affirmative action states that the bill "seeks to move the constitutional framework for the equal protection of gay marriage freedom, but it is true that the bill is still incomplete, such as the lack of a co-adoptive child part of a civil law heterosexual marriage, and does not cover the part of same-sex marriage." "It should be noted, however, that this version is still only the draft version proposed by the Government, and that the formal content will also look at the pace of consultation in the hospital during these weeks." Legislative Councillor Lin Linzo today (21st) also presented a version of the Times Power Caucus, which is currently being co-sponsored.

The agenda for the same marriage bill is in full swing, with a long three months to go before May 24. We know that these three months are going to be tough. But please do not forget the original intention in the process, but also remember to hug more people around you love. As Xu Xiuwen (scene:"Xu Xiuwen | saw comrade" Taiwan's "pluralistic family movement", striving for more than marriage affirmative action ) in an exclusive interview with women fans said:

"It is not the patron alliance that is going to win, it is the right to love." 」

We work hard for love, hope the last few ways, walk together.