After the passage of the third reading of the same marriage law, you must know that the "three can two can not", including gay marriage partners can enjoy what rights, how to adopt the next generation, marriage registration of what items to be prepared and other legal provisions to explain, all help you ready. Please read the following "marriage instructions", happy hand in hand to register marriage, to the next stage of life!
Last Friday (May 17) the Law on the Interpretation of the Court No. 748 of the Division was finally passed, after seeing the feeling smoving and joy of the rainbow, what kind of legal liability and rights does this special law give to same-sex couples? What's the difference between same-sex marriage and heterosexual marriage? Gender force for you to prepare, "The Division Court Interpretation No. 748 Interpretation of the Implementation Of the Law" of the simple interpretation of the provisions, together to understand the same marriage law can and can not!
A comrade may marry, become a legal medical agent, and adopt his or her own children.
Yes: Register marriage with a household office after 5/24: as long as both gay couples are 18 years of age or older, there are two witnesses' signatures
The provisions of Articles 2, 3 and 4 of the Interpretation Act No. 748 of the Division Court of Justice clearly state that a comrade may successfully register his marriage after 24 May 2019 on the condition that he or she has reached the age of 18 and that both parties have the will to marry and are witnessed by two witnesses.
The only difference between this law and civil law is "uniform legal age of marriage" (marriage of the opposite sex: men must be 18 years old, women must be 16 years old;
May: Enjoy the same rights as civil law for husband and wife property, medical agent, cohabitation obligation, inheritance, mutual maintenance obligation, cohabitation obligation, agreed residence, etc.
Same-sex marriage may enjoy the same marriage rights and obligations as the Civil Marriage Chapter, in accordance with articles 10 to 19 and 21 to 25 of the Interpretation Act No. 748 of the Division Court. (The full text can be found: Gender Newsletter , the marriage law was officially adopted today, dear we get married! ) )
As a result, same-sex couples can "marry" rather than "marry" and enjoy the same rights and obligations as heterosexual couples.
Yes: The biological child of either party in the adoption marriage
According to the provisions of article 20 of the Interpretation Act No. 748 of the Court of Justice: "When one of the parties to the second relationship adopts the biological child of another party, the provisions of the Civil Code relating to adoption shall be used." " is equivalent to "step-on adoption" in the Civil Marriage Chapter. (Recommended reading: Read the public statement details before marriage: side blood relatives, divorce petitions, and civil law difference?) ) )
Therefore, a gay partner may adopt the "own" child of either party after marriage.
Gays can't adopt non-biological children and marry a multinational partner.
Not yet: Adoption of non-biological children
The description of the provisions of Article 20 clearly states that the adoption provisions of the Civil Law must be "biological children" are clearly stated, meaning that in the existing provisions, gay partners have no way to "jointly" adopt "other children who are not related by blood".
If any of the same-sex couples have their own children before marriage and cannot "naturally" have children, they may consider adopting the child as a "surrogate mother". It is only necessary to pay special attention to the fact that the surrogate mother is not yet legal in Taiwan, and that comrades may, in other countries where the surrogate mother is legal, seek the surrogate mother or do IVF, and, in accordance with Article 1065 of the Civil Code, appeal to the court to claim the child by blood or in order to have the fact of childcare.
Not yet: Let a multinational partner register for marriage
There is no particular reference to the rights and interests of transnational partners in the Interpretation Act No. 748 of the Division Court Interpretation. According to the Associated Press, officials in the Ministry of Justice said, "If Taiwanese people and foreigners of the same sex want to register their marriage in Taiwan, they can register as long as the foreigner's country is open to same-marriage, but if the foreigner is not in the country, it cannot be registered." 」
Because Taiwan is the first country in Asia to legalize same-sex marriage, no same-sex couple in Japan, South Korea, Hong Kong, Macao or China can register for marriage in Taiwan at this stage unless the nationality of a multinational partner is non-Asian. (Recommended reading: Congratulations to gays, and don't forget to care about conservative parents: three "supporting sentences" to bring parenthood closer together)
The regulations add:
- The law applicable to cross-border marriages in Hong Kong, Macao and other countries is the "Foreign-related Civil Law Applicable Law"
- Chinese applies the Regulations on People's Relations between Taiwan and the Mainland
5/24 Get married, what do I want to bring?
The Interpretation Act No. 748 of the Division Court interpretation will come into force this Friday (24 May). According to Apple Daily, in addition to "three days before the advance registration, booking holiday registration" two household business to wait for the Ministry of the Interior to announce the implementation of the measures, other business and heterosexual marriage registration is the same, in any of the offices can be registered. Referring to the Taipei Municipal Government's website, the items to be prepared include:
- National identity cards of both parties to the marriage.
- The hukou of both parties to the marriage. (Note 1)
- The seal of both parties to the marriage. (Signature is also available)
- Marriage contract (Marriage book requires the signature or seal of two competent witnesses over the age of 20 years of age.) )
- One of the colour photographs taken in the last two years in accordance with the ID requirements
- The exchange fee is 50 yuan each and the ticket book fee is 30 yuan per copy.
According to the Apple Daily: "On May 24th, the Civil Affairs Bureau was also prepared to accept the number plate from 8:30 a.m. on the same day and end at 8 p.m., as long as the new person who had taken the number plate to the house before 8 p.m. on the same day, will be fully accepted." The service hours of regional offices can still refer to websites or call inquiries more accurately.
Really, i'm glad we came here together and saw a big step forward in a gender-equality society. May 24is is a milestone that we have worked together for a long time, and after that day, more people can be closer to happiness, but there are many others whose rights and needs have not been seen. Now, we've cut a hole in and let the light through. While the pursuit of the ideal of gender equality is already known to be difficult, it is not impossible. Let's continue to be good friends, good partners, and work together to create a better gender environment, okay?