LGBTQ rights in Taiwan

LGBTQ rights in the
Republic of China (Taiwan)
Legal statusLegal
Gender identitySex reassignment surgery not required to change gender on official documents since 2021
MilitaryAll sexual orientations are allowed to serve openly. However, transgender people are prohibited.
Discrimination protectionsSexual orientation discrimination prohibited in education, employment, and all other areas;
Gender identity discrimination prohibited in education
Family rights
Recognition of relationshipsSame-sex marriage since 2019
AdoptionFull adoption rights since 2023

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.

The Executive Yuan first proposed the legal recognition of same-sex marriage in 2003; however, the bill received strong opposition at that time and was not voted on in the Legislative Yuan. 14 years later on 24 May 2017, the Judicial Yuan ruled that the existing marriage law was unconstitutional, and that same-sex couples should gain the right to marry. The court gave the Legislative Yuan a maximum of two years to either amend existing laws or enact laws to provide legal recognition of same-sex marriage. According to the court ruling, if it failed to do so by 24 May 2019, same-sex marriage would automatically become legal for the first time in Asia.

In November 2018, the Taiwanese electorate rejected same-sex marriage. In response, the government confirmed it would not amend the Civil Code but would instead prepare a separate law for same-sex couples. Following the same-sex marriage referendum, suicide hotlines reported a 40% surge in calls from LGBT individuals, particularly adolescents and young adults.

On 20 February 2019, a draft bill was published that would allow same-sex couples to establish a "permanent union of intimate and exclusive nature for the purpose of living a common life." The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, and President Tsai Ing-wen signed it on 22 May, with the law taking effect on 24 May 2019. In 2023, same-sex couples were granted the right to adopt. In 2024, cross-strait couples were also granted the right to marry, subject to the same complex legal procedures as heterosexual couples.

The Taiwanese Civil Code defines marriage as a union between a man and a woman, and still contains many gender-specific terms like "husband and wife". The law governing assisted reproduction limits access to ART, including IVF, to legally married heterosexual couples and specifically excludes same-sex female couples and single women.

The first Taiwan Pride was held in Taipei in 2003. By 2015, when the event was attended by 80,000 participants, it had become the second-largest LGBT pride in Asia, behind Tel Aviv Pride in Israel. By 2019, attendance had grown to 170,000 participants. In 2022, Taiwan withdrew from hosting WorldPride 2025 due to dissatisfaction with the proposed event name, 'WorldPride Kaohsiung,' which was considered offensive by both the Taiwanese public and the government. As a result, the event was relocated to Washington, D.C., where it successfully took place under the name 'WorldPride Washington, D.C.' in June 2025.