Same-sex marriage in Taiwan

Same-sex marriage has been legal in Taiwan since 24 May 2019, making it the first country in Asia to legalize same-sex marriage. On 24 May 2017, the Constitutional Court ruled that the marriage law was unconstitutional, holding that the constitutional rights to equality and freedom of marriage guarantee same-sex couples the right to marry under the Taiwanese Constitution. The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically. In November 2018, the Taiwanese electorate voted in favor of referendums aimed at preventing the recognition of same-sex marriages within the existing Civil Code. In response, the government confirmed it would not amend the Civil Code but would instead prepare a separate law for same-sex couples.

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.

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