An encouraging court decision for LGBTQ rights

A decisive first step? A court ruling in Taiwan allowing a man to adopt his husband’s non-biological child sparked a wave of hope Wednesday among LGBTQ rights activists, who however called on the government to grant equal adoption for all same-sex couples.

In Taiwan’s first such favorable ruling, released on Tuesday, a court in Kaohsiung City allowed a 34-year-old man to become the legal guardian of his spouse’s daughter, who the latter adopted before their marriage.

Could the decision set a precedent?

The ruling only applies to the couple in question, but activists hope it will set a precedent and encourage the government to legislate for full equality.

“I am happy that my spouse is also legally recognized as the father of our child … but I cannot feel completely happy without changing the law,” Wang Chen-wei, one of the plaintiffs, told AFP. .

Taiwan is at the forefront of LGBTQ rights in Asia, and was the first in the region to legalize marriage for all in 2019. But same-sex couples still face restrictions. They can only adopt the biological child of their partner and can only marry foreigners from countries where same-sex unions are also legal.

“It is really absurd that people of the same sex can adopt a child when they are single but that they cannot after their marriage”, added Wang Chen-wei.

“A glimmer of hope”

The 38-year-old man said he and his partner Chen Jun-ru would like to adopt a second child, but they would have to go through the whole legal process.

Activist Jennifer Lu said the ruling offered “a glimmer of hope,” but noted Taiwanese courts were inconsistent on the matter, with similar claims filed by two other same-sex couples having previously been dismissed.

“We hope these rulings serve as a reminder to government officials and lawmakers that the current unfair legal conditions must be changed,” added Jennifer Lu, head of the advocacy group. Taiwan Equality Campaign.

The group has received inquiries from more than 500 gay families interested in adopting non-biological children, she added. At least 6,000 same-sex couples have married in Taiwan since universal marriage was legalized in 2019.