Same Sex Marriage in Taiwan for Foreigners

Hello sir, I’m a Filipino and my partner is Taiwanese, is it possible for us to get married in there country?

According to the law as it is written, no. Because if your home country won’t allow same sex marriage, then you’re not qualified to have same sex marriage in Taiwan. As a Filipino, you come from a primarily Catholic and Muslim nation where same sex marriage is not allowed.

But you need to ask @Luckyred, because he has said that it is possible, but he has not provided the information and/or procedures as he said he would.

Hi,

Sorry it took me time to het back, my solution is only for filipinos whos wanting to tie the knot. This options excludes TAIWAN, it maybe a long cut but sure.

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Roqueruiliu:
Hello sir, I’m a Filipino and my partner is Taiwanese, is it possible for us to get married in there country?

According to the law as it is written, no. Because if your home country won’t allow same sex marriage, then you’re not qualified to have same sex marriage in Taiwan. As a Filipino, you come from a primarily Catholic and Muslim nation where same sex marriage is not allowed.

But you need to ask @Luckyred, because he has said that it is possible, but he has not provided the information and/or procedures as he said he would.


This is so sad to hear… Does this mean that we really don’t have any options to get married to the ones we love ? :pleading_face::cry:

Hi… i saw your post re same sex marriage for couples in taiwan… can you share your info? Thank you

Welcome Mitchiko! And Congrats?

im a filipino pr here in canada looking forward to petition my same sex partner in the philippines and were thinking about marriage as spouse sponsorship is the easiest way, is there any filipinos here who got married in taiwan?

More legal challenges to the discriminatory parts of Taiwan’s same sex marriage law.

Guy

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Once again, the courts in Taiwan rule in favour of a same sex couple—this time from Taiwan and Japan—and against the Ministry of the Interior for denying their rights.

Guy

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CNA reported that the Alliance for the Promotion of Couples’ Rights in Taiwan stated that the Ministry of the Interior issued a letter to the county and city governments today stating that in the future, except for same-sex couples on both sides of the strait, all other transnational couples will be subject to Article 8 of the Law on the Application of Foreign-Related Civil Laws and will be allowed to register for marriage; transnational same-sex couples will finally be able to reunite.

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Can anyone share a link to the law that was passed recently, which says Taiwanese can marry foreigners, even if same-sex marriage isn’t allowed in the foreigner’s country?

FYI, my wife and I run a side thing where we help Filipinos get things done at TECO in Philippines (as well as other embassies)

I didn’t realize my wife was turning away same-sex couples from Taiwan. She wasn’t aware of the law and assumed TECO PH would just deny them.

I told her to call them all back. There’s 8 couples. We are going to try and help them, if possible. I am going to contact TECO today to confirm the requirements. Any links to laws will be appreciated.

Also, if there’s anyone who’s done this successfully, I’d appreicate if you can share your experience.

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I couldn’t find the law. I think that the existing law was interpreted in some way and they changed the interpretation. You can always call HHR and confirm their policy and ask what paperwork is needed. I’d suggest calling Xinyi District HHR as they are quite knowledgeable and I just got married there (Taiwanese and American) and had no problems.

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As of January 19, 2023, same sex marriage is now possible for all foreigners, including those from Hong Kong and Macau, but except for Chinese from PRC.

It was announced by the Premeir Su, based on Article 8 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements

Article 8

Where this Act provides that the law of a foreign State is applicable, if the result of such application leads to a violation of the public order or boni mores of the Republic of China, that law of the foreign State is not applied.

Letter from the Ministry of the Interior to the Department of Household Registration

解釋令函 | 臺北市法規查詢系統

PDF: https://dep-civil.hccg.gov.tw/uploaddowndoc?file=registereddomicile/202301301339130.pdf&filedisplay=1120119台內戶字第1120240466號函-有關跨國同性婚姻適用「涉外民事法律適用法」相關疑義.pdf&flag=doc

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Basically, like I said, based on Article 8 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, it is no longer appropriate to forbid people from countries against same-sex marriage to get married in Taiwan, since not discriminating against same-sex couples is now a part of Taiwan’s public order and good customs, and as a result, foreign laws that violates our public order and good customs can be ignored to prevent discrimination.

六、準此,應可認「不得否定使相同性別2人,得為經營共同生
活之目的,成立具有親密性及排他性之永久結合關係」,
業已構成我國公共秩序之一部分。為避免個案認定不一,
建立國人與未承認同性婚姻國家人士同性結婚有關涉民法
第8條之通案處理機制,及國人與未承認同性婚姻國家人士
同性結婚,因涉民法所指定適用之該當事人本國法係不承
認同性婚姻之規定,其所適用之結果致妨害我國公序良
俗,危及我國一般私法生活之安定,並生當事人在特殊環
境下不合理差別待遇,此時自當適用涉民法第8條規定,例
外不再適用該當事人不承認同性婚姻之本國法規定,以消
弭前述不平等待遇,該當事人間之私法上同婚關係,應認
可在我國成立施行法第2條關係,並得依同法第4條規定向
戶政機關辦理結婚登記。

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Guidelines for the Ministry of Foreign Affairs and Overseas Missions of the Republic of China (Taiwan) Regarding Interviews with Foreigners Applying for Entry into Taiwan on the Basis of Marriage to an ROC Citizen
(here is pdf in English)

8 外國人之本國核發之結婚證書或結婚登記書,及其中文或英文譯本,並經文件核發國主管機關驗證。但因性別關係無法取得結婚證書者,得免附。

(8) The marriage certificate or marriage registration issued by the home countryof the foreign national (including a Chinese or English translation) and authenticated by that country’s competent authorities. However, applicants who are unable to obtain a marriage certificate due to gender-related issues are exempt from the requirement to submit one.

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7 posts were split to a new topic: From ssm

(10)Other supplementary documents that can prove the genuineness of the
marriage.

if they have a marriage certificate from a 3rd country, that would support their cases strongly. some people used this document brfore the guideline was revised.

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Thank you, I will definitely do that. I think that’ll be helpful for the 2nd stage when these couples marry in Taiwan. The first thing we need to do is get CENOMARs (single certificates) for everyone. I have already contacted TECO PH. Waiting for their response.

Thanks for all the links. Very helpful.

This is good to know, because surely none of them will be able to register their Taiwanese marriages at the Filipino Embassy.

Let’s see if we can’t force TECO PH to issue resident spouse visas ONLY based on a Taiwanese Marriage Certificate. Oh, that’ll feel so good! :joy:

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