It appears that the Ministry of Health and Welfare (MOHW) in Taiwan may be planning to legalize surrogacy in that country. It’s unclear whether the amendment they intend to make will actually pass all the scrutiny needed to become law, but either way it will resolve the hotly debated issue. Surrogacy has been the subject of investigation in Taiwan for more than 20 years, and has been seen throughout that time as a highly controversial issue.
Any amendment made by the MOHW has to go through the legislative process, but the first step is to get the process going. The Department of Health is in place before the Ministry, and it used Article 7.5 of the Regulation of Assisted Reproductive Technology to prohibit surrogacy. However, that was not legally binding, and was abolished during the enactment of the Assisted Reproduction Act in 2007.
The new Act creates article 11.1, which helps couples with a diagnosis of infertility to gain access to reproductive assistance. Unmarried couples are excluded, and the fertile spouse in a couple must be the one to provide the oocytes or sperm. No compensation is offered to the person who provides the other half of the genetic material. The wife is also expected to carry her uterus, so a “surrogate mother” is not a legally acceptable role.
If the wife cannot carry a fetus to term, the couple cannot use reproductive technology to start or grow their family. With the legality of same-sex marriage, a female couple can have a child through reproductive assistance, but a male couple cannot, because neither of them has a uterus to carry their child. However, using a substitute is not completely illegal. There are only penalties for it if it is done for profit.
If the MOHW manages to legalize surrogacy, the nature of parent-child relationships will be redefined and same-sex couples will have more opportunities to have children who are biologically related to one of the them. Allowing for compensation for surrogates could also mean more women willing to help couples have children, and protect surrogates with legal rules to ensure they are treated fairly.
We aim to give our clients a straightforward breakdown of what can seem like a complicated and scary process so they can enjoy the wonderful experience of bringing a child into the world through surrogacy. Contact us today to schedule a consultation!
