Current Version
| Region | Taiwan |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | 2008 |
| End Date | (none) |
| Description | Since 2008, changing the legal gender marker requires the surgical removal of sexual organs under the administrative rules No. 0970066240 issued by the Ministry of Interior. Since 2021, there have been several court cases in which plaintiffs have been able to change their gender without undergoing surgery. However, these rulings are favorable only in individual cases. 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling |
| Sources | 2008 Ordinance on Household Registration: https://database.ilga.org/api/downloader/download/1/TW%20-%20EXE%20-%20%20Ordinance%20on%20Household%20Registration%20regarding%20LGR%20(2008)%20-%20OR-OFF(zh).pdf https://thediplomat.com/2023/11/where-do-trans-rights-stand-in-taiwan-after-same-sex-marriage-legalization/ https://www.gaytimes.co.uk/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/ https://outleadership.com/wp-content/uploads/2022/11/CEO_CountryBriefs_Taiwan_Dec18.pdf https://www.gaytimes.com/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/ |
Revision History (5)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Legal, no restrictions | Legal, but requires surgery |
| Start Date | Sep 23, 2021 | 2008 |
| Description | Since 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling | Since 2008, changing the legal gender marker requires the surgical removal of sexual organs under the administrative rules No. 0970066240 issued by the Ministry of Interior. Since 2021, there have been several court cases in which plaintiffs have been able to change their gender without undergoing surgery. However, these rulings are favorable only in individual cases. 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling |
Show Difference | ||
| Sources | https://www.gaytimes.co.uk/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/ | 2008 Ordinance on Household Registration: https://database.ilga.org/api/downloader/download/1/TW%20-%20EXE%20-%20%20Ordinance%20on%20Household%20Registration%20regarding%20LGR%20(2008)%20-%20OR-OFF(zh).pdf https://thediplomat.com/2023/11/where-do-trans-rights-stand-in-taiwan-after-same-sex-marriage-legalization/ https://www.gaytimes.co.uk/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/ https://outleadership.com/wp-content/uploads/2022/11/CEO_CountryBriefs_Taiwan_Dec18.pdf https://www.gaytimes.com/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| Description | The decision was the result of a lawsuit filed by Xiao E, who was denied the right to change her gender on her national ID card. Under the archaic legislation, transgender people were required to surgically remove their reproductive organs in order to legally change their gender. The Taipei High Administrative Court ruled the requirement was unconstitutional on Thursday (23 September). They also cited that the plaintiff had provided the necessary requirements to undergo the process of legally changing her name without being subjected to surgery. Unfortunately, this ruling will only effect Xiao E. Other trans individuals looking to legally change their gender – without “proof of surgery” – will have to wait for the regulations to be revised or pursue legal action. | Since 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling |
Show Difference | ||
Reports (1)
- Status is not correct "The 2021 Taipei High Administrative Court ruling only applies to the plaintiff Xiao E. The Ministry of Interior's 2008 administrative order (#0970066240) is still in effect. Taiwan is still a compulsory surgery country that requires transgender people to surgically remove their sexual reproductive organs, and provide two psychiatric diagnoses of gender dysphoria, in order to change one's legal gender. "
edited by Notdog1996. It still requires surgery as the law never got updated
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Legal, but requires surgery |
| Special Status | Ambiguous | Legal, but requires surgery |
| End Date | Sep 24, 2021 | (none) |
| Old Value (Original) | New Value | |
|---|---|---|
| End Date | (none) | Sep 24, 2021 |
| Original entry | |
|---|---|
| Status | Ambiguous |
| Start Date | Sep 23, 2021 |
| End Date | (none) |
| Description | The decision was the result of a lawsuit filed by Xiao E, who was denied the right to change her gender on her national ID card. Under the archaic legislation, transgender people were required to surgically remove their reproductive organs in order to legally change their gender. The Taipei High Administrative Court ruled the requirement was unconstitutional on Thursday (23 September). They also cited that the plaintiff had provided the necessary requirements to undergo the process of legally changing her name without being subjected to surgery. Unfortunately, this ruling will only effect Xiao E. Other trans individuals looking to legally change their gender – without “proof of surgery” – will have to wait for the regulations to be revised or pursue legal action. |
| Sources | https://www.gaytimes.co.uk/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/ |