Unsure of date which reflects the ratification of the current constitution of the Republic of China (Taiwan). Taiwanese criminal code treats sexual acts between same-sex partners in private as equal to heterosexual sex acts performed in private.

On 24 May 2017, the Constitutional Court ruled that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Constitution of the Republic of China. The ruling (Judicial Yuan Interpretation No. 748) gave the Legislative Yuan two years to bring the marriage laws into compliance, after which registration of such marriages would come into force automatically. On 20 February 2019, a draft bill entitled the Enforcement Act of Judicial Yuan Interpretation No. 748 was released. The draft bill would grant same-sex married couples almost all the rights available to heterosexual married couples under the Civil Code, with the exception that it only allows adoption of a child genetically related to one of them.

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, signed by the President on 22 May and took effect on 24 May 2019 (the last day possible under the Court's ruling). Taiwan was the first Asian country to approve gay marriage legislation.

In Taiwan, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

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

From at least December 13th 2014: in Taiwan, the largest barrier to gender-affirming care is cost as the national health insurance does not cover it. However there are no major legal/regulatory barriers to gender-affirming care for minors or adults alike.

Taiwan had plans to allow a third gender option on documents such as ID cards and passports and announced it would go forward with it in late 2020. However, nothing of the sort has been passed.

Articles 12, 13 and 14 of the Gender Equity Education Act (2004) include gender identity and sexual orientation among the prohibited grounds of discrimination in education. Taiwan banned workplace discrimination against LGBT citizens in 2007.

In 2007 and 2008, the Legislative Yuan passed amendments to two employment laws banning discrimination based on sexual orientation and gender identity at work.

Employment discrimination based on sexual orientation and gender identity is prohibited under Article 5 of the Employment Service Act (2007) and Chapter II of the Gender Equality in Employment Act (2008).

Laws in force in Taiwan do not offer protection against discrimination based on sexual orientation and/or gender identity in housing.

Taiwan's parliament passed an amendment allowing same-sex couples to jointly adopt children.

In October 2018, as a response to Control Yuan's report on intersex rights, the Ministry of Health and Welfare issued the “Recommended common principles regarding corrective surgery on non-adult intersex persons”. The guideline prohibits “non-essential and irreversible” intersex medical interventions considered to be "sex assignment surgery" on anyone under the age of 12, except in grave medical conditions. For adolescents aged between 12 and 18, "sex assignment surgery" is permitted for those "suffering difficulty in adapting to their condition", requiring approval by a medical team consisting of psychiatrist, pediatrician, pediatric surgeon and child psychologist. Assessment by a medical team as such is also needed before an intersex adult undergoes sex assignment surgery. While Hiker Chiu, the spokesperson for Oii-Chinese, conceded that the guideline was not on the statute book, she expressed optimism that medical practitioners would abide by this official guideline.

Taiwan allows gay and lesbian soldiers provided they maintain military discipline standards.

In March 2018, the Government gazetted, for a two-month public consultation, amendments to the Standards on Assessing Donor Suitability for Blood Donation that included allowing gay and bisexual men who have not had sex with another man for five years to donate blood. A spokesperson for the Ministry of Health and Welfare said that the abstinence period would be further reduced to one year in the future, so as to bring the Taiwanese standard in line with Western countries.

Banned under the Code of Criminal Procedure and the Protection of Children and Youths Welfare and Rights Act

Unsure of date. Date shown represents ratification of the Taiwanese Constitution. The age of consent in Taiwan is 16 (sixteen).