LGBT Rights in Hsinchu District

Hsinchu is governed by federal Taiwan law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✖ No protections
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✖ Banned (5-year deferral)
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Hsinchu

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Homosexual activity in Hsinchu is legal.

Current status
Since Dec 25, 1947
Legal
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.
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Same-sex marriage in Hsinchu

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Same-sex marriage in Hsinchu is legal.

Current status
Since May 24, 2019
Legal
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.
Jan 2003–May 23, 2019
Unrecognized
Taiwan was the first country in the Asia-Pacific region to consider legalizing same-sex marriage but the legislation stalled in the legislature.
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Censorship of LGBT issues in Hsinchu

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Censorship of LGBT issues in Hsinchu is no censorship.

Current status
No censorship
In Taiwan, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Hsinchu

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Right to change legal gender in Hsinchu is legal, no restrictions.

Current status
Since Sep 23, 2021
Legal, no restrictions
Since 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling
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1988–Sep 23, 2021
Legal, but requires surgery
Transgender citizens are permitted to change their legal gender in Taiwan provided they undergo gender re-assignment surgery.. In 2008 the Taiwanese Health Department announced it would recommend that female to male transexuals would no longer be required

Gender-affirming care in Hsinchu

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Gender-affirming care in Hsinchu is legal.

Current status
Since 1997
Legal
In 1997, Taiwan adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal recognition of non-binary gender in Hsinchu

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Legal recognition of non-binary gender in Hsinchu is not legally recognized.

Current status
Not legally recognized
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.

LGBT discrimination in Hsinchu

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LGBT discrimination in Hsinchu is illegal.

Current status
Since 2004
Illegal
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.

LGBT employment discrimination in Hsinchu

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LGBT employment discrimination in Hsinchu is sexual orientation and gender identity.

Current status
Since 2007
Sexual orientation and gender identity
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).

LGBT housing discrimination in Hsinchu

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LGBT housing discrimination in Hsinchu is no protections.

Current status
No protections
Laws in force in Taiwan do not offer protection against discrimination based on sexual orientation and/or gender identity in housing.

Same-sex adoption in Hsinchu

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Same-sex adoption in Hsinchu is legal.

Current status
Since May 16, 2023
Legal
Taiwan's parliament passed an amendment allowing same-sex couples to jointly adopt children.
Jan 13, 2022–May 16, 2023
Ambiguous
In January 2022, by a unprecedented court order a same-sex couple legally adopted a child in Taiwan. The Legislative Yuan is yet to codify within legislation the recent court ruling (based on a 2019 "partial" adoption law).
May 24, 2019–Jan 13, 2022
Second parent adoption only
The same-sex marriage law (that passed the Legislative Yuan in May 2019) grants married same-sex couples the right to adopt children genetically related to one of the partners.

Intersex infant surgery in Hsinchu

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Intersex infant surgery in Hsinchu is not banned.

Current status
Since Jan 1, 2018
Not banned
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.
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Serving openly in military in Hsinchu

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Serving openly in military in Hsinchu is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Jan 2002
Lesbians, gays, bisexuals permitted, transgender people banned
Taiwan allows gay and lesbian soldiers provided they maintain military discipline standards.
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Blood donations by MSMs in Hsinchu

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Blood donations by MSMs in Hsinchu is banned (5-year deferral).

Current status
Since May 2018
Banned (5-year deferral)
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.
2001–May 2018
Banned (indefinite deferral)
Gay, lesbian, bisexual, and other "high risk HIV" groups are banned from donating blood in Taiwan.
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Conversion therapy in Hsinchu

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Conversion therapy in Hsinchu is banned.

Current status
Since Jan 1, 2018
Banned
Banned under the Code of Criminal Procedure and the Protection of Children and Youths Welfare and Rights Act
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Equal age of consent in Hsinchu

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Equal age of consent in Hsinchu is equal.

Current status
Since Dec 25, 1947
Equal
Unsure of date. Date shown represents ratification of the Taiwanese Constitution. The age of consent in Taiwan is 16 (sixteen).
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