TAIPEI (TVBS News) — In a groundbreaking move, the Ministry of Health and Welfare (衛福部, MOHW) through its Health Promotion Administration (國健署) announced on Tuesday (May 14) a draft for the Assisted Reproductive Act (人工生殖法) that aims to legalize surrogacy in Taiwan.
This initiative could position Taiwan as the first country in Asia to legalize surrogacy through central legislation. The draft allows infertile heterosexual couples, gay partners, single women, and lesbian partners to apply for surrogacy, expanding the scope of assisted reproductive services significantly.
Legislator Chen Ching-hui (陳菁徽) of the Kuomintang (KMT) praised the MOHW's forward-looking draft, considering it a warm gift from Minister Hsueh Jui-yuan (薛瑞元) to those longing for children before his departure.
Meanwhile, Legislator Chen Chao-tzu (陳昭姿) expressed hope that the new Premier, Cho Jung-tai (卓榮泰), would expedite the review of this draft and implement the law in the next legislative session. The draft not only broadens the eligibility for assisted reproductive services to include same-sex couples and single women but also sets strict qualifications for surrogate mothers, including being a Taiwanese national aged between 20 and 40 with previous full-term pregnancy experience.
The draft strictly prohibits commercial surrogacy but allows for the payment of nutritional and other necessary expenses, requiring a special account for surrogacy fees.
To protect the mental health of surrogate mothers, it permits them to visit the child for at least two years after birth. Additionally, the draft sets penalties for illegal practices in the surrogacy process, including fraud or coercion in signing surrogacy contracts, punishable by up to three years in prison.
This legislative proposal marks a significant step towards inclusivity and support for various family formations in Taiwan, reflecting a progressive approach to reproductive rights and services.