The Research on the Right of Child Adoption by Same-Sex Families

• Main Authors: Chieh-YuChen, 陳婕妤
• Other Authors: Yi-Tien Lin
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/je2rj4

碩士 === 國立成功大學 === 法律學系 === 105 === For lacking procreative function, adoption is an important access for same-sex families to nourish their children, but the existing law of adoption in Taiwan is only for single person and married couples, judicial decisions also rejected adoption applications for the motive of going against the best interests of the child, which excluded gay men, lesbians and same-sex couples from adopting children. According to empirical scientific researches, the development of adopted children is correlated to the quality of parent/child relationship and parenting approaches. Psychological adjustment, social functioning and sexual phychology of adopted children is not associated with the sexual orientation of their parents. It doesn’t affect their parenting ability either. Thus same-sex families should have equally access to child adoption as opposite-sex families under the constitution of the freedom to adopt children and the right of equality. After the announcement of Judicial Yuan Interpretation No. 748, the honorable Justices required legislature to equally protect same-sex couples to get married. It’s not only for marital rights and obligations but also for the right of child adoption. We should ensure same-sex families and opposite-sex families having the same legal rights and obligations to child adoption, and promote courts to substantially consider all the factors about qualified/suitable parents and the best interests of the child, to prevent from discrimination when confer the right of child adoption.