bobsaigon Posted August 9, 2019 Posted August 9, 2019 Monday, July 8, 2019 Taiwan Same-Sex Marriage Limitations Taiwan recently became the first country in Asia to legalize same-sex marriage. Many consider this as a significant momentous event that could kick start a similar trend in other countries in Asia. However, the new legislation has not come without restrictions. Both Taiwanese and non-Taiwanese same-sex couples who are interested in marrying in Taiwan should be advised that the new law only applies if both parties are citizens of countries where same-sex marriage is currently recognized. For example, if one of the parties is an Australian citizen and the other is a Taiwan citizen, the marriage would be legal in Taiwan because both Australia and Taiwan recognize same-sex marriages. However, if one of the parties is a Taiwanese citizen and the other from a country that does not recognize same-sex marriage, such as China, the Philippines, Thailand or Vietnam, the marriage would not be legal in Taiwan because same-sex marriage is not legal in those countries. These limitations are especially important in the U.S. immigration context as in order to immigrate to the United States based on marriage to a U.S. citizen or enter as a non-immigrant dependent (i.e. L-2, O-2, H-4), U.S. law requires that the marriage is valid in the country where it occurred. Moreover, under current law in Taiwan, two foreign nationals in Taiwan may be limited to a civil notary marriage which may not be recognized as a valid marriage in Taiwan, and thus, not a valid marriage for U.S. immigration law purposes. It is possible for two foreign nationals to obtain a court ordered judgement of marriage but requires special procedures. vinapu and DivineMadman 2 Quote
lotus123 Posted August 9, 2019 Posted August 9, 2019 I don't see what there is to gain from getting married in Taiwan if you don't live there. If same-sex marriage is legal in your country, why not just marry your Thai boyfriend there? If it's difficult for him to get a visa for your country, I'm not convinced that a Taiwanese marriage certificate would make any difference. Quote
PeterRS Posted August 10, 2019 Posted August 10, 2019 I believe the law in Taiwan is very clear. Marriage between two men can only take place if one or both of the partners is Taiwanese. Quote
a447a Posted August 10, 2019 Posted August 10, 2019 Wasn't there talk at one time about legalizing gay marriage in Vietnam? Quote
PeterRS Posted August 10, 2019 Posted August 10, 2019 A gay marriage law went into effect in 2015. But it offers no legal recognition or protection. So its basically a sham - at least for the present. Quote
faranglaw Posted August 12, 2019 Posted August 12, 2019 On 8/10/2019 at 1:08 AM, a447a said: Wasn't there talk at one time about legalizing gay marriage in Vietnam? and Thailand, before the previous Parliament was dissolved for the election. Quote
PeterRS Posted August 13, 2019 Posted August 13, 2019 The earlier Bill in Thailand was for civil unions - not gay marriage. Quote
faranglaw Posted August 13, 2019 Posted August 13, 2019 4 hours ago, PeterRS said: The earlier Bill in Thailand was for civil unions - not gay marriage. Thanks Quote
