Evelyn Yang : “Taiwan Surrogacy: Thousands of Miles Traveled for Child”

By Evelyn Yang, CNA staff writer

Editor’s Note: This is the first installment of a two-part series exploring Taiwan’s ongoing debate on amending the Assisted Reproduction Act, which came into effect in 2007.

A lively 3-year-old boy of Ukrainian-Taiwanese descent, with a mop of brown hair, gleefully races toy cars around a souvenir shop in New Taipei. His Taiwanese parents watch on with adoring smiles.

Meet An – a child biologically linked only to his father, known as Lin (林). An entered the world through the wonders of surrogacy, with an egg from a Ukrainian donor and carried to term by a surrogate mother from Ukraine.

An is just one of many children in Taiwan born through overseas surrogacy arrangements, a necessary step due to the practice being illegal in Taiwan.

“My wife and I were in our fifties when we decided we wanted to have a child,” Lin shared in a recent interview with CNA. “Given our age, adoption was not a viable option for us.”

After extensive research online, Lin and his wife connected with a hospital in Ukraine. They made the journey in 2021, amidst the challenges of the COVID-19 pandemic, to proceed with the process of selecting an egg donor and a surrogate mother. Ten months later, they welcomed their son into the world.

Lin commended Ukraine’s well-structured surrogacy system but highlighted the emotional rollercoaster they endured during the 10-month wait, particularly the anxiety surrounding the regular health updates on their unborn child.

“If surrogacy were legal in Taiwan, it would eliminate the language barriers and uncertainties that come with seeking this service abroad,” Lin expressed.

However, the key to changing the legislation ultimately lies in achieving a consensus among the public, he concluded.

The contentious topic of surrogacy has long divided opinions in Taiwan.

Since the inception of the Assisted Reproduction Act in 1996, surrogacy has been a subject of deliberation. Yet, due to ethical concerns, it was omitted from the regulations upon the Act’s passage in 2007.

Inclusion of Surrogacy in Proposed Amendments

Times have changed. Following two public hearings in February and March, the Ministry of Health and Welfare announced plans in mid-May to revise the act and legalise surrogacy, albeit with stringent conditions.

Long-standing advocate for surrogacy legalisation, Taiwan People’s Party Legislator Chen Gau-tzu (陳昭姿), highlighted that the government has been using “administrative orders” to impede surrogacy, as the procedure itself is not illegal – it is the healthcare professionals facilitating it that face restrictions.

“The world has progressed, while Taiwan has remained stagnant for three decades,” Chen asserted.

“When I first began advocating for this cause, around a dozen countries were working towards legalising and establishing frameworks for surrogacy,” she recalled. “Now, that number has surged to over 30 or 40 countries.”

She stressed that given Taiwan’s advancements in assisted reproduction, implementing surrogacy should not pose a significant challenge.

Chen, who has battled a congenital uterine anomaly since the age of 15, has been championing the rights of infertile parents for thirty years. She believes that couples struggling with infertility should not feel compelled to opt for adoption and should have the freedom to choose how they wish to build their families.

For some same-sex couples, surrogacy is seen as a vital option.

Gary, a gay father, shared that he had always dreamt of becoming a parent and had anticipated that Taiwan would eventually legalise surrogacy. Years ago, he even entered into a “mock marriage” with a lesbian partner, but later decided against it due to potential complexities arising from the marriage when a child would be brought into the picture.

The High Price Tag for Same-Sex Couples

Gary embarked on a quest to find a surrogate mother in the United States in 2017. The initial attempt was unsuccessful, but the second try bore fruit.

In 2019, after Gary and his partner Peter tied the knot following the legalisation of same-sex marriage in Taiwan, the surrogate delivered twin boys.

Despite relishing their joyous family life with 5-year-old twins, Mayson and Samson, Gary recounted the arduous journey they traversed.

“Samson was diagnosed with several rare conditions immediately after birth,” Gary recounted, detailing the four surgeries within eight days and a five-month hospitalisation in the U.S., costing around NT$80 million (US$2.47 million).

“Had we been able to pursue surrogacy in Taiwan, we could have avoided such hardships,” Gary reflected.

“Enabling this in Taiwan would be the most straightforward option for aspiring parents,” Peter concurred. “While different nations may hold varying perspectives on this matter, Taiwan has already embraced same-sex marriage… I hope surrogacy will become a reality in the future.”

Some women’s groups and scholars are urging lawmakers to treat the surrogacy issue separately through legislative amendments. They stress that many nuances of the process have yet to be thoroughly discussed with or communicated to the public.

Reese Li (黎璿萍), secretary-general of the Taiwan LGBT Family Rights Advocacy, underscored the necessity of safeguarding “all parties involved” if the laws are updated.

Li asserted that the legislation must ensure the well-being of surrogate mothers and intending parents while prioritising the best interests of the future child. “We must also delineate the responsibilities of agencies and the array of services they ought to provide,” she added.

The U.S.-based Reproductive Sciences Medical Center, with extensive experience aiding Taiwanese parents in surrogacy arrangements in the U.S., stressed the importance of meticulous selection in surrogacy.

Stringent health screenings, protection of privacy rights for clients and surrogates, clarification of the child’s legal status, and provision of social support were all deemed fundamental aspects by the center.

As per the health ministry’s proposed amendments to the Assisted Reproduction Act, one party in the couple must be under 50 years old, and all women involved must have a medical condition rendering pregnancy unfeasible.

This draft is currently open for public feedback until July 13, with plans for Cabinet evaluation by the year’s end.

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