Yes, surrogacy is legal in Taiwan under strict conditions, primarily for married heterosexual couples with medical infertility, as governed by the Assisted Reproduction Act and overseen by the Ministry of Health and Welfare (MOHW). Commercial surrogacy remains prohibited, and all arrangements must comply with the Human Assisted Reproduction Act (2023 amendments), effective January 1, 2026, which tightens oversight of genetic material and gestational carriers.
Key Regulations for Surrogacy in Taiwan
- Eligibility Restrictions: Only married heterosexual couples with documented infertility (e.g., uterine absence or severe medical conditions) may pursue surrogacy. Single individuals and same-sex couples are explicitly excluded under current provisions.
- Prohibited Commercialization: Surrogacy agreements must be altruistic; compensating gestational carriers beyond reasonable expenses (e.g., medical costs, lost wages) is criminalized under Article 20 of the Human Assisted Reproduction Act, punishable by up to 5 years imprisonment or fines up to NT$5 million.
- Regulatory Oversight: The MOHW mandates pre-approval for surrogacy arrangements via designated fertility clinics, requiring genetic testing, psychological evaluations, and judicial review of contracts. Non-compliance risks voiding parental rights or criminal liability for intermediaries.
Taiwan’s framework reflects a cautious approach, balancing reproductive rights with ethical concerns. The 2023 amendments, slated for full enforcement in 2026, introduce stricter penalties for violations and expand the MOHW’s investigative powers to address emerging circumvention tactics, such as cross-border arrangements. Clinics must now report all surrogacy-related procedures annually, with audits conducted by the National Health Insurance Administration.