Can I donate eggs, sperm, or find a surrogate in Taiwan? What does the Artificial Reproduction Act say?

What is the status of sperm/egg donation and surrogacy under the Artificial Reproduction Act?

It is clearest to consider the three matters separately: sperm and egg donation are legal in Taiwan but with strict conditions, while surrogacy is not yet permitted. Below is a neutral summary based on the Artificial Reproduction Act:

Recipients are limited to 'recipient couples' who are legally married, diagnosed with infertility or a major genetic disease, and where the wife can carry a pregnancy with her uterus.

The above is a neutral summary of regulations. Any amendments and future regulations are subject to the latest progress of the competent authority and legislation. This page is not legal or medical advice. Exact conditions are subject to current laws and announcements from the Ministry of Health and Welfare.

Why is 'uncompensated' important? What is the difference between nutritional fees and buying/selling?

The Artificial Reproduction Act explicitly states that reproductive cell donation is uncompensated, and cannot be bought, sold, or brokered for profit. This is one of the core principles of Taiwan's donation system. A common practical question is whether the fees provided by institutions constitute buying or selling:

• Compensation, not payment: Institutions may provide donors with 'necessary compensation' such as nutritional fees, lost wages, and transportation costs. This is intended to reimburse the donor's efforts and inconvenience during the donation process, not as payment for reproductive cells.
• Buying/selling and brokering are prohibited: Buying or selling reproductive cells for profit, or brokering for profit, may result in fines or criminal liability under the law.

The purpose of this design is to keep donation altruistic and medically cooperative, avoiding the commodification of reproductive cells. Actual compensation methods and amounts are determined by each institution and the competent authority.

This section is a neutral summary of regulations, not legal advice. Exact provisions are subject to the articles of the Artificial Reproduction Act and announcements from the Ministry of Health and Welfare.

Is donation anonymous? Can future children inquire about genetic lineage or parentage?

Taiwan adopts a design of identity confidentiality with limited genetic inquiry, which differs from some countries where children can learn the donor's identity upon reaching adulthood:

• Mutual identity unknown: Identity information between donors and recipient couples is kept confidential by law; in principle, neither party knows the other's identity.
• Inquiry allowed for 'genetic relationship': Children born through artificial reproduction or their legal representatives may, under specific circumstances such as concerns about genetic relation with a marriage partner, apply to the competent authority to inquire about 'whether a genetic relationship exists,' to avoid consanguineous marriage.
• Donor identity not disclosed: Under normal circumstances, the donor's personal identity information cannot be inquired.

Additionally, to reduce the risk of consanguineous marriage, reproductive cells from the same donor cannot be provided to others after one recipient couple has achieved a live birth.

The above is a neutral summary of information. Exact procedures are subject to current laws and explanations from the competent authority. This page is not legal advice.

What is the current applicability for same-sex couples and single individuals?

Under the current Artificial Reproduction Act, the applicable subjects are limited to 'recipient couples' meeting legal requirements, and same-sex couples and single individuals are not yet included. After the legalization of same-sex marriage in 2019, discussions on whether to amend the law to expand the scope of artificial reproduction (including same-sex couples, single individuals, and surrogacy) have continued at the public policy and legislative levels, but as of now, relevant amendments have not been completed.

Therefore, those not within the current scope who consider undergoing treatment abroad should pay special attention to local regulations and the legal recognition of the child's status upon returning to Taiwan. This involves specialized expertise in foreign and family law and should be evaluated on a case-by-case basis.

This page provides neutral explanations. Exact scope of applicability and legislative progress are subject to the latest laws and announcements from the competent authority. This page does not provide legal or medical advice.

Step 1 for today: First, confirm current regulations and eligibility requirements.

Sperm donation, egg donation, and surrogacy are all regulated by the Artificial Reproduction Act, and the regulations may be amended. For actual procedures, it is recommended to refer to the official current provisions and instructions from legitimate institutions. You can confirm in the following order:

• Check current legal provisions: Visit the National Laws and Regulations Database or the website of the Health Promotion Administration, Ministry of Health and Welfare, to verify the latest regulations on sperm donation, egg donation, and surrogacy under the Artificial Reproduction Act and whether any amendments have been made.
• Confirm your own eligibility: Current laws stipulate requirements for recipients (e.g., marital status), the principles of unpaid and anonymous donation, age limits, and donation frequency. First, check your own situation against these criteria.
• Consult legitimate institutions: Visit artificial reproduction institutions licensed by the Ministry of Health and Welfare to inquire about eligibility, procedures, and required documents for donation or receipt.

One thing you can do today: First, check the current provisions of the Artificial Reproduction Act and the list of licensed institutions on the website of the Health Promotion Administration, Ministry of Health and Welfare. Note down one legitimate institution in your city or county as a target for subsequent consultation.

This section is a neutral compilation of information, not legal advice. Actual regulations are subject to current legal provisions and announcements by the competent authority.