Can You Donate Eggs, Sperm, or Find a Surrogate in Taiwan? What Does the Assisted Reproduction Act Say?
Under Taiwan's current Assisted Reproduction Act, sperm and egg donation are legal, but surrogacy is not yet permitted and may not be performed. Donations must be handled by institutions approved by the central competent authority, and recipients are limited to infertile couples (where the wife can carry a pregnancy with her uterus). Donations are uncompensated (though donors may receive nutritional fees and other compensation) and cannot be bought or sold. The following is a neutral summary of regulations, not legal or medical advice. For exact conditions, refer to the latest laws and announcements from the competent authority.
FAQ
Is it legal to donate sperm or eggs in Taiwan?
Yes. Under the Assisted Reproduction Act, donating reproductive cells (sperm or eggs) is legal, but must be done through artificial reproduction institutions approved by the central competent authority (Ministry of Health and Welfare), and must undergo statutory health checks and screenings. Donation is uncompensated; donors may not buy or sell reproductive cells. This page provides a neutral summary of regulations.
Can I find a surrogate mother in Taiwan?
Currently, no. The current Assisted Reproduction Act does not cover surrogacy; the wife receiving treatment must be able to carry and give birth using her own uterus. A separate law on surrogacy has been discussed in the Legislative Yuan over the years but has not yet been passed, so surrogacy is not yet permitted in Taiwan. Whether the law will be amended and future regulations depend on the latest progress of the competent authority and legislation.
Who can receive donated sperm or eggs? Are there eligibility restrictions?
Under the Assisted Reproduction Act, artificial reproduction is applicable to 'recipient couples,' meaning legally married couples where the wife can carry and give birth using her uterus, at least one spouse has healthy reproductive cells, and they have been diagnosed with infertility or a major genetic disease. For exact eligibility conditions, please refer to current laws and institutional assessments.
What are the legal restrictions on donating reproductive cells?
Key restrictions include: donations must be made at approved institutions and undergo screening for infectious and genetic diseases; the same donor's reproductive cells may not be used for another couple after one successful live birth (to avoid consanguineous marriage risks); donation is uncompensated, with only necessary compensation such as nutritional fees and lost wages allowed, and no buying or selling. For detailed rules, refer to the Assisted Reproduction Act.
Are sperm and egg donations anonymous? Can the child later find out about the donor?
The identity information of donors and recipient couples is kept confidential by law, and in principle, neither party knows the other's identity. Children born through artificial reproduction or their legal representatives may, under specific circumstances such as concerns about consanguinity with a marriage partner, apply to the competent authority to check for a biological relationship to avoid consanguineous marriage. However, under normal circumstances, the donor's identity cannot be disclosed. This page provides neutral information.
Can same-sex couples or single individuals undergo artificial reproduction in Taiwan?
Under the current Assisted Reproduction Act, the eligible recipients are limited to legally married couples meeting statutory requirements; same-sex spouses 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 eligibility (including same-sex couples, singles, and surrogacy) are ongoing. For the exact scope of eligibility, please refer to the latest laws and announcements from the competent authority. This page does not provide legal advice.
Can I receive money for donating reproductive cells? Is it considered a sale?
The Assisted Reproduction Act explicitly states that donation of reproductive cells is uncompensated; buying, selling, or brokering is prohibited. Institutions may provide donors with necessary compensation such as nutritional fees, lost wages, and transportation costs, but these are compensatory, not a price. Buying or selling reproductive cells is subject to fines or criminal penalties. Actual compensation methods depend on institutional and competent authority regulations.
If I go abroad for donation or surrogacy, what legal issues might I face upon returning to Taiwan?
The legality and parent-child relationship recognition for donation and surrogacy vary greatly between countries. Cross-border procedures may involve complex issues such as the child's nationality, entry, birth registration, and parent-child relationship (especially legal parentage for surrogacy children). Whether it is suitable and the legal effect upon return to Taiwan require case-by-case assessment by a lawyer specializing in cross-border and family matters. This site only provides neutral information and does not offer legal or medical advice.
References (official data sources)
· This page is a neutral compilation of information, for reference only, not medical advice, and does not constitute any treatment commitment. Actual regulations and treatments should be based on announcements from competent authorities and explanations from qualified physicians.
