LEGISLATIVE UPDATE – PROPOSED LEGISLATION IN TAIWAN, January 2011

The Children and Youth Welfare Rights Protection Act

There are significant legislative efforts underway to revise the current laws of Taiwan (Republic of China) in reference to the social welfare of children and youth. These efforts will surely have an impact on the adoptions in Taiwan, whether domestic or international. The law under revision is entitled “Children and Youth Social Welfare Law”. This law has been in effect since 2003 and contains 75 articles.

The new proposed legislation is entitled “ The Children and Youth Welfare Rights Protection Act”. The new law contains 115 articles. The title of the act, as well as the increased number of provisions, demonstrate the scale and scope of the changes being made in the area of child welfare.

According to the government in Taiwan, the new legislation will make some significant changes to the adoption systems in Taiwan. To avoid child trafficking, only licensed organizations can process adoptions under the new law. Penalty for violation is NTB 300000, which is about USD $10,000. Another change is that prospective adoptive parents (PAPs) are required to take training courses, undergo mental health and physical health assessments, as well as obtain drug and alcohol clearances, etc.

While the timing is not yet determined, passage of the new law is perhaps expected after the Chinese New Year in February, 2011. However, the government has already been very actively making guidelines, and procedures for implementation as of the effective date of the new law. One policy guideline, which is significant for US families planning to adopt from Taiwan, is “domestic adoption first” – placing a priority on considering domestic families first for children, before considering international adoption. Procedures for implementing this policy guideline are under consideration and include the use of a domestic database to list children for a period of time prior to consideration for international placement. Gladney will continue to monitor the status of the proposed act and provide additional information and updates through passage.

-- Gongzhan Wu, VP and Managing Director - Asia


Gongzhan Wu VP & Managing Director - Asia Gladney Center for Adoption gongzhan.wu@gladney.org
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