Surrogacy would likely be legalized in the Ministry of Health and Welfare’s latest amendment, although the ultimate decision would be left to lawmakers, Minister of Health and Welfare Hsueh Jui-yuan (薛瑞元) said yesterday.
Hsueh made the statement at a meeting of the legislature’s Social Welfare and Environmental Hygiene Committee, a day after Taiwan People’s Party Chairman and presidential candidate Ko Wen-je (柯文哲) said he would legalize surrogacy and lift restrictions on donating ova if elected.
The Assisted Reproduction Act (人工生殖法) outlaws surrogacy, but the ministry has been drafting an amendment based on input from across sectors, said Hsueh, who previously said he has “no fixed position” on the issue.
Photo: CNA
A public debate is still needed on whether to maintain the ban, but the amendment is likely to legalize surrogacy to provide more choice to the public, he said.
However, the ministry would respect their choice if legislators maintain the ban, he added.
Other changes to the act seek to broaden the scope of people eligible for assisted reproduction to include same-sex couples, single women and surrogates, as well as protect the rights of children, Health Promotion Administration Director-General Wu Chao-chun (吳昭軍) said.
The act limits recipients to married, heterosexual couples in which one spouse has been diagnosed with infertility or a major hereditary disease, and the other spouse possesses healthy reproductive cells.
Over the past two-and-a-half years, 13 meetings on the issue have been held with experts, including lawyers and advocates for women and children, Wu said.
The ministry is seeking a consensus among their many viewpoints and has drafted a framework that primarily aims to include the three new groups, he said.
Additional consultation and legal considerations would be necessary if surrogacy were legalized, although the content cannot be detailed in the law itself, he said, but added that the ministry would provide sample contracts.
The amendment is likely to be announced in the first or second quarter of next year, followed by 60 days of public feedback, Wu said.
After additional adjustments and a review by gender equality committee members, the final draft is expected to be sent to the Cabinet for approval by the end of next year, he added.
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