1. What are the laws and regulations regarding spousal and family considerations in Taiwan?

The laws and regulations regarding spousal and family considerations in Taiwan depend on the specific situation and circumstances. However, here are some general laws and regulations that apply to most families:

1. Marriage: In Taiwan, the legal age for marriage is 18 years old. Underage marriage (between the ages of 16-18) requires parental or guardian consent. Same-sex marriages were legalized in Taiwan in May 2019.

2. Divorce: In Taiwan, there are two types of divorce available – administrative divorce (mutual consent) and judicial divorce (unilateral). To file for an administrative divorce, both parties must agree to end the marriage and complete all necessary paperwork at a Household Registration Office. For a judicial divorce, one party must file a lawsuit with a family court.

3. Property Rights: In the event of a divorce, property acquired during the marriage is generally divided equally between both parties unless otherwise agreed upon in a prenuptial agreement.

4. Child custody: The default custody arrangement after a divorce is joint custody unless one parent can prove that the other parent is unfit or unable to care for the child. If joint custody is not possible, sole custody may be awarded to one parent with visitation rights granted to the non-custodial parent.

5. Child support: According to Taiwanese law, both parents have an obligation to financially support their children until they reach legal adulthood (20 years old).

6. Family violence protection: There are several laws in Taiwan that protect victims of domestic violence, including the Domestic Violence Prevention Act and Children and Youth Welfare Act. These laws provide measures such as restraining orders, emergency shelters, and counseling services for victims.

7. Parental leave: In Taiwan, new parents may be entitled to paid parental leave from work for up to eight weeks per year until their child turns three years old.

It is important to note that these laws and regulations may vary depending on individual circumstances, and it is always best to consult with a legal professional for specific advice.

2. Are there any specific requirements for marriage or divorce in Taiwan?

Yes, there are specific requirements for marriage and divorce in Taiwan:

– Marriage:
1. Legal age: Both parties must be at least 18 years old to marry.
2. Capacity to consent: Both parties must have the mental capacity to understand the nature of marriage and consent to it.
3. No prohibited relationship: Incestuous or bigamous marriages are not allowed.
4. Consent of parents/guardians: If either party is under 20 years old, they must obtain the consent of their parents or legal guardians.
5. Registration: A marriage must be registered with the household registration office in Taiwan.

– Divorce:
1. Grounds for divorce: There are six grounds for divorce in Taiwan, including adultery, domestic violence, impotence, and separation for at least five years.
2. Jurisdiction: At least one party must be a citizen of Taiwan or reside there for at least one year before filing for divorce in Taiwanese court.
3. Separation period: For certain grounds, such as desertion or failure to provide support, there must have been a continuous separation between the spouses for at least two years before filing for divorce.
4. Mediation: Before pursuing a lawsuit for divorce, both parties must attempt mediation through the court system.

It is recommended to consult with a local attorney in Taiwan for more detailed information on the requirements and procedures for marriage and divorce.

3. How does Taiwan view same-sex marriages and LGBTQ+ families?

Taiwan is generally known for being one of the most supportive countries in Asia when it comes to LGBTQ+ rights. The country has made significant progress in recent years towards legalizing same-sex marriage and protecting the rights of LGBTQ+ families.

In 2017, the Constitutional Court ruled that banning same-sex marriage was unconstitutional, and gave the government two years to make necessary changes to laws and regulations to legalize it. In 2019, Taiwan became the first country in Asia to legalize same-sex marriage, following a historic vote by parliament.

Since then, Taiwan has continued to make efforts to protect and support LGBTQ+ families. In 2020, a new law was passed that allows same-sex couples to adopt children biologically related to one spouse or adopted by both spouses. This brought equal protection for adoption rights regardless of sexual orientation.

Overall, Taiwanese society has become increasingly accepting of LGBTQ+ individuals and families. Many cities in Taiwan also hold pride parades and events each year to celebrate diversity and raise awareness for LGBTQ+ rights.

However, there are still some challenges faced by LGBTQ+ individuals in Taiwan, such as discrimination in the workplace or access to healthcare services. The country is continually working towards creating a more inclusive society for all people regardless of their sexual orientation or gender identity.

4. Are spouses of citizens automatically granted residency or citizenship in Taiwan?

No, spouses of citizens are not automatically granted residency or citizenship in Taiwan. They must still go through the proper application process and meet all requirements for residency or citizenship.

5. What options are available for spousal sponsorship in Taiwan immigration laws?

In Taiwan, the options for spousal sponsorship are as follows:

1. Marriage-based residence visa: This visa is available to foreign spouses married to Taiwanese citizens or permanent residents. It allows them to live and work in Taiwan for a period of up to 3 years.

2. JFRV (Joint Family Resident Visa): This visa is available to foreign spouses who have been married to Taiwanese citizens or permanent residents for at least 2 years. It allows the spouse to reside in Taiwan indefinitely for the purpose of family unity.

3. APRC (Alien Permanent Resident Certificate): Foreign spouses who have been married to Taiwanese citizens or permanent residents for at least 5 years can apply for an APRC which grants them permanent resident status in Taiwan.

4. Dependent visa: For non-married couples, a dependent visa may be an option if they can prove that they have been living together with their significant other in another country for at least 2 years and have a genuine relationship.

5. Work permit as a dependent: Foreign spouses who hold a resident visa can also apply for a work permit as a dependent, which allows them to work in Taiwan without having to change their status.

It should be noted that all spousal sponsorship options require the foreign spouse to meet certain eligibility criteria and provide evidence of their relationship, such as marriage certificate or proof of cohabitation. In some cases, the sponsoring spouse may also need to meet financial requirements and provide additional documents, depending on the type of visa being applied for.

6. Is there a minimum age requirement for marriage or having children in Taiwan?

There is no minimum age requirement for marriage in Taiwan, as long as both parties are consenting adults (at least 18 years old).

However, individuals under the age of 20 must obtain consent from their parents or legal guardians before getting married. In cases where one party is between the ages of 16-18, both parental consent and approval from a local court are required.

There is also no specific statutory minimum age for having children in Taiwan. However, the Child Welfare Act states that when a minor (under 18) becomes pregnant, proper care and protection must be provided to her and the child by their parents or guardians. The legal age of majority in Taiwan is 20 years old.

7. Does Taiwan offer any benefits or support for stay-at-home parents?

Yes, Taiwan offers benefits and support for stay-at-home parents. Some of these include:

1. Childcare Subsidies: The government provides subsidies to families with children under the age of 4 who are not enrolled in formal childcare facilities. This subsidy aims to help parents cover the cost of childcare while they work or attend to other responsibilities.

2. Parental Leave: In Taiwan, both mothers and fathers are entitled to parental leave after the birth or adoption of a child. Mothers can take up to 8 weeks of paid maternity leave, while fathers can take up to 5 days of paid paternity leave.

3. Tax Deductions: Parents can claim deductions on income tax for expenses related to raising children, such as education and health care costs.

4. Child Allowance: Families with low income or with more than two children may receive a child allowance from the government.

5. Free Healthcare for Children: Children under the age of six can receive free medical services and medication at government-funded healthcare facilities.

6. Flexible Working Arrangements: Employers are required by law to offer flexible working arrangements, such as part-time work or telecommuting options, for employees who have children under the age of three.

7. Parenting Education Programs: The government provides parenting education programs to support stay-at-home parents in their role as primary caregivers for their children.

8. Family Assistance Services: Local governments in Taiwan offer family assistance services, including counseling, psychological support, and referral services to help parents cope with the challenges of raising children.

8. How does childcare work in Taiwan? Is it affordable and accessible for working parents?

Childcare in Taiwan is generally affordable and accessible for working parents. It is provided by both public and private institutions, including government-run preschools and private daycare centers.

In public preschools, the cost of childcare is heavily subsidized by the government, with tuition fees ranging from 1,000 to 3,000 New Taiwan Dollars (NTD) per month (equivalent to approximately $33 to $100 USD). Private daycare centers may have higher costs, with fees ranging from 5,000 to 12,000 NTD per month (equivalent to approximately $170 to $400 USD), but subsidies are available for low-income families.

Childcare facilities in Taiwan typically operate Monday-Friday from 8am to 5pm. Some centers also offer extended hours for working parents.

In addition to formal childcare centers, many families rely on grandparents or other family members for childcare assistance. Flexible work arrangements and government-mandated parental leave policies also allow parents to spend more time caring for their children.

Overall, while there may be variation in specific fees and availability depending on location and type of care chosen, childcare in Taiwan is generally considered affordable and accessible for working parents.

9. Are there any tax incentives or deductions for families with children in Taiwan?

Yes, there are several tax incentives and deductions available for families with children in Taiwan:

1. Child Tax Deduction: Parents can claim a deduction of NT$120,000 per child on their annual income tax return.

2. Dependent Deduction: Parents can also claim a dependent deduction of NT$60,000 for each dependent child under the age of 20 or a child aged 25 or younger who is studying at a university, college, or technical school.

3. Education Expense Deduction: Parents can deduct up to NT $25,000 per year for education expenses for each dependent child who is preschool age (5 years old) or above.

4. Childcare Allowance: Working parents with children under the age of 12 may be eligible for a childcare allowance of up to NT$10,560 per month.

5. Parental Leave Subsidy: If a parent takes unpaid parental leave to care for a child under the age of three, they may be eligible for a subsidy of up to two-thirds of their salary (up to NT$40,000 per month).

6. Low-Income Household Allowance: Families with children and low incomes may qualify for the Low-Income Household Allowance, which provides financial assistance based on household size and income level.

7. Tax-Free Family Benefits: Certain allowances provided by employers to employees with children may be exempt from taxes, including transportation allowances and family benefits such as meal subsidies and gift cards.

It is recommended that families consult with a tax professional or visit the National Taxation Bureau’s website for more information and specific eligibility criteria.

10. Are there any government programs or subsidies available to support low-income families in Taiwan?

Yes, there are several government programs and subsidies available to support low-income families in Taiwan. Some of these include:

1. The Low-Income Household Subsidy Program: This program provides financial assistance to low-income households for basic living expenses such as food, clothing, and shelter.

2. National Health Insurance Premium Subsidy: This subsidy helps cover the costs of health insurance premiums for low-income families.

3. Childcare Fee Subsidy: This subsidy is provided to eligible low-income families to help cover the cost of childcare services for children under the age of 6.

4. Housing Allowance: Low-income households may be eligible for a monthly housing allowance to assist with rent or mortgage payments.

5. Basic Living Security Program: This program provides cash assistance to low-income families who are unable to meet their basic living needs.

6. Education Assistance Programs: The government offers various education assistance programs, including student grants, scholarships, and loans, to support students from low-income families.

7. Energy Subsidies: Low-income households may receive subsidies on energy bills to help reduce the burden of utility costs.

8. Food Assistance Programs: The government runs food assistance programs that provide food boxes or vouchers to low-income families in need.

9. Public Transportation Subsidies: Low-income individuals and families may be eligible for discounted or free public transportation passes or tickets.

10. Tax Credits and Deductions: There are certain tax credits and deductions available for low-income individuals and families, such as the Earned Income Tax Credit (EITC) and child tax credits.

11. What kind of healthcare coverage is available for spouses and dependents of residents/citizens in Taiwan?

Spouses and dependents of residents and citizens in Taiwan are eligible for National Health Insurance (NHI) coverage as long as they meet certain criteria. This includes being legally married to a resident or citizen, having a valid resident visa, and not being covered by another insurance plan. Once enrolled, they will have access to the same range of healthcare services and benefits as the resident or citizen they are registered under. They can also choose to apply for private insurance plans for additional coverage. Children under the age of 18 are automatically covered by their parent’s NHI policy.

12. How are parental leaves and benefits structured in Taiwan?

Parental leaves and benefits in Taiwan are structured as follows:

1. Maternity Leave: Female employees are entitled to 8 weeks of full paid maternity leave before and after childbirth.

2. Paternity Leave: Male employees are entitled to 5 days of paid paternity leave to care for their newborn child, with the option to extend up to 10 days with a partial salary.

3. Parental Leave for Childcare: Both male and female employees are entitled to take up to 2 years of unpaid parental leave for childcare, which can be taken in increments until the child reaches the age of three.

4. Special Sick Leave for Childcare: Employees with children under the age of 7 or disabled children under the age of 18 are entitled to take up to 5 days of special sick leave per year without providing proof of illness.

5. Childbirth Allowance: Every female employee who has given birth is eligible for a childbirth allowance from their employer, which should not be less than NT$600 (about US$20).

6. Child-raising Allowance: Parents or legal guardians who have toddlers below the age of two may receive a subsidy from the local Government, provided that their monthly household income does not exceed a certain threshold.

7. Parental Allowance: Employees on unpaid parental leave may apply for parental allowance from the labor insurance program, equivalent to half their average monthly insurance salary in the six months preceding leave.

8. Breastfeeding Breaks: Female employees are entitled to one hour off work each day for breastfeeding during their first year after giving birth.

9. Flexible Work Arrangements: Employers must consider requests from pregnant or breastfeeding employees for flexible work arrangements if these are necessary for health reasons.

10. Adoption Leave: Employees adopting a child under three years old can take up to eight weeks’ leave, six weeks fully paid and two weeks in line with the Labor Standards Act.

11. Adoption Allowance: Employees adopting a child under two years old are entitled to an adoption subsidy from their employer, which should not be less than NT$600 per month (about US$20).

12. Childcare Benefits: Employers are required to provide childcare facilities or subsidies for employees with children under the age of three, depending on the company size and number of employees with families.

13. Tax Deductions and Credits: Parents can receive tax deductions or credits for expenses related to childcare, education, and medical care for their children.

13. Is surrogacy legal and regulated in Taiwan, especially for non-nationals?

Surrogacy is currently not regulated in Taiwan, and there is no specific legislation or regulatory framework that addresses surrogacy. As a result, it is also not legally permitted for either nationals or non-nationals.

In 2004, the Ministry of Health and Welfare issued guidelines that prohibit any form of paid surrogacy arrangements. This was a part of new reproductive technology guidelines aimed at protecting the health and rights of women acting as surrogate mothers. The guidelines state that surrogacy should only be considered in exceptional circumstances, such as when the intended mother is unable to carry a pregnancy due to medical reasons.

There have been some recent efforts to legalize and regulate surrogacy in Taiwan. In 2017, a group of legislators introduced a bill that would allow altruistic surrogacy under certain conditions, such as requiring the intended parents to have infertility issues and prohibiting commercial agencies from facilitating surrogacy arrangements. However, this bill has not yet been passed into law.

Given the lack of clear legislation on surrogacy in Taiwan, it is advisable for non-nationals seeking surrogacy to consult with a lawyer before pursuing any arrangements.

14. How does adoption work in Taiwan? Are international adoptions allowed?

Adoption in Taiwan is regulated by the Child and Youth Welfare Act, which allows for domestic and international adoption. International adoptions are managed by the Ministry of Health and Welfare’s Department of Social Affairs.

The process of adoption in Taiwan typically involves the following steps:

1. Eligibility: Prospective adoptive parents, both domestic and international, must meet certain requirements to be eligible to adopt a child in Taiwan. These requirements may vary based on the age of the child, marital status, financial stability, etc.

2. Adoption application: Prospective adoptive parents must submit an application to the National Immigration Agency (NIA) or designated social service agency in their local area.

3. Home study: A social worker will conduct a home study to assess the suitability of the prospective adoptive family.

4. Matching: The NIA or designated social service agency will match prospective adoptive parents with a child who meets their preferences and needs.

5. Notification period: After a potential match is made, there is a two-month notification period during which time both the birth family and prospective adoptive family can spend time together with the child.

6. Court approval: If both parties agree to continue with the adoption after the notification period, they can proceed to court for final approval.

7. Post-adoption follow-up: After completing the adoption process, post-adoption follow-up visits will take place for a period of one year.

There are specific rules and regulations for international adoptions in Taiwan that must be followed by both sending and receiving countries. This includes ensuring that all necessary paperwork is properly completed and submitted, adhering to any country-specific requirements for eligibility, etc. Prospective adoptive parents should consult with their local authorities or an accredited adoption agency for further information on adoption procedures in Taiwan.

15. Does child custody follow a specific legal process during separation/divorce proceedings?

Yes, child custody follows a specific legal process during separation/divorce proceedings. This process may vary slightly depending on the state or jurisdiction, but generally follows these steps:

1. Filing for Legal Separation or Divorce: One spouse must file a petition for legal separation or divorce in court. The petition must include a request for child custody and visitation orders.

2. Responding to the Petition: The other spouse must respond to the petition and may also submit their own requests for child custody and visitation.

3. Mediation: In many states, the court will require parents to participate in mediation before a judge makes a decision about custody. During mediation, a neutral third party will assist the parents in reaching an agreement regarding custody and visitation.

4. Custody Evaluation: If mediation is not successful, the court may order a custody evaluation to be conducted by a mental health professional. This evaluation will provide recommendations to the court about what is in the best interests of the child.

5. Court Hearing: If no agreement can be reached through mediation or evaluation, a hearing will be scheduled where both parties can present evidence and make arguments regarding custody.

6. Decision by Judge: After considering all evidence and arguments presented, the judge will make a decision on custody based on what is in the best interests of the child.

7. Issuance of Custody and Visitation Orders: Once the judge has made a decision, they will issue written orders outlining child custody and visitation rights for each parent.

8. Modification of Custody Orders: Custody orders can be modified if there is a significant change in circumstances that affects the best interests of the child (e.g., one parent relocates to another state).

9. Enforcement of Custody Orders: If one parent fails to comply with custody orders, the other parent can seek enforcement through court action.

It is important for both parents to follow this legal process to ensure that the best interests of the child are considered and protected.

16. Does Taiwan recognize prenuptial agreements?

Yes, Taiwan recognizes prenuptial agreements as long as they meet certain legal requirements. These include being made in writing, signed by both parties, and notarized or registered with authorities before the marriage takes place. The content of a prenuptial agreement must also be reasonable and not violate any laws or public order. Any clauses that are considered invalid will be disregarded by the courts.

17. Can stepparents legally adopt their spouse’s child/children from a previous relationship?

Yes, stepparents can legally adopt their spouse’s child/children from a previous relationship if the biological parent gives consent and the court deems it to be in the best interest of the child. This process involves filing a petition for adoption, undergoing background checks and home visits, and appearing in court for a final adoption hearing. The rights of the biological parent may need to be terminated before the stepparent can legally adopt the child. Each state has its own specific laws and procedures for stepparent adoption, so it is important to consult with an attorney or local court for more information.

18, Is domestic violence considered a serious crime against the family unit in Taiwan?

Yes, domestic violence is considered a serious crime against the family unit in Taiwan. The Domestic Violence Prevention Act was enacted in 1997 to protect family members from any form of violence and abuse within the household. It recognizes various forms of violence, including physical, psychological, sexual, and economic abuse, as well as neglect or abandonment. The law applies to all types of relationships within the family unit, including marriage, cohabitation, parent-child, and sibling relationships.

The penalties for domestic violence can be severe and may include imprisonment and fines. In addition to criminal penalties, the law also provides civil remedies for victims of domestic violence, such as protection orders and compensation for damages.

In recent years, there has been increased awareness and efforts in Taiwan to prevent and address domestic violence. This includes providing resources such as hotlines, shelters, counseling services, and legal aid for victims. There are also public education campaigns aimed at promoting healthy relationships and raising awareness about domestic violence.

Overall, the Taiwanese government takes domestic violence seriously and is committed to protecting the well-being of families by addressing this issue through both legal measures and support services.

19, How does inheritance law apply to spousal and familial property rights after death of a family member/resident of Taiwan?

In Taiwan, inheritance law is governed by the Civil Code and the Inheritance Act.

1. Inheritance Rights of Spouses

Under Taiwanese law, a spouse has the right to inherit from their deceased partner’s estate regardless of whether or not there is a will. This includes both legal and common-law marriages. The inheritance rights of a spouse may be restricted if they have committed certain acts such as bigamy or a serious crime against the deceased spouse, in which case they may be disinherited.

If there is no will, the surviving spouse will automatically inherit one-half (1/2) of the estate if there are children, and two-thirds (2/3) of the estate if there are no children. If there is a will, the surviving spouse’s share may be larger or smaller depending on what is stated in the will.

2. Inheritance Rights of Children

Under Taiwanese law, legitimate children have inheritance rights to their parents’ estate, including adopted children and children born out of wedlock who have been acknowledged by their parents. However, this does not apply to illegitimate children who have not been legally acknowledged by their parents.

In cases where there is only one child, they will inherit two-thirds (2/3) of the estate. If there are two or more children, they will inherit three-quarters (3/4) of the estate collectively.

3. Inheritance Rights of Other Relatives

Inheritance rights for other relatives such as siblings and grandparents vary depending on their relationship with the deceased person and whether or not they were dependent on them at the time of death.

For example, under Taiwanese law, parents have priority over siblings when it comes to inheriting from their child’s estate. If someone dies without any surviving spouses or children but has parents who are still alive, their parents would inherit everything.

4. Community Property System

In Taiwan, spouses can choose to enter into a community property agreement during their marriage where each spouse has equal ownership of any assets acquired during the marriage. In such cases, the surviving spouse would inherit their partner’s share of the community property.

5. Disputes over Inheritance

In cases where there is a dispute over inheritance, Taiwanese law allows for mediation or arbitration to be used to resolve the issue before proceeding with legal action.

Overall, Taiwanese inheritance law aims to ensure that close family members are protected and have inheritance rights in the event of a family member’s death. It is advisable for individuals to create a will in order to clearly state how they would like their assets to be distributed after their passing.

20, Are there any cultural traditions or customs related to spousal and family considerations that may differ from Western norms in Taiwan?

Yes, there are several cultural traditions and customs related to spousal and family considerations that may differ from Western norms in Taiwan.

1. Arranged marriages: In traditional Taiwanese culture, it is common for parents or other family members to arrange marriages for their children. This is often seen as a way to maintain social status and ensure compatibility between families. However, arranged marriages are becoming less common in modern Taiwan and many young people now choose their own partners.

2. Filial piety: In Taiwanese culture, filial piety – or respect for one’s parents and ancestors – is highly valued. This can manifest in several ways, including seeking parental approval before making major life decisions such as marriage or career choices.

3. Weddings: Taiwanese weddings are often lavish affairs that involve multiple ceremonies and rituals. For example, there may be a pre-wedding ceremony where the groom presents gifts to the bride’s family as a sign of respect and gratitude. The actual wedding ceremony may also include customs such as the exchange of tea cups between the bride and groom’s families to symbolize the joining of two families.

4. Extended families: In Taiwan, it is common for multiple generations to live together under one roof. Parents may live with their adult children and grandchildren, and grandparents play an active role in raising their grandchildren.

5. Importance of family harmony: Maintaining harmony within the family is highly valued in Taiwanese culture. As such, individuals may prioritize their family’s needs over their own wishes or desires.

6. Gender roles: Traditional gender roles are still prevalent in Taiwanese society, with men typically seen as the breadwinners and women responsible for domestic duties and childcare. However, these expectations are shifting as more women join the workforce and take on leadership roles.

7. Ancestral worship: Many Taiwanese families honor their ancestors through annual rituals such as offering food and incense at ancestral altars during important festivals or family gatherings.

8. Newborn customs: In Taiwanese culture, there are several customs related to newborns, such as giving red packets or gold jewelry as gifts to celebrate the birth and performing a ceremony to announce the baby’s name to relatives and friends.

9. Importance of education: Education is highly valued in Taiwanese culture, and parents often place great emphasis on their children’s academic success. This can create pressure for young people to excel academically.

10. Respect for elders: Respect for elders is an important value in Taiwan, and it is common for younger generations to defer to their elders in decision-making processes or daily interactions.