本文將借鏡美國同性關係下建立親子關係之規範，因美國各州有不同見解， 本文將以案例探討，特別以Obergefell v. Hodges 法案通過前後之案例為專節討論，探討美國如何認定同性父母與人工生殖子女之親子關係，而評析我國是否應重新檢討我國父母子女關係之制度設計，以保障同性家庭的權利。;Since the Judicial Yuan announced the Interpretation No. 748, Taiwan has become the first country in Asia to legalize same-sex marriage with the passage of the Act for Implementation of J. Y. Interpretation No. 748 in 2019. Since then, more and more LGBTQ individuals seek to form families. Under current law, the establishment of parent-child relationships in same-sex marriages is regulated through adoption. The children born to one partner are legally related to the other non-biological partner through stepparent adoption. On May 16, 2023, the Legislative Yuan passed an amendment to Article 20 of the Act for Implementation of J. Y. Interpretation No. 748, granting same-sex couples the right to jointly adopt and to engage in successive adoption, marking a significant breakthrough for same-sex marriage.
However, same-sex couples still have areas for discussion on establishing parent-child relationships. The current Assisted Reproduction Act applies only to infertile heterosexual couples, barring same-sex couples from using assisted reproductive technologies to have children. Unlike heterosexual couples, same-sex couples cannot establish parent-child relationships through the presumption of parentage by marriage, nor can they invoke Articles 23 to 25 of the Assisted Reproduction Act to legally recognize both partners as parents with parental rights over children born through assissted reproduction. This gap leaves same-sex couples and their children without the same legal protections. Furthermore, Taiwan has not yet legalized surrogacy. With the advances in medical technology and rapid social changes, it is worth examining whether current protections for same-sex families remain insufficient.
This paper will explore how the United States regulates parent-child relationships in same-sex families. Because of varied interpretations across the states, case studies will be used, with a particular focus on cases before and after the landmark Obergefell v. Hodges ruling. In this way, the author seeks to analyze how the U.S. recognizes parent-child relationships between same-sex parents and children born through assisted reproduction. This comparison will serve as a basis for evaluating whether Taiwan should reconsider its parent-child relationship framework to better safeguard the rights of same-sex families.
