WE LIVE IN USA
Registering a cross-border same-sex marriage in Taiwan: foreign nationals yes, Hong Kong and Macau yes, mainland China not yet
Same-sex marriage is legal nationwide in the US and federally recognized, with immigration rights identical to those of an opposite-sex marriage. But if one spouse is Taiwanese and wants to register back in Taiwan, there are three situations with different outcomes.
Within the US
Legal in every state and federally recognized. For immigration, this means the green card application process and review standards for same-sex spouses are identical to those for opposite-sex spouses: I-130, I-485, and the interview are all the same (see items 20, 21, and 22 of the checklist).
Taiwan: three situations
Per the responsible agency's interpretive letter of March 2023:
1. Foreign national spouse: registration is possible
Even if the other country doesn't recognize same-sex marriage, Article 8 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements applies as an exception, so that country's national law no longer governs. The relationship can be recognized under Article 2 of the Act for Implementation of J.Y. Interpretation No. 748 and registered under Article 4.
This is the key breakthrough: before it, if a foreign spouse's home country didn't recognize same-sex marriage, registration in Taiwan was impossible. That's no longer constrained by the other country's law.
2. Hong Kong and Macau spouses: yes, by the same route
Under the first part of Article 38 of the Act Governing Relations with Hong Kong and Macau, the choice-of-law act is applied by analogy, handled the same way as for a foreign national spouse.
3. Mainland Chinese spouses: not yet applicable
Because it involves the overall administrative framework of entry grounds, interview mechanisms and registration procedures, these cases are still handled under the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and the above provisions don't yet apply.
For this category, confirm the current position case by case.
Full text of the interpretation: Questions on the application of the choice-of-law act to cross-border same-sex marriage
Honeymoons and travel need separate research
This is the point that most needs stating in practice: your marriage being valid in the US doesn't mean it's recognized at your destination.
Some countries don't recognize same-sex marriage, and a few present legal risk. That affects:
- Whether a hotel will put you in one room
- Whether you can make medical decisions as a spouse in an emergency
- Entry and residence rules in certain countries
- Personal safety in extreme cases
Check the destination's laws before you go . This isn't excessive caution. The State Department's country information pages carry relevant advisories.
Practical advice on documents
Cross-border same-sex couples in particular should assemble these and carry copies:
- A certified marriage certificate (see item 10 of the checklist)
- A healthcare proxy and HIPAA authorization (see item 58 of the checklist): in a place that doesn't recognize your marriage, this document is more useful than the sentence "I'm their spouse."
The documents in item 58 of the checklist matter for every couple, but for anyone who may encounter non-recognition they matter one level more.
In one line
In Taiwan: foreign, Hong Kong and Macau spouses can register, mainland Chinese spouses not yet; when travelling: check recognition at the destination yourself, and carry the healthcare authorization documents.