What is the age of same-sex marriage? What procedures do you need for same-sex marriage
4hw.com.cn: Recently, gay marriage in Taiwan has finally become legal. Many same-sex couples have married on the first day. Do you know the legal age for same-sex marriage? What procedures do you need for same-sex marriage? Let's have a look.
Taiwan can get married at the age of 18.
In 2017, Chen Meiling, Secretary General of the administrative organ of the Taiwan authorities, said on the 14th that the marriage age of same-sex marriage in Taiwan in the future, whether gay or lesbian, is planned to be engaged at the age of 17 and married at the age of 18. Considering the social ethics concept, same-sex marriage is also compared with heterosexual marriage, and grade 6 marriage is prohibited.
According to Taiwan's "Central News Agency", Taiwan's "chief justice" made an interpretation of Shi Zi No. 748 on May 24, holding that the current law does not guarantee same-sex marriage is "unconstitutional", and asked to amend the law within two years. Chen Meiling, Secretary General of Taiwan's administrative organs, held the second "inter ministerial meeting on the same-sex marriage legal system research project group" on the morning of the 14th to discuss the contents of the marriage chapter compiled by relatives in Taiwan's "civil law".
In terms of the age of same-sex marriage, whether gay or lesbian, it is proposed to set the age of engagement at 17 and marriage at 18. Because Taiwan's "civil law" stipulates that 20 is considered adulthood, minor engagement or marriage should be approved by the legal representative.
Chen Meiling pointed out that because there are different age norms for heterosexual marriage in Taiwan's "civil law", the betrothed men need to be 17 years old and women need to be 15 years old, and the marriage needs to be 18 years old for men and 16 years old for women. It is suggested that heterosexual marriage be revised to the standard of 17 years of engagement and 18 years of marriage regardless of gender.
In terms of the provisions on "marriage prohibition", Chen Meiling explained that the purpose of the restriction on marriage prohibition of heterosexual marriage is to avoid the health problems of the next generation caused by too close blood relationship, as well as the consideration based on the concept of ethics. Although same-sex marriage will not give birth naturally, artificial reproduction is also prohibited at present, and there is no health problem for the next generation, considering the island's concept of traditional ethics, at this stage, same-sex marriage is still the same as heterosexual marriage, and grade 6 marriage is prohibited. For example, the father-in-law of heterosexual marriage is currently prohibited from marrying his daughter-in-law, and the mother-in-law is also prohibited from marrying her daughter-in-law after the legalization of same-sex marriage in the future.
In terms of the elements of marriage form, Chen Meiling said that same-sex marriage and heterosexual marriage also adopt registered marriage, which must meet the three elements of 'written', 'two witnesses' and' marriage registration of household administration organs' before marriage can be established. The marital property system of heterosexual marriage can also be fully applicable to same-sex marriage.
In terms of the substantive elements of marriage, Chen Meiling said that article 995 of Taiwan's "civil law" stipulates that heterosexual marriage can be revoked if one of them is "inhumane". In court practice, 'inhumanity' means that there is no sexual behavior between the opposite sex. Considering that the nature of same-sex marriage is different from that of opposite sex marriage, this provision may not apply to same-sex marriage.
What procedures do you need for same-sex marriage
There are relevant provisions in the law. Men and women who meet the following conditions can get married and go through the registration formalities:
1. Marriage must be completely voluntary by both men and women, and neither party shall force the other party or interfere with any third party;
2. The age of marriage shall not be earlier than 22 for men and 20 for women;
3. There are no circumstances prohibiting marriage: lineal blood relatives and collateral blood relatives within three generations; Suffering from a disease that is medically considered not to be married;
4. Both men and women who meet the conditions shall go to the marriage registration authority for marriage registration in person and obtain a marriage certificate. If the marriage registration has not been handled, the marriage registration shall be made up.
If the above conditions are met, both parties can go through the marriage registration formalities together, and bring the following materials when they go: the household register and ID card of both parties; A signed statement that he has no spouse and has no direct blood relationship with the other party or collateral blood relationship within three generations.