A legislator decried the use of foreign brides as cheap surrogate mothers yesterday after highlighting the case of a married man who used another man's identity to marry a Cambodian woman so that she could bear his children.
The man, surnamed Chan, decided to find a foreign bride to bear his children as he and his wife had been unable to conceive.
As he was unable to use his own name, Chan registered with a marriage agency using the identity of a man surnamed Yao and went through the marriage formalities in December 2003.
After arriving in Taiwan, his Cambodian wife, surnamed Chung, was forced to live with Chan and bore him twin girls. But after giving birth, Chung's visa expired and she was unable to renew it, since her registered husband, surnamed Yao, had been killed in a fishing accident. In line with regulations, Chung was deported and the twin daughters were adopted by Chan and his family.
Chung's brother-in-law, a Taiwanese who married Chung's sister, said that according to the Law of Nationality (國籍法), the daughters should be in the custody of Chung, since her registered husband is deceased and that the children should have been deported along with her.
However, he said, nobody in the family knew what had happened in a behind-closed-doors meeting between Chan and the foreign affairs police that in the end allowed Chan to "adopt" the children.
In their desperation the family turned to Chinese Nationalist Party (KMT) Legislator Tsai Chin-lung (
Tsai yesterday held a press conference to highlight the issue and said that it was a violation of human rights to use foreign brides as surrogate mothers, taking advantage of the fact that they could not speak Mandarin to report their unfair treatment.
Tsai said that the government even paid for Chung's plane ticket back to Cambodia, aiding Chan in getting rid of her.
Tsai Chia-huang (蔡家煌), a foreign affairs policeman, said that current regulations do not protect the rights of foreign brides, because without a national identification card they are not permitted to stay in the country once their visa is no longer valid or has expired.
Local foreign affairs police use different standards when granting visa renewals, but the government is working on unifying the system with respect for human rights as the foundation, he said.
Officials from the Department of Population under the Ministry of the Interior who were present at the press conference said that if the marriage between Chung and Yao was legally registered, her children would be of Taiwanese nationality.
But ministry officials could not comment on whether Chung would be allowed to return to her children or whether she was actually entitled to custody of them. The case would have to be looked into, they said.
According to ministry figures, there were approximately 365,000 foreign spouses in the country last year.
Any foreign brides wishing to report cases of injustice can call a special Legislative Yuan hotline at (02) 2358-6122.
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