Advocacy groups and academics focused on children’s rights at the second public hearing about amending the Assisted Reproduction Act (人工生殖法) on Thursday, amid heated debate over surrogacy, assisted reproductive services and expanding the law to include single women and lesbian couples.
Li Shing (李欣), a Taiwan LGBT Rights Advocacy representative, said many people presume children’s rights conflict with women’s reproductive autonomy.
However, the assessment of children’s rights should not be directly linked to the number of family members, their gender or sexual orientation, Li said, adding that Taiwan’s laws regarding who qualifies as a parent and who could become a parent should adopt a more inclusive definition.
Photo: Tu Chien-jung, Taipei Times
“When people insist on a specific family structure as being best for children, we harm unborn children by fostering a discriminatory society,” she said.
Awakening Foundation director of research and development Chen Cheng-lung (陳政隆) said the law should ensure children in different families receive the best care, instead of limiting the right of people to become parents.
He added that informing children of their background is also crucial, as it helps mitigate potential doubts and harm.
National Yang Ming Chiao Tung University Master of Public Health Program professor Rei Wen-may (雷文玫) said that children born through assisted reproduction should be informed of their genetic lineage to help them understand and assess their health better.
She said the legislative amendment should focus more on the rights of children born through assisted reproduction.
At the hearing, participants also emphasized the importance of addressing the reproductive rights of single women and lesbian couples separately from surrogacy issues, as stated in the first public hearing.
Democratic Progressive Party Legislator Hung Sun-han (洪申翰) said that as society focuses more on women’s reproductive autonomy, it is important to amend laws to allow single women and lesbian couples to access assisted reproductive services.
Hung added that he hopes a special law is drafted to address the issue of surrogacy, which is illegal in Taiwan, as it is a significantly larger and more complex issue than simply expanding the law to include more people.
Also at the hearing, surrogacy issues drew attention and divided opinion.
A Taiwanese woman identified only as Lily said she worked as a surrogate mother in the US last year when she was 30 years old.
Lily said that after having two children with her American husband, she wanted to help others by “lending” her uterus because she experienced no problems during her previous two pregnancies.
“During my time as a surrogate mother, I never felt exploited or objectified,” Lily said. “I am also a mother of two, and I am glad to have the chance to help others fulfill their dream of having a child.”
Chinese Nationalist Party (KMT) Legislator Chen Ching-huei (陳菁徽) said that as a gynecologist, she believes that surrogate mothers should not face the stigma of being considered to have low intelligence and low socioeconomic status, resulting in them being easily deceived, uninformed and exploited.
These women choose to become surrogate mothers out of a motivation to assist others in fulfilling their dreams of parenthood, she added.
However, Taiwan Women’s Link secretary-general Chen Su-fang (陳書芳) said that people should understand that surrogacy could be exploitative against women, and that the health risks do not only come with pregnancy, but also involve more complicated emotional issues.
The public hearing, which was slated to last three hours, ended 15 minutes earlier than scheduled.
Deputy Minister of Health and Welfare Chou Jih-haw (周志浩) said that it is uncertain whether there would be another public hearing on proposed ammendments to the Assisted Reproductive Act, adding that the ministry would strive to draft changes in the first half of this year.
When asked whether it is possible that the government could enact a special law for surrogacy services as proposed by Hung, Chou said the ministry is open to all possibilities, but would leave the decision up to lawmakers.
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