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nges upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 history 2 references toggle references subsection 2 1 bibliography 3 external links toggle the table of contents abortion in taiwan add languages add links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia abortion in taiwan is generally accessible through the 24th week of pregnancy under various circumstances and legally available afterwards when deemed medically necessary it was legalized by the genetic health act chinese 優生保健法 enacted in 1985 and last amended in 2009 which makes abortion accessible for unmarried adult women as well as married women whose husbands are legally considered incapable or have genetic conditions in their family while married women with a legally competent spouse and minors adult women placed under a custodianship need to obtain consent from their spouse and guardian respectively history edit the siraya people were observed to practice mandatory abortion by dutch colonizers which modern scholars have found to be part of a taboo that a women s pregnancy would adversely impact her husbands performance in war this reflected a broader pattern of gendered separation until the man became recognized as an elder at the age of forty after which it was societally permissible for his wife often younger by a number of years to carry a pregnancy to term continued influence from dutch missionaries led to the siraya ending this practice and allowing newlyweds to live with each other 1 abortion was common in premodern taiwan as well as china before being made illegal when the qing dynasty adopted a western legal code in its later period abortion continued to be outlawed during the japanese colonization which placed taiwan under japanese criminal law and the early republic of china period 2 under the penal code of taiwan abortion was illegal including in response to rape 3 however abortion was relatively common and easy to obtain in taiwan during this period with a 1969 study finding that 10 20 of respondents had the procedure 4 the new feminism movement headed by annette lu saw the criminalization of abortion as a core mechanism along with patronymy of patriarchal control over women s reproductive rights to avoid persecution under the martial law era activists argued that legalizing abortion would serve the government s population control policies at times brushing off ethical quandaries about the government s support for eugenics and portraying lower class women as ignorant in their reproductive decisions 5 while the genetic health act was drafted in 1971 its passage was stalled for thirteen years due to ethics concerns until 1984 when the chiang ching kuo government prioritized family planning and eugenicist measures in response to increasing fears of overpopulation 6 additionally activists changed their campaigning in the 1980s to reflect positions of abortion as an issue of reproductive health and privacy shifting political discourse around abortion to that of women s rights and in 1984 petitioned the legislative yuan and the public twice with more conservative arguments to legalize abortion which were the first feminist lobbying sessions in taiwan 7 following its passage the act took effect in 1985 8 under the law abortion is available under six conditions 9 acquisition of a genetic infectious or psychiatric disease detrimental to reproductive health by the parents acquisition of a genetic disease within four degrees of relational separation from either parent the pregnancy threatens the bearer s life or adversely impacts their mental psychical health potential medical risk for teratogenesis development of congenital abnormalities for pregnancies that resulted from rape sexual intercourse of false premises or with a person who cannot legally be married to the bearer likely effect on mental health or family life the law in general has been seen as an indirect legalization of abortion on request due to the vague nature of its prose 10 the last condition has become the most common way to seek an abortion in taiwan due to its ease of invocation 11 with some anti abortion activists citing it as an obstacle to tightening restrictions on the procedure 12 the law s focus on eugenics seen by the direct translation of the chinese name being the eugenic health law has continued to be criticized by feminists as discriminatory and lacking commitment to women s reproductive rights as abortion is still technically criminalized by the penal code despite being legally accessible and there are restrictions placed on married women and minors who require spousal and parental consent in most cases 13 as of august 2026 update taiwan is one of ten countries that requires spousal consent for abortion 14 the legislation was amended in 2009 with a provision that would have introduced mandatory counseling and a six day waiting period being rejected amid pushback from women s rights activists 15 religious groups attempted to reintroduce the stipulation in 2019 but failed to get enough support to put the issue on the ballot 16 in 2023 after continuing efforts from feminist organizations an amendment abolishing the spousal consent requirement modifying the minor consent process to be in line with the convention on the elimination of all forms of discrimination against women and renaming the legislation to the fertility health law chinese 生育保健法 was drafted but is yet to be finalized by the executive yuan 17 18 unlike other countries there is not a major debate over abortion in taiwan anti abortion movements were largely nonexistent before 2002 and rose in the mid 2000s to support the proposal of mandatory counseling and waiting 19 however stigma over underage pregnancy and issues with accessing abortion for minors has stimulated a belief in fetus ghosts considered a version of the japanese concept of mizuko kuyō that gained popularity in taiwan as a reaction the broadened availability of abortion thus some teenagers have conducted buddhist and taoist post abortion rituals to bless the fetus after the abortion to reduce the parent s guilt and karma sparking varied responses from the religious establishment for the practice 20 references edit adelaar 2011 pp 12 13 lin 2016 p 156 rei 2023 p 305 lin 2009 p 213 moskowitz 2001 p 20 chen 2016 pp 183 184 lin 2009 pp 213 214 chen 2016 pp 185 186 lin 2016 p 157 yang 2023 pp 133 134 lin 2016 pp 156 157 yang 2023 p 133 lin 2009 p 216 yang 2023 p 134 ye he lee michelle mio inuma julia 14 june 2022 in japan abortion is legal but most women need their husband s consent the washington post retrieved 22 october 2024 lin 2009 pp 216 217 rei 2023 p 306 chiang stephanie 4 november 2021 taiwan amendment would give married women autonomy on abortion decision taiwan news retrieved 7 august 2023 優生保健法修法延宕 女性生育自主權有得等 團體籲新內閣速提政院版 yahoo news 30 january 2023 retrieved 7 august 2023 ho 2014 p 99 lee et al 2014 p 2 6 lin 2016 p 158 bibliography edit adelaar alexander 23 december 2011 siraya retrieving the phonology grammar and lexicon of a dormant formosan language walter de gruyter isbn 978 3 11 025296 5 chen chao ju 2016 compulsory motherhood challenged and remade in the name of choice framing the right to choose under old and new maternalism in lo chang fa li nigel n t lin tsai yu eds legal thoughts between the east and the west in the multilevel legal order economics law and institutions in asia pacific singapore springer singapore pp 177 197 doi 10 1007 978 981 10 1995 1_12 isbn 978 981 10 1994 4 ho ming sho 17 july 2014 the resurgence of social movements under the ma ying jeou government a political opportunity structure perspective in cabestan jean pierre delisle jacques eds political changes in taiwan under ma ying jeou partisan conflict policy choices external constraints and security challenges routledge isbn 978 1 317 75508 1 lee tsorng yeh chou cheng chen chen chin mi weng min hsueh liu yin chun 1 july 2014 the lived experience of teen girls abortion in taiwan sage open 4 3 215824401454378 doi 10 1177 2158244014543788 issn 2158 2440 lin chih chieh 1 january 2009 regulating pregnancy in taiwan an analysis from an asian legal feminist using feminist legal theories university of baltimore law forum 39 2 lin grace cheng ying 2016 a regime where the woman s voice is heard guanluoyin as a form of abortion ritual in contemporary taiwan in ijichi noriko kato atsufumi sakurada ryoko eds rethinking representations of asian women new york palgrave macmillan us pp 155 171 doi 10 1057 9781137525284_10 isbn 978 1 349 57133 8 moskowitz marc l 1 may 2001 the haunting fetus abortion sexuality and the spirit world in taiwan university of hawaii press isbn 978 0 8248 2428 0 rei wenmay 2 june 2023 one culture two legal regimes abortion in china and taiwan zeitschrift für medizinische ethik 69 2 301 307 doi 10 30965 29498570 20230025 issn 2949 8570 yang chia ling 2023 competition and change in the discourse on abortion in taiwan in selberg rebecca kolankiewicz marta mulinari diana eds struggles for reproductive justice in the era of anti genderism and religious fundamentalism cham springer international publishing pp 133 154 doi 10 1007 978 3 031 31260 1_6 isbn 978 3 031 31260 1 external links edit official online copy of the genetic health act english translation chinese original lin grace cheng ying 12 september 2019 the evolving personhood of the fetus abortion ritual in taiwan within the transnational flow taiwan insight university of nottingham retrieved 7 august 2023 wu yan chiou 吳燕秋 december 2009 拿掉 與 毋生 m sinn 戰後台灣婦女墮胎史 1945 1984 phd thesis in chinese taiwan national tsing hua university institute of history v t e abortion in asia sovereign states afghanistan armenia azerbaijan bahrain bangladesh bhutan brunei cambodia china cyprus egypt georgia india indonesia iran iraq israel japan jordan kazakhstan north korea south korea kuwait kyrgyzstan laos lebanon malaysia maldives mongolia myanmar nepal oman pakistan palestine philippines qatar russia saudi arabia singapore sri lanka syria tajikistan thailand timor leste east timor turkey turkmenistan united arab emirates uzbekistan vietnam yemen states with limited recognition abkhazia northern cyprus south ossetia taiwan dependencies and other territories british indian ocean territory christmas island cocos keeling islands hong kong macau category asia portal v t e abortion main topics definitions history methods abortion debate philosophical aspects abortion law movements abortion rights movements anti abortion movements issues abortion and mental health beginning of human personhood beginning of pregnancy controversy abortion breast cancer hypothesis anti abortion violence abortion under communism birth control crisis pregnancy center ethical aspects of abortion eugenics forced abortion genetics and abortion late term abortion legal protection of access legalized abortion and crime effect libertarian perspectives on abortion limit of viability live births following abortion attempts malthusianism men s rights minors and abortion misinformation related to abortion natalism one child policy paternal rights and abortion post abortion care prenatal development prenatal rights reproductive rights self induced abortion sex selective abortion sidewalk counseling societal attitudes towards abortion socialism termination for medical reasons toxic abortion unsafe abortion women s rights by country africa algeria angola benin botswana burkina faso burundi cameroon cape verde central african republic chad democratic republic of the congo republic of the congo egypt equatorial guinea eritrea eswatini ethiopia gabon the gambia ghana guinea ivory coast kenya lesotho liberia libya madagascar malawi mali mauritius morocco mozambique namibia niger nigeria rwanda senegal seychelles sierra leone somalia south africa south sudan sudan tanzania togo tunisia uganda zambia zimbabwe asia afghanistan armenia azerbaijan bahrain bangladesh bhutan brunei cambodia china hong kong cyprus georgia india iran israel japan kazakhstan north korea south korea laos lebanon malaysia nepal northern cyprus philippines qatar saudi arabia singapore taiwan timor leste turkey united arab emirates vietnam yemen europe albania andorra austria belarus belgium bosnia and herzegovina bulgaria croatia czech republic denmark estonia finland france germany greece hungary iceland ireland italy kazakhstan latvia liechtenstein lithuania luxembourg malta moldova monaco montenegro netherlands north macedonia norway poland portugal romania russia san marino serbia slovakia slovenia spain sweden switzerland ukraine united kingdom north america bahamas belize canada costa rica cuba dominican republic el salvador guatemala honduras mexico nicaragua panama trinidad and tobago united states oceania australia micronesia fiji kiribati marshall islands new zealand papua new guinea samoa solomon islands tonga tuvalu vanuatu south america argentina bolivia brazil chile colombia ecuador guyana paraguay peru suriname uruguay venezuela law case law constitutional law history of abortion law laws by country buffer zones conscientious objection fetal protection six week bans informed consent late term restrictions parental involvement spousal consent methods vacuum aspiration dilation and evacuation dilation and curettage intact d x hysterotomy instillation menstrual extraction medical abortion abortifacient drugs methotrexate mifepristone misoprostol oxytocin self induced abortion unsafe abortion religion buddhism christianity catholicism hinduism islam judaism scientology category retrieved from https en wikipedia org w index php title abortion_in_taiwan oldid 1368675578 categories abortion by country law of taiwan abortion in asia hidden categories articles with short description short description with empty wikidata description use dmy dates from august 2023 articles containing chinese language text articles containing potentially dated statements from august 2026 all articles containing potentially dated statements cs1 chinese taiwan language sources zh tw this page was last edited on 10 august 2026 at 12 46 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts 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