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Since unveiling of the Judicial Yuan Interpret No. 748, it has been affirmed that two persons of the same sex may form a permanent union of intimate and exclusive nature for the purpose of living a common life and exclusivity relationship. However, before the legislation, civil disputes have been raised, arguing whether it violates the formality matrimonial regime or not. In 107 years of the Republic of China, after the referendum of 10th case and the 12th case has been negated, also in 108 years of the Republic of China when Legislative Yuan enacted the Judicial Yuan Interpret No. 748 which define the definition of two persons of the same sex may form a permanent union of intimate and exclusive nature for the purpose of living a common life and exclusivity relationship and this Act.is referred the relationship as the second article. Therefore, this article believes that the same-sex couples combine the relation should in fact as marriage and should be subject to the rights to the right of child support by unveiling of the Judicial Yuan Interpretation No. 365 and No. 554. However, the Act for Implementation of J.Y. Interpretation No. 748 Interpretation and Implementation Law enacted in 108 years of the Republic of China only regulates the adoption of step-parents, which obviously has the risk of insufficient protection. It is necessary to re-examine the system design for children in our country and grant the same-sex marriage to children. protection. Traditionally, the system of legitimate children is limited to the true blood relationship, but this article consider that children born in same-sex marriage should also be applicable to this system, and refer to Article 23 to Article 25 of The Artificial Reproduction Act regulation for the application, which in order to ensure the child have the rights of parents and also the same-sex marriage partners have the rights to have child. For the adoption process, the court should not use the sexual orientation of same-sex couples as the judgment standard within the discretion of the best interest of the child judgment. Hence, the court should give the rights to the adoptees to express himself, when the court judges the adoptees who can expressed his will, the court should be restrained by the will of the adoptee. In this case, if the child agrees to be adopted by a same-sex marriage partner, the court should no longer use same-sex marriage as a reason for refusing in principle. In this way, it could protect the decision that made by the court also meets the best interests of the children. Therefore, it can also enable same-sex married couples to have child parenting rights.
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