Navigating Citizenship, Parentage, and Child Protection in Surrogacy: Insights from Taiwan and the United States

Navigating the complex terrain of surrogacy between Taiwan and the United States demands adherence to a framework of international standards that prioritize citizenship rights, parentage recognition, and the overall protection of children born via surrogacy arrangements. While U.S. states vary in their legal approaches, federal guidelines emphasize that the child’s best interests and clear parentage determination should guide judicial decisions. Taiwan, meanwhile, faces evolving legislative debates focused on harmonizing family law with international human rights norms. Key international instruments such as the United Nations Convention on the Rights of the Child (UNCRC) exert a growing influence on both countries, reinforcing that citizenship must be secured promptly to prevent statelessness and legal uncertainties during the child’s formative years.

Critical to these developments are shared principles that both Taiwan and U.S. lawmakers increasingly recognize. Among them:

• Clear parentage assignment: Ensuring that intended parents are legally recognized to avoid custody disputes.
• Protecting the child’s identity and nationality: To safeguard against statelessness and uphold the child’s civil rights.
• Ethical regulation of surrogate agreements: Balancing commercial interests without compromising the welfare of surrogate mothers and children.

Together, these principles form the bedrock upon which cross-border surrogacy arrangements develop, underscoring the urgent need for bilateral cooperation and legal clarity. Below is a simplified comparison table highlighting how Taiwan and the United States address key surrogacy issues in the context of these international standards:

Cross-border surrogacy introduces intricate legal challenges primarily concerning the recognition of parentage and the consequent citizenship status of children born through such arrangements. In scenarios involving Taiwan and the United States, conflicting national laws often leave intended parents grappling with uncertainties that affect their parental rights. While U.S. jurisdictions generally prioritize genetic and intended parenthood in establishing legal parentage, Taiwan’s more conservative approach can delay or complicate official recognition. These discrepancies create a precarious legal environment for families who must navigate dual legal systems that may lack clear protocols for surrogacy-born children.

Key issues surface around the child’s nationality – especially since both countries implement their citizenship standards differently. For example:

• United States: Primarily follows jus soli, granting citizenship if the child is born on U.S. soil, but surrogacy contracts vary by state.
• Taiwan: Citizenship is mainly jus sanguinis-based, emphasizing parental nationality rather than birthplace.
• International Law: Currently offers limited cohesive guidance, often leaving cases to bilateral agreements and domestic interpretations.