In the past, administrative and judicial practices only allow one
party in same-sex spousal relationships to adopt the genetic child of
the other party according to Article 20 of the Act for the
Implementation of Judicial Yuan Interpretation No. 748 (the "Act"),
which stipulated that adoption was only permissible when one party
adopted the biological children of the other spouse. However, a civil
ruling by the Kaohsiung Juvenile and Family Court has surpassed the
limitations of Article 20 of the Act and stated that one party may adopt
the other party’s adopted child. In the context of adoption by same-
sex spouses, this is a significant focal point of political, social, gender,
and cultural controversy in Taiwan. When interpreting laws, judges
should be mindful of the purpose and the intent of the legislators.
Otherwise, there will be a concern of overstepping legislative
authority and neglecting the constrains of the legal interpretation
doctrines. This article aims to draw attention to the importance of
considering, with legitimate objectives, the constitutional
requirements for judges to faithfully adhere to the rule of aw and legal
methodology.