Surrogacy Legalization
Addressing Challenges
Taiwan's Birth Rate is the Lowest Worldwide
According to data from the Ministry of the Interior, Taiwan has experienced declining birth rate for nine consecutive years. In 2015, there were still 213,000 newborns, but each subsequent year has seen a continuous decrease. By 2022, this number had plummeted to a mere 138,000. The first half of 2023 recorded just over 66,000 births, and it is anticipated that the total number of births in Taiwan for the entire year may not even reach 130,000.
When compared to neighboring countries’ birth rates, Taiwan not only ranks as the lowest among the "Four Asian Tigers" but also holds the lowest in the region. According to the CIA's estimates for 2023, Taiwan's birth rate is 1.09, which is lower than South Korea's rate of 1.11, Singapore's rate of 1.17, Hong Kong's rate of 1.23, Japan's rate of 1.39, and China's rate of 1.45, making it the lowest in the world.
The causes behind this low birth rate are multifaceted, with factors including economic considerations, cultural influences, and delayed marriages. Data from the Ministry of the Interior reveals that the average age for first marriages among Taiwanese was 30.6 years in 2002. Over the span of a decade, by 2022, this average had risen to 31.7 years. Data from the Health Promotion Administration shows that one in every seven couples in Taiwan is faced with infertility. Furthermore, the rate of infertility patient visits in 2018 increased by 0.83% compared to 2008. Consequently, numerous obstetricians and organizations have been advocating for the "legalization" of surrogacy in Taiwan.
The Rising of Childbearing Age
As delayed marriages and childbearing become increasingly prevalent among Taiwanese, the instances of advanced maternal age in childbirth have also increased.
In medical terms, women aged 34 and above are categorized as "advanced maternal age (AMA). " As maternal age increases, the likelihood of chromosomal abnormalities in fetuses, low birth weight, and other congenital defects also rises. According to medical research statistics, the probability of giving birth to a child with Down syndrome is 1/1250 at the age of 25 and increases to 1/250 at the age of 33.
Data from the Ministry of the Interior's 2021 population statistics reveals that the average age for Taiwanese women giving birth is 32.29 years. Over 31.64% of them aged 35 or older, representing an increase of 1.8 times compared to a decade ago when it was 17.8%. The average age for women giving birth to their first child has also consistently risen from 26.74 years in 2000 to 31.43 years in 2022, underscoring the growing trend of delayed childbirth among Taiwanese.
Comparing the average childbearing age across the nation, Taipei City has the highest at 33.36, followed by New Taipei City (32), Hsinchu City (31.58), Tainan City (31.31), Kaohsiung City (31.21), and Kinmen County (31.16).
With transformations in societal structure and the overall economy and industry, delayed marriage and childbirth have become the norm in Taiwan. In an era of advanced medical technology, the legalization of surrogacy is seen as a means of respecting women's bodily autonomy.
Solutions
According to statistics from the Health Promotion Administration, approximately 80% of Taiwanese citizens support the conditional legalization of surrogacy. However, the bill to legalize surrogacy has been shelved in the Legislative Yuan for 19 years. Despite gaining approval through two citizens' conferences, it has failed to pass legalizing process and has even been returned by the Executive Yuan twice.
Ko Wen-Je has expressed his support for "legalizing surrogacy." Legislation provides protection, alleviates concerns, addresses physical limitations, and safeguards women's bodily autonomy.
1. By respecting women's autonomy and advocating for the legalization of surrogacy, individuals are empowered to make choices regarding whether to have their offspring. This approach eliminates concerns about the commodification of the uterus.
2. Ensuring that the rights and interests of surrogate mothers and biological parents are safeguarded through legislation rather than administrative orders.