Written by JhuCin Rita Jhang. There are major legal rights not covered by the Act for Implementation of J. Y. Interpretation No. 748. First, it does not allow same-sex couples to co-adopt a child unrelated to either parent by blood. Once a same-sex couple gets married, they lose the right to adopt whatsoever, and they would have to obtain a divorce to be able to adopt as a single person. Even if someone adopts first as a single and then gets married to a same-sex person, the spouse still cannot cross-adopt this child. This bizarre and counterintuitive legal conundrum sends many same-sex couples wishing to co-adopt on a long, winding legal fight. Even though one married same-sex couple had won the lawsuit and became the first-ever same-sex couple to co-adopt a genetically unrelated child in January 2022, this was ruled on a case-by-case basis.
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