Our Vision

Adolescent girls’ right to reproductive self-determination has not yet been fully protected. Article 9, paragraph 2 of the Genetic Health Act stipulates that the consent of a legal representative is required to perform an abortion, regardless of whether the pregnancy was sexually abused or whether the continuation of the pregnancy would affect the adolescent’s physical or mental health. From our own experiences, The Garden of Hope has also found that, due to numerous factors (such as experiencing domestic abuse, parents with unknown whereabouts), the girls we help often have trouble gaining the consent of a legal representative. As a result, some adolescent girls sought out secret doctors to carry out their abortion, or been forced to give birth to the child. It is clear that these adolescents are seriously lacking the protection they need, to such an extent that countless, irreversible tragedies have been caused.

Legal and Policy Advocacy

1.We welcome the Taiwan Ministry of Health and Welfare’s stance that spousal consent for married women seeking an abortion should be abolished. We suggest that the Ministry draft the bill as soon as possible.

We suggest that the Health Promotion Administration of the Ministry of Health and Welfare submits a draft amendment to the Genetic Health Act (soon to be renamed as the Reproductive Health Act) to the Executive Yuan as soon as possible so as to expedite the completion of the legislative process.

2.The government should immediately establish laws to provide a comprehensive mechanism for third-party assistance in minors’ abortion.

In the past, The Garden of Hope has proposed that an adult such as a social worker or a third-degree relative should be able to have the right to consent to an adolescent’s abortion in place of a legal representative. However, the Ministry of Health and Welfare considered this request to be inconsistent with the law, and advocated for a “third-party assistance mechanism” to avoid disputes.

On the matter of a third party assisting mechanism for pregnant adolescent girls, the Health Promotion Administration of the Ministry of Health and Welfare is currently considering having a judicial body act as a third party. The Garden of Hope believes that policies should prioritize the bodily autonomy of the adolescent, that the mechanism of third-party assistance should meaningfully help the adolescent, whereas policies by the Health Promotion Administration are based on custody disputes and afford only limited consideration to the bodily autonomy of the adolescent.

The decision and implementation of an abortion is an urgent matter. If there is a judicial body making judgements on custody rights, the critical time for the abortion may be missed. The Garden of Hope Foundation hopes that the mechanism of third-party assistance will fully protect the adolescent’s bodily autonomy, respect her will and protect her rights.