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Taiwan Family Law for unborn child

Procedures, processes, JFRV, potential documentation difficulties, whether to get married in Taiwan or overseas, as well as legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
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Taiwan Family Law for unborn child

Postby Jennifer007 » 04 Sep 2003, 14:09

Ok, my friend who has allowed me to speak on her 5 weeks pregnant. She is currently in Toronto and is moving to Taiwan to have her child and take up residency there. Her mother and her extended family reside in Taipei. The father of the child has chosen not to take responsability. She wants to make sure that once she has the child that she will have sole custody and that he will not come and use legal action to try and take the child away. As welll, she wants to enforce child support payments on him. What does she need to do in this situation? Does she need him to sign any sort of legal documents ? Would this be under taiwanese law or Canadian law? How would the child support work out?

Her mother is currently in talks with a lawyer in Taiwan..but I just wanted to get your legal advice regarding this matter as well. Thank you.
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
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Postby Hartzell » 04 Sep 2003, 22:00

You haven't told us the nationality of the mother, and her ethnic background. Under Taiwan law, those factors are crucial.

In any event, I strongly suggest that she wait . . . . . give birth to the child in Canada . . . . . . get all the necessary paperwork . . . . . then move to Taiwan.

Many of the Taiwanese lawyers have little experience in these immigration matters . . . . some have been known to say that "since the child was born in Taiwan, it is entitled to Taiwan citizenship . . . . ", but that is not automatically true.

Consider this: If the mother is holding a Canadian passport, and gives birth to the child in Taiwan, then TECHNICALLY SPEAKING, the child should apply for an ARC within 15 days.

Practically speaking however, the POLICE DEPARTMENT will tell you that they cannot issue an ARC without the applicant possessing a valid passport . . . . . .

Do you think that this mother will be able to coordinate through the Canadian Trade Office within 15 days (after birth) to get the child's Canadian passport???? What if some additional documentation is needed from the father???? I see the potential for tremendous problems . . . . . .

. . . . . and then at some point if you get matters sorted out with the Canadian Trade Office, the baby at that point has OVERSTAYED and is subject to BLACKLISTING . . . . . after mandatory deportation!!

What a mess!!!
Richard W. Hartzell
contact me by email at
Neihu District, Taipei (114)
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