Q&A/Why is Taiwan's Legislature suddenly talking about cousin marriage?

Taipei, Nov. 25 (CNA) Taiwan's Legislative Research Bureau recently issued a report analyzing the possible relaxation of kinship marriage laws, following the high-profile case of a couple in Kaohsiung whose marriage was retroactively dissolved.

In this explainer, CNA examines the origins of the recent debate, Taiwan's current kinship marriage laws and the possible changes being floated, as well as statements on the issue by Taiwanese politicians.

What started this debate?

The discussion stems from a case in Kaohsiung, in which a couple who married in 2018 recently discovered, upon reviewing household registration records, that their grandmothers were sisters.

The discovery meant that the couple were second cousins, and thus in violation of Taiwan's Civil Code, which prohibits marriage between people in the sixth degree of kinship or closer.

Their marriage was later officially dissolved by a court.

What are degrees of kinship, and what is allowed under Taiwanese law?

Degrees of kinship refer to the closeness of a relationship between two people who are related by blood.

For example, one's spouse, parents and children are considered to be first-degree kin, while grandparents/children and siblings are in the second degree, and great-grandparents/children, aunts and uncles, nieces and nephews are in the third degree.

Taiwan's current laws prohibit marriage between collateral blood relatives within the sixth degree of kinship, such as people who share the same great-grandparents (or whose grandparents were siblings). These are also known as second cousins.

In a recent analysis, the Legislative Research Bureau examined the feasibility of relaxing the laws to prohibit marriage only within the fourth degree of kinship, such as first cousins.

To date, no bills have been proposed to amend the law.

What are the arguments in favor of such a change?

In its report, the research bureau said Taiwan's law prohibiting marriage within the sixth degree of kinship was set in 1998 to prevent the negative biological consequences of inbreeding.

In recent years, however, some countries have relaxed kinship marriage laws on personal freedom grounds. Japan and Germany allow marriage even between first cousins, the report noted.

The research bureau pointed out that extended families are less close than in the past, and that many people do not even know their second cousins.

Under current laws, marriage between partners in the sixth degree of kinship is allowed for same-sex couples (due to the lack of biological risk for their children), but is prohibited for opposite-sex couples, raising concerns about differential treatment, the report said.

Moreover, due to the advances in modern prenatal screening, the issue of biological risks for the children of such unions may now be insufficient to justify the ban, the report said.

What are the arguments against loosening kinship marriage laws?

Medical experts interviewed on the topic have warned that such changes could run afoul of medical ethics and result in higher rates of birth defects and genetic conditions, thus driving up healthcare costs.

According to a United Daily News (UDN) report, Chang Chia-ming (張家銘), a physician in the department of obstetrics and gynecology at Taipei Veterans General Hospital, explained that many countries that allow marriage within the fourth degree of kinship (first cousins) also offer pre-marriage educational classes and additional prenatal screening.

Without such supporting measures, there would be an inevitable rise in preventable genetic diseases, Chang said, citing autosomal recessive disorders as an example.

What have Taiwanese politicians said on the issue?

In a separate UDN report, Legislator Cheng Chia-pin (鍾佳濱) of the ruling Democratic Progressive Party warned against drawing broader conclusions from a single court ruling.

Any changes to the Civil Code should be made with great caution, Cheng said, adding that he would like to see the Ministry of Justice or Judicial Yuan weigh in on the issue.

Meanwhile, lawmaker Wu Tseng-hsien (吳宗憲) of the main opposition Kuomintang, which holds the most seats in the Legislature, said conditions in Taiwan had changed since the law was amended in 1998.

Given recent medical advances, "I think we can consider whether we can use biotechnology to relax [the law] appropriately," Wu said.

Legislator Lin Kuo-cheng (林國成) of the Taiwan People's Party largely echoed Wu, saying such prohibitions had been warranted when Taiwan was a closed society with large extended families living in close proximity.

The social conditions in Taiwan's modern industrial society are "totally different," Lin said, adding that if the law is not changed, couples may simply decide to have children without getting married, UDN reported.