We are always excited about a new-born coming. but after the birth of a baby, problems related to his/her nationality always make parents confused, especially for those without Chinese nationality. A child born in the US can be an American citizen automatically. Is it the same for a baby born in China?
NO! The United States adopts the nationality determination of the birthplace principle, that is, as long as a person is born in the United States, he or she can automatically acquire American nationality and become a American citizen. But in China, whether a newborn can acquire Chinese nationality is not determined by the place of birth but depends on the nationality of his parents.
Will foreign babies born in China acquire Chinese nationality? Depends.
01 Both parents are foreign nationals.
If both parents are in foreign nationality, even if the baby was born in China, he/she cannot acquire Chinese nationality and become Chinese citizens. The baby should follow the nationality of his/her father or mother.
For foreign newborns in China, their parents should not only apply the birth certificate for them, but also go to the immigration management agency for birth registration within 60 days of their birth.
Exit and Entry Administration Law of the People's Republic of China
Article 40 For foreign babies born in China, the parents of such a baby or their agent shall,within 60 days of the birth of the baby, conduct stay or residence registrationfor the baby with the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the parents stay or reside on the basis of the baby's birth certificate.
Besides, with the receipt of birth registration, the parents or surrogates can apply for a new passport at the embassy or consulate of their country in China, and apply for a visa within 120 days after the birth registration.
If a foreign passport can be abtained within 60 days of birth, you can just skip the registration and get a visa.
// REMINDER
If the baby is not registered for birth within 60 days of birth, or fails to apply for a visa with the baby's passport within 120 days after the birth is registered, it will be deemed to be illegally residing in China.
After obtaining the visa, the newborn can legally stay in China!
02 One parent is a Chinese and the other is a foreign citizen.
If both or one of the parents is a Chinese citizen and the baby is born in China, he or she will have Chinese nationality and become a Chinese citizen.
But China does not recognize dual nationality, so the child cannot have both Chinese nationality and foreign nationality. Before the age of 18, he can choose to become a Chinese national or join in other nationalities.
If he/she wants to leave/enter China before he/she is confirmed to be Chinese and has a Chinese passport, he/she can apply for an Exit Entry Permit of the People's Republic of China.
Documents required
● Valid passport of the applicant
● a recent 2-inch half-length bareheaded color photo of the front
● Birth medical certificate (including attached pages)
● Valid identification certificate of the applicant's parents:
Chinese parent: ID card, household register or valid residence permit
Foreign parent: valid passport
● Marriage certificate of parents
*For those who give birth before marriage, the paternity test report of the child and its parents issued by China's judicial appraisal institution shall be submitted.
03 Parents are stateless persons.
If parents have no nationality or unknown nationality and reside permanently in China, and their child are born in China, the child can obtain Chinese nationality.
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