We posted an article about the nationality of newborn mixed-blood babies in China before(Relate article: How To Apply China Visa For Newborn Baby?) , yet some readers are still confused about certain details.
We posted an article about the nationality of newborn mixed-blood babies in China before(Relate article: How To Apply China Visa For Newborn Baby?) , yet some readers are still confused about certain details.
Here we compile further information which can hopefully help answer questions surrounding the legality of nationality for babies born in China to Chinese-foreign couples.
The issues we look at include,
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What citizenship that a Chinese-foreign baby born in China can get?
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Advantages and reminders of each choice.
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Our suggestions.
After giving birth to a baby in a hospital, normally you are required to fill a form to choose the nationality to your baby, which is the Birth Certificate. At that moment, you need to choose the nationality of the baby.
Choosing A Foreign Nationality
1. What to do
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Fill in the Birth Certificate issued by the hospital accordingly, especially the name and nationality.
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Then, it is important to check with your nearest consulate about the procedure of acquiring a passport.
The birth certificate is a pre-requisite for a child to obtain a foreign passport.
In normal circumstances, the notarization and/or translation of a birth certificate is required from an official of the nationality being applied for. If you decide to move to the country of your/your child’s nationality, then it is sometimes possible to change the birth certificate, though notarization of the certificate will likely be required from a Chinese official.
2. Education
School
As policies in China regarding citizenship are prone to ‘variety’ and ‘flexible’, especially between cities. In Beijing, Shanghai and certain second tier cities for example, foreign children are allowed to enter public schools as well as international schools.
University
For university access, foreign children are not restricted in their applications, and the pre-requisite is often simply a foreign passport and the HSK (a basic test of Chinese language level). It can, in fact, be easier to enter university in China as a foreigner, as the entrance exam for Chinese citizens is notoriously difficult.
3. Medical Insurance
In regards to medical insurance, children without a hukou are not permitted to the Medical Insurance for Urban Residents. However this insurance is not particularly comprehensive, and so private insurance is often a more prudent choice.
4. Attention
China does NOT recognize dual or multiple citizenship, which means if you choose Chinese nationality, you must give up foreign nationality, or you choose a foreign nationality, you must give up Chinese nationality.
Though it would not be recognized in China, some foreign governments allow their citizens to hold Chinese combined dual nationalities.
America is one example. A child with solely US citizenship can renounce their original nationality, in front of Chinese government officials, in favor of becoming Chinese, thus granting them full citizenship in China. However, as the American government does not recognize this as an official renunciation, They will still be American citizens in accordance with American law. Therefore they will, according to the US government have dual nationality, though this would not be recognized by the Chinese government.
The child must be over 18 to officially renounce their American nationality; if the parents assist in relinquishing it before that age then the child can revert the decision when they become 18.
For this issue, we suggest you check with the consulate of your country in China, figure out about how to get the biggest benefits for your child!
Choosing Chinese Nationality
1. What to do
If a child is born in China to a Chinese-foreign couple, the child can apply for Chinese nationality.
According to the Nationality Law, a person can acquire a Chinese nationality by birth in China if he or she meets the following requirement:
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At least one of his or her parents has Chinese nationality (Article 4).
After you get the child’s Birth Certificate, the Chinese parent needs to go to the local Neighborhood Committee to apply for the HUKOU for your baby, and three documents are required,
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Child’s Birth Certificate
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HUKOU of the Chinese parent
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Marriage Certificate
These three documents are necessary, as Chinese regulations vary from city to city, we suggest you consult the local Neighborhood Committee.
2. Benefits
Benefits are the same as for a child born to a regular Chinese couple. Chinese citizenship grants the individual access to a Registered Permanent Residence Permit, or HUKOU.
HUKOU is very important for Chinese. It is official residential registration. A hukou can bring with it a number of benefits in certain cities, such as
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Better job opportunities
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Purchase a property in China.
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Admission to public schools
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Medical insurance
3. Attention
To obtain a hukou the child must simply have an official Birth Certificate, though it is important to note the child’s name must be in Chinese. If a child that is given foreign citizenship at birth wishes to apply for Chinese citizenship, then the registration information, including their name, must be in Chinese.
Though it must be stressed that it is only a guide, as policies towards nationality vary greatly between cities and countries.
