The People’s Republic of China Nationality Law states that "Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality."
This may mean a child born in China, regardless of his/her parents' nationality both or either of them is Chinese, will automatically acquire Chinese citizenship.
However, it may cause some problems when applying for a Chinese exit visa at some local Public Security Entry and Exit Bureaus because the Chinese government does not recognize the child's foreign citizenship.
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According to the Nationality Law, a person can acquire a Chinese nationality by birth in China if he or she meets one of the following requirements:
At least one of his or her parents has Chinese nationality (Article 4).
Both parents are "settled" in China, who are either stateless, or their nationalities cannot be determined (Article 6).
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Be Careful of The Meaning of "Settled"
The term "settled" is not further defined, and it's unclear whether this term in this particular concept has the same meaning with the same term in other concepts.
Children born of Chinese-foreign marriages in China are considered to be Chinese nationals by the government of the People's Republic of China, as per Article 4 of the Chinese nationality law.
This can create problems when the Chinese-national parent gives birth to, or fathers, a child with a non-Chinese-national parent in Mainland China without the prior approval from the National Population and Family Planning Commission.
In this case, the child is not eligible for Chinese HUKOU, and subsequently cannot qualify for a Chinese passport. Furthermore, the child's foreign citizenship acquired through jus sanguinis is not recognized by Chinese authorities as per Article 3 of Chinese nationality law, so he cannot use the non-Chinese passport to exit the country.
As a result, the child's parents must secure an Exit-Entry Permit from the Chinese government in order for the child to exit and re-enter Mainland China. However, this restriction does not apply when the Chinese parent is a permanent resident of Hong Kong or Macau.
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Hukou is important for the child to go to school in the future! So, make sure to gain a prior approval from the National Population and Family Planning Commission before having a baby!
How Can Some Foreign Babies Acquire Foreign Nationality?
Legally speaking, Chinese citizenship for foreign babies are automatically acquired if they are born in China's territory. But in reality, after giving birth to a baby in a hospital, normally you are required to fill a form to choose the nationality for your baby, which is the Birth Certificate. In this case, you can choose either Chinese or foreign nationality. Here are our researches on both options:
Choosing Foreign Nationality
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.
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.
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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.
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.
China does NOT recognize dual or multiple citizenships, 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 how to get the biggest benefits for your child!
Choosing 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:
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,
These three documents are necessary, as Chinese regulations vary from city to city, we suggest you consult the local Neighborhood Committee.
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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 an official residential registration. A hukou can bring with it a number of benefits in certain cities, such as:
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. If still have questions, you could leave a comment here, we are always ready to help!
Source：wikipedia, Australian Embassy China
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