Traditional Culture Encyclopedia - Traditional virtues - Should a child born in China to a foreign father and a Chinese mother have Chinese nationality?

Should a child born in China to a foreign father and a Chinese mother have Chinese nationality?

Nationality Law of the People's Republic of China

Article 4 If both or one of the parents are Chinese citizens and the child was born in China, the child shall have Chinese nationality.

Article 5 If both or one of the parents is a Chinese citizen and the person was born in a foreign country, he or she shall have Chinese nationality; however, if both or one of the parents is a Chinese citizen and has settled in a foreign country, and the person was born with a foreign nationality, he or she shall not have Chinese nationality.

Article 10 A Chinese citizen who has one of the following conditions may be authorized to withdraw from Chinese nationality upon application:

First, a close relative of a foreigner;

Second, a person who has settled in a foreign country;

Third, there are other justifiable reasons.

Article 11 A person whose application for withdrawal of Chinese nationality is approved shall lose his Chinese nationality.

Each country's nationality law has its own characteristics, such as the United States belongs to the "visa-on-arrival", even if you take the plane from Beijing to Los Angeles, just flew into the U.S. airspace on the plane to give birth to a child, the child can enter the U.S. nationality.

But China has adopted the practice of "son with the parents", as long as one of the parents is a Chinese citizen, and intends to let the child into the Chinese nationality can be. However, for administrative reasons, China does not recognize dual citizenship, and if a person has already acquired the citizenship of another country, he or she is not allowed to reacquire that citizenship; conversely, if a person wants to apply for citizenship of another country, he or she must first withdraw from Chinese citizenship.

According to what you said, the child can be born in China. On the issue of nationality, since the father has already acquired a foreign nationality for the child, the Chinese side, according to the nationality law, should not recognize the child's Chinese nationality.

If the relevant unit of the procedures because the child was born in China and bites the child is Chinese nationality, then you can apply for withdrawal of Chinese nationality according to the law (you meet the relevant conditions, you can withdraw from Chinese nationality according to the law), to join the father's side of the nationality, and then give the child to do the visa.