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anonymous
Q: Chinese Wife having a baby, need a U.S lawyer certificate?
Greetings guys
My Chinese wife is a few months pregnant, and I have a daughter from my previous marriage that lives with us.
So now is the time when all Chinese wives apply for their health insurance benefits for the check-ups, birth of baby and time away from work. She applied and told them about my daughter because she didn't want to lie about the number of people in the family even though my daughter has no relation to china at all., so maybe my wife screwed herself and insurance benefits by telling the Chinese insurance agent this, who knows. Anyway it's too late, it's on record now. She lost doctor check-up benefits by telling them she has a step daughter, such BS.
So they said they've never had a case like ours, ( Husband with a child from another marriage.)
So they said they need me to do this the Hong Kong style, get an American lawyer to state how many divorces and kids I have, which the U.S can't really do and I've never been married in America, just in Korea (Divorced) and China now. We tried using my single cert that is states I'm divorced and from who and it's stamped and certified by the Guangzhou U.S embassy, but that didn't work.
So I think this is a lost in translation case, my plan is to type a letter stating I've only been divorced once with one child from that marriage and get it stamped and certified by the U.S Embassy and translate it into Chinese.
Another option is make the baby American from the start, BUT and it's a BIG but, IF I do this and pay for all the stuff (Which I'm happy to do.) My wife will lose all benefits, paid maternity leave and she'll never be able to use what she worked so hard for..
So any one can give us some sound advice please. Thank you.
10 years 8 weeks ago in Family & Kids - China
Did you ask the embassy if they have had similar cases. Just because the tool you've spoken to at the family planning office hadn't had a similar case before doesn't mean it hasn't happened before.
There must be others who've been in the same situation.
Note. Apart from the maternity leave, I am not sure you will miss out on any important benefits, of course half a years salary can be significant.
I think you are asking about how to get the baby book.
To have a baby in China your wife needs permission from the Government. This comes in the form of a "book" from the population control department.
Without the book, public hospitals will not give your wife treatment nor will the child be issued a birth certificate.
To get the book, your wife needs her ID card, the marriage book, her houkou and both of your ids. If you are living in a place other than your wife's hometown, she will also need her residence permit. Otherwise she will need to go back to her hometown and apply for her baby book there.
In China, a divorced man with a child can remarry and have another baby if his new wife is childless. If the new wife has a child already then the one child rule applies.
I suspect what is happening here is that your wife does not know how to get the baby book and that she is reluctant to admit such. It's probably her local residence permit that is the problem. Many Chinese do their best to avoid getting a local residence card because they want to avoid having to pay the required tax to get it.
If your wife goes to her hometown she should get her baby book no problem.
In China, many people assume the problem is with the system. But I often find the real problem is that people do not understand the system, and they won't ask because they are scared to "lose face".
If your other child is not Chinese then there shouldn't be any problem whatsoever. I had two, the oldest had another nationality when the younger was on the way and we had no problem at all getting the ticket. Granted I'm not divorced though but as someone stated above the law does allow for another child in this case.
If I were you I'd go and talk to someone else at the family planning office. I've fixed problems of similar magnitude by simply doing this so just go back and purposefully wait for another clerk and try again.
