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Posts: 7715

Emperor

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Q: Mixed-marriage kids... and citizenship

I just thought of this because of a post about making sure the kids have your citizenship, not Chinese (because, the Chinese partner gets EVERYTHING after the divorce!)

 

So... this begs the question - if the kids have your citizenship, then you're basically saying "if we get divorced, I'm taking the kids with me".

 

Alternatively, if the kids have Chinese citizenship, you're almost certainly saying goodbye to them if you divorce.

 

Is this a question that ever comes up? Is it something that gets thought about? Or, is it only the practicalities of life at their better times that are thought about?

7 years 43 weeks ago in  Family & Kids - China

 
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Posts: 783

Shifu

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It's a very complex question.If your child is born in China,with one parent being Chinese,then your child,will always be Chinese,under Chinese law.It doesn't matter,if you got your child a Passport from your own country,by some other way,Chinese Law still over rules,the passport.Birth certificate is what would count,but even that wouldn't help much,if the Chinese parent took you to a family court.

 

ScotsAlan:

Nope. Dual nationality is not recognized. Registration of birth is very important. Register as foreign, they need a visa. Paid school etc. There are loopholes, but they are expensive.

7 years 43 weeks ago
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paulmartin:

Scots Alan,read the answer.I'm saying dual citizenship doesn't work.

7 years 43 weeks ago
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7 years 43 weeks ago
 
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Posts: 783

Shifu

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It's a very complex question.If your child is born in China,with one parent being Chinese,then your child,will always be Chinese,under Chinese law.It doesn't matter,if you got your child a Passport from your own country,by some other way,Chinese Law still over rules,the passport.Birth certificate is what would count,but even that wouldn't help much,if the Chinese parent took you to a family court.

 

ScotsAlan:

Nope. Dual nationality is not recognized. Registration of birth is very important. Register as foreign, they need a visa. Paid school etc. There are loopholes, but they are expensive.

7 years 43 weeks ago
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paulmartin:

Scots Alan,read the answer.I'm saying dual citizenship doesn't work.

7 years 43 weeks ago
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7 years 43 weeks ago
 
Posts: 308

Governor

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So what then is the intent behind "anchor babies"...other than to leech off another nation's resources?

Hotwater:

Different issue altogether. That's Chinese parents trying to get their kids born in the USA, for example, to get citizenship. It's a way to get the family out of China. 

 

Of course, there is a small minority of Chinese mothers in mixed marriages who also want the passport of the husbands country. In those cases they'd also get the child that passport. 

 

It's a difficult situation for worldwide for mixed marriages & children in cases of divorce. 

7 years 43 weeks ago
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seansarto:

Apparently chinese laws don't really perceive it that way though do they?..since foreign citizenship isn't recognized through marriage..In chinese eyes, the baby is still chinese if it is born between chinese nationals but free to loot other nation's prospects if it benefits those chinese nationals ...paint yerself into a corner...and BTW...LOL..a "small minority"...good luck with that...

7 years 43 weeks ago
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Shining_brow:

The idea of  'anchor babies' only applies to countries stupid enough to have laws that allow them! And if they have those laws, then they deserve what they get! MOST countries around the world don't have such laws. The child's citizenship depends entirely on the parents' citizenship.

 

China isn't the only country in the world that doesn't accept dual citizenship. Spain is another one! (although, obviously, Spain is far less draconian when it comes to domiciling).

7 years 43 weeks ago
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seansarto:

Don't blame the benevolence of a nation for another's con-artistry or lechery.

7 years 43 weeks ago
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Shining_brow:

SS - I think it's just silly that someone can get citizenship purely because they were born in that country. Wiki tells me that only 30 (and probably less, depending on interpretations) countries have a law like this... with only Canada & US being 2 of the most obvious. The other countries in that list aren't ones people are rushing to for the life (well, ok, I think I saw Jamaica or Barbados... I recall Belize was definitely there.. and Brazil!)

 

Most other countries require at least 1 parent have that nationality. That makes more sense to me!

7 years 43 weeks ago
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7 years 43 weeks ago
 
Posts: 724

Shifu

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Don't divorce! And don't make kids till you think you are meant to be maybe!

 

It's not about who the kids belong to, it's causing really bad harms to them mentally. Also, I think moms do take better care of kids despite of there nationality.

 

Or maybe make an agreement before having kids, you both get 1/2 of the kids when you must split, which means to cut the baby into 2 halves?

 

 

Shining_brow:

Qie!

 

Of course - divorce!

 

But don't marry until you've lived together for a few years as if married!

 

Some humans just make bad parents - that simple! Some cultures make really bad examples for raising kids, and so, make for really bad parents.

7 years 43 weeks ago
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SpongeBob:

 i was gonna say, do whatever you want!

 

but for me, i'm gonna live happily at bikini bottom.

7 years 43 weeks ago
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7 years 43 weeks ago
 
Posts: 4421

Emperor

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Just for the record, if you exit China on the Chinese passport than enter HK with your home country passport (U.S or where ever.) and exit HK with the U.S passport going to say America than after 14 days your kid is American, can't be Chinese again.

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