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UK in China
London 12:52, 16 May 2012
Beijing 19:52, 16 May 2012
   
Last updated at 3:40 (UK time) 3 Jan 2012

Having a baby in China

This page gives you 

  • information on Consular Birth Registration for children born in China where one or both parents is a British Citizen. 
  • information on nationality for a child born in China.  We strongly advise you to note this guidance as nationality law in the UK and the People's Republic of China differs.

Registering a birth

We welcome applications to register the birth of children born in China to a British parent or parents - this is called Consular Birth Registration.  But this is not obligatory. You can register the birth with the nearest Embassy or Consulate-General: or, if you have returned to the UK, with the Foreign and Commonwealth Office's Consular Department in London. You do not have to do this, but if you do, your child will be given a British official document and the advantages are that a British form of registration is then available and a record of the birth is held at the General Register Office (GRO) in the UK. You can also obtain certified copies of Consular birth entries from the GRO in English if required.

This is not a UK birth certificate and should not be used as one. It should not take the place of the locally-issued birth certificate. It is a useful document to help establish a child's British nationality.  The requirements for British nationality are set out in the British Nationality Act 1981 and subsequent revisions. Our colleagues in the Home Office have overall responsibility for nationality questions. 

You can apply directly for your child's British passport without registering the birth: the original birth certificate issued by the authorities in the country in which the birth took place, along with a notarised translation if necessary, is usually sufficient for passport application purposes.

Exceptions

Please note that, because of their close historical links to the UK and documents being issued in English, we do not register births which occurred in the following countries:

  • Australia
  • Canada
  • New Zealand
  • Republic of Ireland
  • South Africa
  • Overseas Territories

The standard for birth registration in these countries is similar to that of the UK.

We also cannot register the birth of a non-British child who has been adopted by British parents. See our adoption page for further information on acquiring British nationality after adoption.

Requirements

You will need to provide the following documentation: originals of all documents must accompany the application, photocopies cannot be accepted. The original documents will be returned to you. Please also be advised that you may be asked to provide additional documentation should the Registration Officers in Beijing require. 

  1. A completed birth registration form;
  2. The child’s local birth certificate;
  3. Parents’ passports;
  4. Parent(s) full (unabridged or long-form) British birth certificate(s);
  5. Parent(s) registration/naturalisation certificate (if applicable);
  6. Parents’ marriage certificate; and
  7. The appropriate fee.

We aim to process applications for birth registration within five working days.

Nationality issues for British national children born in China

When neither parent is a Chinese national

According to information provided by the People's Republic of China, a child born in China to two foreign national parents is not eligible for Chinese nationality.  However your child must be registered with the local Public Security Bureau within one month of his/her birth.  You should obtain a passport for your child.  Your child will also need to obtain a visa/permit from the Public Security Bureau Entry-Exit Division. According to Chinese visa regulations, foreign national babies cannot exit China until they obtain a Visa/Permit from the Public Security Bureau.

When one parent is a Chinese national

If one parent is a Chinese national, please read this guidance carefully. Chinese and British laws governing citizenship differ. Article 3 of The People’s Republic of China Nationality Law does not recognise dual nationality. And Article 4 of The People’s Republic of China Nationality Law states that any person born in China where one parent is a Chinese national, shall have Chinese nationality.

So if your child is born in China and one parent is a citizen of the People's Republic of China, under Chinese law:

  • your child will automatically assume Chinese citizenship; 
  • your child will be recognised only as a Chinese citizen by the Chinese government until you formally renounce the child's Chinese citizenship. The Chinese authorities will not recognise any other nationality to which your child may be entitled. 

The UK government does recognise dual nationality and you can apply for a British passport for your child if he/she can claim British citizenship under UK nationality law.

We advise that you opt for your child either to retain British nationality (and renounce Chinese nationality) or retain Chinese nationality. If you do not, your child may be unable to travel out of China, as you may be unable to obtain an exit visa from the Public Security Bureau in your child's British passport; and you may not obtain a visa for the UK in a Chinese passport if you also hold a British passport.

If you decide to retain British nationality for your child, you will have to apply to the  Public Security Bureau to renounce your child's Chinese citizenship. You may have to approach the Public Security Bureau in the Chinese parent's 'Hukou' (household registration district) to do this:  this process can take several months. Once the child's Chinese citizenship is officially renounced, the local Public Security Bureau should recognise the child's British nationality and passport, and issue a visa/residence permit for the child. The PSB in Beijing should also be able to issue the visa, regardless of parental 'hukou'.

If you decide to retain Chinese nationality for your child and your child already holds a British passport, you can relinquish your child's British passport .You can then apply to our colleagues in the UK Borders Agency for a visa for travel to the UK for your child's Chinese passport.  Relinquishing a passport does not mean you are renouncing your child's British nationality. There is a charge for this service.

If you need to travel out of China before your child's nationality issue is resolved, you can apply to the Public Security Bureau for an Entry and Exit Permit (出入境通行证 - Chu Ru Jing Tong Xing Zheng).  We understand that this document is provided by the PSB as an interim option while nationality differences are resolved.  Your child may currently exit China once only with this document. 

For further details on this issue contact your local Public Security Bureau or the British Embassy or the Consulates-General for the area of China where you live.  PSB contact details for Beijing, Shanghai, Guangzhou and Chongqing are as follows:


   

Contact Consular Section

For contacting our Consular Sections, please click here .