Born in Taiwan but wants no legal link

I am a foreign national with a ROC wife. Since our first born was a girl we got dual citizenship. Now that # 2 is on the way planning a new must start. Can a male child be born to a foriegn father and local mother in Taiwan have NO ROC ID #, passport, household registration etc.? Or must there be a record of some sort?

Secondly, If I can avoid any of this for a male child does the ROC still have a general claim on all people born on it’s territory, say in case of national emergency. I realize the ROC doesn’t give citizenship just because you born here but… can they make a claim at some point?

My son was born here, has no Taiwan ID and carries a U.S. passport. It isn’t a problem. Just go to AIT and ask for a Consular Record of Birth (do NOT lose this, unlike a birth certificate, this is the ONLY one that exists…copies are not available).

Acearle,
Is your wife a Taiwan citizen? When was your son born? From what I’ve read before, it didn’t seem like it was easy or possible to do what you described in your post above.

Yes, my wife is an ROC citizen. Unfortunately (in this case anyway) I am Canadian so I am not so sure on the consular birth certificate. basically the Canadian office says they have no idea and wish me the best. Acearle, could you fill me in on the hospital procedure then? Your wife is Taiwanese? No one recorded offcially her giving birth?

Just because a boy child is born here doesn’t mean he’s a citizen. Especially in the case of a foreign father, it should be quite easy to get around this. Yes there is a hospital birth certitificate. Take that and the other required doc.s to the representative office of the country where you’re from. AIT will issue the consular report of birth abroad and US passport. They attach a note saying that ,by ROC law, any child born here must be included in the Taiwanese parent’s household registration. If you don’t want your child to be a Taiwanese citizen, the way I understand it, just don’t register him. Take your child’s passport, you doc.s and get your child an ARC. He can use it until he’s 18, I think. At that time, if he’s to live here, he’ll have to marry or get a job. If your child never has a Taiwan ID number, he’ll never neet to “be” Taiwanese, and won’t have problems with the military requirement later, as far as I know. My son has dual nationality, but his father is Taiwanese. Usually, children born here are considered to have the father’s nationality. I am NOT a lawyer, just a mom, but this has been my experience.

Yes, there is an official birth certificate :slight_smile:. Complete with footprint in ink, however, I believe that the main proof of citizenship is a Taiwan ID card, which we have never applied for. I think it has to do with me being a lao wai. If the father is a foreigner, the child’s nationality here seems (don’t recall the exact words) to be considered the father’s nationality (if that is what the parents want). I do know that if we had wanted dual citizenship, all that would have been required is for us to apply for a Taiwan ID for him.

ACearle, let me see if I got this straight. Your son has a local birthcert. but you never registared him. Ok, did you then have to get the local birthcert. authinticated by a local court for the purpose of your foreign passport? (might this cause a problem) Also, I assume then that your son has his own ARC card and his paperwork is done through you. Any pointers on this front? Lastly, I hear alot about the father being a determining factor in citizenship but it seems to me that over the past few years Taiwan has moved to make mothers and fathers equal in this respect. Perhaps the current situation is more complex than just opting for the father over the mother?

I would think the main factor is to make sure your child’s name isn’t entered into your wife’s family book at the district office. Without such an entry no ID card would ever be able to be issued. If his name appears in the family book regardless of whether or not he has an ID card he is still a citizen.

Yes, don’t register your son on the hosehold registration. Get his foroeign nationality by descent registered and then apply for the ARC once you have the passport in hand.

I did this for my son… but at that time he couldnt have ROC nationality anyway… I’m now and ROC citizen but he is not… so no army service for him