Family Registration Required for Children Born in Taiwan

Boomer is correct and so is Hartzell. But in Boomer’s case “that was then, this is now.” These days, kids born in Taiwan to mixed parents are automatically entitled to dual citizenship.

At what time did the regulations change? What is the goverment doing to correct their past errors?

Boomer,

I guarantee you the answers to these questions are already on Forumosa somewhere. You also might want to try searching the Legal forums.

I’ve seen Hartzel post the relevant law, so I know there is one. It’s also retroactive, so if your kids are still fairly young, you’ll be fine.

I have read the relevant laws. The fact is Chinese children are not allowed to legally have foreign fathers. If they were, our names would be on the legal birth certificate. My problem is that it is now legally impossible for me to be a legal parent of my own children under the laws of the Republic of China. Under the new and improved regulations all children born in Taiwan must have a R.O.C. passport to leave Taiwan.

You are reading the wrong laws !!! You are reading the old Nationality Law, i.e. pre February 2000 !!!

Refer to sandman’s posting above. He is 100% correct !!!

Also, please be aware that the so-called “Republic of China nationality” is not based on “law of the soil” – in other words, being born WITHIN THE TAIWAN TERRITORIAL JURISDICTION does not mean anything, – unless the child’s parents are (1) unknown, or (2) stateless.

I’m a foreign father and my daughter has dual nationality. Anyone talking about all of these special steps that must be taken is incorrect. Perhaps earlier this was the case I don’t know. My daughter was born in February, 2000 overseas, and she was granted a passport with no problems at the time we decided to come back to Taiwan last year.

[quote]You are reading the wrong laws !!! You are reading the old Nationality Law, i.e. pre February 2000 !!!

Refer to sandman’s posting above. He is 100% correct !!!

Also, please be aware that the so-called “Republic of China nationality” is not based on “law of the soil” – in other words, being born WITHIN THE Taiwan TERRITORIAL JURISDICTION does not mean anything, – unless the child’s parents are (1) unknown, or (2) stateless.[/quote]
I read the new laws and they are clearly being interpreted differently by different departments. The fact is foreign fathers are still not allowed to have their names put on the birth certificates of their children in Taiwan unless they are Chinese.
Is it optional to get our children a Taiwan passport if they are born in Taiwan?
The government here says it is mandatory and must be done if we want to take our children back to our countries of origin. If they don’t have a R.O.C. passport they don’t get on the plane. The laws do not address the issue of legal guardianship and leave it up to the openly racist departments in charge of issuing birth certificates.
Things have changed for the worse. Parents now have no say in their children’s nationality if they are born in Taiwan.
I don’t want my son to have a passport from the R.O.C…

[quote]Dear Congressman,
I am writing you in connection with an ongoing concern about American children born in Taiwan. My son Timothy was born in Taiwan at the national university hospital in Taipei, June 1999. At that time is was illegal for my son to be given citizenship from the Republic of China because I was his American father. His mother is a national of the Republic of China and was so at the time of his birth here in Taiwan. On February 8th 2000, the government of the Republic of China promulgated a change in the nationality laws governing children born to Taiwanese parents and foreigners. That law stipulated that all children born to even one parent of the R.O.C. were to be deemed nationals of the R.O.C… That in itself is not the greatest concern, the greatest concern is the fact that a foreign father like myself is not recognized as my son

I can’t agree that you have your facts 100% straight. I realize that you are sincere, and of course you are quite concerned about this issue . . . . . . and other issues as well.

Are you in Taipei occasionally? I suggest that we sit down and have a talk.

I realize I may not have the facts right. That’s why I am asking for feedback and would really appreciate any you might have.

Ok, the post following this one says that this is not correct, but…

My name is not on my sons’ local birth certificate but I am listed in the Household registration as his father. Does this mean that I am legally his father or not. My son has a Taiwanese ID number and is listed as being Taiwanese, why does that mean? I never asked any questions at the time but now, if anything happened to my wife, what would happen with my son?

[quote]Ok, the post following this one says that this is not correct, but…

My name is not on my sons’ local birth certificate but I am listed in the Household registration as his father. Does this mean that I am legally his father or not. My son has a Taiwanese ID number and is listed as being Taiwanese, why does that mean? I never asked any questions at the time but now, if anything happened to my wife, what would happen with my son?[/quote]
My thoughts exactly.
At first I wasn’t alarmed, it was my mother who can read and speak Chinese fluently that told me of the discrepancy. Then my father suggested it might be hereditary.
My father was born in Nazi Germany in 1943 to a Jewish mother and had almost the exact same problem as his grandson born in Chinese Taipei in 1999. Hopefully my son’s future will be less terrifying.
The fact is the only people giving me direct answers are the Ministry of Foreign Affairs and A.I.T… They have both stated that American children born in Taiwan to a “Chinese” parent must have a R.O.C. passport before they can leave the country. They also stated they are not concerned with ther rights of foreign parents, American or otherwise.

Can anybody tell me why the Taichung F.A.P. finally extended my son’s ARC but then refused to put a reentry permit into his passport?

Too easy. They are idiots :smiling_imp:

I hope that is the case. Can I take my son back to the US without it being there?

No. Go back to the Police Station and get it.

They have already refused once. What other options do I have?

What is the basis for their refusal?

Has there been an offocial change in policy. I am not Chinese but can understand the logic sometimes. Seems to me they are just ignorant.

[quote=“Hartzell”]You are all in need of good legal advice. It is a pity that you don’t ask those in the know about these matters before you begin any sort of “corrective” or “remedial” measures.

About a year ago there was a foreign spouse in Taichung (Taizhong) who contacted me about a similar problem. It would have been easily solved through the normal legal processes but he and his Taiwanese wife refused to do so . . . . . . hence I could only leave them to their fate . . . . . .[/quote]

Mr. Hartzell. I have asked you so many times for advise or assistance and have been willing to pay, but as yet have heard no word from you at all. I wonder if you are capable of reading the many e-mails or PM’s that get sent to you, but I am desperately plighted and have tried every which way to get a hold of you, and you are not here to help. I don’t wish to be disrespectful, but I am now very frustrated and am faced with the prospect of hiring a lawyer that wants to charge me $4,ooo an hour.

All I want to do is register my son under his mother’s surname. You have told me this is possible through your other posts, but as yet neither you or the MI or the local registration offices have given me even the slightest clue as how this is possible.

I put it to you Mr Hartzell, that you perhaps, can’t help in this matter or are unwilling, or are otherwise too busy. In either of these cases though, I would sincerely love a reply. Does anyone know where Mr. Hartell is? I have been desperate for his advice for some time and am getting closer to being fined for not registering my son’s birth. Does Mr. Hartzell have an office number? A reliable contact address? Is there any way at all that I can get a simple yes or no from Mr. Hartzell?

My e-mail is: sulavaca@gmail.com
My telephone number: 0939 09 08 07

Please, please, please anyone help… I will be so grateful.