China – Causes of Statelessness

1. Lack of Legal Safeguards Against Childhood Statelessness

A child born in the territory of China to two stateless parents or parents with undetermined nationality who have settled in China will be a citizen of China. There are no provisions specifically addressing foundlings in the territory. Prior to the dissolution of China’s one-child policy, the country had over 500,000 (largely female) registered orphans who had been abandoned or whose parents had died. In 2021, the figure of abandoned children had reduced to 190,000, from which 98% of the abandoned children in state care lived with a disability or illness.

2. Citizenship Stripping 

According to the Nationality Law, a Chinese citizen may renounce their citizenship through an application process that involves satisfying certain preconditions, like settling abroad, being near relatives of foreign nationals, etc. The concept of citizenship stripping is not recognized as a form of punishment under the Criminal Code or any other statutes in Chinese law. At the same time, there are no provisions in China’s legislation which stipulate the renunciation process of previous foreign citizenship in order to apply for Chinese citizenship.

3. Administrative Barriers

Under the nationality laws of China, children born to stateless parents or parents of uncertain nationality who have settled in China are entitled to an automatic grant of nationality. However, the practical application of this law and its interaction with policies and administrative requirements fundamentally limits the applicability of this protection. Requirements for household registration have left potentially millions of children, including those born outside of policy quotas, to unregistered persons and single mothers with uncertain statuses, stateless or at risk of statelessness.

China has not reported any birth registration data to UNICEF, but according to the country’s 2010 census, an estimated 13 to 30 million children were affected by the lack of household registration. This issue stems from citizenship being left to the discretion of bureaucrats and local officials who often refuse to provide registration to children born in violation of the former one-child policy or those born to North Korean women. The absence of proper documentation for these children puts them at severe risk of statelessness and affects their ability to access essential resources and rights. There is a lack of recent data regarding this issue, especially as China has not reported any data to UNICEF from 2013-2022 regarding its birth registration rates, but estimates as of 2017 suggest that the issue persists. Birth registration in remote areas is especially low for girls, migrant children, adopted children, children who exceed the “sanctioned” family size, and those affected by the hukou system. Excessive administrative requirements have also been identified as a barrier to birth registration for many households.

The Medical Certificate of Birth serves as the legal and medical evidence for a person’s proof of citizenship, record of birth, blood relations, and the registration of residence. The issuance of the Medical Certificate of Birth would, however, first require parents to present their valid identity documents (such as an ID card or passport). Stateless parents or parents of uncertain nationality generally do not possess valid identity documents. As such, it would be difficult for these parents to obtain the Medical Certificate of Birth for their children. Given that the Medical Certificate of Birth generally serves as the legal and medical evidence for a person’s proof of citizenship and record of birth, the authority may require such certificate to be submitted in reviewing the application for nationality pursuant to Article 6 of the Nationality Law. Accordingly, lack of such certificate will present substantial difficulties in obtaining Chinese nationality pursuant to Article 6 of the Nationality Law in practice. In addition, the children would not be able to complete birth registration if the Medical Certificate of Birth is absent.

In China, the birth of a newborn is required to be registered with the authority for household registration at the place of residence. According to birth registration guidelines published by local authorities, in order to register the birth of a newborn, it would require at least the Medical Certificate of Birth for the newborn, valid identity documents of the parents, and the local household registration documents of the parents (which will not be available to stateless parents or parents of uncertain nationality because the household registration authority would require the applicant to first obtain Chinese nationality). The aforementioned documents are unlikely to be available to stateless parents or parents of uncertain nationality, leaving them unable to register their children’s births.

Birth registration is essentially part of the household registration system (hukou), which determines citizenship rights including social services, healthcare, employment, and other welfare benefits for residents in China. Without completing the birth registration, the children would not be able to enjoy full citizenship rights in China. The nature of birth registration and the rights attached to it are not expressly provided in law, but rather a well-known fact deriving from the practical difficulties for unregistered individuals to enjoy citizenship rights in China.