I'm a foreigner and my wife is a Chinese citizen. We're thinking about having a second child in China. Our first child was born here in Kunming and now has a US passport, though she hasn't left the country yet.

Would the One-Child Policy apply to us? Various government and hospital authorities have given us different answers, ranging from "It's no problem; have eight kids if you want" to "You'll be fined 350,000 RMB."

Reportedly there are three points where the fine, if applicable, could be incurred:

1. Getting the "Birth Education Certificate." We've been told with some assurance that we could bypass this step for the second child, as we already have the certificate. I'm skeptical though because it explicitly states that my wife has authorization to give birth to (only) her first child.

2. Getting the birth certificate from the hospital. Presumably their computer records would reveal the existence of our first child. I doubt this could be circumvented by giving birth at a different hospital.

3. Leaving the country. Assuming we make it this far, the customs official would notice that our kids' US passports had no entry visas, and could probably deduce that they must've both been born in China. Would (s)he then decide to play Batman and lay down the law?

Does anyone have any experience with this?

I'm sure someone with actual practical experience in the matter will weigh in soon, but from what I've heard before, since your first child is a US citizen, you're exempt from the one child limit.
Because of the stakes involved, though, I would recommend consulting a lawyer or a consulate official first.

ekoorbr
First, congrats on baby #1 and best wishes on a healthy baby #2.

If your child is a US citizen - you MUST register the new kid with public security (PS) - there is a time limit - something like 30-60 days - before penalties occur - I'm sure your first child is at least one year old so you will probably get dinged on that one. Hopefully you recently got the passport (I'll explain that shortly).

After you register the kid at the local police station (add to the family register), you then need to go to the visa office and apply for a dependent visa for your baby.

PS will then stamp the child's passport with an entry permit. The problem with this is the US embassy ONLY issues baby passports one year at a time - meaning EVERY year you'll have to get a NEW baby passport (expensive) BEFORE you renew the baby's visa. You get to enjoy this hassle until the kid's 6yo (I think) - then they'll issue a FIVE year passport. The point being you'll have to juggle the passport dates with the VISA dates - but PS is usually flexible as long as you write a note - if you have date conflicts. If you only recently got the first baby's passport - you can write a "sorry" letter stating the US embassy only recently issued the passport to you AND get it notarized at the US embassy (you have to go in person for notary crud and of course pay the notary fee).

As for second child penalty - sorry - not qualified to respond on that tricky issue.

DO NOT DELAY on the baby #1 visa - the penalties can accrue at something like ¥500 per day up to a max of something like ¥4-10k. Try to blame as much as possible on the US embassy...and apologize profusely with every sentence (your wife should also assist scolding the US embassy for causing you probs!).

Interesting thread. I've heard that as a foreigner with a Chinese spouse you are allowed to have an infinite number of kids (although personally I think 2 would be fine), but as Laotou points out, that doesn't free you from an endless amount of red tape and paperwork it seems. Anyone who can confirm that the 1-child policy doesn't apply to mixed marriages? If it doesn't apply to 980 million Chinese with a rural hukou I find it surprising that it should apply to foreigners.

I've found this part from the Chinese Law on Nationality. It's not what I was looking for but interesting nevertheless.

"In cases where one of the parents is holding foreign nationality, and another is holding Chinese nationality and residing in China, when applying birth registration in foreign nationality, the applicant shall withdraw the child's Chinese nationality first. Upon approval, the foreign nationality registration can be processed.

Under one of the following conditions, the application of withdrawal of Chinese nationality may be approved:

1. Close relative of foreign national;

2. Residing in foreign country;

3. Other reasons.

In the process of withdrawing Chinese nationality for new-born infants, his/her parents or proxy shall present birth certificate, foreign passport of father/mother, foreigner residence permit issued by the Chinese Entry & Exit Administration of Chinese Public Security Organ, Chinese passport of mother/father and foreign residence permits to the Chinese Entry & Exit Administration. The withdrawal application of Chinese nationality shall be submitted in written form. All documents required shall be in two copies (including photocopies), and the original documents shall also be checked. During the application process, the applicant shall fill out two copies of Withdrawal Application of Chinese Nationality with six pieces of 2-inch photos and fee."

"The problem with this is the US embassy ONLY issues baby passports one year at a time - meaning EVERY year you'll have to get a NEW baby passport (expensive) BEFORE you renew the baby's visa. You get to enjoy this hassle until the kid's 6yo (I think) - then they'll issue a FIVE year passport."

I'm not sure this is true. My (U.S.) 4-month old has a 5 year passport, it was the only option... never heard of a one-year passport for a baby.

yn.travel
Thanks - that's really interesting. Now I'm wondering why I got such special treatment for BOTH kids for the last 7 years (kids are 2 years apart)...kind of ticks me off cuz when I asked why, they told me that's embassy policy...I must be REALLY special.

A few parents I know are in the situation where one partner is Chinese, the other Foreign. From what they told me here are some options.

Before you have the baby you need to register the pregnancy, if you want option 1, then this will be difficult (read expensive) unless you meet their requirements. With this registration and once you have paid your hospital fees you can get your kids birth certificate.

When you have your child's birth certificate you have two options:

1. Put the kid on your wifes/husband Hukou, get a Chinese passport for travel, get a visa to visit the foreign partners country etc, they are fully Chinese citizens and get all the perks such as "free education", excellent human rights etc. If you want to chose this option then you need to follow the Chinese family planning rules, if you dont meet them and dont want to pay the fine,,then go to option 2.

2. Get a foreign passport for the baby from the embassy, get an exit permit for the baby at the PSB where the Chinese partner has their Hukou when you are planning to make your first trip our of China then get a visa for the baby before coming back to China. As the mother/father of the baby is Chinese then the kid gets a Chinese visa easily.