The Two Most Common Situations for Families Returning to Mainland China:
(1) The baby is eligible to apply for a Chinese Travel Document;
(2) The baby does not have Chinese nationality and must use a U.S. passport to apply for a Chinese visa.
The documents required after birth and the method of returning to China differ between these two situations.
Which Babies May Apply for a Chinese Travel Document?
If one or both parents are Chinese citizens and the Chinese parent had not obtained permanent residence in a foreign country when the baby was born, the baby may generally be eligible to apply for a Chinese Travel Document.
Whether the baby qualifies for a Travel Document must be reviewed by the Chinese embassy or consulate in the United States based on factors including:
- The parents’ Chinese nationality;
- The parents’ U.S. immigration or residence status at the time of the baby’s birth;
- The baby’s U.S. birth certificate;
- The parents’ passports, green cards, and other status documents;
- The baby’s parentage and surrogacy-related documents.
For a baby born through surrogacy, the embassy or consulate may also require a parentage judgment, surrogacy agreement, or other documents concerning the parent-child relationship, depending on the circumstances.
Which Babies Need to Apply for a Chinese Visa?
If a Chinese embassy or consulate determines that the baby does not have Chinese nationality, the baby will generally need to obtain a U.S. passport and then apply for an appropriate Chinese visa to enter Mainland China.
Common situations include:
- The Chinese parent had already obtained U.S. permanent residence when the baby was born;
- Both parents are foreign citizens;
- After review by the embassy or consulate, the baby is found ineligible for a Chinese Travel Document.
Whether the baby should obtain a Travel Document or a Chinese visa cannot be determined solely by whether the baby holds a U.S. passport. The decision is subject to review by the Chinese embassy or consulate.
Option 1: Return to China With a Chinese Travel Document
A common process is:
- Baby Is Born in the United States
- Obtain the U.S. Birth Certificate
- Obtain a U.S. Passport
- Apply for a Chinese Travel Document Through the “Chinese Consul” App
- Return to Mainland China With the Travel Document
A U.S. passport and a Chinese Travel Document serve different purposes. The U.S. passport proves the baby’s U.S. status, while the Chinese Travel Document is used by an eligible baby to enter and leave China.
Option 2: Return to China With a U.S. Passport and a Chinese Visa
If the baby is not eligible for a Chinese Travel Document, the usual process is:
- Baby Is Born in the United States
- Obtain the U.S. Birth Certificate
- Obtain a U.S. Passport
- Apply for a Chinese Visa
- Enter Mainland China With a U.S. Passport and Chinese Visa
The appropriate type of Chinese visa for the baby depends on the parents’ status, the purpose of the return to China, and the expected length of stay.
What Documents Are Needed to Bring a Baby Born Through U.S. Surrogacy Back to China?
Families are generally advised to prepare the following in advance:
U.S. Birth Certificate
The baby’s primary proof of birth and identity, and the basis for obtaining a U.S. passport and other documents.
U.S. Passport
Generally required for the baby’s international travel.
Parents’ Identification Documents
These may include Chinese passports, national identification cards, household registration booklets, U.S. green cards, or other residence-status documents.
Parentage Judgment or Parentage Order
The parentage document issued by a U.S. court. Families are advised to retain it carefully.
Surrogacy Agreement
The embassy, consulate, or relevant authorities in China may require this document depending on the circumstances.
Chinese Travel Document or Chinese Visa
Before the baby boards a flight, confirm that the baby has obtained the appropriate document for entry into China.
Apostille for the Birth Certificate and Chinese Translation
These may need to be prepared in advance if the family plans to obtain household registration or complete other procedures for the baby after returning to China.
Can the Baby Obtain Chinese Household Registration After Returning to China?
Being able to enter China with a Travel Document does not mean that the baby can automatically obtain Chinese household registration.
Whether the baby can be registered must be reviewed by the public security household registration authority in the location of the parents’ household registration, based on the baby’s nationality status, birth certificate, the parents’ household registration, and parentage documents.
Document requirements may vary by city. Some localities may require:
- The U.S. birth certificate and apostille;
- A Chinese translation;
- The parents’ identification cards and household registration booklet;
- The Chinese Travel Document;
- The parentage judgment;
- DNA testing or other proof of the parent-child relationship.
If the family plans to obtain Chinese household registration for the baby, it should confirm the specific requirements with the public security household registration authority in the intended place of registration before the baby is born.
What If the Parents Cannot Travel to the United States in Person?
If the parents cannot travel to the United States in person after the baby is born, they may arrange in advance for an authorized person to assist with newborn care, the birth certificate, the U.S. passport, and preparation of the documents required for returning to China.
However, a U.S. passport, Chinese Travel Document, and Chinese visa each have different application, signature, and identity-verification requirements. An ordinary power of attorney cannot simply be used to complete every procedure.
Before the baby is born, the parents should confirm:
- Which documents must be signed personally by the parents;
- Whether a video interview must be completed through the “Chinese Consul” app;
- Which procedures may be handled with the assistance of an authorized person;
- Who will accompany the baby back to China;
- The airline’s requirements for newborn travel.
Frequently Asked Questions About Bringing a Baby Born Through U.S. Surrogacy Back to Mainland China
Q1: If the Baby Already Has a U.S. Passport, Is a Chinese Travel Document Still Required?
Possibly. A U.S. passport does not determine whether the baby should use a Chinese Travel Document or a Chinese visa to enter China. The appropriate document ultimately depends on the baby’s nationality status.
Q2: Must the Baby Obtain Both a U.S. Passport and a Chinese Travel Document?
Many families obtain both. The U.S. passport is used for international travel and proves the baby’s U.S. status, while the Chinese Travel Document is used by an eligible baby to enter China.
Q3: Can the Baby Obtain Chinese Household Registration as Soon as the Travel Document Is Issued?
Not necessarily. A Travel Document addresses the baby’s travel and entry or exit, while household registration is reviewed separately by the public security household registration authority in China.
Q4: Does the Surrogate Need to Cooperate With the Chinese Travel Document Application?
This depends on the birth certificate, parentage judgment, and the specific requirements of the embassy or consulate. In some cases, additional documents relating to the baby’s birth or parentage may be required.
Q5: When Should the Family Begin Preparing the Documents for Returning to China?
Before the due date, the family should determine whether the baby is expected to apply for a Chinese Travel Document or a Chinese visa and prepare the parents’ status documents, the parentage judgment, and surrogacy-related materials. After the baby is born, the family can obtain the birth certificate, U.S. passport, and appropriate Chinese entry document in sequence.
