For a child born overseas in ordinary circumstances, the child may have Republic of China nationality if the father or mother was an ROC national at the time of birth. If either parent is a national with household registration in the Taiwan Area, an eligible minor child born overseas may also apply to settle in Taiwan and complete initial household registration.Immigration Agency
For a baby born through surrogacy in the United States, however, the family must first consider how Taiwan law recognizes the parent-child relationship between the intended parents and the baby.
Therefore, even if a U.S. Parentage Order / Judgment has been obtained and the intended parents are named on the U.S. birth certificate, a Taiwan lawyer should first confirm how these documents may be used when applying for the baby’s nationality and household registration in Taiwan.
1. If the Parents Are Taiwanese Citizens, How Can the Baby Obtain Status?
- U.S. Birth Certificate
- Parentage Order / Judgment
- U.S. Passport
- Confirm Parentage and Nationality in Taiwan
- Complete the Applicable Entry and Settlement Procedures
- Initial Household Registration
Documents and Procedures Usually Required After the Baby Is Born
An eligible minor child born overseas may apply for the relevant entry and settlement documents at a Taiwan overseas mission. After entering Taiwan, the child may exchange the documents for a settlement permit through the National Immigration Agency and then use the settlement permit to complete initial household registration.Immigration Agency
Via Baby Note:
The parentage structure of a U.S. surrogacy family differs from that of an ordinary child born overseas. Families should therefore not prepare their materials solely under the ordinary “child born overseas” process. It is best to have a Taiwan lawyer confirm the requirements for the Parentage Order, birth certificate, and other parentage documents during the pregnancy.
Taiwan’s recognition of parentage for babies born through surrogacy overseas currently involves issues such as the application of foreign-related law, U.S. court parentage judgments, and recognition of the parent-child relationship in Taiwan.
In previous matters involving Taiwanese nationals who had children through surrogates overseas, Taiwan’s Ministry of Justice also expressly stated that the legal parent-child relationship must first be resolved before determining whether a child born abroad is the child of a Taiwan national.Mojlaw
We therefore recommend that families consult a Taiwan lawyer before the baby is born to confirm:
- How the U.S. Parentage Order / Judgment can be used in Taiwan;
- Whether additional parentage, court, or authentication documents are required;
- The Republic of China nationality and return-to-Taiwan pathway applicable to the baby;
- How to complete settlement and household registration after the baby returns to Taiwan.
Via Baby can refer families to a Taiwan lawyer with relevant experience and assist with preparing the baby’s U.S. birth certificate, passport, and related documents after birth.
If the baby meets the requirements for settlement and household registration in Taiwan, the family must complete procedures such as settlement and initial household registration after returning to Taiwan.
The National Immigration Agency currently provides that an eligible minor child born overseas may apply for settlement in the Taiwan Area. After receiving a settlement permit, the family may take it to a Household Registration Office to complete the child’s initial household registration.Immigration Agency
Families planning to live in Taiwan with the baby long term should therefore plan not only how the baby will enter Taiwan, but the entire entry → settlement → household registration process in advance.
