INTERNATIONAL ADOPTION (Article)

Singapore citizenship legislation, governed by the Constitution of the Republic of Singapore, operates mainly through the principle of jus sanguinis, with different requirements depending on whether the child is born within or outside Singapore. A person born outside Singapore may acquire Singapore citizenship by descent if at least one of the parents is a Singapore citizen at the time of the child’s birth.

The acquisition of permanent resident status in the Macao Special Administrative Region is governed by Article 24 of the Basic Law of the Macao Special Administrative Region. Under Article 24(1), Chinese citizens born outside Macau to Chinese citizens who are permanent residents of Macau are entitled to permanent resident status, provided they are of Chinese nationality. Similarly, under Article 24(2), children of Chinese nationality born outside Macau to Chinese citizens who have acquired permanent resident status after residing in Macau continuously for at least seven years are also permanent residents, provided the child is born after the parent has obtained permanent resident status.

As Hong Kong SAR (Hong Kong) is a special administrative region of China, the region does not have its own nationality law. Instead, Hong Kong operates under the concept of “One Country, Two Systems”, enshrined under the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Basic Law). In accordance with Article 18 and Annex III of the Basic Law, various national laws of China would apply to Hong Kong. China’s Nationality Law has applied to Hong Kong since 1997. As a result, children born in Hong Kong gain nationality through the same jus sanguinis structure, with children born within the territory to at least one Chinese parent gaining citizenship. As long as a citizen parent of a child born outside the territory has not settled abroad and the child has not gained another nationality at birth, the child will be a citizen. China’s citizenship legislation does not provide a definition of a stateless person.

Taiwanese nationality is based on the principle of jus sanguinis and is passed on by blood. If one or both of your parents are Taiwanese nationals, it is very likely that you are automatically a Taiwanese national.

A conflict of law issue may arise where a child simultaneously possesses Chinese nationality and a foreign nationality. This issue stems from China’s adoption of the principle of single nationality and its non-recognition of dual citizenship. Although another country may recognise the child as its citizen, China treats the child solely in accordance with its Nationality Law. As a result, nationality, legal status, and the application of relevant laws may differ between jurisdictions.