Q & A
1. How do parents of a child born legitimately in a foreign national father and ROC national mother register the birth of child?
A: From February 9, 2000
- (1) If the child was born after February 9, 2000: For a child born in ROC, household registration shall be filed in accordance with the Regulation for Household Registration. For a child born abroad, apply for ROC passport from ROC embassy/consulate/trade office after entering the ROC, apply for permanent residency and then apply for household registration.
- (2) If the child was under 20 years of age when the revised Law of Nationality was promulgating on February 9, 2000 (born after February 10, 1980): For a child born in the ROC, apply for permanent residency at the Bureau of Immigration, Ministry of the Interior. If the child holds an Alien Resident Certificate, go to Taipei Municipal Police Department to have it revoked, put a stamp on the ROC visa and the entry stamp on the foreign Passport to acquire permanent residency, and then apply for household registration. For a child born abroad, apply for ROC passport from ROC embassy/consulate/trade office after entering ROC, apply for permanent residency for household registration.
2. How do parents of a child born out of wedlock to a foreign national father and ROC national mother register the birth of the child ? How does the biological father file for paternity?
A:
(I) Filing for household registration:
1. Application Process
(1) Child born in the ROC
- a. The biological mother shall file an application with the household registry office of her resident.
- b. When the biological mother cannot register in person, a representative may file on her behalf.
(2) Child born abroad
- a. If the child is under 12 entered ROC with ROC passport, entry permit, or foreign passport, and the mother has legal residency status in Taiwan, the mother may apply for permanent residency for the child and also apply for household registration.
- b. If the child is over 12, application must be filed in accordance with Articles 5,6,9 and 11 of the "Regulation for Household Registration and Registration for ROC Nationals Remaining for Short and Long Term".
2. Required Documents
(1) Child born in the ROC
- a. Applicant's identification and seal (or signature).
- b. Mother's household registration.
- c. Original of birth certificate.
(2) Child born abroad
- a. Application for residency (plus three photographs).
- b. Copy of transient residency registration.
- c. Original identification from country of residency prior to arrival in Taiwan.
- d. Original of birth certificate notarized by ROC embassy/consulate/trade office.
- e. Original of ROC or foreign passport with entrance permit stamp documenting arrival in the ROC via plane or ship.
- f. Mother's Household registry.
(II) Registration for Adoption by Biological Parent
1. Application Process
- (1) The Adopting parent shall apply through the district Civil Administration Office of the child's registered address.
- (2) When adopting parent is not able to apply in person, s/he may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office); the jurisdictional Civil Administration Office must approve person with power of attorney.
- (3) If the child's biological father has a Chinese surname, the child may assume the father's surname.
- (4) Residency and citizen status will be lost upon adoption by a foreign parent.
2. Required Documentation
- (1) Written adoption documents.
- (2) Applicant's proof of identification and seal (or signature).
- (3) Child's household registry and ROC identification (except in cases where ROC ID has not been issued).
3. How do parents of a child born legitimately to an ROC national father and a foreign national mother register the birth of the child?
A:
(I) Application Process
1. Children born in the ROC
- (1) Either parent may apply through the father's district Civil Administration Office.
- (2) When adopting parent is not able to apply in person, s/he may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office).
2. Children born Abroad
- (1) If the child is younger than 12 and entering the ROC using an ROC Passport, entry permit or foreign passport, and the if the mother has legal residency status in Taiwan, the mother may apply for permanent residency for the child and, with that, apply for household registration.
- (2) If the child is older than 12,application of permanent residency and household registration must be filed in accordance with Articles 5,6,9 and 11 of the "Regulation for Household Registration and Registration for ROC Nationals Remaining for Short and Long Term".
(II) Required Documents
1. Child born in the ROC
- (1) Applicant's identification and seal (or signature).
- (2) Father's household registration.
- (3) Original of birth certificate.
2. Child born abroad
- (1) Application for residency (plus three photographs).
- (2) Copy of transient residency registration.
- (3) Original identification from country of residency prior to arrival in Taiwan.
- (4) Original of birth certificate notarized by ROC embassy/consulate/trade office.
- (5) Original of ROC or foreign passport with entrance permit stamp documenting arrival in the ROC via plane or ship.
- (6) Father's household registry.
4. How do parents of a child born out of wedlock to a foreign national mother and ROC national father file the child's household registration? How does the biological father file for paternity?
A:
(I) A child who has not been adopted by his/her biological father is considered a foreign national and can not file for household registration .To register the child as an ROC national, the parent must apply for citizenship in accordance with Articles 5,6, 10 and 11 of the "Regulation for Household Registration and Registration for ROC Nationals Remaining for Short and Long Term".
(II) Registration for Adoption
1. Application Process
(1) If the child has not yet acquired ROC citizenship, the adoption application shall be recorded in the adopting parent's household registration.
- (a) The adopting parent must file an application with district Civil Administration Office
- (b) When the adopting parent is not able to apply in person, s/he may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trace office); the jurisdictional Civil Administration Office must approve the person with power of attorney.
(2) If the child has already acquired ROC citizenship, the adoption application shall be recorded in the child's household registration.
- (a) The adopting parent must file an application with the district Civil Administration Office.
- (b) When the adopting parent is not able to apply in person, s/he may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate /trade office); the jurisdictional Civil Administration Office must approve the person with power of attorney.
- (c) The child shall assume the father's surname.
2. Required Documents
(1) If the child has not yet acquired ROC citizenship, the adoption application shall be recorded in the adopting parent's household registration.
- (a) Written adoption documents which meet ROC and foreign legal standards.
- (b) Applicant's proof of identification and seal (or applicant may sign).
- (c) Proof of mother's single status (notarized by ROC embassy/consulate/trade office abroad).
(2) If the child has acquired ROC citizenship, the adoption application shall be recorded in the child's household registration.
- (a) Written adoption documents (must meet ROC and foreign legal standards).
- (b) Applicant's proof of identification and seal (or signature).
- (c) Child's ROC identification (except in cases where an ROC ID has not been issued).
- (d) Child's or adopting parent's household registration.
5. How do foreign parents adopting a child with ROC citizenship file for adoption?
A:
(I) Application Process
- 1. An attorney must register for adoption at ROC courts.
- 2. The adopting parents must file an application at the child's district Civil Administration Office.
- 3. When the adopting parents are unable to apply in person, they may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office); the jurisdictional Civil Administration Office must approve the person with power of attorney.
- 4. The child may assume the surname of the adopting parents; the full names of the adoptive parent shall be recorded.
(II) Required Documents
- 1. Applicant's identification and seal (or signature).
- 2. The child's household registry and ROC identification (except in cases where ROC ID has not been issued).
- 3. Court order and documentation of verification.
6. How do ROC citizen parents adopting a foreign child file for adoption?
A:
(I) Application Process
- 1. An attorney must register for adoption with the ROC courts.
- 2. The adopting parents must file application with the child's district Civil Administration Office.
- 3. When the adopting parents are unable to apply in person, they may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office); the jurisdictional Civil Administration Office must approve the person with power of attorney.
(II) Required Documents
- 1. Applicant's identification and seal (or signature).
- 2. The adopting parent's household registry.
- 3. Court order and documentation of verification.
7. How do foreign adoptive parents of ROC citizen children file for termination of adoptive relationship?
A:
(I) Application Process
- 1. The adoptive parents must apply through the child's district Civil Administration Office.
- 2. When the adopting parents are unable to apply in person, they may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office); the jurisdictional Civil Administration Office must approve the person with power of attorney.
- 3. The child shall revert to his/her birth name; the full names of the adoptive parent shall be deregistered.
(II) Required Documentation
- 1. Applicant's identification and seal (or signature).
- 2. The child's household registry and ROC identification (except in cases Where ROC ID has not been issued).
- 3. Legal documentation certifying termination of adoption which is recognized by ROC and foreign laws. (Those filing abroad must have documentation notarized by an ROC embassy/consulate/trade office.)
8. How do ROC citizen adoptive parents of foreign children file for termination of adoptive relationship?
A:
(I) Application Process
- 1. The adoptive parents must apply through their district Civil Administration Office.
- 2. When the adoptive parents are unable to apply in person, they may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office); the jurisdictional Civil Administration Office must approve the person with power of attorney.
(II) Required Documentation
- 1. Applicant's identification and seal (or signature).
- 2. Legal documentation certifying termination of adoption which is recognized by ROC and foreign laws. (Those filing abroad must have documentation notarized by the ROC embassy/consulate/trade office.)
9. How to register marriages between ROC citizens and foreigners?
A:
(I) Application Process
1. Those marrying in the ROC
- (1) File an application through the district Civil Administration Office of the ROC citizen.
- (2) Applicants who are unable to apply in person may appoint a representative by power of attorney; the jurisdictional Civil Administration Office must approve the person with power of attorney.
2. Those marrying abroad
- (1) File an application through the district Civil Administration Office of the ROC citizen.
- (2) Applicants who are unable to apply in person may appoint a representative by power of attorney ; that person with power of attorney must be approved by the jurisdictional Civil Administration Office.
- (3) Applicants who have not yet transferred their household registration abroad may register their marriage in the district of their residency; applicants who have already transferred their household registration abroad shall first apply for re-registration to Taiwan before filing an application for registration of marriage.
- (4) Applicants must request, in person, through an ROC embassy/consulate/trade office that their marriage registration application be forwarded to the appropriate district Civil Administration Office.
(II) Required Documents
1. Those marrying in the ROC
- (1) Household registration, ROC identification and seal for the ROC citizen.
- (2) Marriage certificate.
- (3) Identification of the foreign spouse which has been reviewed by an ROC embassy/consulate/trade office for verification of single status.
2. Those marrying abroad
(1) If applying through the ROC district Civil Administrative Office.
- a. Household registration, ROC identification and seal for the ROC citizen.
- b. Original and Chinese translation of marriage license which has been notarized by the ROC embassy/consulate/trade office.
- c. Identification of the foreign spouse which has been reviewed by an ROC embassy/consulate/trade office for verification of single status.
(2) If applying abroad through an ROC embassy/consulate/trade office
- a. Marriage license
- b. Documentation of the foreign spouse's single status.
10. How to register ROC citizens and foreigners file for divorce?
A:
(I) Application Process
1. Divorcing in the ROC Both husband and wife must file at ROC citizen spouse's district Civil Administrative Office.
2. Couples divorcing abroad
- (1) File with the ROC citizen spouse's district Civil Administration Office.
- (2) Applicants who are unable to apply in person may appoint a representative by power of attorney; the jurisdictional Civil Administration Office must approve the person with power of attorney.
- (3) Applicants who have not yet transferred their household registration abroad must register their divorce in the district of their residency; applicants who have already transferred their household registration abroad shall first apply first for re-registration to Taiwan before filing an application for divorce.
- (4) Applicants must request, in person, through the ROC embassy/consulate/trade office and the registration of divorce must be hand/send.
(II) Required Documents
1. Couples divorcing in the ROC
- (1) Household registration, ROC identification and seal for the ROC citizen.
- (2) Identification of the foreign spouse.
- (3) Divorce papers (bearing signature of two witnesses); in the case of a court-ordered divorce, the court order and documentation of authenticity.
2. Couples divorcing abroad
(1) If applying through the ROC district Civil Administrative Office.
- a. Household registration ROC identification and seal for the ROC citizen.
- b. Identification of the foreign spouse.
- c. Original and Chinese translation of divorce papers which have been notarized by an ROC embassy/consulate/trade office; in the case of a court-ordered divorce, original and Chinese translation of notarized court order.
(2) If applying abroad through an ROC embassy/consulate/trade office
- a. Divorce papers.
- b. Documentation of foreign spouse's single status.
(III) At the time of filing registration for divorce, the spouse who has assumed the surname of the other should apply to revert to his/her own surname.
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