I am an Indian, my girlfriend is Chinese. Our baby is now just one week old. We went to the hospital for the birth certificate. They told me that we have to submit a marriage certificate in 50 days.

I don't see any way to get a marriage certificate because it costs a lot (not only financially). How can I take him to outside China or get a Chinese passport?


Go to the indian embassy and get an indian passport?

Citizenship by descent

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian diplomatic mission within one year of the date of birth. In certain circumstances it is possible to register after one year with the permission of the Central Government. The application for registration of the birth of a child must be made to an Indian diplomatic mission and must be accompanied by an undertaking in writing from the parents of the child that he or she does not hold the passport of another country.


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    This is probably a good plan. The next tricky bit will be getting a Chinese exit visa for the newborn. For both parents being foreigners it's some paperwork but not a problem (I've done exactly that), but the Chinese authorities may have a different view if the mother is Chinese. Apr 8 '18 at 22:27
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    @GregHewgill from OP's earlier questions, the mother is a Chinese national. OP and his partner have not registered a marriage in either India or China, or may not be married (refers to her as girlfriend). Without a marriage certificate, it may be difficult, if not impossible, to obtain the birth record China requires for identify papers/passport to be issued.
    – Giorgio
    Apr 9 '18 at 15:37

According to the PRC Nationality Law, a child born in China to at least one Chinese citizen parent is automatically a Chinese citizen. According to India's citizenship act, a child born outside India to at least one Indian citizen parent is an Indian citizen by descent if registered within one year of birth and the parent declares that the child does not hold a foreign passport. I don't know whether such a registration of the child for Indian citizenship would be considered by China as a voluntary acquisition of a foreign nationality that would cause loss of Chinese nationality.

If you register the child as an Indian citizen and get the child an Indian passport, I believe that, no matter if the child is still considered a Chinese citizen or not, the child would still get an entry/exit permit to exit China. Chinese dual-citizen children do not travel with PRC passports -- they enter and exit China with their foreign passport plus either a Chinese Travel Document (which can only be obtained abroad) or an Entry/Exit Permit (obtained in China). So even if the child is still considered a Chinese citizen after being registered as an Indian citizen, you would still be looking to get an entry/exit permit, and not a PRC passport.

I am not sure about the effects of not having a marriage certificate on getting the child an Indian passport and/or getting a Chinese entry/exit permit.

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