Q & A
About Registration of Birth
About Registration of Adoption
Q1: How do foreign parents adopting a child with ROC citizenship file for adoption?
Q2: How do ROC citizen parents adopting a foreign child file for adoption?
About Registration of Marriage
Q1: How are marriages between ROC citizens and foreigners registered?
About Registration of Divorce
Q1: How do ROC citizens and foreigners file for divorce?
Answers:
About Registration of Birth
Q1: How do parents of a child born legitimately to a foreign national father and ROC national mother file the child's household registration?
A1: The ROC uses "blood line" as determination of heritage; therefore such a child is considered a foreign national first (following the father) and secondarily as an ROC national (following the mother).
If the father is an ROC national at the time of the child's birth, or the father has no nationality and the mother is an ROC national, or both parents have no nationality and the child is born in the ROC, the child will be considered an ROC national.
Parents of children born to a foreign national father and wishing to register the child as an ROC national must apply for that 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".
Q2: How do parents of a child born out of wedlock to a foreign national father and ROC national mother file the child's household registration? How does the biological father file for paternity?
A2: (I) Filing for household registration:
1. Application Process:
(1) Child born in the ROC
a. The biological mother shall file application with the household registry office of her resident area.
b. When the biological mother cannot apply in person, a representative may file on her behalf.
(2) Child born abroad
a. If the child is younger than 12, entering the ROC using an ROC passport, entry permit or foreign passport and the mother has legal residency status in Taiwan, the other may apply for permanent residency for the child and, with that, apply for household registration.
b. If the child is older than 12, application must be filed in accordance with Articles 5, 6, 9 and 11 of he "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 two 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) Adopting parent to apply through the Household Registration 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); that person with power of attorney must be approved by jurisdictional Civil Administration Office.
(3) A child whose biological father has a Chinese surname may apply for a name change to reflect father's surname.
(4) Residency and citizen status will be lost upon adoption by a foreign parent.
2. Required Documents
(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).
Q3: How do parents of a child born legitimately to an ROC national father and a foreign national mother file the child's household registration?
A3: (I) Application Process
1. Children born in the ROC
(1) Either parent may apply through the Household Registration 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, entering the ROC using an 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 with that apply for household registration.
(2) If the child is older than 12, application for 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 two 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.
Q4: 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?
A4: (I) The 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 that 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 application with Household Registration 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); that person with power of attorney must be approved by the jurisdictional Civil Administration Office.
(2) When the child has acquired ROC citizenship, the adoption application shall be recorded in the child's household registration.
a. The adopting parent must file application with the Household Registration 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); that person with power of attorney must be approved by jurisdictional Civil Administration Office.
c. The child shall assume the father's surname.
2. Required Documents
(1) When 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) When 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 applicant may sign).
c. Child's ROC identification (except in cases where ROC ID has not been issued).
d. Child's or adopting parent's household registration.
About Registration of Adoption
Q1: How do foreign parents adopting a child with ROC citizenship file for adoption?
A1: (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 Household Registration 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); that person with power of attorney must be approved by jurisdictional Civil Administration Office.
4. The child's surname may be changed to that 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.
Q2: How do ROC citizen parents adopting a foreign child file for adoption?
A2: (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 Household Registration 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); that person with power of attorney must be approved by jurisdictional Civil Administration Office.
(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.
Q3: How do foreign adoptive parents of ROC citizen children file for termination of adoptive relationship?
A3: (I) Application Process
1. The adoptive parents must apply through the child's Household Registration 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); that person with power of attorney must be approved by jurisdictional Civil Administration Office.
3. The child shall revert to his/her birth name; the full names of the adoptive parent shall be de-registered.
(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 the ROC embassy/consulate/trade office.)
Q4: How do ROC citizen adoptive parents of foreign children file for termination of adoptive relationship?
A4: (I) Application Process
1. The adoptive parents must apply through their Household Registration 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); that person with power of attorney must be approved by jurisdictional Civil Administration Office.
(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.)
About Registration of Marriage
Q1: How are marriages between ROC citizens and foreigners registered?
A1: (I) Application Process
1. Those marrying in the ROC:
(1) File application through the Household Registration 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.
2. Those marrying abroad:
(1) File application through the Household Registration 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 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 transferred their household registration abroad shall apply first for registration to Taiwan before filing application for registration of marriage.
(4) Applicants must request, in person, through 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 license.
(3) Identification of the foreign spouse which has been reviewed by the ROC embassy/consulate/trade office for verification of single status.
2. Those marrying abroad:
(1) If applying through the ROC Household Registration 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.
(2) If applying abroad through the ROC embassy/consulate/trade office
a. Marriage license.
b. Documentation of foreign spouse's single status.
About Registration of Divorce
Q1: How do ROC citizens and foreigners file for divorce?
A1: (I) Application Process
1. Divorcing in the ROC Both husband and wife must file with the ROC citizen spouse's Household Registration Office. (In the case of a disputed divorce, only one spouse need file.)
2. Divorcing abroad
(1) File with the ROC citizen spouse's Household Registration Office.
(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 jurisdictional Civil Administration Office.
(3) Applicants who have not yet transferred their household registration abroad must register their divorce in the district of their residency; applicants who have transferred their household registration abroad shall apply first for re-registration to Taiwan before filing application for divorce.
(4) Applicants must request, in person, through the ROC embassy/consulate/trade office that their registration for divorce be forwarded to the appropriate Household Registration Office.
(II) Required Documents
1. Those divorcing in the ROC:
(1) Household registration, ROC identification and sea or signaturel 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. Those divorcing abroad:
(1) If applying through the ROC Household Registration Office.
a. Household registration, ROC identification and seal or signature for the ROC citizen.
b. Identification of the foreign spouse.
c. Original and Chinese translation of divorce papers which have been notarized by the 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 the 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.
