Birth Certificate Unobtainable

[cmtlegacy]

Hi,

 

My fiancee is a HK citizen born in China and I am wondering how she would be able to get a notarized birth certificate in her home town Sichuan coz she got no huko in China now.

 

Also, it would be much appreciated if one could provide me a sample in Chinese and so her mom could at least bring it along with her when go for asking/searching one.

 

Btw, does she have to physically go back to China to obtain one or this is something her mom can help her with?

 

Many thanks!!!

 

 

[Randy W]

Hi,

 

My fiancee is a HK citizen born in China and I am wondering how she would be able to get a notarized birth certificate in her home town Sichuan coz she got no huko in China now.

 

Also, it would be much appreciated if one could provide me a sample in Chinese and so her mom could at least bring it along with her when go for asking/searching one.

 

Btw, does she have to physically go back to China to obtain one or this is something her mom can help her with?

 

Many thanks!!!

 

 

 

If she's still listed in her mother's hukou as a daughter (I would expect that children are listed in a hukou, but don't know), then it shouldn't be a problem. If not, or if her mother ALSO no longer has a hukou - THAT might be a problem. I don't know what records they keep on file - perhaps someone can help you there.

 

Chinese Notarial Documents - see DOS China Reciprocity Schedule

 

 

Most of the documents needed can be obtained from one of China's Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats

 

The documents required are the GongZhengShu 公证书

 

Sample application for documents (your province or hukou may vary):

http://www.bnpo.gov....72115331419.doc

 

http://www.bnpo.gov....ide/detail1.asp

A discussion of the huji (or hukou 户口) system can be found at Hukou System. Chinese residents should go to their hukou for all notarial documents (birth, divorce, and/or single certificate, and police records). For the police record, one obtained at the hukou will cover all of China.

 

A notarial document will be in the standard white notarial booklet, have an official red seal, an English translation, and an attestation to the true translation.

 

If ANY document is unobtainable, you should submit a statement of WHY it is unobtainable, and what effort you made to obtain it.

[Randy W]

Yes - her mother is the place to start. I see that all of my mother-in-law's children are listed in her hukou, even though one (I believe) has his own hukou). My wife's son is also in there, but not his son, who would be part of the son's father's hukou).

 

So it would come down to whether her mother still has a hukou, and, if not, what records are still kept at the Gong Zheng Chu.

[cmtlegacy]

Problem is that her parents divorced years ago and she used to be under her dad's hoku but no longer the case after they both re-married again with their "new" hoku. Plus, she had her own one from her previous marriage but cancelled since moved to HK ten years ago. :sweating_buckets:

[dnoblett]

Here is what NVC has:

 

 

 

Unobtainable birth certificates

 

If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable. You must also submit secondary evidence such as:

• A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)
• An adoption decree for an adopted child
• An affidavit from a close relative, preferably your mother, stating the date and place of birth, both parents names, and your mother’s maiden name.

Note: An affidavit executed before an official authorized to take oaths or affirmations must also be provided.

http://travel.state.gov/visa/immigrants/info/info_3195.html#certificates

 

More: http://travel.state.gov/visa/fees/fees_5455.html?cid=9015

[cmtlegacy]

Thanks all for the input.

 

My fiancée went back to China and started everything from her mom's side.

 

No success for the first visit at Gong Zheng Chu as she was told that US embassy is now required to have both parent's ID listed in the notarized birth certificate.

 

Thanks god she was finally able to get his dad's info thru some sources after some panic days and eventually got it.

[Randy W]

Thanks all for the input.

 

My fiancée went back to China and started everything from her mom's side.

 

No success for the first visit at Gong Zheng Chu as she was told that US embassy is now required to have both parent's ID listed in the notarized birth certificate.

 

Thanks god she was finally able to get his dad's info thru some sources after some panic days and eventually got it.

 

 

That's great news - glad you were able to get the BC.

 

But my understanding is that this supposed "requirement" goes against U.S. law. Birth records of infants are sealed upon adoption, for example.

 

Birth certificates are issued by the Chinese authorities to international standards, NOT according to any "requirements" of the consulates.

 

We are hearing about that in other cases as well. Perhaps that's a new directive from the Chinese government. We've already seen that that would cause major headaches or worse for some people.

[Randy W]

I found this in the Global Times (a Communist Party newspaper for a global audience), but it only applies to those born after June 2,2012. To apply it to older cases would cause some serious difficulties, as you have seen. The article also seems to imply that if you have a Chinese ID, then you have met the requirements for a birth certificate, since you need a birth certificate to apply for Chinese ID or hukou.

 

It would seem to be a serious misapplication of this law to DENY a birth certificate to an adult who is unable to provide the parental proof.

 

The article is dated June 3, 2013

 

Birth certs require parental proof

 

The regulation was passed on June 2, 2012, and affects all children born after that date, meaning any parent of a 1-year-old child without a birth certificate will now have to prove their paternity, according to the agency's website.

In general, parents should provide their ID cards within 30 days of the birth to local hospitals or birth management authorities to get a certificate, says the local regulation.

But from now on, if the child is older than 1 and has no birth certificate, the mother must submit documents, including the parents' ID cards, their birth records, the certificate of the parental test and an explanation of why they were late in applying for the certificate. The regulation does not stipulate whether both of the parents need to provide a test certificate.

Chinese birth certificates are necessary to apply for hukou, or household registration, and ID cards, according to the regulation released on the department's website on May 17, 2012.