Incompatible nationalities
Going to the United States to give birth and taking a foreign born child back to China usually proves relatively easy. The difficult part starts only later, as Song Jingwen is starting to understand. Because her son has a U.S. passport, the law does not allow him to be registered in his mother's local area, which means that he will not be automatically admitted to Chinese schools. Song will have to register him as a foreigner, and pay an extra fee. His access to education and health care also faces a lot of constraints.
"Some parents obtain fake birth certificates for their children, or cheat the Chinese Embassy to get them Chinese passports. But then they can't get visas or go abroad," Song explains. She is still hesitating on what to do next. If Song gets her son a fake hukou (the Chinese registration system), which would make it easier for him to go to a local school, she fears that all the efforts she has made up to now could be in vain.
A few years ago, Zhao Yong easily obtained a Shanghai hukou for his American born child. "Every time we want to go to the States, we have to get the Hongkong-Macao permit to go though Chinese customs, go to Hong Kong, then fly to the United States and enter the country with the American passport," Zhao Yong says. "The trip is a little bit complicated, but if we fly directly from Shanghai to the States, we won't be able to hide the truth."
Under Chinese law, double nationality is prohibited. According to the American Embassy, once a child has obtained a Chinese hukou, he is considered to have given up his American nationality. The United States is not the only country with strict regulations. A child born in Hong Kong doesn't get the Hong Kong resident identity card right away, but has to go back to Hong Kong regularly - every year or two until he is 18 - in order to register as a "returned resident," and keep his nationality.
The so-called 'citizen's welfare'
According to the 14th Amendment to the U.S. constitution (ratified in 1868), anyone born in United States automatically becomes an American citizen and obtains access to public education, university loans, voting, and so on... Even so, if one does not work in America or pay taxes after the age of 15, one can only enjoy very limited access to U.S. welfare benefits. "The system doesn't totally exclude people who don't pay taxes here, but those who do not pay as much tax as Americans do cannot expect the same benefits. But each state has different regulations," says Mr. Yang, a Chinese born man who works in New Jersey and has a green card.
"Giving birth to a child in the States is a wonderful dream, but a very costly one too," Song Jingwen concludes. "People who choose to go down this path must know that they will not be paying only for birthing and post birthing care, but they will also be paying a lot more for the whole life." --
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