incorporated association which facilitated A’s adoption through a special adoption
process, the embassy “responded that the Chinese government would not receive the
notification of the minor’s birth.”209
Chinese Nationality Law allows both the father and mother to pass on Chinese
nationality. Article 5 states “Any person born abroad whose parents are both Chinese
nationals or one of whose parents is a Chinese national shall have Chinese nationality.
But a person whose parents are both Chinese nationals and have both settled abroad, or
one of whose parents is a Chinese national and has settled abroad, and who has acquired
foreign nationality at birth shall not have Chinese nationality.”
In accordance with this text of the law, it can be understood that A has indeed acquired
Chinese nationality, which is the nationality of B, A’s mother. However, the embassy
(consulate section) clearly refused to receive A’s birth registration. This likely means that
the embassy, which is the competent authority on nationality matters, applies the law in
such a way that a child born out of wedlock is not to be considered a national by refusing
to register his or her birth registration. A is thus considered to be stateless.
A was put under the care of a Japanese couple soon after his or her birth, and the
decision was made for A to be adopted by the couple through a special adoption process.
Indeed, A’s nationality status was assessed as “stateless” by the relevant regional
immigration bureau when an application for A’s residency permit in Japan was made after
the decision for A to be adopted.
Furthermore, the relevant family court, in considering whether the legal requirements
for adoption were met in the context of the petition to confirm the adoption arrangement
through the special adoption procedure, determined A to be stateless, and it decided that
Japanese law, which is the law of A’s habitual residence, was the relevant law to A’s
personal status.210 The family court concluded so by taking into consideration facts such
as that A’s birth registration was denied by the embassy of China and that “the
possession/non-possession of Chinese nationality of the minor (A) is a matter essentially
to be determined by the Chinese authorities.” A, by being adopted by Japanese nationals,
is eligible for facilitated naturalization as long as A meets the residency requirement of
one year in Japan (Article 8 (ii) of the Nationality Act).
2. < Case 16 > A child born out of wedlock from a father and mother of Myanmar
nationality who could not have his or her birth registered by the Myanmar embassy in
Japan
(1) Case summary
209
210
Sendai Family Court, Adjudication, 24 June 2016 (Heisei 28 Nen), supra note 30.
Ibid.
104
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