Hong Kong settlement policy for children born from non-residents

Hong Kong’s non-parenting policy:

Hong Kong’s non-parenting policy refers to the limited privileges of babies in Hong Kong whose parents are non-Hong Kong permanent residents or non-Chinese citizens. Live, study and work on a busy island. The policy, enacted in 1998, allows foreign babies to obtain Hong Kong permanent resident status at birth, receiving economic benefits and political rights. During the period when the policy was promulgated, more than 111,000 foreign babies have been born in Hong Kong and enjoy the rights to study, work and reside in Hong Kong.

The advantages and disadvantages of Hong Kong’s non-parenting policy:

Advantages: Hong Kong’s dual non-parenting policy allows more foreign babies to obtain Hong Kong permanent resident status, thereby enjoying economic benefits and political power. These babies can study, work and live in Hong Kong and contribute to Hong Kong's economic development.

Disadvantages: First, the excessive number of foreign babies born will put pressure on Hong Kong’s medical system, especially in terms of popularizing vaccines. In addition, the birth of foreign babies may also lead to false certificates, thus damaging the social atmosphere in Hong Kong. Hong Kong’s dual-child policy has brought benefits to Hong Kong, but it will also bring certain pressures.

To sum up, mainlanders who give birth to children in Hong Kong must have a Hong Kong household registration. If the child's father is a Hong Kong resident, he can apply for the child's naturalization to the Immigration Department of the Hong Kong Special Administrative Region. However, whether the child can obtain naturalization depends on his specific circumstances and Hong Kong law. If the child is born out of wedlock, the child's father needs to provide evidence to prove it. Only if he is the biological father of the child can he apply for a second child. Specifically, China’s new family planning policy for the second child is as follows: A married couple who has one child who has been diagnosed with a non-hereditary disability by a designated medical institution and cannot grow into a normal workforce. Both parties are only children.

Legal basis:

Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China

The father, mother or Both parties must be Chinese citizens born in Hong Kong, or Chinese citizens who have lived in Hong Kong continuously for more than 7 years before or after the establishment of the Hong Kong SAR, and their children can have permanent resident status.