
The current Article 11 of the Nationality Law of the Republic of China, which covers the right of nationals to voluntarily give up their nationality, gives parents the right to decide their children’s nationality. (If a child disagrees with the parents’ decision, he or she can personally apply for restoration of citizenship under Article 15 at at any time following majority.) The Ma administration’s draft nationality law amendments first floated in March 2012 include a proposal to extend this principle to all persons without legal capacity, including adults. (Brockers have long expressed concern about the lack of a corresponding right in U.S. nationality law.)
Specifically, the administration’s amendment would add the below-underlined Subparagraph 1 to Article 11, Paragraph 1 of the Nationality Law:
第十一條 |
Article 11 |
| 中華民國國民有下列各款情形之一者,經內政部許可,喪失中華民國國籍: | A person who is a national of the Republic of China to whom any one of the below subparagraphs is applicable may, upon approval by the Ministry of the Interior, lose the nationality of the Republic of China: |
| 一、由外國籍父、母、養父或養母行使負擔權利義務或監護之無行為能力人或限制行為能力人,為取得同一國籍且隨同至中華民國領域外生活。 | 1. A person who does not have legal capacity or has limited legal capacity, for whom legal responsibility or guardianship is exercised by a father, mother, adoptive father, or adoptive mother of foreign nationality, in order to acquire the same nationality and to accompany [that person] in living outside the territory of the Republic of China. |
| 二、為外國人之配偶。 | 2. Is the spouse of a foreigner. |
| 三、年滿二十歲,依中華民國法律有行為能力,自願取得外國國籍。 | 3. Has reached the age of 20 years, has legal capacity under the laws of the Republic of China, and voluntarily acquires the nationality of a foreign country. |
| 依前項規定喪失中華民國國籍者,其未婚未成年子女,經內政部許可,隨同喪失中華民國國籍。 | The unmarried minor children of a person who loses the nationality of the Republic of the China under the preceding subparagraphs, upon approval by the Ministry of the Interior, concurrently lose the nationality of the Republic of China. |
This has not yet been brought up for a vote in the Legislative Yuan (the unicameral legislature), due to controversy over other parts of the Nationality Law. In particular, protests continued to be held as recently as last week over the ill-defined “good conduct” requirement for naturalisation in Article 3. So far, the proposed amendments to Article 11 have received little attention either in Sinophone or Anglophone newspapers; most attention has been focused on other provisions relating to naturalisation & dual citizenship.

