A baby born in China to foreign parents: the 60-day registration

If a baby is born in mainland China to foreign parents, Article 40 of the Exit and Entry Administration Law sets a 60-day limit for stay or residence registration. The registration is made with the exit/entry administration in the place where the parents stay or reside. The stay-permit guide sets out, in a separate section, the papers to submit and the period a permit may cover.

What the Law says

Article 40, first paragraph, of the Exit and Entry Administration Law reads in the English text published by the National Immigration Administration:

"For foreign infants born in China, their parents or agents shall, within 60 days after they are born, on the strength of the birth certificates, go through the formalities for stay or residence registration for them with the exit/entry administrations of public security organs under people's governments at or above the county level in the places of their parents' stay or residence."

In plain terms, the article says:

• Who: the parents, or agents.
• When: within 60 days after the birth.
• On what basis: the birth certificates.
• Where: the exit/entry administrations of public security organs under people's governments at or above the county level, in the places where the parents stay or reside.

The second paragraph of Article 40 deals with the death of a foreigner in China, not with births.

Where the registration is made

Section 3 of the stay-permit guide (accepting offices) is written in Chinese. The English below is this site's translation of the National Immigration Administration's service guide for the issue, replacement and reissue of foreigners' stay permits (外国人停留证件签发、换发、补发服务指南).

By entrustment from the National Immigration Administration, exit/entry administrations of public security organs at prefecture-level city or above accept and issue stay permits for foreigners. This includes the districts and counties under directly administered municipalities.

County-level exit/entry administrations may also accept and issue stay permits if the provincial-level exit/entry administration has asked the National Immigration Administration for approval and the approval is given, under the entrustment of the National Immigration Administration.

Papers and permit period

Item 5 of section 6(2) of the same guide is also this site's translation of the Chinese text. It reads:

"For a foreign baby born in China who needs to stay in China, the baby's birth certificate, a passport and the passports of both parents shall be submitted, and a stay permit may be issued whose period of stay matches that of the parents."

Item 5 names three sets of papers:

1. The baby's birth certificate.
2. A passport.
3. The passports of both parents.

Item 5 also says that a stay permit may be issued for the baby with the same period of stay as the parents' stay.

Practical suggestion

This is a planning suggestion, not a rule: before you go to the office, check the birth date on the birth certificate, so you can count the 60 days from the right day. For what happens after arrival, see the after-arrival rules.

Sources

• Exit and Entry Administration Law of the People's Republic of China (English text published by the National Immigration Administration), National Immigration Administration
• Service guide for the issue, replacement and reissue of foreigners' stay permits (外国人停留证件签发、换发、补发服务指南), National Immigration Administration (s.nia.gov.cn)

Checked 10 and 11 October 2026

This page is an unofficial summary. It is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre, and it is not legal or immigration advice. If the official text differs from this summary, the official text and the current notice of the office handling your case prevail.