Must a Dual-National Child Choose One Nationality at 18? What China’s Nationality Law Really Says

Where does this myth come from?

In the comment sections of Douyin, Xiaohongshu and Weibo, any mention of “dual nationality” draws the same replies: “You must choose one after 18”, “Two nationalities can’t coexist”, “China doesn’t recognise dual nationality, so you have to give one up.” The claim is so widespread that even some border officers and police believe it.

In fact, China’s Nationality Law has never said a person must choose at 18. The myth can be traced to media coverage in 2010, when a famous basketball player had a child in the United States. As the public debated the child’s nationality, media and social accounts quietly swapped “China does not recognise dual nationality” for “you must choose one” — and the misunderstanding has circulated for more than a decade.

What does the Nationality Law actually say?

The Nationality Law of the People’s Republic of China (《中华人民共和国国籍法》) has 18 articles. Those most relevant to dual nationality are:

• Article 3: The PRC does not recognise dual nationality for any Chinese national.
• Article 4: Any person born in China whose parents are both Chinese nationals, or one of whose parents is a Chinese national, has Chinese nationality.
• Article 5: Any person born abroad whose parents are both Chinese nationals, or one of whose parents is a Chinese national, has Chinese nationality; but a person whose parents are both Chinese nationals and have settled abroad, or one of whose parents is a Chinese national who has settled abroad, and who acquired foreign nationality at birth, does not have Chinese nationality.
• Article 9: Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of their own free will automatically loses Chinese nationality.
• Article 15: Nationality applications are handled in China by the city or county public security bureau, and abroad by Chinese diplomatic and consular missions.

Note that the law only says China does not recognise a Chinese citizen’s foreign nationality — meaning the foreign passport is not treated as a valid travel document inside China. Nowhere does it require anyone to “give one up” at 18 or on reaching adulthood.

A real case: a 24-year-old US citizen still renewing his Travel Document

We have worked with a young man born in the United States in 2002. He is now 24, long an adult, and holds both a foreign passport and a Chinese Travel Document (中华人民共和国旅行证). His most recent Travel Document was issued in December 2025 — in other words, as an adult he can still lawfully obtain one.

Similar cases are common. Based on public reports and our own client files, US-born children of Chinese parents (often called “美宝”) routinely continue to renew Travel Documents after 18, register a hukou in China and use the Travel Document to enter and leave the country.

Practical points to keep in mind

Although there is no “choose at 18” rule, several details still matter:

• Chinese border control generally recognises the Travel Document, not the US passport, for entry — so using the Travel Document for trips home is smoother.
• Some employers’ HR departments in China are unfamiliar with the Travel Document and may ask for a Chinese visa or Chinese passport copy; raise this with them in advance.
• After the child becomes an adult, hukou and ID-card matters must be handled where the hukou was cancelled or at the place of origin. Register a hukou early; otherwise DNA and parentage testing procedures can become complicated.
• If the child later wants to apply to a Chinese university as an international student, they may be asked to renounce Chinese nationality first — a separate topic not covered here.

Common misconceptions at a glance

Myth 1: You must choose at 18. Wrong. The law has no such provision.

Myth 2: Getting a US passport means giving up Chinese nationality. Wrong. Chinese nationality is lost automatically only when a person has both “settled abroad” and “voluntarily acquired foreign nationality”.

Myth 3: Only a Chinese passport can be used to enter and leave China. Not entirely. For minors with nationality conflict, China issues the PRC Travel Document, which serves in place of a passport.

Myth 4: A US passport is completely useless in China. It is restricted in some settings (domestic banking, employment, social insurance), but can still serve as proof of identity.

If your family faces a similar question

Wang Xin’s team, which handles foreign-related family matters and cross-border identity, provides:

• Document planning for children with nationality conflict: Travel Document applications, hukou registration, schooling in China.
• Solutions for adults with nationality conflict, including explaining why the “choose one” claim is a myth so you are not misled.
• Advice on compliant routes for the overseas-Chinese joint university entrance exam and the CSCA exam.
• Assessing how to properly renounce Chinese nationality after naturalising abroad, and when nationality is lost automatically.
• End-to-end handling of applications to restore Chinese nationality.

If you have a specific question, call +86 186-0113-9509 or add WeChat wang223040 to speak with Wang Xin.

This is an English edition of Wang Xin’s original Chinese article, 双重国籍的孩子18岁必须二选一？中国国籍法的真相. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.