|Birth Certificates from China|
Chinese migrants wishing to bring children under the age of 18 over to the Netherlands will be required to provide a legalized birth certificate in which it is clearly stated what the source document was.
The IND (Immigration and Naturalisation Services) has stringent requirements regarding documents originating from China. According to the information available on the Ministry of Foreign Affairs' website, the IND has until now required, for anyone born before January 1st 1996, a legalized certificate as well as a declaration from the hospital at which the birth took place, or the Office of Public Security or from the Ministry of Health. This requirement appears to be untenable.
In a case presented by our China consultant, Mr Adam Diels, the Amsterdam District Court declared that not everyone born in China before January 1st 1996 was able to get a birth certificate. It remained unclear what the source of the information on the Foreign Affairs website was. The requirement that an additional declaration be provided can therefore no longer be adhered to in future cases. In future, similar cases, the opportunity to prove family ties by other means, such as DNA testing, must be made available.