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NATIONALITY LAW OF THE PRO
ality was already acquired through the Chinese parent.
2. Foreign Naturalization
309
Voluntary acquisition of foreign nationality by a Chinese citizen settled in China could also result in dual nationality, as the provision for automatic forfeiture is not applicable to Chinese residing in China. Dual nationality results because the PRC Government cannot prevent its own citizens from acquiring foreign nationality, even if they are set- tled inside the country. Yet, these resident Chinese must apply for gov. ernment consent to renounce Chinese nationality. In fact, an individual may choose to obtain the foreign nationality before renouncing the Chinese one, as temporary statelessness would otherwise result. Since some countries permit the existence of dual nationality and grant na. tionalities to citizens of other countries, a Chinese so graced becomes a dual national until the Ministry of Public Security approves his renun- ciation of Chinese nationality.108
3. Change in Personal Status
As stated earlier, under the new Chinese law a change in the per- sonal status of an individual by marriage or adoption has no automatic derivative effect on a spouse's nationality, or on that of an adopted child. This results in both the naturalization and the denaturaliza- tion situations. Hence, a Chinese woman married to a foreigner does not automatically lose her Chinese nationality-even if her husband's country subscribes to the notion of derivative nationality-as long as she remains settled in China. The same is also true for the adopted child in a similar situation. The child would become a dual national if the foreign husband or adopting parents' country awards nationality to the Chinese wife or adopted child on a derivative basis. Conversely, a Chinese woman or child settled in China whose legal relationship dis- solved would lose her or his derivative nationality and retain Chinese nationality alone.
103. 1980 Nationality Law, art. 10.
104. See supra notes 48 and 50 and accompanying text.
105. According to conflict of laws principles, the woman is derivatively naturalized as a foreigner under the law applicable to her husband. At the same time, however, she retains her Chinese nationality until formally renouncing it under Chinese law. Hence, she becomes a dual national. If she remains in China, her foreign nationality will not be recognized and she will be treated as Chinese. If she voluntarily joins her husband over- seas, she is deemed to have voluntarily acquired the foreign nationality, and because she settled abroad, the woman automatically loses Chinese nationality under the 1980 Na- tionality Law, art. 9.
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