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DIRECTOR OF ADM.
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vided for in the 1909 and 1914 laws, but not in the 1929 statute.
The new law, unlike China's previous laws and the legislation in some other countries," provides that the wife of a naturalized Chinese citizen does not automatically derive her nationality from her hus- band's choice. Similarly, children do not acquire PRC nationality ipso facto when their parents acquire Chinese nationality through naturali- zation. The traditional patriarchal doctrine of derivation, which ignores the desired nationality of the wife and children, is now considered ob- jectionable in China.** The new approach of the 1980 law is the use of nonderivative nationality in favor of free choice.
If all members of a family desire the same nationality, however, the loosely defined grounds for naturalization provide them with an easy method for acquiring Chinese nationality. Since the spouse and the children become "close relatives" of a Chinese national upon the husband's naturalization, the wife may separately apply for naturaliza- tion; the applications of children under eighteen years of age may be filed by their parents or guardians.""
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Parents or guardians may follow an identical procedure to acquire Chinese nationality for an adopted child because China's Marriage Law draws no distinction between adopted and natural children. The procedure is the same for native Chinese and naturalized Chinese par- ents. This view is contrary to that of another commentator who, based on the Kuomintang's repudiated 1929 law and the 1955 Sino-Indone- sian Treaty on Dual Nationality," concluded that after adoption a
applying for naturalization must have already renounced their foreign nationality. Id. at 210. See also 1909 Law, supra note 4, art. III.
47. See, e.g., E.M. FERNANDO, The Constitution of the Philippines 134-35 (1974), For legislation similar to China's new law in this context, see Osakwe, Recent Soviet Citizenship Legislation, 28 Am. J. Comp. L. 625, 636 (1980).
48. See supra text accompanying notes 23-27. See also Ginsburgs, supra note 1, at
480.
49. Article 14 of the 1980 Nationality Law states:
The acquisition, renunciation and restoration of Chinese nationality, with the exception of cases provided for in Article 9, shall go through the formalities of application. Applications for those under the age of 18 may be filed by the mi- nors' parents or other legal representatives.
50. See supra note 40 and accompanying text; Ginsburgs, supra note 1, at 476. 51. 1929 Law, supra note 6, arts. 2 & 8, at 94-95.
52. The relevant provision in the Sino-Indonesian Treaty is art. IX, which states: Any child holding the nationality of the People's Republic of China, if legally adopted by a citizen of the Republic of Indonesia before attaining five years of age, acquires the nationality of the Republic of Indonesia and automatically loses the nationality of the People's Republic of China; any child holding the nationality of the Republic of Indonesie, if legally adopted by a citizen of the People's Republic of China before attaining five years of age, acquires the na-
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