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Your Child's Name in a U.S.–Taiwan Family: Taiwan's Surname Agreement, Chinese Name Rules and the CRBA

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"The English names listed on the HRT should be the names entered on the CRBA application, and those names will be used in your child's CRBA." That line is from the American Institute in Taiwan's checklist for a Consular Report of Birth Abroad. It applies whenever one or both parents have a Taiwan household registration, valid or cancelled (AIT checklist). In practice, the name your child carries in U.S. records starts in a Taiwan household registration office.

The Chinese name comes first

A child with a parent who is a Republic of China national at the time of birth is an ROC national (Nationality Act Article 2). AIT's FAQ puts the consequence plainly. The child has to be placed on the Taiwanese parent's household registration and must leave Taiwan on a Taiwan passport (AIT FAQ).

Registration is due within 60 days of birth for a child born in Taiwan (Household Registration Act Articles 6 and 48). Before that, the parents must agree in writing whether the child takes the father's or the mother's surname. No agreement, or no meeting of minds, means drawing lots at the office (Civil Code Article 1059, paragraph 1). Parents may change it once by written agreement while the child is a minor, and an adult child may change it once (Article 1059, paragraphs 2 to 4).

Then the given name. The child's Chinese name must follow Taiwanese naming custom, may be changed once, and may use only characters found in standard dictionaries such as the Ministry of Education's Mandarin dictionary (Name Act Article 1, paragraphs 5 and 6; Article 2). Surname first, given name second, no space or symbol between them (Article 3). The same custom rule covers the Chinese name the American spouse takes in Taiwan.

Paperwork made in the United States needs authentication by an ROC overseas mission, which in the U.S. means a Taipei Economic and Cultural Office, and a foreign-language document needs a Chinese translation that is either authenticated by an ROC overseas mission or certified by a notary in Taiwan (Enforcement Rules of the Household Registration Act, Article 14). For a birth in Taiwan, the Ministry of the Interior's guide asks for the original birth certificate. The surname agreement can be written into the agreement box at the bottom of that certificate and signed by both parents; otherwise a separate surname agreement form is filed (MOI birth registration guide).

Leaving it too long has a price. A late filing without good reason means a fine of NT$300 to NT$900, or NT$900 after a written reminder (Household Registration Act, Article 79). If the family still does nothing, the office registers the child on its own. Lots decide the surname. The office director picks the name (Articles 48-2 and 49).

Where the English name comes from

So what English name goes on the transcript? The Ministry of the Interior's rules for English transcripts set an order. If the person has an ROC passport and the names match, the passport's English name is used. Otherwise the office uses a document that already shows an English name: an ID or official document issued by Taiwan or a foreign government, a hospital birth certificate from Taiwan or abroad, or a school certificate. Only if none exists is the Chinese name transliterated (MOI rules on English transcripts, points 3 and 4).

Taiwan's passport rules work much the same way. A first-time applicant may use a Latin-script name already shown on a foreign government document or a hospital birth certificate; otherwise the name is transliterated from the Chinese. The surname goes first, separated by a comma, and the whole name, spaces included, may not exceed 39 letters (Enforcement Rules of the Passport Act, Article 14). A long American surname plus a middle name can run into that limit.

On the U.S. side

AIT asks for the CRBA before the child turns 18 and suggests applying for the first U.S. passport at the same time (AIT birth services). For a child born in wedlock to one U.S. citizen and one non-citizen, the U.S. parent must have been physically present in the United States for five years before the birth, at least two of them after age 14 (AIT eligibility page). AIT's FAQ also notes that a boy who keeps living in Taiwan may eventually be subject to Taiwan's compulsory military service.

For the wider Taiwan steps, see A Baby in a U.S.–Taiwan Family. For the name, the sequence matters. The English spelling is easiest to settle before the hospital paperwork and the household registration. That transcript feeds the CRBA, and the CRBA in turn is a foreign government document the ROC passport office can follow.

A Taiwan lawyer can prepare the written surname agreement, handle late or ex officio registrations, and file name or surname changes when Taiwan and U.S. documents do not match. Hovering International Law Firm (昊鼎國際法律事務所) offers consultations with an English-speaking lawyer in Taipei at wei@hoveringlaw.com.tw. The Taipei office is at 7F-2, No. 35, Sec. 1, Chengde Rd., Datong Dist., Taipei City 103 (103 臺北市大同區承德路一段35號7樓之2); the Taichung office is at 6F-1, No. 19, Guanqian Rd., North Dist., Taichung City 40453 (40453 臺中市北區館前路19號6樓之1).

Official sources

Checked October 22, 2026.

Frequently Asked Questions

Which English name will appear on my child's CRBA if one parent is Taiwanese?
AIT says that if one or both parents have a valid or cancelled Taiwan household registration, the child's English Household Registration Transcript serves as the birth certificate, and the English names on it should be the names entered on the CRBA application and will be used in the CRBA (AIT application checklist). On the transcript, Taiwan uses the ROC passport name if the names match, otherwise a document already showing an English name, such as a foreign government document or a hospital birth certificate, and only then a transliteration.
Can our child take the American parent's surname in Taiwan?
Yes, if the parents agree in writing before birth registration (Civil Code Article 1059, paragraph 1). The Taiwan registration itself is a Chinese name, though: the characters must appear in standard dictionaries, and the Chinese name of a child of a Taiwanese national and a foreigner must follow Taiwanese naming custom (Name Act Articles 1 and 2). That Chinese name may later be changed once.
What if we miss Taiwan's 60-day deadline?
The office still accepts the registration but sends a written reminder (Household Registration Act Article 48, paragraphs 2 and 3). A late filing without good reason carries a fine of NT$300 to NT$900, and NT$900 if you still do not file after the reminder (Article 79). After that the office registers the child itself: the surname of a child born in wedlock is drawn by lot, and the office director gives the child a name (Articles 48-2 and 49).

This article provides general information and is not legal advice on any individual matter.

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