The uniqueness of nationality cases relating to Macau derives from the particular legal status of the territory until 20 December 1999.
The Government of the Portuguese Republic and the Government of the People’s Republic of China established, through the Joint Declaration embodied in Resolution of the Assembly of the Republic No. 25/87, that the Macau region (including the Macau Peninsula, Taipa Island and Coloane Island, hereinafter collectively referred to as Macau) would become part of Chinese territory. The Government of the People’s Republic of China assumed the exercise of sovereignty over Macau from 20 December 1999 onwards.
1. Legal Framework
The legal framework governing the nationality of individuals born in Macau originates with the Seabra Civil Code and was later regulated by Law No. 2098 of 29 July 1959, a fundamental statute governing Portuguese nationality during the Estado Novo period, subsequently repealed by the current Nationality Law approved by Law No. 37/81 of 3 October.
The entry into force of Law No. 37/81 marked a structural change in the legal regime governing nationality applicable to individuals born in Macau. Prior to its enactment, the principle of ius soli prevailed, under which Portuguese nationality was granted based on birth within Portuguese territory, irrespective of the nationality of the parents.
Following the entry into force of Law No. 37/81, the principle of ius sanguinis became predominant, meaning that nationality came to be based essentially on descent. Consequently, children born in Macau to a Portuguese father or mother were considered Portuguese nationals, as well as children of Portuguese citizens born abroad, provided that they declared their intention to be Portuguese.
2. Full Legal Representation in Portugal
We provide comprehensive legal assistance in Portuguese nationality proceedings through powers of attorney, including all related registration and civil status matters, namely:
- Birth registration transcription proceedings;
- Birth registration applications;
- Marriage transcription proceedings;
- Death registration transcription proceedings;
- Recognition and confirmation of foreign divorce judgments;
- Civil registry record searches.
The transfer of sovereignty over Macau to the People’s Republic of China does not, in itself, compromise the maintenance of Portuguese nationality for those born there, nor the rights of their descendants and may, in certain circumstances, ensure the continuity of the legal and historical bond with the Portuguese State across generations.
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