Bulletin of the People's Congress of Shanxi Province

Text:

Chapter 2 Fertility Regulation

Article 15 Subject to application and approval, couples can have a second birth under any of the following circumstances:

1. The first child is diagnosed by professional medical institutions above prefecture/city level of having non-genetic disabilities that will prevent him or her from growing up into an able-bodied person;

2. Both parties are the only child in the family;

3. Both parties are members of ethnic minorities or overseas returnees.

Subject to approval, couples who have been diagnosed - by medical institutions or family planning technical service organizations above prefecture/city level - of being infertile on the part of either party and who have adopted a child can have one child of their own if the wife becomes pregnant.

Couples who meet conditions specified in Clause 1 of Article 1 and who want to have a child, as well as couples who meet conditions of Clauses 2 and 3 of Article 1 and Article 2, with either or both parties being non-agricultural residents, and who want a child can have a child with permission from family planning authorities at prefecture/city level.

Couples who want a child, with both parties being agricultural residents, and who meet conditions of Clauses 2 and 3 of Article 1 and Article 2, shall seek approval from family planning authorities at county/city/district level.

Article 16 Couples with both parties being agricultural residents can have a second child with approval from family planning authorities at county/city/district level if they meet any of the following conditions:

1. Their only child is female;

2. Have lived in poor mountainous areas not listed in the government's migration plans for more than seven years and have only one child;

3. Men married to and live with families with no son and taking care of parents-in-law;

4. Men whose brother or his wife, aged over 30, is diagnosed by medical or family planning technical service institutions above county level of being infertile;

For families with more than one daughter where the sons-in-law live with and take care of the parents-in-law, only one couple may have a second child if more than one couple apply.

Article 17 Remarried couples can have one child of their own with approval from family planning authorities at county/city/district level under any of the following circumstances:

1. One party has a child but the other doesn't;

2. One party is widowed with two children but the other has none;

3. Both parties have a child from previous marriage and both children live with their natural mother/father;

Article 18 Couples who participate in a family planning pilot program, scientific research or other programs can have a second birth if they so wish subject to approval from the provincial family planning authorities.