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Chapter 2 Deferred Marriage and Childbearing and Spaced and Healthier Childbirth

Article 10 Couples with both parties being urban residents and falling into any one category of the following can have a second birth:

• The first child has non-genetic defects and unable to grow up to be a normal laborer;

• Having adopted one child in accordance with law before becoming pregnant;

• Both parties are returned overseas Chinese.

Article 11 Couples with both parties being rural residents and meeting the requirements in Article 10 of this Regulation, if falling into any one category of the following, can have a second birth:

• Either party comes from an only-child family for at least two generations;

• The husband is married to and live with a family with only one female child;

• Either party is a soldier with second class, second degree or above of disability; Either party loses the ability to work because of acquired disability;

• Their only child is female.

Article 13 Remarried couples with one party having a child but the other none can have a child of their own. 

Article 16 Encourage healthier childbirth and rearing.

Regulations in the Marriage Law on prohibition of marriages between close relatives must be strictly implemented. 

Efforts shall be made to advocate and promote premarital health examination, provide guidance on healthier childbirth and rearing, and improve health care of perinatals and infants.

Diagnosed and confirmed by a family planning technical steering group above county level, reproductive-age couples with either party having a serious genetic mental illness, congenital mental disability or disease medically considered inappropriate for childbearing shall have sterilization or take other contraceptive measures.

For couples of childbearing age who are mentally ill or disabled at birth, their parents or guardians shall take responsibility and make sure they have sterilization or take other contraceptive measures.

No institutions or individuals shall be allowed to conduct sex identification of fetus unless medically warranted.