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Chapter 2 Fertility Regulation

Article 8 Couples are encouraged to practice deferred marriage and childbearing. First marriage between men and women who are three years past their respective legal age for marriage is considered deferred marriage; first childbirth given by women aged over 23 is considered deferred childbearing.

Article 9 One couple is encouraged to have only one child. Those who fall into any one category of the following, subject to application and approval from the family planning authorities at county (county-level city, prefectural) level, can have a second birth in accordance with relevant regulations

1. The only child is confirmed by medical identification institutions above city (excluding county-level city) level of having non-genetic defects and unable to grow up to be a normal laborer;

2. Remarried couples with one party having one child from previous marriage and the other having none; or remarried couples with each party having a child from previous marriage but both children are living with their ex-parents according to court rulings or divorce agreements;

3. Couples who have been married for over five years and who are diagnosed by medical institutions above county level of being sterile, and who become pregnant after having adopted a child legally;

4. Both parties are only child in their family;

5. Either party is a miner working in the well or under deep waters for more than five years in a row and still does the same job;

6. Both parties are agricultural residents with only a female child.

Article 10 Ethnic minority people are also encouraged to practice family planning. In ethnic-inhabited areas, couples with both parties being agricultural residents can have a second birth according to population plans and with a proper interval. Specific rules shall be set by the standing committee of the People's Congress of the autonomous county based on local conditions and submitted to the provincial People's Congress standing committee for approval.

Article 11 Those who meet the conditions for having a second birth shall have a birth interval of over four years, except for those who become pregnant after being diagnosed of being infertile and who have adopted a child legally.

Article 12 Couples with one party being an agricultural resident and the other being a non-agricultural resident, contract worker or rural resident living permanently in urban cities, shall follow the fertility regulations binding the agricultural party.

Article 13 Permanent residents in this province with their spouses being residents of Hong Kong, Macao and Taiwan or foreigners, returned overseas Chinese and permanent residents in this province who are currently living abroad, shall comply with this regulation unless stipulated otherwise by relevant department.

Article 14 Out-of-plan births and illegal adoptions are strictly prohibited.

Article 15 Citizens shall abide by relevant regulations on prohibition of marriages between close relatives in the Marriage Law of the People's Republic of China and those having serious genetic diseases considered inappropriate for marriage in the Law on Protection of Health of Mother and Infant of the PRC.

Article 16 Illegal identification of the sex of fetus is strictly forbidden.