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Chapter 2 Birth Control and Healthy Birth

Article 7 A birth permit system is applied for family planning purposes. Couples who meet conditions and want to have a child shall apply for a birth permit before giving birth in accordance with the following rules:

1. Couples who want to have a first birth shall get approval from the government at town/township level or neighborhood committee at the woman's place of residence and be issued a birth permit, with their marriage certificate, ID cards or Hukou, and a certificate issued by the employer of the couple or village/neighborhood committee.

2. Couples who meet conditions in Article 8 and who want to have a second birth shall apply to the neighborhood committee or town/township government and get approval from the family planning authorities of the county government at the woman's place of household registration, with a fertility certificate issued by the employer of the couple. After approval, the family planning authorities shall issue the couple a Second Birth Permit. If both parties are agricultural residents, their application shall be handled by the town/township government at the woman's place of household registration and a birth permit shall be issued to the couple, if approved.

3. Couples who are childless after getting married for five years with either party being diagnosed by medical institutions designated by the family planning authorities of being infertile, and who become pregnant after having adopted a child legally, can apply for a birth permit in accordance with Clause 1 of this article. Those who give birth against relevant regulations shall be considered out-of-plan births.

Article 8 Couples who meet any one of the following conditions can only have a second birth after getting a Second Birth Permit:

1. Both parties are only child in their family and they have only one child;

2. The only child is dead;

3. The only child is diagnosed by family planning technical identification team at two levels above county level of having genetic defects and being unable to grow up to be a normal laborer;

4. Couples who have only one child, with either party being the only child of a martyr or being a veteran soldier with second-class second-degree disability and above;

5. Couples who have only one child, with either party working in the mine for over five years consecutively and still doing the same job;

6. Couples who have only one child, with both parties being members of an ethnic minority living in ethnic-inhabited areas designated by the government above county level;

7. Returned overseas Chinese or permanent residents in this province from Hong Kong, Macao and Taiwan whose children are all permanent residents of a foreigner country or Hong Kong, Macao and Taiwan;

8. Returned overseas Chinese who have only one child, with one party living in this province for less than six years;

9. Remarried couples with one party having one child from previous marriage and the other having none;

10. Both parties are agricultural residents and meet any one of the following conditions:

a. The couple has only one child;

 

b. The husband has only one child and is married into a family without a son. If the family has more than one daughter, only one is eligible for this policy;

 

c. Couples who have only one child, with one party being an only-child and whose father or mother has no siblings;

 

d. Couples who have only one child, with all brothers of the husband's having no child and being infertile.

 

11. Other special circumstances approved by the family planning authorities of the provincial government in accordance with national laws, regulations and policies.

Except for Clauses 2 and 7 of this article, couples who apply for a second birth shall have an interval of no less than five years. Those who want to shorten the interval for age or other considerations shall apply for approval from the family planning authorities of the county government.

Article 9 For applications in conformity with this regulation, the issuing body shall deal with it within 30 days upon receipt of the application. Couples applying for a first or second birth permit shall pay a sum equivalent to the cost of the certificate. The rate shall be decided separately by the provincial government.

Article 10 Couples who apply for marriage registration shall have a premarital health examination. Couples of childbearing age shall receive instructions on healthy birth according to relevant regulations.

Couples with either party diagnosed by medical institutions designated by the health department of government above county level of having disease medically considered inappropriate for childbearing, shall take contraceptive measures. Those who are already pregnant shall terminate pregnancy as soon as possible.

Article 11 No organizations or individuals shall be allowed to conduct sex identification of fetus, unless otherwise stated by law.