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Chapter 3 Fertility Regulation

Article 17 Couples who get married according to law can have a child after getting a birth permit.

Article 18 Couples who have only one child of at least three years old and who meet any one of the following conditions, subject to application and approval, can have a second birth:

1. The only child is diagnosed by medical institutions above city/prefectural level of having non-genetic diseases and unable to grow up to be a normal laborer;

2. Both parties are only child in the family;

3. Both parties are returned overseas Chinese or residents of Hong Kong, Macao and Taiwan;

4. Both parties are members of ethnic minorities with a total population of less than 10 million.

Article 19 Couples who have a three-year-old child, with both parties being agricultural residents, if meeting any one of the following conditions, subject to application and approval, can have a second birth:

1. They have only a female child and the wife is over 30;

2. They have only a female child and either party is an only-child;

3. They have only a female child and either party has a non-genetic disease and loses ability to work;

4. All siblings of either party are diagnosed by medical institutions designated by the family planning authorities above county level of being infertile;

5. Either party is a veteran soldier with second-class second-degree and above disability.

Article 20 Remarried couples, if meeting any one of the following conditions, subject to application and approval, can have another birth:

1. One party has a three-year-old child from a previous marriage and the other has none;

2. One party is widowed with two children but the other is over 30 and has no child.

Article 21 Couples with either party diagnosed by medical institutions designated by the family planning authorities above county level of being infertile, and becoming pregnant after having adopted a child legally, subject to application and approval, can have a child of their own.

Article 22 In addition to Articles 18-21, both urban and rural residents who apply to have another child for other reasons, shall get permission from the family planning authorities at county and city levels and further approval from the counterpart authorities at provincial level.

Article 23 Couples who want to have a first birth shall apply to their respective employer or villagers' or residents' committee and get approval from the town/township government or neighborhood committee. Those wanting to have a second birth shall apply to their respective employer or villagers' or residents' committee, have their application examined by the town/township government or neighborhood committee, and get approval from the family planning authorities at county/city/prefecture level. Urban employees and those whose first child is disabled shall get approval from the family planning authorities at city/prefecture level. Such applications for first birth shall be handled within 15 days upon receipt of the application; for the second birth, 45 days (no more than 90 days for those who need to conduct disability identification). Those who get approval to have a second birth shall pay a social compensation fee. The rate shall be set separately by the provincial government.

Article 24 For rural couples who are granted a second birth permit in accordance with relevant regulations, if either party becomes an urban resident, the second birth permit shall be revoked except for those who are already pregnant.

Article 25 For couples who get approval to have a second birth, if they terminate pregnancy without justifiable reasons or report death of child after giving birth without concrete evidence as to the cause of the death, their birth permit shall be revoked and shall not be granted a new one

Article 26 People involved in international marriages shall be handled according to relevant regulations.