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Chapter 3 Fertility Regulation

Article 9 First marriage between men of 25 and women of 23 is considered deferred marriage; first childbirth by women aged 24 and over is considered deferred childbirth.

Article 10 One couple is encouraged to have only one child. Out-of-plan birth is prohibited.

Article 11 Couples who are once infertile but become pregnant after adopting a child legally can have a child of their own.

Article 12 Couples who meet any one of the following conditions can have a second birth:

1. The first child is diagnosed of having non-genetic defects and unable to grow up to be a normal laborer;

2. Both parties are only child in their family;

3. Both parties are returned overseas Chinese and live in China for less than six years;

4. Ethnic immigrants who get a second birth permit before moving to this city from local family planning authorities above county level and are already pregnant;

5. Remarried couples with the total number of children from previous marriages being only one.

Article 13 Aside from Article 12, rural residents who meet any one condition of the following can have a second birth:

1. Either party has disability that prevents him/her from working and taking care of himself/herself, or is a veteran soldier with second-class second-degree and above disability;

2. Either party is an only child;

3. Either party is engaged in ocean fishing for over five years in a row and still does the same work;

4. The husband is married into a family without a son and takes care of his parents-in-law, and each of the siblings of the woman has only one child.

Article 14 In addition to Articles 11-13, couples who apply to have a second birth for special reasons shall get approval from the municipal family planning commission.

Article 15 For couples who meet the conditions of Articles 11-14, if their Hukou are not in the same district, the wife's Hukou shall prevail. Couples who meet the conditions of Articles 11-14 and who apply to have a child shall get approval from the county/district family planning authorities. If they disagree with the decision, they can appeal it to the municipal family planning authorities.

Article 16 Couples who get permission to have a second birth, except for those meeting conditions of Clauses 1 and 4 of Article 12, shall have an interval of over four years. Otherwise, it shall be considered out-of-plan birth.