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Chapter 2 Fertility Regulation

Article 5 First marriage between men and women who are three years past their respective legal ages for marriage is considered deferred marriage. First childbirth given by women aged 24 or over is considered deferred childbearing.

Article 6 One couple can have only one child, except for those who meet the conditions of Articles 7 and 8.

Article 7 Non-agricultural residents who meet any one of the following conditions, subject to application and approval from the district/county family planning authorities, can have a second birth:

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

2. Remarried couples (including one party remarried and the other married for the first time) with only one child from previous marriages;

3. The couple has been married for over five years without child and either party is diagnosed by designated medical institutions of being infertile, and the wife is 35 years of age and becomes pregnant after having adopted a child according to the Adoption Law of the People's Republic of China;

4. Both parties are returned overseas Chinese or residents of Hong Kong, Macao and Taiwan who live permanently in this city for less than six years;

5. Both parties are only child in the family;

6. Ethnic immigrants who have got approval for a second birth from local family planning authorities before moving to this city and are currently pregnant;

7. Other circumstances as approved by the municipal family planning authorities.

Article 8 Farm workers (including fishing) who meet the conditions of clauses 1, 2, 3, 4, 6 and 7 of Article 7, if meeting any one of the following conditions, subject to application and approval from the district/county family planning authorities, can have a second birth:

1. Either party is disabled and loses capability to work or is a veteran soldier with second-class second-degree and above disability;

2. Either party is an only child;

3. The husband is married into a family with no son and takes care of his parents-in-law;

4. Couples living in mountainous or half-mountainous areas short of labor force and having only a female child;

5. If one of the male siblings is infertile or cannot marry for special reasons and the others each has only one child, one of them is permitted to have a second birth.

Article 9 Couples who get approval for a second birth shall have an interval of over four years, except for remarried couples with the woman being married for the first time who meet the conditions of clause 2 and those who meet the conditions of clause 3 of Article 7. Married couples of childbearing age shall submit to population planning and management and give birth with a birth permit.

Article 10 If one party is an agricultural resident and the other an urban resident and they want to apply for a second birth, the policy for second childbirth of the woman's place of household registration shall prevail.