Full text of Shanghai remarried couples' fertility policy (provisions on second child and maternity leave)

Since June+10/October 1 in 65438, China has officially implemented a comprehensive two-child policy, and the new family planning law stipulates that a couple should have two children. So can divorced and remarried couples have a second child? Have both parties given birth to children before marriage? What are the specific regulations in China? The following is a detailed introduction for everyone.

The new "family planning law" provisions of article eighteenth:

The state encourages a couple to have two children.

Those who meet the requirements stipulated by laws and regulations may ask for another child. Specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees.

Ethnic minorities should also practice family planning, and the specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees.

If the provinces, autonomous regions and municipalities directly under the Central Government where the husband and wife are registered are inconsistent, the principle of benefiting the parties shall apply.

Therefore, remarried couples can have two children, but the specific needs are subject to local family planning regulations. At present, the regulations of various provinces are still being revised. I list the policy standards of remarriage and childbirth in each province in the order of revision.

Shanghai revision date: 20 16.2.23.

Article 23 A couple is encouraged to have two children.

Couples who meet one of the following conditions may ask for another child:

(a) one party has not given birth to a child before marriage, one party has given birth to a child before marriage, and both parties have given birth to another child after marriage;

(2) Both parties have given birth to two or more children before marriage, and they have no children together;

(3) Both parties have not given birth to children before marriage, but they have given birth to two children together after marriage, and one of them is identified as non-hereditary disability by the district, county and city medical appraisal institutions for disabled children and cannot grow into a normal labor force.

In addition to the conditions specified in the preceding paragraph, the conditions for giving birth again due to special circumstances shall be stipulated separately by the Municipal People's Government.

Twenty-fourth citizens of ethnic minorities who have moved into this city from other provinces, autonomous regions and municipalities directly under the Central Government may ask for another child if they have obtained the certificate from the family planning administrative department at or above the county level where their original household registration is located before moving in.

Guangdong, revised: 20 15.5438+02.30.

Article 18 A couple is encouraged to have two children.

Those who do not meet the requirements of laws and regulations to have more children belong to super-life.

Nineteenth in any of the following circumstances, the husband and wife jointly apply for the approval of the township, street health and family planning institutions or agricultural and forestry farms directly under the county level or above, and can give birth again:

(1) If a child dies childless, two more children can be born;

(2) If there is only one child due to the death of the child, another child can be born;

(3) Other circumstances that meet the conditions for reproduction as stipulated by laws and regulations.

In accordance with the provisions of the preceding paragraph, an application for approval of giving birth to another child shall be reported to the administrative department of health and family planning at the next higher level for the record.

If one spouse is registered in this province and the other spouse is registered in other provinces, autonomous regions and municipalities directly under the Central Government, the principle of benefiting the parties shall apply.

Modified in Hubei: 20 16. 1. 13.

Article 14 A couple is encouraged to have two children. Those who meet the requirements of these regulations may have another child upon approval.

Illegal childbearing is prohibited.

Fifteenth couples who meet one of the following conditions may apply for another child:

(a) the two daughters of the husband and wife are disabled and cannot grow into a normal labor force, but they are medically considered to be able to give birth again;

(two) one of the remarried couples has no children, and the other has children, and only one child is born after remarriage;

(three) remarried couples have given birth to two children before marriage or legally have multiple children before marriage.

When a husband and wife apply for another child, the legally adopted children are not included in the number of children.

Tianjin revision date: 20 16. 1. 14.

Fifteenth advocates a couple to have two children.

For those who have two or less children, no examination and approval shall be carried out, and the family shall arrange the birth independently.

Sixteenth one of the following circumstances, you can ask for another child:

(a) one of the two daughters is medically identified as a sick and disabled child, and it is medically considered that both husband and wife can give birth again;

(two) remarried (excluding remarriage) couples, only one child before remarriage, and one child after marriage;

(three) remarried (excluding remarriage) couples, before remarriage, a total of more than two children, no children after marriage.

Zhejiang revision time: 20 16. 1. 14.

Seventeenth advocate a couple to have two children.

Eighteenth couples who meet one of the following circumstances, after approval, can have another child:

(1) Having given birth to a child before remarriage;

(two) one party has given birth to a child before remarriage, and the other party has not given birth, but has given birth to a child after remarriage;

(three) before remarriage, one party has never given birth, and the other party has given birth to two children;

(4) Among the legally born children, there are those who have been diagnosed by the disabled child appraisal institution as non-hereditary disabilities and cannot grow into a normal labor force, or those who have hereditary disabilities and cannot grow into a normal labor force, and both husband and wife can have another child after prenatal diagnosis and screening;

(five) other circumstances that can give birth again.

Item 5 of the preceding paragraph was proposed by the provincial health and family planning department and submitted to the provincial people's government for approval and promulgation.

If there are no children or only one child because of the death of the child, they can arrange their own births in accordance with the provisions of Article 17 of these regulations.

Anhui revision time: 20 16. 1. 15.

Article 18 Citizens have the right to have children and the obligation to carry out family planning according to law, and both husband and wife have equal responsibilities in carrying out family planning.

Nineteenth couples in any of the following circumstances may apply for another child:

(a) remarried couples, before remarriage, one party gave birth to a child, while the other party did not, and after remarriage, one child was born;

(two) remarried couples, no more than two children before remarriage, no children after remarriage;

(3) There are sick and disabled children among the two daughters who have given birth, who cannot grow into a normal labor force and are medically considered to be able to give birth again;

(four) other circumstances identified by the national population and family planning administrative department.

Twentieth in accordance with the provisions of article nineteenth of this Ordinance, but one of the following circumstances, shall not be approved to give birth again:

(a) more than fourteen weeks of pregnancy, in violation of the provisions of Anhui Province prohibiting non-medical needs to identify the sex of the fetus and choose sex to terminate pregnancy;

(2) Deliberately causing the infant's death;

(3) Self-reported infant death without evidence.

Guangxi revision time: 20 16. 1. 15.

Thirteenth couples are encouraged to have two children, and illegal children are prohibited.

Fourteenth meet one of the following conditions, with the approval of the township people's government or the city street office, you can have another child:

(a) before remarriage, one of the remarried couples has given birth to two children (including legal adoption, the same below), and the other has not given birth;

(two) remarried couples, who have given birth to a child before remarriage and the other party has not given birth, and only have one child after remarriage;

(three) remarried couples have given birth to two children before remarriage, and the other party has given birth to a child, but they have not given birth after remarriage;

(4) The husband and wife have two children, and one of them is diagnosed as a sick and disabled child by the medical appraisal organized by the health and family planning administrative department of the municipal people's government with districts, and cannot grow into a normal labor force, which is medically considered to be fertile again;

(five) the husband and wife have two children, one of whom is disabled due to injury and cannot grow into a normal labor force or lose the ability to work according to law;

(six) the husband and wife have settled in the countryside within five kilometers of the border and have lived continuously for more than ten years, and have given birth to two children;

(seven) other special circumstances stipulated by laws, regulations and the people's Government of the autonomous region.

If a husband and wife have only one child due to the death of their children, they can arrange for one child independently; Couples who have no children because of the death of their children can arrange for two children by themselves.

Couples who have given birth to a child before remarriage can arrange to have a child by themselves.

If one spouse is registered in this autonomous region and the other spouse is registered in other provinces, autonomous regions and municipalities directly under the Central Government, the principle of benefiting the parties shall apply.

Jiangxi revision time: 20 16. 1.20.

Article 9 Couples who meet any of the following circumstances may have another child after receiving the birth certificate:

(1) Couples who have given birth to two children and their children have died;

(two) couples who have given birth to two children, whose children have been diagnosed as non-hereditary disabilities by the technical appraisal organization established by the competent department of health and family planning of the Municipal People's government with districts, and cannot grow into normal labor force;

(3) Having given birth to a child before remarriage (excluding remarriage) and another child after marriage, or having legally given birth to more than two children before remarriage (excluding remarriage);

(4) One of the husband and wife has not been pregnant and given birth for five years after marriage, and has been identified as infertile or infertile by the medical and health institutions designated by the health and family planning departments of the people's governments at or above the county level, and adopted one child according to law, or adopted two children according to law.

Other circumstances other than those specified in the preceding paragraph shall be approved and promulgated by the competent department of health and family planning of the provincial people's government in accordance with laws, regulations and the relevant provisions of the state and this province.

Shanxi revision time: 20 16. 1.20.

Article 9 It is advocated that a couple should have two children. If both husband and wife want to have another child, they shall comply with the provisions of these regulations.

The term "re-birth" as mentioned in these Regulations refers to the birth of the third and above children.

Article 10 Adoption of children shall comply with the Adoption Law of People's Republic of China (PRC) and other laws and regulations.

It is forbidden to give birth to children in violation of the provisions of these regulations in the name of adoption or adoption.

It is forbidden to give birth to children through adoption or foster care in violation of the provisions of these regulations.

Eleventh one of the following circumstances, approved, can have another child:

(a) the husband and wife have two children, one of whom is identified by a medical appraisal institution for disabled children at or above the municipal level, suffering from non-hereditary disability and unable to grow into a normal labor force;

(2) A remarried couple has a child before remarriage and another child after remarriage;

(three) remarried couples have two or more children before remarriage, and have not had children together. But those who have given birth illegally shall not be allowed to give birth again;

(4) before remarriage, one of the remarried couples has given birth to two or more children, and the other has not given birth;

(5) The children of remarried couples who are approved to give birth in accordance with the second, third and fourth provisions are identified by the medical appraisal institutions for disabled children at or above the municipal level, suffering from non-hereditary disabilities and cannot grow into normal labor force.

Ningxia Revision Time: 20 16. 1.2 1

Article 16 A couple is encouraged to have two children.

Those who do not meet the requirements of laws and regulations to have more children belong to super-life.

Seventeenth couples who meet one of the following conditions may apply for the birth of a third child:

(1) Ethnic minority rural residents in Yuanzhou District, Haiyuan County, Xiji County, Longde County, Jingyuan County, Pengyang County, Yanchi County and Tongxin County (hereinafter referred to as eight counties in mountainous areas);

(two) the birth of two children, identified as unable to grow into a normal labor force, medically considered suitable for re-birth.

Article 18 Where rural residents of ethnic minorities in eight mountainous counties are converted into urban residents through the organizational system or organized immigrants move into other counties (cities, districts) in the autonomous region, the birth regulations of the original domicile shall be implemented within three years from the date of change of household registration.

Nineteenth remarried couples who meet one of the following conditions may apply for the birth of a third child:

(a) the total number of children born before remarriage is one, and one is born after remarriage;

(2) The total number of children born before remarriage is two.

Modified in Sichuan: 2016.10.22.

Thirteenth to encourage a couple to have two children.

Couples who have two children may apply for another child if they meet one of the following conditions:

(a) the birth of disabled children, can not grow into a normal labor force, but medically considered to be able to give birth again;

(two) one of the spouses is disabled by five or more.

Article 14 Ethnic minorities should also practise family planning. Specific measures shall be formulated by the people's congresses of ethnic autonomous prefectures and autonomous counties according to the principles of these regulations and local actual conditions, and shall be implemented after being approved by the Standing Committee of the provincial people's congress.

Shandong revision date: 20 16. 1.22.

Article 19 A couple is encouraged to have two children.

Giving birth to the first and second children is free.

Couples can choose their own time to have children and enjoy maternal and child health care and family planning technical services according to law.

Twentieth in any of the following circumstances, after approval, you can have another child:

(a) the husband and wife have two children, one of whom is legally identified as a disabled child and cannot grow into a normal labor force, and is medically considered to be able to have another child;

(two) the husband and wife were infertile, and the woman became pregnant after adopting two children according to law;

(three) one of the remarried couples has given birth to two children, the other has not given birth or has given birth to a child, and there are no children after remarriage;

(four) one of the remarried couples has given birth to a child, and the other has not given birth, and they have a child together after remarriage;

(five) remarried couples have one child each, and have jointly given birth to one child after remarriage;

(six) other circumstances identified by the administrative department of health and family planning of the provincial people's government.

Fujian revision date: 20 16.2. 19.

Article 8 A couple is encouraged to have two children.

Kujou Hajime and his wife have two children, and if they meet one of the following circumstances, they can have another child after approval:

(a) two daughters have disabled children, who can not grow into a normal labor force, but medically believe that husband and wife can have another child;

(two) remarried couples have two children before remarriage, the other party has no children, or both parties have one child before remarriage;

(three) remarried couples, no children before remarriage, the other party has children, and both parties have one child after marriage;

(four) both husband and wife are the only children of ethnic minority rural residents;

(five) other circumstances stipulated by laws, regulations and the state. If one of the husband and wife is Han nationality and the other is a minority, and the Han nationality has settled in a minority township or village for more than five years, and the children born to them belong to a minority according to the relevant provisions, the provisions of Item (4) of the preceding paragraph shall apply.

Couples who legally adopt children can have two children.