Family Planning Law in CHINA
Chapter I: General Provisions
Article 1
This law is enacted, in accordance with the Constitution, so as to bring population into balance with social economic development, resources, and the environment: to promote family planning; to protect citizens' legitimate rights and interests; to enhance family happiness, and to contribute to the nation's prosperity and social progress.
Article 2
China is a populous country. Family planning is a fundamental state policy. The State shall adopt a comprehensive approach to controlling population size and improving socio-economical and public health characteristics of population.
The State shall rely on publicity and education, advances in science and technology, comprehensive services and the establishment and improvement of the incentive and social security systems to carry out the family planning program.
Article 3
The State shall rely on publicity and education, advances in science and technology, comprehensive services and the establishment and improvement of the incentive and social security systems to carry out the family planning program.
Article 4
The People's Governments and staff at all levels implementing the family planning program shall act strictly within the law, enforcing it in a civil manner, and must not infringe on citizens' legitimate rights and interest.
The family planning administrative departments and their staff acting within the law are protected by law.
Article 5
The State Council shall exercise authority over the national population and family planning program. Local people's governments at all levels shall exercise authority over the population and family planning programs in their respective jurisdictions.
Article 6
The family planning administrative department of the State Council shall be in charge of the national family planning program and population programs related to family planning.
Family planning administrative departments of people's governments at county level and above shall be in charge of family planning programs and population programs related to family planning in their respective jurisdictions.
Other government administrative departments at county level and above shall be in charge of aspects of the population and family planning programs falling within their mandates.
Article 7
Social organizations such as Trade Unions, Communist Youth Leagues, Women's Federations, and Family Planning Associations; enterprises; institutions; and individual citizens shall assist the people's government in carrying out population and family planning programs.
Article 8
Organizations and individuals making outstanding achievements in the population and family planning programs shall be recognized and rewarded by the State.
Chapter II: Formulation and Implementation of Population and Development Plans
Article 9
The State Council shall devise population development plans and incorporate them into the national economic and social development plans. Based on plans at the next highest and national levels, people's governments at country level and above shall devise population development plans in line with local conditions and incorporate them into their economic and social development plans.
Article 10
People's governments at country level and above shall devise population and above shall be responsible for routine implementation of population and family planning action plans.
People's governments of township, ethnic township, and town, and subdistrict offices in urban areas, shall be in charge of population and family planning programs in their respective jurisdictions and shall implement population and family planning action plans.
Article 11
Population and family planning action plans shall stipulate measures to govern population size, strengthen maternal and child health care services, and improve socio-economical and public health characteristics of population.
Article 12
Villager's committees and neighbourhood committees shall follow the law and endeavor to implement family planning programs. State organs, the armed forces, social organizations, enterprises, and institutions shall endeavor to implement their own family planning programs.
Article 13
Government departments responsible for family planning, education science and technology, culture, public health, civil affairs, press and publication, and broadcasting and television shall organize and carry out public education campaigns on population and family planning.
The mass media are obligated to carry pro bono public service messages on population and family planning.
Schools shall provide human physiology, adolescence, and sexual health education to students in a planned and audience-appropriate manner.
Article 14
Family planning programs among the migrant population shall be jointly managed by their local governments of origin and local governments of residence, with efforts focused where they reside.
Article 15
The State shall gradually increase the overall level of funding for population and family planning programs, based on the national economic and social development. People's governments at all levels shall provide the necessary funding for the implementation of their population and family planning programs.
People's governments at all levels shall give special support to population and family planning programs in impoverished areas and minority ethnic areas.
The State shall encourage social organizations, enterprises, institutions, and individuals to contribute support to population and family planning programs.
No unit or individual shall withhold, reduce or redirect funds appropriated to population and family planning programs.
Article 16
The State shall encourage scientific research and international exchange and cooperation in the fields of population and family planning.
Chapter III: Regulation of Fertility
Article 17
Citizens have the right to reproduction as well as the responsibility for practicing family planning according to law. Husbands and wives bear equal responsibility for family planning.
Article 18
The State shall maintain its current fertility policy encouraging late marriage and childbearing and advocating one child per couple; arrangements for a second child, if requested, being subject to law and regulation. Specific measures shall be enacted by the People's Congress or its standing committee in each province, autonomous region, and municipality. Ethnic minorities shall also practice family planning. Specific measures shall be enacted by the People's Congress or its standing committee in each province, autonomous region, and municipality.
Article 19
In implementing family planning, the primary emphasis shall be on contraception. The State shall create conditions conducive to individuals being assured of an informed choice of safe, effective, and appropriate contraceptive methods. Safety or recipients of birth control procedures must be ensured.
Article 20
Couples of reproductive age shall be conscientious in adopting contraceptive methods and in accepting the guidance of family planning technical services. Incidences of unwanted pregnancies shall be prevented and reduced.
Article 21
Couples of reproductive age who practice family planning shall be able to obtain technical services free of charge under the basic items as specified by the State. The cost of the aforesaid services shall be itemized n public appropriations made in accordance with applicable State regulations or be guaranteed by social insurance plans.
Article 22
Discrimination against and mistreatment of women who give birth to female children or who suffer from infertility are prohibited. Discrimination against, mistreatment, and abandonment of female infants are prohibited.
Chapter IV: Incentives and Social Security
Article 23
The State shall, in accordance with regulations, recognize and reward couples who practice family planning.
Article 24
To facilitate family planning programs, the S