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Provisions of State Family Planning Commission on Mainland Resident's Having Children in the Mainland with Hong Kong Resident

Updated: 2014-07-31

(December, 11, 1998, SFPC [1998] Decree No.111)


1. For married couple from the mainland and Hong Kong having children in the mainland, they shall comply with the provisions stipulated by the Family Planning Policy of the registered place of the mainland resident.


For married couple from the mainland and Hong Kong who are observing the provisions stipulated by mainland childbirth policies, the children of Hong Kong resident born before the marriage and the children of the couple not settling down in the mainland shall be excluded from the number of children.

2. The married couple from the mainland and Hong Kong requiring having children in the mainland and meeting the above-mentioned requirements shall provide valid marital status certification and fertility status certificate to complete relevant childbirth procedures in line with the regulations and provisions stipulated by the registered place of the mainland resident.

3. The married couple from the mainland and Hong Kong who are eligible to have children but give birth to children without completing relevant childbirth procedures may be exempted from punishment after making up the relevant childbirth procedures. For the unmarried having the first child, they may be given a mitigated punishment or be exempted from punishment after making up marriage registration and relevant childbirth procedures.

4. The mainland resident with a spouse from Hong Kong is entitled not to abide by the mainland laws, regulations or provisions on family planning after legally settling down in Hong Kong.

5. The above-mentioned provisions should be applied to the cases concerning having children for mainland resident with a spouse form Taiwan or Macao resident.