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Provisions of State Family Planning Commission of China on Mainland Resident’s Having Children in the Mainland with Foreigner

Updated: 2014-07-31

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

 1. For married couple from Chinese mainland and foreign country having children on the mainland, they shall comply with the provisions stipulated by the childbirth policy of the registered place of the Chinese mainland resident.

For married couple from Chinese mainland and foreign country, in observing the provisions stipulated by the childbirth policies of China, the children of foreigner 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 Chinese mainland and foreign country requiring to have children in the mainland and meeting the above-mentioned requirements shall provide valid marital status certification and fertility status certificate to complete relevant childbirth procedure in line with the regulations and provisions on family planning of the registered place of Chinese mainland resident.

 3. The married couple from Chinese mainland and foreign country eligible to have children and having children without completing relevant childbirth procedures shall be exempted from punishment after making up the relevant childbirth procedures. The unmarried having the first child shall be given a mitigated punishment or be exempted from punishment after making up marriage registration and relevant childbirth procedures.