Born before law

Source:Global Times Published: 2014-7-10 19:03:01

Only-child parents ask for legal identity for their second child born before the local greenlit policy changes


A protesting mother with a baby holds a sign of "Only-child parent, born early doesn't mean born extra" before the office of the Standing Committee of the Guangdong Provincial People's Congress on March 27.

Bao Hua (pseudonym), 35, sits with his family of four. His wife, an only child, gave birth to a second daughter on March 1 - 26 days before provincial authorities recognized the national law. Photo: CFP

Bao Hua (pseudonym), 35, sits with his family of four. His wife, an only child, gave birth to a second daughter on March 1 - 26 days before provincial authorities recognized the national law. Photo: CFP

Dozens of parents protest before the office of the Standing Committee of the Guangdong Provincial People's Congress on March 27. Photo: CFP

Two brandish letters at the petition office of the Guangdong health department on April 30, asking for leniency toward their second child.

Dudu (pseudonym) was born on March 26 in Huizhou, Guangdong Province, five days ahead of his due date. Dudu doesn't know much - least of all, that his early arrival could cost his family up to 240,000 yuan ($38,420) in fines.

Guangdong officially greenlit a November plenary decision that allowed couples to have a second kid if one spouse is an only child on March 27.

The South China province's family planning official Chen Yiping told the Yangcheng Evening News that any children born before this crucial date would still be counted as "extra births" - the policy, in other words, is inflexibly not retroactive - and errant parents would still be expected to hand in their "social maintenance fees" according to the relevant regulations.

On November 12, 2013, at the Third Plenary Session of the 18th CPC Central Committee, China announced a new policy toward its one-child laws, allowing certain couples to have a second child. On December 28, the Standing Committee of the National People's Congress approved the policy changes.

Provincial authorities were then allowed to implement these changes according to their own timetables. As of today, most have announced their own relaxation of the family-planning laws.

But many authorities have specified that children born before these official announcements would be considered "out of bounds" and subject to fines.

This has prompted many eligible parents who gave birth to a second child during the period between the national announcement and local affirmation to respond angrily. Some demonstrated in front of governmental buildings, while others resorted to a more politic form of protest. On April 23, a letter bearing the signatures of 2,750 families was dispatched to several authorities and legislating organs in Beijing, demanding legal identity for their children.

Officials in Anhui, Hubei and Zhejiang provinces have already taken a more tolerant attitude: Second children born after November 12 are free of charge.

Wu Youshui, a lawyer from Zhejiang, argues that a rule takes effect once the national legislators approve it.

Global Times
Newspaper headline: Only-child parents ask for legal identity for their second child born before the local greenlit policy changes


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