Is it necessary to have an IUD for the second child? Is there a law to follow?

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Today my wife received a call from a staff member of a neighborhood committee in our community (I want to say which neighborhood committee, because the basic neighborhood committee is also a task assigned by the superiors.). It said that if you have a second child, you must have an IUD? Is there a legal basis for this? If there is no legal basis.

The recent National People's Congress and the Chinese People's Political Consultative Conference have already abolished the Family Planning Commission. I don't know why there are still staff members in our county calling to ask women to get IUDs. The national trend is moving towards not implementing family planning, but it has not yet been communicated to the grassroots. It reminds me of the electronic supervision code on some drug packaging. The electronic drug supervision network has been closed, but there are still many drugs printed with this useless electronic supervision code. The efficiency is poor, the thinking is rigid, and the brains are stubborn.

I looked at the Population and Family Planning Law, and I only saw that it was advocated, but there was no mention of mandatory...

I consulted a colleague yesterday and was told that I could go to the hospital and ask someone I know to issue a certificate, just to make it look good. Some people have had an IUD inserted and then went to have it removed privately, but it's still just to make it look good. In this day and age, is there still such a big point in having an IUD? I don't need the neighborhood aunt to help me save condoms.

Have you ever encountered a similar situation? Please share your thoughts! ?

Updated March 21, 2018

I have communicated with the neighborhood committee staff over the phone, and both parties are in a friendly negotiation principle.

I said straight out that it was impossible to have an IUD, but I could try my best to cooperate with the work. For example, you can register that my wife has an IUD. If someone investigates, we can say that we have an IUD. You can also complete the task. I will also try my best to find a connection to go to the hospital to get an IUD certificate. I consulted a friend and found that it is easy to get this certificate now. It only takes a few words.

The other party expressed his understanding and said that it was also a task assigned by his superiors and it was not forced. His words may have made me misunderstand that it was forced.

It would be great if everyone could be honest and open with each other.

Appendix: Full text of the Population and Family Planning Law

Level of validity: Constitution
Issuing unit: Standing Committee of the National People's Congress
Execution date: 2016-01-01
Issue date: 2015-12-27
Document number: Presidential Order No. 41
Timeliness: Currently valid
The "Decision of the Standing Committee of the National People's Congress on Amending the Population and Family Planning Law of the People's Republic of China" was adopted at the 18th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on December 27, 2015, and is hereby promulgated and shall come into force on January 1, 2016.

Xi Jinping, President of the People's Republic of China

December 27, 2015

Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to achieve coordinated development of population, economy, society, resources and environment, promote family planning, safeguard the legitimate rights and interests of citizens, and promote family happiness, national prosperity and social progress.

Article 2 my country is a country with a large population, and implementing family planning is the basic national policy.

The state takes comprehensive measures to control population size and improve its quality.

The state carries out population and family planning work through publicity and education, scientific and technological progress, comprehensive services, and the establishment of a sound reward and social security system.

Article 3 Population and family planning work should be combined with increasing women's education and employment opportunities, improving women's health and enhancing women's status.

Article 4 People's governments at all levels and their staff shall strictly administer according to law and enforce the law in a civilized manner in promoting family planning work and shall not infringe upon the legitimate rights and interests of citizens.

Family planning administrative departments and their staff are protected by law when performing their duties in accordance with the law.

Article 5 The State Council leads the national population and family planning work.

Local people's governments at all levels shall lead the population and family planning work within their administrative areas.

Article 6 The family planning administrative department of the State Council is responsible for the national family planning work and population work related to family planning.

The family planning administrative departments of local people's governments at or above the county level are responsible for family planning work and population work related to family planning within their administrative areas.

Other relevant departments of the people's governments at or above the county level are responsible for relevant population and family planning work within their respective duties.

Article 7 Social groups such as trade unions, the Communist Youth League, the Women's Federation and the Family Planning Association, enterprises, institutions and citizens shall assist the people's government in carrying out population and family planning work.

Article 8 The state shall reward organizations and individuals that have made outstanding achievements in population and family planning work.

Chapter II Formulation and Implementation of Population Development Plan
Article 9 The State Council shall formulate a population development plan and incorporate it into the national economic and social development plan.

Local people's governments at or above the county level shall, in accordance with the national population development plan and the population development plans of the people's governments at the next higher level, formulate population development plans for their administrative regions in light of local actual conditions and incorporate them into the national economic and social development plans.

Article 10 People's governments at or above the county level shall formulate population and family planning implementation plans and organize their implementation based on population development plans.

The family planning administrative departments of people's governments at or above the county level are responsible for the daily work of implementing the population and family planning implementation plan.

The people's governments of townships, ethnic townships, towns and urban street offices are responsible for population and family planning work within their jurisdiction and for implementing population and family planning implementation plans.

Article 11 The population and family planning implementation plan shall stipulate measures to control population size, strengthen maternal and child health care, and improve the quality of the population.

Article 12 Village committees and residents' committees shall perform family planning work in accordance with the law.

Government agencies, military units, social groups, enterprises and institutions should do a good job in family planning in their units.

Article 13 The family planning, education, science and technology, culture, health, civil affairs, press and publication, radio and television and other departments shall organize and carry out publicity and education on population and family planning.

The mass media have the obligation to carry out social welfare propaganda on population and family planning.

Schools should carry out physical hygiene education, adolescent education or sexual health education among students in a planned manner in an appropriate manner that suits the characteristics of the students.

Article 14 The family planning work of the floating population shall be jointly managed by the people's governments of their registered residence and their current residence, with the current residence as the main focus.

Article 15 The State shall gradually increase the overall level of population and family planning funding in accordance with the national economic and social development. People's governments at all levels shall ensure the necessary funding for population and family planning work.

People's governments at all levels should give priority support to population and family planning work in poverty-stricken areas and ethnic minority areas.

The state encourages social groups, enterprises, institutions and individuals to provide donations for population and family planning work.

No unit or individual may withhold, deduct or misappropriate funds for population and family planning work.

Article 16 The state encourages scientific research, foreign exchanges and cooperation in the field of population and family planning.

Chapter 3 Fertility Regulation
Article 17 Citizens have the right to have children and the obligation to implement family planning in accordance with the law. Both husband and wife have common responsibility in implementing family planning.

Article 18 The State encourages a couple to have two children.

If the conditions stipulated by laws and regulations are met, they may request to have another child. 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.

Ethnic minorities must also implement family planning; the specific methods shall be determined 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, or municipalities where the spouses are registered have inconsistent regulations on having more children, the principle of benefiting the parties shall apply.

Article 19: Family planning shall be implemented, with contraception as the main approach.

The state creates conditions to ensure that citizens can make informed choices about safe, effective and appropriate contraceptive and birth control measures. When performing contraceptive and birth control operations, the safety of the recipients must be ensured.

Article 20 Couples of childbearing age shall have the right to independently choose family planning, contraception and birth control measures to prevent and reduce unwanted pregnancies.

Article 21 Couples of childbearing age who practice family planning shall enjoy free family planning technical services for the basic items prescribed by the State.

The funds required as stipulated in the preceding paragraph shall be included in the fiscal budget or guaranteed by social insurance in accordance with relevant national regulations.

Article 22 prohibits discrimination against and abuse of women who give birth to baby girls and infertile women.

Discrimination, abuse and abandonment of baby girls are prohibited.

Chapter IV Rewards and Social Security
Article 23 The State shall, in accordance with its provisions, reward couples who implement family planning.

Article 24 The state shall establish and improve social security systems such as basic pension insurance, basic medical insurance, maternity insurance and social welfare, and promote family planning.

The state encourages insurance companies to launch insurance projects that are conducive to family planning.

Places with conditions can implement various forms of pension security measures in rural areas based on the principles of government guidance and farmers' voluntary participation.

Article 25 Spouses who give birth to children in accordance with the provisions of laws and regulations may receive rewards for extended maternity leave or other welfare benefits.

Article 26 Women shall enjoy special labor protection and may obtain assistance and compensation in accordance with relevant national regulations during their pregnancy, childbirth and breastfeeding periods.

Citizens who undergo family planning surgery are entitled to leave as prescribed by the state; local people's governments may give them rewards.

Article 27 During the period when the State advocates that a couple should have only one child, the State shall issue a "Certificate of Honor for Parents of an Only Child" to couples who voluntarily choose to have only one child throughout their lives.

Couples who receive the "Certificate of Honor for Parents of an Only Child" shall enjoy rewards for parents of an only child in accordance with relevant regulations of the state and provinces, autonomous regions, and municipalities directly under the central government.

If laws, regulations or rules provide for measures to reward couples who obtain the "Certificate of Honor for Parents of an Only Child" to be implemented by their units, the relevant units shall implement them.

For couples who have obtained the "Honorary Certificate for Parents of an Only Child", if their only child suffers accidental disability or death, they will receive assistance in accordance with regulations.

During the period when the country advocates that a couple have one child, those who are entitled to rewards and assistance for elderly people in family planning families according to regulations shall continue to enjoy the relevant rewards and assistance.

Article 28 Local people's governments at all levels shall provide financial, technical, training and other support and preferential treatment to rural families that practice family planning to develop their economy; and shall give priority care to poor families that practice family planning in poverty alleviation loans, work-for-relief, poverty alleviation projects and social relief.

Article 29 The people's congresses and their standing committees or the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and larger cities may, in accordance with the provisions of this Law and relevant laws and administrative regulations and in light of local actual conditions, formulate specific implementation measures for the incentive measures prescribed in this chapter.

Chapter V Family Planning Technical Services
Article 30 The State shall establish systems for premarital health care and prenatal and postnatal health care to prevent or reduce birth defects and improve the health of newborns.

Article 31 People's governments at all levels shall take measures to ensure that citizens have access to family planning technical services and improve their reproductive health.

Article 32 Local people's governments at all levels shall rationally allocate and comprehensively utilize health resources, establish and improve a family planning technical service network consisting of family planning technical service institutions and medical and health institutions engaged in family planning technical services, improve technical service facilities and conditions, and enhance the level of technical services.

Article 33 Family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within the scope of their respective duties, carry out publicity and education on basic population and family planning knowledge for the childbearing population, conduct pregnancy examinations and follow-up services for married women of childbearing age, and undertake consultation, guidance and technical services on family planning and reproductive health.

Article 34 Family planning technical service personnel shall guide citizens who implement family planning to choose safe, effective and appropriate contraceptive measures.

For couples who already have children, it is recommended that they choose long-term contraceptive measures.

The state encourages the research, application and promotion of new technologies and contraceptives for family planning.

Article 35: It is strictly prohibited to use ultrasound technology and other technical means to identify the sex of the fetus for non-medical needs; it is strictly prohibited to terminate pregnancy for sex selection for non-medical needs.

Chapter VI Legal Liability
Article 36 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the family planning administration or health administration to make corrections, be given a warning, and have his illegal gains confiscated; if the illegal gains are more than RMB 10,000, a fine of not less than two times but not more than six times the illegal gains shall be imposed; if there are no illegal gains or the illegal gains are less than RMB 10,000, a fine of not less than RMB 10,000 but not more than RMB 30,000 shall be imposed; if the circumstances are serious, the original issuing authority shall revoke the practicing certificate; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

(1) illegally performing family planning surgery on others;

(2) Using ultrasound technology or other technical means to identify the sex of a fetus for non-medical purposes or to perform sex-selective artificial termination of pregnancy for others;

(3) Conducting false medical appraisals or issuing false family planning certificates.

Article 37: If anyone forges, alters, or buys and sells a family planning certificate, the family planning administrative department shall confiscate the illegal gains. If the illegal gains are more than RMB 5,000, a fine of not less than two times but not more than ten times the illegal gains shall be imposed. If there are no illegal gains or the illegal gains are less than RMB 5,000, a fine of not less than RMB 5,000 but not more than RMB 20,000 shall be imposed. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

If a family planning certificate is obtained by improper means, the family planning administrative department shall cancel the certificate; if the unit that issued the certificate is at fault, the directly responsible supervisor and other directly responsible persons shall be given administrative sanctions according to law.

Article 38 If family planning technical service personnel operate in violation of regulations or delay rescue or treatment, causing serious consequences, they shall bear corresponding legal responsibilities in accordance with the relevant laws and administrative regulations.

Article 39 If a state organ staff member commits any of the following acts in the family planning work and such acts constitute a crime, he shall be investigated for criminal responsibility in accordance with the law; if such acts do not constitute a crime, he shall be given administrative sanctions in accordance with the law; if any illegal gains are made, the illegal gains shall be confiscated:

(1) Infringement of citizens' personal rights, property rights and other lawful rights and interests;

(2) Abusing power, neglecting duties, or engaging in malpractice for personal gain;

(3) Soliciting or accepting bribes;

(4) Withholding, deducting, misappropriating or embezzling family planning funds or social maintenance fees;

(5) Falsely reporting, concealing, forging, tampering with or refusing to report population and family planning statistical data.

Article 40 Anyone who violates the provisions of this Law and fails to perform the obligation to assist in family planning management shall be ordered to correct the violation by the relevant local people's government and be criticized in a circular; the directly responsible supervisor and other directly responsible persons shall be given administrative sanctions in accordance with the law.

Article 41 Citizens who give birth to children in violation of the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the law.

If the social maintenance fee is not paid in full within the prescribed time limit, a late payment fee will be charged in accordance with relevant national regulations from the date of default. If it is still not paid, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution in accordance with the law.

Article 42 Where a person who pays social maintenance fees in accordance with Article 41 of this Law is a state employee, he or she shall also be given administrative sanctions in accordance with the law; other persons shall also be given disciplinary sanctions by their units or organizations.

Article 43 Anyone who refuses or obstructs the family planning administrative department and its staff from performing their duties according to law shall be criticized and educated by the family planning administrative department and shall be stopped; if it constitutes an act of violation of public security management, he shall be given public security management punishment according to law; if it constitutes a crime, he shall be held criminally liable according to law.

Article 44 If a citizen, legal person or other organization believes that an administrative agency has violated their legitimate rights and interests in the implementation of family planning management, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

Chapter VII Supplementary Provisions
Article 45 The specific management measures for family planning work for the migrant population, the specific management measures for family planning technical services and the collection and management measures for social maintenance fees shall be formulated by the State Council.

Article 46 The specific measures for the Chinese People's Liberation Army to implement this Law shall be formulated by the Central Military Commission in accordance with this Law.

Article 47 This Law shall come into force on September 1, 2002.

Remark:

This regulation will take effect on January 1, 2016 and will remain valid until 2018.

Last updated: 2017.10.18