Earlier today China’s official Xinhua News Agency reported that the Communist Party of China (CPC) has issued a communique announcing that all married couples will be allowed to have two children. This decision brings an end to the decades-long “one-child policy.” Still, the new “two-child policy” will need to be adopted by provinces, autonomous regions, and municipalities directly under the Central Government to become law. This blog post explains the legislative framework of China’s family planning law, and provides links to provincial regulations revised mostly in 2014. These regulations allow more, but not all, married couples to have a second child based on a previous policy change the CPC announced in November 2013.
Legislative Framework of China’s Family Planning Law
At the Law Library of Congress, we are asked from time to time about sources of China’s “one-child law.” It would be a relatively easy question to answer if we were just talking about the national law: article 25 of the Chinese Constitution provides that the State “promotes family planning so that population growth may fit the plans for economic and social development.” In 2001, the nationally applicable Population and Family Planning Law was adopted by the Standing Committee of the National People’s Congress. The Law entered into effect on Sep