China: Treatment of pregnant, unmarried women by state authorities, particularly in Guangdong and Fujian; whether unmarried women are obliged to undergo pregnancy tests by family planning officials (2002-2005)

English sources available to the Research Directorate on the treatment of unmarried women who bear children, other than provincial family planning regulations, were scarce. As reported by the United States (US) Department of State, "[i]t continued to be illegal in almost all provinces for a single woman to bear a child, and social compensation fees have been levied on unwed mothers" (Country Reports 2004 28 Feb. 2005, Sec. 1). The same source noted that in 2004 the policy of levying fees for bearing a child out of wedlock was lifted "on an experimental basis" in some counties, and was "relaxed in cases where couples promptly registered their marriages" (US 28 Feb. 2005, Sec. 1).

Article 55(d) of the Population and Family Planning Regulations of the Province of Guangdong stipulates that, "[i]n the case of a first birth out of wedlock, a social support fee shall be imposed that is twice the amount" of the fee imposed on married couples who have one more child than is permitted (PRC 25 July 2002). Where an unwed mother has a second child, the fee imposed is between three to six times the amount levied on married couples who have one more child than is permitted (ibid.).

According to Article 14 of the Population and Family Planning Regulations of Fujian Province, a woman is not allowed to give birth out of wedlock (PRC 30 July 2002). In the case of an unmarried woman who bears a child, Article 39 sets out the application of a social maintenance fee equivalent to four to six times the average annual disposable income of the residents of the county where the woman resides (ibid.). The fine is higher for a second or subsequent child born out of wedlock (ibid.).

In Zhejiang Province, family planning regulations stipulate that a man and a woman who have a child out of wedlock must pay separate social maintenance fees in the amount of one to two times the annual per capita disposable income of local residents (PRC 3 Sep. 2002, Art. 49).

Couples in Hunan Province who are eligible to marry but who have not registered for marriage at the time of a first pregnancy must obtain a marriage license as well as a certificate approving the birth of a first child, before the child is born (PRC 29 Nov. 2002, Art. 43). However, if a child is born out of wedlock, the couple is required to pay a social maintenance fee in the amount of twice their total combined income for the previous year (ibid.). For any subsequent child, the amount of the fee triples (ibid.).

The Henan Province Population and Family Planning Regulations state that if a woman gets pregnant outside of wedlock, "necessary remedial measures shall be taken and the pregnancy terminated under the guidance of family planning technical service workers" (PRC 30 Nov. 2002, Art. 25).

In correspondence to the Research Directorate, an associate professor of sociology at Brown University who has studied the effects of family planning policies in China stated that because family planning regulations are implemented by local authorities "[a]ctual implementation can vary from place to place [and] fines ... may or may not be collected" (31 Aug. 2005). Additional information on the implementation of family planning policies aimed at unmarried women could not be found among the sources consulted within time constraints.

In 2002, Jilin Province legalized the right of unmarried women who are of marrying age and who intend to remain single to have a child through the use of reproductive technology (Beijing Review 12 Feb. 2004; People's Daily 4 Feb. 2004; Shanghai Star 3 Jan. 2003). A single woman who has had a child through assisted medical technology may still one day marry and, if her husband does not have a child, may have a second child with him (People's Daily 4 Feb. 2004). People's Daily reported in early 2004 that thus far the Jilin Population and Family Planning Commission had received some enquiries about the new provision, but no one had yet made arrangements to have a baby through assisted reproduction (ibid.). Still, according to a report by The Guardian, "[i]n the popular debate, most women approve of the idea [of having a baby through reproductive technology] even though marriage is still the preferred option" (24 Dec. 2002). In late 2003, the Chinese Ministry of Health issued revised standards for assisted reproductive technology, prohibiting medical institutions from providing reproductive technology services to single women (Beijing Review 12 Feb. 2004; People's Daily 4 Feb. 2004). An official with the Jilin family planning commission told People's Daily that the province had no intention of changing its provincial family planning law to accommodate the revised state regulations (4 Feb. 2004). According to the official, since family planning regulations in Jilin allow women to seek assisted reproduction services, this action cannot be deemed illegal (People's Daily 4 Feb. 2004).

New regulations issued in late 2001 stipulate that the Shanghai municipal government would pay for all basic medical costs for new mothers and provide them with a monthly stipend during their maternity leave (Eastday.com 31 Oct. 2001). However, unwed mothers would not be eligible for these benefits (ibid.).

Xinhua reported that babies abandoned by their parents often include those born out of wedlock (10 Jan. 2005; see also The Guardian 24 Dec. 2002). In Shanghai, a study revealed that 80 per cent of unmarried women who had had an abortion in 2004 had not used contraception (Asian Sex Gazette 9 June 2005). Among married women who had had an abortion in 2004, 60 per cent had not used contraception (ibid.). A similar study by Fudan University showed that the rate of abortion was much higher among unmarried women than among married women (China Daily 18 Jan. 2005). While sex before marriage is becoming increasingly common – particularly in urban areas – unmarried women have little access to information about contraception (ibid.). Researchers at Fudan University concluded in their study that "'there is a large unmet need for reproductive health services for women prior to marriage in China'" (ibid.).

Information on whether single women are required to undergo pregnancy tests by family planning authorities could not be found among the sources consulted within time constraints.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Asian Sex Gazette. 9 June 2005. "China: Little Sex Knowledge Means More Abortions." [Accessed 5 Aug. 2005]

Associate professor of sociology, Brown University, Providence. 31 August 2005. Correspondence.

Beijing Review. 12 February 2004. "Should Single Women Have the Right to Be a Mother?" [Accessed 24 Aug. 2005]

China Daily. 18 January 2005. Kristina Sivelle. "Chinese Women and Their Contraceptive Choices." [Accessed 24 Aug. 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. "China." United States Department of State. Washington, DC. [Accessed 29 Aug. 2005]

Eastday.com [Shanghai]. 31 October 2001. "Shanghai to Cover Childbirth Cost, Offer Stipends." China Internet Information Center [Accessed 24 Aug. 2005]

The Guardian [London]. 24 December 2002. John Gittings. "Birth Rights." [Accessed 24 Aug. 2005]

People's Daily. 4 February 2004. "Storm in a Test Tube." China Internet Information Center [Accessed 24 Aug. 2005]

People's Republic of China. 30 November 2002. Henan Province Population and Family Planning Regulations. Translation by Office of Language Services, Department of State, United States.
_____. 29 November 2002. Hunan Province Population and Family Planning Regulations. Translation by Office of Language Services, Department of State, United States.
_____. 3 September 2002. Population and Family Planning Regulations of Zhejiang Province. Translation by Office of Language Services, Department of State, United States.
_____. 30 July 2002. Population and Family Planning Regulations of Fujian Province. Translation by Office of Language Services, Department of State, United States.
_____. 25 July 2002. Population and Family Planning Regulations of the Province of Guangdong. Translation by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services, Canada.

Shanghai Star. 3 January 2003. "Having a Child Without Being Married." China Internet Information Center [Accessed 22 Nov. 2004]

Xinhua. 10 January 2005. "Facing the Reality: Baby Dumping." China Internet Information Center [Accessed 5 Aug. 2005]

Additional Sources Consulted

Publications: Population and Family Planning Law of the People's Republic of China

Population and Family Planning Regulations of Anhui Province

One oral source did not provide information within time constraints.

Internet sites, including: Amnesty International, BBC, Human Rights Watch, Les Pénélopes, Time (Asia).