What are the conditions for remarriage to have children?

I am second married: my wife has two children and I have one child'Can I still have a child? Thank you!

According to the new policy of remarriage and having a second child, the Family Planning Law stipulates that remarried couples must have less than two children before they can have children.

Article 15: Where both husband and wife meet any of the following conditions, they may request to have another child:

1) The first child is disabled or the first child is a twins or multiple births are disabled and cannot grow into a normal labor force, and are medically deemed to be able to give birth to another child, as determined by the medical appraisal organization for sick and disabled children determined by the administrative department for population and family planning of a city divided into districts, autonomous prefectures, or provinces;

2) Remarried couples, where one party gave birth to two or fewer children (including lawful adoption, the same below) before the remarriage, and the other party has not given birth to children.

3) Where a remarried couple each had one child before the remarriage, and the minor children were determined to be with the former spouse by a judgment in accordance with law or a divorce agreement at the time of divorce, and the new family has no children.

4) Remarried couples, each of whom had one child before the remarriage, and the new combined family has only one child, but the child is a disabled child and cannot grow into a normal labor force, and is medically considered to be able to have another child.

5) Neither husband nor wife has ever given birth to a child before marriage, but after marriage has been assessed by a medical or health care institution at or above the county level to suffer from infertility, and then becomes pregnant after adopting a child in accordance with law.

6) The husband and wife are only children and have only one child.

7) One of the husband and wife has been working in a mine or deep water for five consecutive years, and is still engaged in that work and has only one child.

8) The husband and wife are rural residents (agricultural population, the same below) and have only one child and are girls.

9) Both parties are returned overseas Chinese or Hong Kong, Macao and Taiwan residents residing in the Mainland, and only one child is residing in the Mainland.

Legal analysis: 1. Within two children, the other party has never given birth;

2. Remarried couples, each of whom gave birth to one child before the remarriage, and the minor children are determined to be with the former spouse by a judgment or divorce agreement at the time of divorce, and the new combined family has no children;

3. Remarried couples, each party has one child before remarriage, and the new combined family has only one child but the child is a disabled child, and cannot grow into a normal labor force to send a stool filial piety, and medically believes that they can have another child.

The conditions for reproduction due to special circumstances shall be separately stipulated by the people of the city.

Legal basis: Article 1088 of the Civil Code of the People's Republic of China: Where one of the spouses has more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Legal analysis: One or both of the husband and wife apply for the remarriage to have another child, and one of the following conditions is met: (1) the remarried couple "one party has given birth to a child, but the other party has not given birth".

2) Remarried couples "one of the spouses has given birth to two children, and the other spouse has not given birth".

3) The remarried couple "pretended to be wise, and each of them had a child before remarriage, and both lived with their former spouses in accordance with the law".

Legal basis: According to Article 18 of the Regulations on the Chinese Population and Family Planning, the State stabilizes the current birth policy, encourages citizens to marry later and have children later, and advocates that a couple have one child; Those who meet the requirements provided for by laws and regulations may request that arrangements be made for the birth of a second 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.

Nowadays, there are many remarried families who start a new family after divorce, and they may have children in the original family, but if the new family is formed and the next generation is wanted, what should be paid attention to? First of all, we should consider whether there will be a phenomenon of overbirth, although the country has now opened up the two-child policy. However, if both parties have children, there will still be superbirths.

It is necessary for one of the children to be a girl in order to have another child.

The family that manages the relationship and remarries needs to have a fixed place of residence so that the child can be registered. This is in terms of household registration and law, in terms of spirit and emotion, first of all, the child is the crystallization of love. For remarried families, dealing with intra-family relationships can be complicated, especially if both parties have children in the knowing family.

Managing the relationship between children and their other half is the top priority that every remarried family needs to consider.

In this case, if both parties want to have children again, they first need to get the consent of their children. Otherwise, if these children are not very old, they will marry another stranger after their parents divorce, and give birth to themselves a half-brother or half-brother, in which case this brother will take away the love that his parents gave to Yan and himself. To have this kind of rebellious psychology, and will have resistance or even hostility towards the child born after remarriage, it is very necessary to communicate well with the children of your original family.

Frankly. <> value childrenAnd you can't ignore your love for the child before you because you divorced and chose to have children again. Although the divorce rate is very high now, and the remarriage rate is also very high, and these reconstituted families are not uncommon, but we must consider the growth of the children left by their previous original family, and we must pay attention to these children, who are the biggest victims of marriage. It is said that children are the flowers of the motherland, but there are many children from divorced families, but they have become a drag that no one cares about and no one wants.

I hope that these parents should pay attention to the fact that it is normal for their original children to pursue a new life, but they should not neglect the love for their children.

If you want to have children, you must pay attention to an opinion of both sides, or the only thing is that if you are dizzy, you can also follow it if you have children. The opinions of your own children, as well as the fact that you can also go, let the parents of both sides also understand the situation, and then make a judgment.

It is necessary to pay attention to the economic situation of the two people, to pay attention to the thoughts of the sons and daughters, to consider their own bodies, to consider the thoughts of the silver leakage to other people in the family, and to pay attention to the intake of nutrition.

Article 23: Husbands and wives who already have one child may have a second child in any of the following circumstances:

1) The first-born child is a sick or disabled child who cannot grow into a normal labor force, but it is medically believed that the parents can have another child;

2) Suffering from infertility (childbearing) and recovering from pregnancy after adopting a child in accordance with the provisions of the "Adoption Law of the People's Republic of China";

3) Both husband and wife are only children;

4) Both husband and wife are ethnic minorities with a population of less than 10 million nationwide;

5) Both husband and wife are returned overseas Chinese;

6) Persons who have lost their ability to work normally due to the protection of the safety of people's lives and property, emergency rescue and disaster relief, or acts of righteousness and courage, and the only child of martyrs.

Article 24: In any of the following circumstances, remarried couples may have another child:

1) One party already had a child before remarriage, but the other party did not have children;

2) One party was widowed after lawfully giving birth to two children before remarriage, and the other party had not given birth;

3) Where both parties have one child before remarriage, and the new combined family has only one child, and the child is a sick or disabled child who cannot grow into a normal labor force, and it is medically considered that the parents can have another child.

Article 25 Where both husband and wife have a rural household registration and have any of the following circumstances, they may have a second child:

a) There is only one girl;

2) A man marries and settles down in a single-woman household or a two-woman household;

3) One of the husband and wife has a non-hereditary disability and has lost the ability to work normally;

4) Those living in sparsely populated alpine mountainous areas. The standards and scope of the sparsely populated alpine mountainous areas shall be determined by the provincial population and family planning administrative departments in conjunction with relevant departments.

Those who meet one of the following special circumstances shall be jointly applied for by the husband and wife, and upon the examination and approval of the family planning administrative department at the county level (including county-level cities and districts, the same below), they may arrange to have another child according to the population plan and the interval provisions:

1) The only child suffers from a non-hereditary disability and is unable to grow into a normal labor force after being assessed by a medical appraisal organization for sick and disabled children at or above the city (excluding county-level cities);

2) Remarried couples where one party has given birth to one child and the other party has not given birth; or where both parties have each given birth to one child before remarriage, and the judgment or divorce agreement at the time of divorce determines that the child is with the former spouse, and the new family has no children;

3) Those who have been infertile for more than five years after marriage, who have been assessed by a health care institution at the county level or above to suffer from infertility, and who have adopted a child in accordance with law and then become pregnant;

4) An only child marries an only daughter;

5) One of the husband and wife has been working in a mine underground or under deep water for more than five consecutive years, and is still engaged in that work;

(vi) Both husband and wife belong to the agricultural population and the first child is a girl.

So only the third case you said can have another child.