Is this a violation of family planning 10

violated. Although all provinces, autonomous regions, and municipalities directly under the Central Government have stipulated that those who have not given birth and those who have remarried (regardless of how many children the latter has had) are allowed to have one, so as to protect citizens' reproductive rights, you should apply for a two-child birth certificate in this case (no matter how many children the remarried party has had before, the family planning department will handle the two-child certificate, because in the family planning industry, the legal birth is either one child, and all the others are two children. The first child can get pregnant without a license, but the second child is strictly controlled, and the second child must first apply for a second child birth certificate before getting pregnant.

Otherwise, it is illegal to give birth.

Do not violate the family planning policy.

When conceiving this child, you must be approved for rebirth and obtain a rebirth certificate, otherwise it will be illegal to give birth.

Family planning regulations vary from province to province, depending on which province or municipality they are from. In addition, the remarried party must reach the age of having a second child, and the first married party must reach the age of marriage to become pregnant, so as not to violate the family planning policy.

If the woman is unmarried or has never given birth to a child, she must go through the formalities. The penalty for failing to do so is also very light.

1.The key depends on whether the stepwife has given birth. If not, it is not violated; If you have given birth, it is violated. Refer to Article 2 below:

Fertility policy: Promote the birth of one child per couple. Those who meet one of the following special circumstances shall be jointly applied by both husband and wife, and may have another child according to the population plan and interval provisions upon examination and approval by the county-level (including county-level cities and districts, the same below) family planning administrative department

1) The only child suffers from a non-hereditary disability and cannot grow into normal labor after being assessed by a medical appraisal organization for sick and disabled children at the municipal level (excluding county-level cities) or above;

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 or 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.

Legal analysis: Violation of the Family Planning Law will be subject to administrative penalties and certain fines, and if a crime is constituted, criminal responsibility will be investigated.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 36 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections, given a warning, and confiscated illegal gains by the administrative department for family planning or health in accordance with its authority; where unlawful gains are more than 10,000 RMB, a fine of between 2 and 6 times the amount of unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 10,000 and 30,000 RMB is to be given; where the circumstances are serious, the original license-issuing organ shall revoke the practice certificate; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Illegally performing family planning surgery for others;

2) Using ultrasound technology or other technical means to conduct non-medically necessary fetal sex determination or sex-selective artificial termination of pregnancy for others;

3) Conducting false medical evaluations or issuing false family planning certificates.

Legal analysis: There are many meanings of violating the family planning policy: 1. Pregnant women who have given birth or have not gone through the formalities for giving birth 2. After giving birth, they pay the so-called social maintenance fee (that is, the fine for giving birth to the child) as required; 3. Illegal operation of family planning staff (such as illegal induction of labor, etc.) 4. The mother has a fixed maternity leave and rent, if the unit does not give maternity leave, it is a violation of the policy; 5. There are policy incentives for selling women as an only child, such as the unit's private deduction and interception, which is also a violation of the family planning policy.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 27 During the period when the State encourages a couple to have one child, the State will issue a "Certificate of Honor for Parents of One Child" to couples who voluntarily give birth to only one child for life.

Legal Analysis: Violations of the Regulations on Family Planning Registration generally belong to the civil category, but what constitutes a crime is the criminal category.

Legal basis: Regulations on the Chinese Population and Family Planning Article 36 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the administrative department for family planning or the administrative department of health on the basis of its authority, give a warning, and confiscate unlawful gains; where unlawful gains are more than 10,000 RMB, a fine of between 2 and 6 times the amount of unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 10,000 and 30,000 RMB is to be imposed; where the circumstances are serious, the original license-issuing organ shall revoke the practice certificate; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Illegally performing family planning surgeries for others;

2) Using ultrasound technology or other technical means to conduct non-medically necessary fetal sex determination or sex-selective artificial termination of pregnancy for others;

3) Carrying out false birth control operations, conducting false medical evaluations, or issuing false family planning certificates.

The criteria for violating the specific determination of family planning are: its.

1. Giving birth before reaching the legal interval between births; That.

2. Giving birth to a third or more children; 3. Remarriage A husband and wife who do not meet the requirements for childbirth and give birth. Family planning refers to planned births according to the policy of filial piety according to the population, and its main content and purpose are: to advocate late marriage, late childbearing, fewer births, and better births, so as to control the population in a planned way.

Article 10 of the Population and Family Planning Law of the People's Republic of China The people at or above the county level shall, in accordance with the population development plan, formulate and organize the implementation of the population and family planning implementation plan. The people's family planning administrative departments at or above the county level are responsible for the day-to-day work of implementing the population and family planning implementation plan. Townships, ethnic townships, and township offices and urban neighborhood offices are responsible for population and family planning work within their jurisdictions, and for implementing the population and family planning implementation plans.

Legal Analysis: The criteria for the specific determination of violation of family planning are:

(1) giving birth without reaching the legal interval between births;

(2) giving birth to a third or more children;

3. Remarriage A husband and wife who do not meet the requirements for childbirth and give birth.

Legal basis: "Law of the People's Republic of China on Population and Filial Piety and Family Planning" Article 10 The people at or above the county level shall, in accordance with the population development plan, formulate population and family planning implementation plans and organize their implementation.

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

The people's offices of townships, ethnic townships, and towns and urban sub-districts are responsible for population and family planning work within their respective jurisdictions, and implement the population and family planning implementation plans.

Penalty for violation of family planning: payment of social maintenance fees. Standard Calculations:

Where the actual income of rural residents is lower than the per capita net income of rural residents in the previous year, it is calculated on the basis of the per capita net income of rural residents in the previous year; Where the actual income of urban residents is lower than the per capita disposable income of the county (city, district) in the previous year, it shall be calculated on the basis of the per capita disposable income of urban residents in the county (city, district) in the previous year. Article 3 of the Administrative Measures for the Collection of Social Maintenance Fees Citizens who give birth to children who do not comply with the provisions of Article 18 of the Population and Family Planning Law shall pay social maintenance fees in accordance with the provisions of these Measures. The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations.

The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may violate the provisions of laws and regulations by adding additional items related to family planning and raising the standard for the collection of social maintenance fees.