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Not all remarried couples can have three children. The condition for a third child is that both parties have a child in their name, so that you can have a common child.
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Can remarried couples have three children in 2016? When can you have a third child if you remarry?
Since the liberalization of the comprehensive two-child policy, having a second child has become the focus of many people's attention, including remarriage and having a second child. What is the new policy for remarriage and second children in 2016? What are the conditions for remarrying and having a second child in 2016?
According to the 2016 new policy on remarriage and second children, the Family Planning Law stipulates that remarried couples must have less than two children before they can have children. If both husband and wife meet one of the following conditions, they may request to have another child:
1. The first child is disabled or the first child is disabled or the first child is disabled and cannot grow into a normal labor force because of the medical appraisal organization determined by the people's population and family planning administrative department of a city divided into districts, autonomous prefecture or province, and the first child is considered to be able to have another child;
2. Remarried couples, one of whom gave birth to no more than two children (including adoption in accordance with law, the same below) before remarriage, and the other party has not given birth.
3. Remarried couples, each of whom had one child before the remarriage, and the minor children were determined to be with the ex-spouse by a judgment or divorce agreement at the time of divorce, and the new combined family had no children.
4. 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 who 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 identified as suffering from infertility by a medical or health care institution at or above the county level, and then becomes pregnant after adopting a child in accordance with law.
6. Both 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 more than five consecutive years, and is still engaged in the work and has only one child.
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Can a remarried couple have three children?
1. Remarried couples can have three children. The three-child policy has been opened, allowing a couple to have three children, and those who meet the conditions stipulated by laws and regulations can request to have another child. If the remarried family has only two children, the parties may decide to have a third child.
2. Legal basis: Article 18 of the Population and Family Planning Law of the People's Republic of China.
The State advocates age-appropriate marriage and childbearing, and eugenics. A couple can have three children.
Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of 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 should also practice family planning, and 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.
Where there are inconsistencies between the provisions on the reproduction of children between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered, they are to be applied in accordance with the principle of benefiting the parties.
2. What conditions are required to allow the birth of three children.
The conditions under which three children are allowed are as follows:
1. The husband and wife have suffered from infertility and the woman becomes pregnant again after adopting two children in accordance with the law;
2. One of the remarried couples has given birth to two children, and the other party has not given birth to or has given birth to one child, and there are no children together after remarriage;
3. One of the remarried couples has given birth to one child, and the other party has not given birth, and has given birth to a child together after remarriage;
4. If both husband and wife are ethnic minority rural residents, and both husband and wife are only children, they can be allowed to have a third child.
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Legal analysis: According to the new three-child policy, if there are only two children, a third child can be born. If the third child is the fourth child, it will not be able to give birth, and this will be fined.
Legal basis: "Decision of the ***** of the Communist Party of China on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population" Article 8 The three-child policy shall be implemented in accordance with the law. The "Population and Family Planning Law of the People's Republic of China" was amended to promote age-appropriate marriage and childbearing, eugenics, and the implementation of the three-child policy.
All provinces (autonomous regions and municipalities directly under the Central Government) are to comprehensively consider the population development situation, work foundation, and policy implementation risks in their respective regions, do a good job of policy convergence, and organize their implementation in accordance with law.
If you can ensure that the child can be given a good growth environment, then it is okay to be born, if you are uncertain and the economic ability and living conditions are limited, in the spirit of a responsible attitude towards the child, then put it off again.
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