Legal basis: Article 18 of the Population and Family Planning Law of the People's Republic of China encourages a couple to have two children. Those who meet the requirements stipulated by laws and regulations may ask for another child. 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. If the provinces, autonomous regions and municipalities directly under the Central Government where the husband and wife are registered are inconsistent, the principle of benefiting the parties shall apply.
The Decision of the State Council, the Central Committee of the Communist Party of China on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population implements the policy that a couple can have three children, cancels restrictive measures such as social support fees, cleans up and abolishes relevant punishment provisions, and implements positive birth support measures.