Family planning laws and regulations have never stipulated that children born illegally in the past do not need to pay a "fine".
In other words, before the new two-child birth policy is officially implemented, if it is illegal to give birth, it is necessary to be prepared to pay social support.
The National Health and Family Planning Commission has made it clear that the date of implementation of the revised Population and Family Planning Law is when the universal two-child policy is formally implemented. Prior to this, all localities and departments must conscientiously implement the existing laws and regulations on population and family planning, maintain a good birth order, and must not go their own way.
This means that previous illegal births will be handled in accordance with the current population and family planning regulations of various provinces.
The state has liberalized the two-child policy since 20 16, not the second child policy. Advocate a couple to have two children.
Prior to this, as long as the two-child birth certificate was not applied for, the parties were all super-children who violated the family planning policy and needed to pay a symbolic social support fine.
According to the law, if a party refuses to pay, the family planning department that made the punishment decision may sue the party and apply for enforcement.
The Population and Family Planning Law of the People's Republic of China stipulates that:
Article 41 If a citizen does not meet the requirements of Article 18 of this Law to give birth to a child, he shall pay social support fees according to law.
Failing to pay the social maintenance fee payable in full within the prescribed time limit, an overdue fine will be charged in accordance with the relevant provisions of the state from the date of default; If it still fails to pay, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution according to law.
Article 42 If the person who pays social maintenance fees in accordance with the provisions of Article 41 of this Law is a state functionary, he shall also be given administrative sanctions according to law; Other personnel shall also be given disciplinary sanctions by their units or organizations.
Forty-third refused or hindered the family planning administrative department and its staff to perform official duties according to law, the family planning administrative department shall give criticism and education and stop it; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.