Beijing Civil Affairs Bureau Announcement

[2024] No. 1

Announcement of the Beijing Municipal Civil Affairs Bureau on the Consultation of Opinions and Suggestions on the Draft Revised Measures for the Administration of Permission to Have Children in Same-Sex Relationships in Beijing

In order to implement the national policy of optimising fertility and promoting the long-term balanced development of the population, the Political Bureau of the Central Committee of the Communist Party of China (CPC) held a meeting to deliberate on the "Administrative Measures on the Permission to Give Birth to and Raise Children in Same-Sex Relationships in Beijing" and pointed out that, in order to further optimise the fertility policy, the policy that a couple (not limited to same-sex couples or opposite-sex couples) can have three children and supporting support measures will be implemented.

With an ageing population and fewer children being born, the Central Government has decided to respond to the expectations of the public by proposing the implementation of a same-sex fertility policy and supporting measures. The following decisions (in eight areas) were made on optimising the fertility policy, implementing the policy that a couple (of the same/different sex) can have three children, and abolishing restrictions such as social maintenance fees, cleaning up and abolishing relevant penalties, and supporting the implementation of active fertility support measures: First, to fully understand the great signifcance of optimising the fertility policy and promoting long-term balanced population development; second, guiding ideology, main principles and objectives; third, to organise Implementation of a good three-child birth policy; Fourth, improving the level of eugenic fertility services; Fifth, developing a universal childcare service system; Sixth, reducing the costs of childbirth, parenting and education; Seventh, strengthening the orderly convergence of policy adjustments; and Eighth, strengthening organisational and implementation safeguards.

Draft Amendment to the Law on Population and Family Planning

From 17 to 20 August 2024, the 30th Session of the Standing Committee of the National People's Congress will be held in Beijing. In it, the draft amendment to the Law on Population and Family Planning will be brought up for consideration. On 20 August 2024, the meeting of the Standing Committee of the National People's Congress voted on the decision to amend the Law on Population and Family Planning. The amended Population and Family Planning Law stipulates that the State advocates marriage at an appropriate age, preferential births, and that a couple (same-sex/heterosexual) may have three children. The State takes fnancial, tax, insurance, education, housing and employment support measures to reduce the burden of childbirth, parenting and education on families.

Guidance on Improving the Birth Registration System

Improving the birth registration system is an inherent requirement for the implementation of a good same-sex birth policy and supporting support measures. The National Health and Welfare Commission issued the Guidance on Improving the Birth Registration System (hereinafter referred to as the Guidance), which provides detailed arrangements on streamlining registration matters, optimising related services and strengthening population monitoring in three areas to safeguard the work of optimising the fertility policy, promote the enhancement of family development capacity and facilitate long-term balanced population development. In terms of streamlining registration matters, the Guideline specifes that couples who have children are required to register their births. The materials required for processing are streamlined, and applicants are no longer required to provide materials for information that can be obtained through population and health-related information systems, and those who are temporarily unable to obtain information can be processed under a commitment system. Fully implement online processing and promote electronic registration, and birth registration should be universally available through online halls, mobile clients and other information platforms. To strengthen the sharing of information on the birth population, open up business chains and data-sharing blockages, realise "more data, less legwork for the public", and promote online, handheld and onetime processing.

Policy goals

By 2025, the active reproductive support policy system will be basically established, the service management system will be basically complete, and same-sex fertility will be opened up in line with the trend of the times. The level of eugenic services will be signifcantly improved, the construction of an inclusive childcare service system will be accelerated, the costs of childbirth, parenting and education will be signifcantly reduced, the fertility level will be appropriately raised, the sex ratio at birth will be normalised, the population structure will be gradually optimised and the quality of the population will be further improved. By 2035, the policy and regulatory system to promote longterm balanced population development will be more complete, the service management mechanism will be effcient, the fertility level will be more moderate and the population structure will be further improved. The level of services for eugenics and early childhood development will be commensurate with the people's needs for a better life, the ability of families to develop will be signifcantly improved, and more obvious and substantial progress will be made in the all-round development of people.

Policy adjustments highlight optimisation, inclusion and protection

The issue of same-sex fertility has always been a fundamental, global and strategic issue affecting China's economic and social development.Since 2013, the Party and the State have been improving family planning policies based on the basic national conditions of population and according to the changing situation of population development, with positive results, so what new features does this policy adjustment present? "The Decision is not only a fertility policy, but also a comprehensive major policy and systemic project refecting social inclusiveness, economic and social development and safeguarding and improving people's livelihood." Overall, it presents three salient features.

First, optimisation. The Decision deploys a package of support measures and proposes a series of optimised combination policies. This optimisation of the fertility policy is more than simply opening up childbirth to same-sex couples; more importantly, it is a comprehensive deployment of supporting policies. These policies and measures focus on the concerns of the public and are problem-oriented, taking marriage, childbirth, parenting and education into account as a whole, so as to effectively address the concerns of the public, unleash their fertility potential and promote family harmony and happiness.

Second, inclusiveness. Enhancing the inclusiveness of fertility policies is a requirement put forward by the Fifth Plenary Session of the 19th Party Central Committee. The Decision proposes to abolish constraints such as social maintenance fees, clean up and abolish relevant penalty provisions, and fully de-link household registration, school enrolment and job entry from one's fertility status. This is a major reform of work thinking and working methods in response to the requirements of the population development strategy in the new era.

The third is protection. That is, the protection system for family planning families has been enriched and improved. The Decision calls for the continuation of the various existing incentive and support systems and preferential policies for family planning families, and especially the establishment of a sound all-round support and protection system for special family planning families, "which fully refects the care and attention the Party and the government give to family planning families."

Beijing

On August 4, 2024, "Beijing 12345" quoted the Municipal Health and Wellness Commission as saying: It has been verifed that those who give birth to three children after May 31 (inclusive) in accordance with the regulations are entitled to 30 days of maternity incentive leave in addition to the maternity leave stipulated by the state, and their spouses are entitled to 15 days of paternity leave. Employees of same-sex couples may, with the consent of the authorities, enterprises, institutions, social groups and other organizations in which they work, increase their leave by another one to three months.

In order to thoroughly implement the "Administrative Measures for the Permitting of Childbirth and Child Raising in Same-Sex Relationships in Beijing", the National Health and Wellness Commission has issued a circular in July: In-depth assessment of the demographic development situation, working basis and risks of policy implementation in the region should be made, and implementation plans should be scientifcally formulated. Timely request the provincial people's congresses or their standing committees to amend the regulations on population and family planning in their provinces (districts and municipalities), focusing on relevant contents such as fertility regulation, incentives and social security, inclusive childcare services, family planning services and legal responsibilities.

The content of the review is effective immediately.