Skip to main content
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
  • Topics

    • Family

      • Family of Green Card Holders (Permanent Residents)
      • Family of Refugees and Asylees
      • Family of U.S. Citizens
    • Adoption

      • Before You Start
      • Immigration through Adoption
    • Military

      • Citizenship for Military Family Members
      • Naturalization Through Military Service
    • Humanitarian

      • Humanitarian Parole
      • Refugees and Asylum
      • Temporary Protected Status
    • Visit the U.S.

      • Change My Nonimmigrant Status
      • Extend Your Stay
    • Working in the United States

      • Permanent Workers
      • Temporary (Nonimmigrant) Workers
    • Avoid Scams

      • Common Scams
      • Find Legal Services
      • Report Immigration Scams
    • Careers at USCIS

      • Career Opportunities
      • Special Hiring Programs
  • Forms

    • Most Accessed Forms

      • I-485, Application to Register Permanent Residence or Adjust Status
      • I-765, Application for Employment Authorization
      • I-90, Application to Replace Permanent Resident Card (Green Card)
      • N-400, Application for Naturalization
    • All Forms

    • File Online

    • Family Based Forms

      • I-129F, Petition for Alien Fiancé(e)
      • I-130, Petition for Alien Relative
      • I-360, Petition for Amerasian, Widow(er), or Special Immigrant
      • I-600, Petition to Classify Orphan as an Immediate Relative
      • I-751, Petition to Remove Conditions on Residence
    • Employment Based Forms

      • I-9, Employment Eligibility Verification
      • I-129, Petition for a Nonimmigrant Worker
      • I-140, Immigrant Petition for Alien Workers
      • I-526, Immigrant Petition by Standalone Investor
      • I-539, Application to Extend/Change Nonimmigrant Status
    • Humanitarian Based Forms

      • I-134A, Online Request to be a Supporter and Declaration of Financial Support
      • I-589, Application for Asylum and for Withholding of Removal
      • I-730, Refugee/Asylee Relative Petition
      • I-821, Application for Temporary Protected Status
  • Newsroom

    • All News

      • Alerts
      • Fact Sheets
      • News Releases
    • Media Contacts

    • Multimedia Gallery

    • Social Media Directory

    • Speeches, Statements, Testimony

  • Citizenship

    • Learners

      • Apply for Citizenship
      • Learn About Citizenship
      • Naturalization Test and Study Resources
    • Educators

      • Educational Products for Educators
      • Resources for Educational Programs
      • Teacher Training Sessions
    • Organizations

      • Outreach Tools
      • Civic Integration
      • Interagency Strategy for Promoting Naturalization
      • Naturalization-Related Data and Statistics
    • Grants

      • Learn About the Citizenship and Integration Grant Program
      • Success Stories from Grant Recipients
  • Green Card

    • Green Card Processes and Procedures

      • Adjustment of Status
      • After We Grant Your Green Card
      • Employment Authorization Document
      • Visa Availability and Priority Dates
    • Green Card Eligibility Categories

    • How to Apply for a Green Card

    • Replace Your Green Card

    • While Your Green Card Application Is Pending with USCIS

  • Laws

    • Legislation

      • Immigration and Nationality Act
    • Class Action, Settlement Notices and Agreements

    • Unlawful Presence and Inadmissibility

    • Policy Manual

    • Regulations

    • Administrative Appeals

  • Tools

    • Self-Help Tools

      • Check Case Processing Times
      • Case Status Online
      • Change of Address
      • E-Request
      • Password Resets and Technical Support
    • Website Resources

      • Archive
      • A-Z Index
      • Website Policies
    • Additional Resources

      • Explore my Options
      • Immigration and Citizenship Data
      • Multilingual Resource Center
      • USCIS Tools and Resources
  • Contact us
  • Multilingual Resources
Main navigation
Skip to main content
  • Archive
Breadcrumb
  1. Home
  2. Archive
  3. Resource Information Center: China

Resource Information Center: China

Archived Content

The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.

Response to Information Request Number: CHN99003.ZLA
Date: 22 October 1998
Subject: China: Family Planning
From: INS Resource Information Center, Washington, DC
Keywords: China / Family Planning

Query:

Family Planning: What is the policy regarding a Chinese couple with two children, one from the husband's previous marriage and one from the wife's previous marriage?

Response:

There are generally few exceptions to the one-child policy principle, and the regulations are complicated. In a 1995 paper, Canada's Research Directorate of the Immigration and Refugee Board cited Peng Xizhe's Demographic Transition in China: Fertility Trends since the 1950s as including a 1984 table listing 15 exceptions for allowing a second birth and charting them for 25 of the 30 provinces, municipalities and autonomous regions. The paper noted that virtually all areas allowed for a second birth if "one spouse in a second marriage has never had children and the other has one child from a previous marriage" (DIRB, January 1995). This exception, however, only applies to the situation where one spouse in a second marriage has never had children.

According to a professor at the University of California, Irvine who specializes in China's population control policy, in general, if each newly remarried spouse already has a child, they are allowed no more. However, there is no policy on specific issues such as this a the central level. This kind of issue is handled by the provinces in regulations usually called "Birth Planning Regulations of xx Province." The professor stated that in her opinion, it is safe to assume that in the great majority of cases, couples in such circumstances would not be allowed more children (16 Oct. 1998).

This response was prepared after researching publicly accessible information currently available to the RIC within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References:

Documentation, Information and Research Branch (DIRB), Immigration and Refugee Board, Ottawa, January 1995. China: One-Child Policy Update (REFWORLD)

Professor of Anthropology, University of California, Irvine. 16 October 1998. Electronic Mail Exchange.

Last Reviewed/Updated:
10/14/2015
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal
Agency description

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov