The Provisions were adopted to implement the basic national policy of family planning, i.e. the “one-child policy” and to keep the sex ratio of the birth population within the normal range. Article 3 prohibits identifying the sex of the fetus for non-medical needs and to manually terminate the pregnancy because of the gender of the fetus, except for approval from the health administrative department or the family planning administrative department. Article 7 provides that if it is necessary for non-medical needs to terminate mid-term pregnancy (more than 14 weeks), an approval and corresponding certificate must be obtained from the family planning administrative department of the county-level people’s government, the sub-district office or the township people’s government. Article 7 further provides that if the fertility service certificate has been obtained and the pregnancy is terminated, the involved person shall be disciplined and educated by the family planning administrative department of the township people’s government, the sub-district office, or the county-level people’s government. The application for another birth shall not be approved until the facts are confirmed.
堕胎与生育权
为了贯彻计划生育基本国策、保证正常男女性别比例，国家卫生和计划生育委员会公布并实施了此规定。第三条规定，除在卫生和计划生育委员会的许可下，禁止任何单位或者个人实施非医学需要的胎儿性别鉴定和选择性别人工终止妊娠。第七条规定，在进行非医学需要下终止十四周以上的妊娠前，必须取得地方人民政府计划生育部门的许可。第七条还规定，如果在取得生育服务证后终止妊娠，当事者需接受人民政府计划生育部门的批评教育。如需申请新的生育服务证，必须经过事实确认。
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