Research Directorate, Immigration and Refugee Board of Canada

1. Overview

According to a report by the UK Home Office on contraventions to the family planning law in China, "[t]here are no official statistics for the number of single/unmarried mothers in China" (2022-12-07, para. 5.7.1). China Daily, a "state-owned" newspaper (Freedom House 2020-01), referencing a report from the [state-led (China n.d.)] All-China Women's Federation, notes that there were 24 million single-parent families in 2022, 70 percent of whom were led by single mothers (China Daily 2023-08-22). The Wall Street Journal (WSJ) notes that there is "scarce" data on children born outside of wedlock, but states that such births remain "rare," with researchers claiming the situation is "likely similar to other East Asian countries" where single mothers make up 2-3 percent of births (2023-02-15).

1.1 Policies and Legislation

Sources state that the national family planning law (US 2023-03-20, 66), or family planning policies (The New York Times 2021-05-31), only mentions married couples (US 2023-03-20, 66; The New York Times 2021-05-31). According to an article from the New York Times, the national family planning policy "does not explicitly state that an unmarried woman cannot have children"; however, a mother is defined as a married women and the policy "favors" married mothers, with single women being "regularly" denied access to public health care, insurance for maternity leave, and protection from employment termination due to pregnancy (2022-07-06). A 2021 country report on China by the Australian Department of Foreign Affairs and Trade (DFAT) notes that children born to single mothers "might" be considered "'out of plan'" with enforcement or penalties varying based on location (2021-12-22, para. 3.120). An article from the Associated Press (AP) reports that while the family planning policy does not "explicitly forbid" unmarried women from having children, its statement that "'the state encourages a husband and wife to have two children'" is interpreted at the local level to mean that "only a married couple can have children" (2021-03-14). Citing the founder of Advocates for Diverse Family Network the AP article further notes that "[m]any" local governments require a marriage licence to access maternity benefits such as paid maternity leave and prenatal visits; the article also states that "[s]ome" mothers raising children out of wedlock "may even face fines" (AP 2021-03-14). The US Department of State's Country Reports on Human Rights Practices for 2022 notes that unmarried mothers face social compensation fees [1] and "could" face denial of legal documents, including birth documents and the hukou residence permit, although these regulations are "rarely" enforced by local governments (2023-03-20, 66). The New York Times notes that the law requires a pregnant woman and her husband to register their marriage in order to access prenatal care at a public hospital (2022-07-06). The US Country Reports 2022 indicates that children born to single women "often" cannot be registered with the national household registration system and access public services, "including education, health care, identity registration, or pension benefits" (2023-03-20, 72). Global Times, a state-run newspaper (BBC 2023-08-22), notes that "[u]nder the current legislation, unmarried mothers are subject to penalties such as social support fees and are denied maternity leave and insurance" (Global Times 2022-03-05). According to the WSJ article, it "recently" became possible to access prenatal care or register to give birth at a public hospital without a marriage licence but it remains "hard" for single mothers to access national-insurance funds for maternity leave or social benefits for the child (2023-02-15). Sources note that proof of marriage is not required for a woman to access maternity benefits in Guangdong Province (AP 2021-03-14; The New York Times 2021-05-31). The New York Times further notes that Shanghai had expanded maternity benefits to single mothers but reversed the decision a few weeks later in April 2021 (2022-07-06). The same source further notes that "changes to Chinese law make it illegal to discriminate against the children of single parents, but some women still have to navigate an unsympathetic bureaucracy" (The New York Times 2022-07-06).

A CNN article states that until 2016 children of unmarried women were denied hukou and access to education and health care (2021-08-21). In correspondence with the Research Directorate, a postdoctoral fellow at Lingnan University in Hong Kong noted that although there is no national policy removing marriage as a requirement for birth registration, it has been removed by some local policies; the same source stated that in January 2016, the State Council issued a policy allowing children born outside of wedlock to receive a hukou residence permit (Postdoctoral Fellow 2023-09-11).

The General Office of the State Council provides the following in Comments on Issues Concerning Permanent Residence Registration:

[translation]

(1) Unregistered residents who do not conform to the family planning policies. In accordance with the policies for allowing children to choose to be listed under the registered permanent residence of their father or mother, unregistered residents who were not born in compliance with family planning policies or who were born out of wedlock may apply on their own, or have a guardian apply on their behalf, to register their permanent residence by presenting their Medical Certificate of Birth and the household register, marriage certificate or explanation of non-marital birth belonging to their parents. Unregistered residents who were born out of wedlock and who are applying to be listed under the registered permanent residence of their father must also provide a paternity test certificate issued by an accredited institution.

…

(7) Unregistered residents who were born out of wedlock to a Chinese citizen and a foreign national or stateless person. Unregistered residents who were born out of wedlock in China to a Chinese citizen and a foreign national or stateless person, and who have not become a citizen of another country, may apply on their own, or have a guardian who is a Chinese national apply on their behalf, to register their permanent residence by presenting their Medical Certificate of Birth, the explanation of non-marital birth belonging to their parents, and the household register belonging to the parent who is a Chinese citizen. Unregistered residents who have not received a Medical Certificate of Birth must provide a paternity test certificate issued by an accredited institution. (China 2016)

The Health Commission of Guangdong Province provides that

[translation]

Section 9

[m]arried couples who intend to have children shall complete and submit the Guangdong Provincial Registration Form with the information on their identity cards or household registers by visiting a processing agency or via the online platform.

Unmarried persons shall complete and submit the Guangdong Provincial Registration Form with the information on their identity card or household register by visiting a processing agency or via the online platform. (Guangdong 2022)

The Registration Form for Childbirth Services in Fujian Province states the following:

[translation]

3. Marital status: For marital births, [the marital status of the parents] shall be reported as first marriage, remarriage (to a different person) or remarriage (to the same person after a divorce). For non-marital and extramarital births, the specific marital status (married or unmarried) of the man and woman shall be indicated.

…

IV. Required documents for birth registration (electronic versions of the documents are accepted).

…

3. A scan or photograph of the marriage certificate (not applicable for non-marital births). (Fujian 2022)

2. Treatment by Authorities

The New York Times reports that there are government incentives to have children which are unavailable to single parents or unmarried couples (2022-07-06). The same source states that authorities moved to remove social support fees for single mothers to access benefits for their children in 2021 but "some areas have been slow to adopt the new rules, and the regulations can vary because enforcement is left to the discretion of local governments" (The New York Times 2022-07-06). Sixth Tone, a Shanghai-based English-language online media outlet that is overseen by its "state-owned parent company" Shanghai United Media Group (Foreign Policy 2016-06-03), states that the province of Guangdong "removed a major procedural obstacle to single mothers applying for maternity benefits" but has faced "contradictory directives and administrative practices" with "some" local officials denying single mothers' applications for maternity benefits (Sixth Tone 2021-09-01).

Sixth Tone also notes that in December 2020, Shanghai "stopped checking whether applicants for maternity benefits met the requirements of current family planning policies," but "some" single mothers had their benefits applications rejected (2021-09-01). According to sources, a single mother from Shanghai applied for maternity leave salary [and public insurance benefits (AP 2021-03-14)] in 2017 and faced years of media and court appearances before receiving her benefits in March 2021 (AP 2021-03-14; WSJ 2023-02-15). The WSJ article reports that by 2022 "some" other single mothers in Shanghai had also retroactively received benefits (WSJ 2023-02-15).

According to The Paper, a Chinese-language "state-backed" online publication and sister publication of Sixth Tone (Foreign Policy 2016-06-03), although Guangdong Province, Anhui Province, Shaanxi Province, and Fujian Province do not designate marriage as a restrictive condition for birth registration, other provinces and municipalities do require marriage certificates for registration, and [translation] "some" provinces, including Hebei, indicate that if a marriage registration is not completed up to 3 months after the child is born, it is a failure to meet the legal conditions (The Paper 2023-01-31). The WSJ notes that Beijing and "several" provinces, including Sichuan, allow single women to receive maternity leave payments, and Guangdong gave single mothers "similar" rights to married mothers (2023-02-15). The same WSJ article cites a lawyer who focuses on women's fertility rights as stating that the easing of birth registration does not mean single mothers will experience the same treatment as those who are married and that "single women in government jobs or working for state-owned companies who get pregnant may still face job discrimination, such as failing to secure a permanent position or a promotion" (2023-02-15). According to the BBC, unwed women who give birth and work in the public service "may not be able to get political clearance from the Communist Party (certifying that someone is a decent, loyal citizen)," which can result in missing promotions or prevent them from obtaining a government job in the first place (2023-07-29).

The WSJ notes that "an official at China's National Healthcare Security Administration, called on local governments to give single mothers the right to tap into maternity benefits" (2023-02-15). According to The New York Times, a representative to the National People's Congress, has "for years submitted proposals on improving rights for unmarried women," and while other feminist groups have been "closed down" by authorities, those supporting unmarried mothers have "largely evaded scrutiny" (2021-05-31). However, the same article notes that the National Health Commission "emphasized that family planning is the responsibility of 'husbands and wives together'" (The New York Times 2021-05-31).

3. Treatment by Society

According to a confidential source interviewed by the Netherlands' Ministry of Foreign Affairs in its Country of Origin Information Report, "[t]here is little or no research data available on the social position of single mothers and single women" (2020-07, para. 8.2.4). CNN cites the representative from the organization Advocates for Diverse Family Network as indicating that Chinese society has become "more accepting" of "diverse" families, including single mothers, "despite government policies that previously set them apart" (2021-08-21). According to the New York Times, it is "common" for people on social media to challenge "old stereotypes" about single mothers but "many women described a persistent gap between attitudes online and in reality" (2021-05-31). In correspondence with the Research Directorate, an associate professor of history at Missouri State University with a focus on the sociopolitical aspects of reproduction in China, noted that middle-class women have stated that having children outside of marriage "can mar a woman's reputation both in the eyes of her parents and perspective partners" and "limit" professional opportunities as "women with children—even married women" face workplace discrimination (Associate Professor 2023-09-09). The Associate Professor further noted that it is "more unusual" for unwed women in the countryside to have children, as single mothers and their children in poorer and more rural areas "likely face immense social discrimination" while wealthier, urban women "still face social prejudice and major structural disadvantages" but "may" have options due to "social privilege" (2023-09-09).

The New York Times states that the social media site Douban shut down "several" popular forums for women to discuss their desire not to marry or have children, with moderators for the sites accusing the groups of "'extremism'" (2021-05-31). According to The Paper, the online discussion resulted from the Sichuan Provincial Health Commission's issuance of measures abolishing the restrictions on unwed mothers, with some individuals expressing their support for the regulation and stating that all children should be treated equally, while others expressed incomprehension at the concept that individuals would not have to get married (The Paper 2023-01-31). Sixth Tone notes that unwed mothers are "widely stigmatized" and that perceived "tolerance" for single mothers may be "conditional," as in online discussions in which "even many proponents frame single motherhood as either a collaborative effort between a single woman and a single man, or as something that a single woman enters into on her own, intentionally and with medical assistance" (2021-09-01). The BBC notes that "more conservative rural and regional areas" believe that "a child should not be brought into this world without a mother and a father," but a single mother in a mega-city such as Shanghai is "much more accepted" (2023-07-29).

According to the BBC, while the rules for single mothers to access health insurance and maternity leave have changed, an employer must apply on behalf of their staff member and some companies refuse to do so (2023-07-29). The same source cites a lawyer who working on women's workplace rights as indicating that without "'proper, paid maternity leave'" single mothers with low incomes "'could not survive'" (BBC 2023-07-29). A professor from a Beijing university stated to the BBC that while under the law, all mothers and children should have the same rights, "'many people still can't understand, and are not tolerant towards, single mothers'" (2023-07-29). The AP notes that in Beijing, a single mother did not receive her public maternity benefits because her company had to apply for it on her behalf, and they refused her request due to her marital status; she was eventually dismissed, but was not provided with an official dismissal letter, which made finding new work challenging (2021-03-14).

4. Support Services

Information on support services for unwed mothers and children born outside of wedlock was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

China Daily refers to a survey from the China Research Society of Marriage and Family to indicate that the most urgent social service needs for single mothers are legal aid and psychological counseling (2023-08-22). The source further lists the following resources available to single mothers:

• the V-Love Mothers program which was initiated by an online retailer and provides legal and psychological support to single mothers, including financial assistance and a hotline;
• The Single Mothers Support Program which focuses on mental health and services for women who have experienced psychological trauma from divorce or the death of their spouse, and who are raising children on their own (China Daily 2023-08-22).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] Social maintenance fees [also called social support or social maintenance fees] were issued to people who had children without government permission (Sixth Tone 2021-09-28). The New York Times reports that the social support fee was abolished in 2021, but enforcement was "left to the discretion of local governments" (The New York Times 2022-07-06).

References

Associated Press (AP). 2021-03-14. Huizhong Wu. "Denied Benefits, Chinese Single Moms Press for Change." [Accessed 2023-08-21]

Associate Professor, Missouri State University. 2023-09-09. Correspondence with the Research Directorate.

Australia. 2021-12-22. Department of Foreign Affairs and Trade (DFAT). DFAT Country Information Report. "China." [Accessed 2023-09-05]

British Broadcasting Corporation (BBC). 2023-08-22. "China Media Guide." [Accessed 2023-09-21]

British Broadcasting Corporation (BBC). 2023-07-29. Stephen McDonell. "Why it's Getting Easier to Be a Single Mum in China." [Accessed 2023-08-22]

Cable News Network (CNN). 2021-08-21. "Beijing Wants Women to Have More Babies. So Why Isn't it Loosening Rules on Egg Freezing?" [Accessed 2023-08-29]

Cable News Network (CNN). 2019-08-16. Steven Jiang. "The Man Taking on Hong Kong from Deep Inside China's Propaganda Machine." [Accessed 2023-09-07]

China. 2016. The General Office of the State Council. 国务院办公厅关于解决无户口人员. 登记户口问题的意见 (General Office of the State Council on Resolving Issues Concerning Unregistered Residents. Comments on Issues Concerning Permanent Residence Registration ). Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-09-05]

China. N.d. "About the ACWF." [Accessed 2023-09-15]

China Daily. 2023-08-22. Yan Dongjie. "Hotline Provides Legal Advice and Hope for Women in Need." [Accessed 2023-08-22]

Foreign Policy (FP). 2016-06-03. Bethany Allen-Ebrahimian. "China, Explained." [Accessed 2023-09-07]

Freedom House. 2020-01. Sarah Cook. "Beijing's Global Megaphone" [Accessed 2023-09-14]

Fujian. 2022. "福建省生育服务登记表" (Registration Form for Childbirth Services in Fujian Province). Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-09-11]

Global Times. 2022-03-05. "Political Advisor Proposes to Allow Unmarried Women Aged Over 30 with One Child to Gain Access to Maternity Leave, Insurance." [Accessed 2023-08-28]

Guangdong. 2022. 广东省卫生健康委关于印发生育登记 管理办法的通知 (Health Commission of Guangdong Province on Issuing Birth Registrations. Notice on Administrative Measures). Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-09-11]

The Netherlands. 2020-07. Ministry of Foreign Affairs. Country of Origin Information Report. "China." [Accessed 2023-08-29]

The New York Times. 2022-07-06. Alexandra Stevenson. "China Offers Women Perks for Having Babies. Single Moms Don't Qualify." [Accessed 2023-08-21]

The New York Times. 2021-05-31. Vivian Wang. "For China's Single Mothers, a Road to Recognition Paved With False Starts." [Accessed 2023-08-21]

The Paper. 2023-01-31. Yu Yan Zhao Lin. "专家谈多地生育登记取消结婚限制：是积极变化，包容非婚生子" (Experts on the Removal of Marriage Restrictions From Birth Registration In Many Places: A Positive Change To Accommodate Children Born Out Of Wedlock). [Accessed 2023-09-01]

Postdoctoral Fellow, Lingnan University. 2023-09-11. Correspondence with the Research Directorate.

Sixth Tone. 2021-09-01. Chen Yaya. "China Wants Larger Families. Unless You're a Single Mom." [Accessed 2023-08-30]

Sixth Tone. 2021-09-28. Du Xinyu & Lam Le. "A Woman's Quest for Motherhood. A Cross-Border Trade in Babies." [Accessed 2023-08-29]

United Kingdom (UK). 2022-12-07. Home Office. Country Policy and Information Note: Contravention of the Population and Family Planning Law, China, May 2022. [Accessed 2023-08-18]

United States (US). 2023-03-20. Department of State. "China." Country Reports on Human Rights Practices for 2022. [Accessed 2023-08-17]

The Wall Street Journal (WSJ). 2023-02-15. Liyan Qi. "Single Mothers in China Face Fewer Hurdles as Beijing Tries to Boost Births." [Accessed 2023-09-05]

Additional Sources Consulted

Oral sources: Human Rights Watch; professor at a US college whose research focuses on the status of Chinese women; professor at a university in Hong Kong with a research focus of gender and family; professor of global gender at a US university whose research focuses on politics of care in China; professor of social science and public policy at a university in Hong Kong; professor of sociology at a Chinese university whose research includes a focus on gender inequality and policy issues; professor of sociology at a university in Singapore whose research includes a focus on gender and family in China; research associate at a US college whose research focuses on feminism in China; The Wuhan University Center for the Protection of Disadvantaged Citizens.

Internet sites, including: All-China Women's Federation; Amnesty International; Austrian Red Cross – ecoi.net; Belgium – Commissariat général aux réfugiés et aux apatrides; Bertelsmann Stiftung; Caixin Global; Channel News Asia; China – National Bureau of Statistics, Ministry of Civil Affairs, Seventh National People's Congress, The State Council; China Briefing; China Development Brief; Chinese Human Rights Defenders; The Economist; Freedom House; Human Rights Watch; International Journal of Environmental Research and Public Health; International Service for Human Rights; NepalNews; Plan International; Population Research Institute; Purple Ribbon; Radio Free Asia; Social Inclusion; South China Morning Post; Toronto Star; US – Congressional-Executive Commission on China, Library of Congress; UN – Committee on the Elimination of Discrimination against Women, Office of the High Commissioner for Human Rights; Voice of America; Xinhuanet.