Wuhan family planning draft draws criticism

A draft family planning regulation in Wuhan, Hubei Province, triggered wide public criticism over the weekend for an article that requires women who give birth out of wedlock to pay heavy "social compensation fees," with its detractors saying it is unfair to the vulnerable group.

According to the draft published on Friday, unmarried parents without "appropriate certificates from the other party," and those who knowingly have children out of wedlock will incur social compensation fees according to the provincial standard. Unmarried mothers and women who have children with married men were considered to be the main targets of the policy.

Many regions including Beijing, Guangdong and Henan already have similar policies for people who meet the two conditions.

Hubei charges social compensation fees for having another child beyond policy at three times the local annual per capita disposable income, which was 27,061 yuan ($4,411) for Wuhan citizens in 2012. Although it does not have a clear standard for the two conditions mentioned in the draft, the fees could be raised to as much as six times under current interpretations.

The city government said Sunday that the public could propose suggestions on the draft until June 7, and the most controversial parts could be adjusted later, reported the China News Service.

However, people are still questioning the practicality and legitimacy of the draft.

He Yafu, an independent demographer, told the Global Times that unmarried mothers are a vulnerable group due to social discrimination and heavy child-raising duties.

"The article did not have a clear statement of the responsibility of 'the other party,' usually the fathers," he added, saying that it would result in more abortions and abandoned children.

While women who have children with married men are seen as immoral, He noted that being an unmarried mother is also a personal choice made out of various reasons which should be respected.

He also said that family planning authorities don't have the power to regulate immoral behavior, and raising social compensation fees is a good way to collect a fortune by leveraging people's resentment against women who break up other people's families while ignoring other situations.

Social compensation fees are an administrative fee levied against individuals who breach the family planning law to make up for the public resources used by the extra population. The standard is determined by provincial-level authorities.

"Wuhan is raising the bar way too high compared to other places. Besides, the usage and amount collected are vague and create the possibility for abuse of power," said Yang Zhizhu, a former law professor at the China Youth University for Political Sciences.

Li Huayang, a Henan-based lawyer, told the Global Times that Wuhan's eligibility to issue the policy is also questionable. "The Population and Family Planning Law stated that standards and definitions for social compensation fees should be issued by provincial-level governments," he said.

An unmarried mother from Guangzhou, Guangdong Province, surnamed Qiu, told the Global Times that she has been struggling for eight months to register her 1-year-old son for a hukou (household registration) as she couldn't afford the fee of more than 50,000 yuan. "I don't understand it, my son is my first child and doesn't take up any more social resources. Why should I pay?"

Jilin Province is currently the only region that has protective policies for unmarried mothers, said He. The authorities say that women who reach the legal marriage age and decide not to marry can have a child using medical aids.