mixte couple and second child policy

Hello,


quick intro : i m french, my wife is chinese, our first kid ( 2years ) is chinese, born in beijing. we re now living in shanghai, and the hukou ( wife + kid ) is in beijing. now, my wife is pregnant, and we plan to deliver in Shanghai.


my questions :

1. what is the current policy and application of it, regarding the one child policy. In my case, do i risk to pay a fine ?

2. which administrative office can i get info ?


i m quite concerned about it, i hope you can share with me infos, and your epxerience.


many thanks !

I assume your child is also French so I can't see there being a problem with fines. However, I live in Hk not the mainland. Does your wife have a French passport. I am British and my children are also mixed. They hold HK Chinese and UK passports.

How much would a fine be?

i played through this scenario with my chinese wife once. i can't give any definitive answers but our understanding was:


- if one or both of the partners are foreigners, then the one-child policy doesnt apply

- however, in such a scenario - theoretically - you can also not get a hukou. your wife most likely obtained the hukou for the first child without telling the authorities that the husband/father is a foreigner

- in reality you can indeed get a hukou for one child, but i would not get a hukou for the second one, since you can implicitly pretend that both of your kids are chinese (by the pure PRC definition, i.e. both parents are PRC citizens) which means you are violating the one child policy


so my advice: get the second child but don't apply for a hukou for it. then you should be fine.


LGMV, i was told that the penalty is 3xannual salary (with a very elastic interpretation of what annual salary means, i.e. a bit of money under the table can move that number considerably)

Probably best to go back to France. You could try Hong Kong but we are clamping down like mad on mainland mums giving birth here. Do you have the chance to move legally to HK in the next few months - or do you already have a HK ID card. Not sure what the situation is with Macau.

The Chinese one child policy does not affect a marriage if one or the other is a non Chinese national