For some people, single childbearing is never something that was planned from the beginning, "like jumping into the pool before learning to swim". This is the case for 38-year-old Junjun, and the same is true for 45-year-old Sarah. But then, the shackles follow: if you can't get the "Mother and Child Handbook", you can't build a file, you can't do a maternity check; you can't ask for maternity leave, you can only take personal leave "by the favor of the company", during which you can't get a penny of salary; Relevant departments applied for maternity insurance and were rejected by the other party for reasons such as “outside the policy” and “illegal”... (China Business News) For reasons such as having to give birth to a child. Although there is no statistical data to show how much this situation is, judging from the frequent hot discussion on this topic on the Internet, many unmarried mothers are involved. This is mainly due to the large population base in our country, unmarried cohabitation is more common, and some unmarried pregnancies are inevitable. However, single women who have become pregnant are not covered by maternity check-ups, maternity leave, and maternity insurance. These single women suffer from unimaginable birth pains.
The reason why many local hospitals refuse to set up file check-ups for single women is that they do not have a marriage certificate. They have to ask someone to find a relationship to complete the check-up, which also breeds unhealthy trends. Employers, on the grounds that “single childbirth is outside the policy”, are not allowed to take maternity leave or pay for maternity leave. In addition, unmarried mothers applying for maternity insurance will also be rejected because the applicant needs to submit "certificates of marital status of both spouses." In this case, some unmarried mothers have disputes with employers, and some have no choice but to sue insurance institutions and other units to fight for their own rights.
In other words, unmarried mothers face multiple discriminations in reality, and their rights and interests such as maternity check-ups, maternity leave, and insurance are not protected. Frankly speaking, this is an extremely unreasonable social phenomenon. Although unmarried childbirth is not worth promoting, for women who have to have unmarried childbirth, society needs more understanding and tolerance. Moreover, the law only "advocates a couple" and does not explicitly list out-of-marital childbearing as a prohibited act. In addition, the national legal level does not stipulate that marriage is required to receive maternity insurance. Therefore, the relevant local "local policies" lack a legal basis.
However,Some places have taken the lead in protecting the reproductive rights of single women. For example, the "Regulations on Population and Family Planning of Jilin Province" passed in 2002 has made it clear that single births are legal. This is a remarkable progress. As another example, Article 8 of the “Interim Measures for the Administration of Birth Registration and Re-birth Examination and Approval of the Guangdong Provincial Health and Family Planning Commission” promulgated in 2016 stipulates that “If the first and second children are born without marriage registration, they can apply for childbirth. Registration.” According to reports, there have been many cases of single births in Guangdong who have successfully applied for maternity insurance.
At present, there are also judicial authorities supporting the claims of single mothers, that is, Shanghai single unmarried mothers Zhang Meng received maternity insurance money through litigation, which is called "the first domestic case of unmarried children applying for maternity insurance money." This case has exemplary significance and also gave other unmarried mothers confidence in their rights protection. However, Zhang Meng fought a lawsuit for 4 years and won the lawsuit after many losses. This also reminds the relevant parties that protecting unmarried mothers' reproductive rights cannot rely solely on individual efforts. It is urgent to improve local childbirth policies and try to avoid unmarried mothers from embarking on the road of rights protection. This cost is too high.
Now, with the completion of the " Population and Family Planning Law ", my country has officially entered the "three-child era". At the decision-making level, the decision to implement the policy and supporting measures for a couple to have three children is that my country’s population structure needs to be optimized, the problem of population aging needs to be dealt with, and the advantages of human resources endowments need to be maintained. The protection of single women’s right to reproductive rights is not only conducive to safeguarding the legitimate rights and interests of these women, but also creating better living conditions for these children born out of wedlock. At the same time, it is also conducive to the implementation of the national population strategy.
Furthermore, it is hoped that all localities will take the opportunity of implementing the "three-child" policy and improving local laws and regulations to thoroughly clean up unreasonable birth policies.
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