Laws and regulations on super old childbearing
Super old childbearing refers to the late childbearing of women over 35 years old on the basis of social average age. With the social progress and the improvement of people's living standards, more and more couples choose to delay childbearing, leading to the phenomenon of over age childbearing gradually increasing. In order to protect the rights and interests of the super elderly child-bearing couples and coordinate the relationship between population structure and economic development, China has formulated a series of laws and regulations.
First of all, China's marriage law clearly stipulates that both husband and wife have the right to bear children. According to Article 26 of the Marriage Law, both husband and wife have the right to have children. This article does not stipulate the age limit, nor does it restrict the birth of ultra old people. Therefore, couples who have given birth at a very old age can also enjoy their reproductive rights according to law.
Secondly, the Ministry of Health and Family Planning issued the Administrative Measures for the Service of Ultra old (over 35 years old) Pregnant Women in 2015, which defined the service management requirements for ultra old pregnant women. The measures stipulate specific requirements for health assessment, prenatal examination during pregnancy, choice of delivery mode, birth risk prevention and other aspects of ultra old pregnant women, providing corresponding medical security and guidance for ultra old pregnant women.
At the same time, China has also implemented the policy of good birth and child rearing, and implemented family planning to control the population size and structure and ensure the rational allocation of resources. Although no special policies and regulations have been formulated for ultra old childbearing, the implementation of the policy of eugenics can indirectly guide ultra old childbearing, and reduce the occurrence of ultra old childbearing by popularizing contraceptive knowledge and providing family planning services.
The implementation of rights and interests protection related to ultra elderly childbearing
In order to protect the rights and interests of the couples who have given birth at an extremely old age, China has taken a series of measures to ensure the implementation of relevant rights and interests.
First, medical institutions provide corresponding high-quality services. Hospitals at all levels provide meticulous maternal services for ultra elderly pregnant women, develop personalized birth plans, and ensure the health of mothers and babies. For example, the Beijing Maternal and Child Health Hospital has set up a special department for diagnosis and treatment of ultra elderly pregnant women, which provides all-round medical services for ultra elderly pregnant women.
Secondly, the social security policy is inclined to the super elderly child-bearing couples. For example, some local governments provide a series of welfare measures, such as maternity allowance, maternity sick leave, maternity insurance, etc., for couples who have given birth to children of very old age to reduce their childbearing burden and economic pressure.
In addition, couples who have given birth at an ultra old age can also enjoy the relevant statutory leave and wage security. According to the Labor Law and the Special Provisions on Women's Labor Protection, female employees are entitled to maternity leave during pregnancy and childbirth, and are entitled to the same salary as their jobs. These statutory leave and wage guarantee measures are also applicable to couples who have given birth to very old children.
Shortcomings of rights and interests protection and suggestions for improvement
Although there are a series of laws, regulations and relevant measures to protect the rights and interests of the couples who have given birth to very old children, there are still shortcomings that need to be further improved.
First of all, some local governments' policies on ultra old childbearing are not clear enough, and the implementation is ineffective. Some super old child-bearing couples cannot obtain due rights and interests protection due to the lack of specific policies or inadequate implementation. Therefore, it is necessary to further refine and clarify the content of the policy, and strengthen the publicity and implementation of the policy.
Secondly, there are still some weaknesses in the medical services for ultra elderly pregnant women. Although the current medical level has been able to provide the corresponding medical technology and security, in some regions and medical institutions, the service for the ultra elderly pregnant women is still not perfect. Therefore, it is necessary to strengthen the capacity and facility construction of medical institutions to provide better medical services.
In addition, the unfriendly attitude and stereotype of the society towards the super elderly child-bearing couples still exist. Because couples who have given birth at a very old age need to bear higher fertility risks, they are often questioned and criticized by others. Therefore, it is necessary to strengthen social publicity, eliminate the prejudice against the super elderly couples, and create an inclusive and harmonious social atmosphere.
Summary
Although China has formulated a series of laws and regulations and taken relevant measures to protect the rights and interests of couples who have given birth at an extremely old age, there are still shortcomings. It is necessary to strengthen the definition and implementation of policies, improve the service level of medical institutions, and eliminate the prejudice and discrimination against the super elderly couples. Only with the joint efforts of laws and regulations, medical services and social environment, can the rights and interests of the super elderly couples be better protected, and the coordination and health of population structure and economic development be achieved.
