Calm Reflections Under Hot Demand: Do Single Women in China Have Reproductive Freedom?

Abstract This article discusses what would happen if a single woman in China wants to have children but not to marry. The legal framework regarding the reproductive rights of single women and relevant judicial practice will be discussed. In China, domestic legislation fails to regulate the reproductive rights in a uniform and systematic way. Although reproductive freedom has been granted to women by law in principle, single women have been excluded by many specific provisions governing the realisation of reproductive rights. To be specific, unlike couples, single women in China have little access to the application of assisted reproduction technology or the maternity insurance benefits. This puts them in a difficult position while exercising their reproductive rights. Although the legal basis of single women’s reproductive rights has been emphasised by international and domestic legal instruments around the world, in China, ambiguous laws, inadequate supporting measures, and negative social opinions pose many legal and ethical obstacles that need to be overcome. This article puts forward some suggestions for improvement.