China is facing a baby boom in the next ten years. Now is a perfect time to formulate legislature on family planning (FP) to strengthen the current policy and regulations in order to slow the momentum of excessive population growth. As a result of current economic reform and implementation of the rural household responsibility system, the migrant population has increased tremendously. The fact that millions of rural farmers are shifting to non-agricultural areas created new challenges to the effectiveness of traditional measures of the FP program. Promulgating laws and legislature will facilitate the job of FP. The law should stress the restriction of population growth and encouraging one child per couple. In the rural area it is not feasible to implement the one child policy indiscriminately. Under the policy of one child for a majority of the couples, no third birth is permitted. Local governments should be given the authorization to grant permission for second births for special cases within the birth planning quota. Allowing people living in poor and less developed areas to have more children and granting mothers of handicapped children permission to have an additional child were in fact facilitating the deterioration of the quality of the population. Some current policy in rural income distribution and social welfare was beneficial to large-sized family. Such policies should be changed to give incentives to small-sized families.