Generally speaking, it is not illegal to give up children, but it is legal to meet the following conditions:

1. If the biological parents are really unable to support them due to special difficulties, the adoption must be adopted by both parties;

2. If one of the biological parents is unknown or cannot be found, it can be adopted unilaterally;

3. If one spouse dies and the other spouse puts out a minor child for adoption, the parents of the deceased spouse have the preemptive right;

4. The adopter must meet the adoption conditions;

5. If the above situation is excluded, the act will be suspected of constituting the crime of abandonment.

Elements of the crime of abandonment:

1, the object of infringement is the equal rights of the victim among family members;

2. Objectively speaking, it is a bad behavior to refuse to support family members who are old, young, sick or unable to live independently;

3. The subject of this crime must be a person who has the legal obligation to support the abandoned person and has the ability to support him;

4. Subjectively, it is intentional.

To sum up, it is not illegal to give away a child after giving birth. The law stipulates that children can be given away, but they must go through legal adoption and adoption procedures. If it is really because of financial difficulties that it is not enough to raise a child, you can take the child out for adoption. If the biological parents put their children out for adoption, the two parties shall jointly put them out for adoption, and go through the adoption formalities with the adopter at the civil affairs organ. If one of the biological parents is unknown or can't be found, it can be adopted unilaterally.

Legal basis:

Article 1097 of the Civil Code of People's Republic of China (PRC).

If the biological parents put their children out for adoption, they shall put them out for adoption together. If one parent is unknown or can't be found, it can be adopted unilaterally.

Article 1098

The adopter shall also meet the following conditions:

(a) no children or only one child;

(2) Having the ability to support, educate and protect the adoptee;

(3) Not suffering from diseases that are medically considered unsuitable for adopting children;

(4) All criminal records that are not conducive to the healthy growth of the adoptee;

(five) at least thirty years of age.