Publication date: 14.03.2024
Adoption of a Child in Ukraine
Adopting a child is a priority form of placing orphaned children and children deprived of parental care in families to ensure stable and harmonious living conditions for them.
However, this process requires patience, responsibility, and careful adherence to established procedures.
Who can be adopted?
The conditions for adopting a child entail that a child who is a citizen of Ukraine, a foreigner, or a stateless person can be adopted.
An adult person can be adopted only in exceptional cases. Namely, if an adult does not have a mother, father, or has been deprived of their care, the court may decide on the adoption of such a person.
After reaching the age of two months, a child who parents or other relatives have refused to take from the maternity hospital can be adopted.
If a child has been abandoned or found, they can be adopted after two months from the day of their discovery.
Who can be adopters?
A capable person who is at least fifteen years older than the child and not younger than twenty-one years old can adopt a child.
In the case of wishing to adopt an adult person, the adopter must be at least eighteen years older.
Adopters can be:
1. Spouses.
2. A woman with whom the child's father is married or lives in the same household.
3. A man with whom the child's mother is married or lives in the same household.
4. A single man or a single woman if the child has only a mother or only a father and who, after adoption, will lose legal ties with the child.
Ukraine has excluded certain categories of individuals from the right to adopt.
These include:
1. Persons limited in legal capacity;
2. Persons recognized as legally incapacitated;
3. Persons deprived of parental rights and not reinstated in them;
4. Those who have been adopters, but whose adoption has been revoked or declared invalid due to their fault;
5. Those registered in a psychiatric or narcological dispensary;
6. Those who abuse alcoholic beverages or narcotics;
7. Those without a permanent place of residence and steady income;
8. Those suffering from diseases from a certain government-established list;
9. Foreigners who are not married, except when the foreigner is a relative of the child;
10 Those convicted of criminal offenses from a specific legislative list;
11 Those who, due to health conditions, require constant external care;
12 Stateless persons.
The algorithm for adopting a child by citizens of Ukraine.
The registration of children who can be adopted is carried out based on the child's place of origin - orphan or child deprived of parental care. This registration is conducted by the relevant child welfare services of district, regional, Kyiv, and Sevastopol city administrations, executive bodies of city, district in city councils, and the National Social Service.
Ukrainian citizens residing in Ukraine and wishing to adopt a child need to apply with a statement to be included in the list of adopters to the child welfare service of the district, district in the cities of Kyiv and Sevastopol administrations, executive body of the city, district in the city (in case of its formation) council at the place of residence.
Following the verification of documents, completion of a training course on caring for orphaned and children deprived of parental care (not required during martial law), and inspection of the applicant's or applicants' living conditions, the child welfare service considers the possibility of the applicant or applicants being adopters and prepares a corresponding conclusion within five working days.
The registration of Ukrainian citizens residing outside of Ukraine and foreigners who wish to adopt a child living in Ukraine is carried out by the National Social Service.
Prospective adopters can familiarize themselves with information about children registered locally, regionally, or - centrally in the Ministry of Social Policy.
If a prospective adopter expresses a desire for personal acquaintance with the child, they are issued a referral, and the respective child welfare service at the child's place of residence arranges a meeting with the child.
In case of a positive acquaintance and establishment of contact with the child, prospective adopters can submit an application to adopt the child to the child welfare service at the child's place of residence.
The child welfare service prepares a conclusion on the expediency of adoption and its compliance with the child's interests.
Upon receiving such a conclusion, the application for the adoption of the child is submitted by the adopters to the court at the place of their residence. Currently, this is the procedure for adopting a child in Ukraine.
It is worth noting that during martial law and within three months after its termination or cancellation, the adoption of children by foreigners or Ukrainian citizens residing or staying outside of Ukraine is not carried out. The only exception is the adoption of a child by a relative or the adoption of a child who is the blood sibling of a previously adopted child.
Ukraine attaches great importance to the adoption process as it is an important way to ensure the well-being of children who are left without parental care. Although this process can be complex and require significant efforts, it is an important step towards creating a stable and happy future for adopted children.
