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Publication date: 19.05.2024
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Termination of parental rights
Ukraine has its own legislation on family law, which defines the grounds for deprivation of parental rights.
Here are some of them:
Child neglect:
If the parents show a careless attitude towards the child, do not provide him with adequate care, nutrition, medical care or education, this may be grounds for deprivation of parental rights.
Physical or emotional abuse of a child:
If a parent commits physical or emotional abuse against their child, the court may decide to terminate their parental rights.
Alcohol or drug intoxication:
If a parent abuses alcohol or drugs, which can lead to dangerous situations for the child, this can also be grounds for termination of parental rights.
Conviction for serious crimes against a child:
If a parent has been convicted of a serious crime against their child, such as sexual or physical abuse, this can result in the termination of parental rights.
Parental unwillingness or absence of parentage:
If a parent shows an unwillingness or inability to fulfill parental responsibilities due to drug or alcohol abuse, this may also be grounds for termination of parental rights.
Procedure for deprivation of parental rights
The procedure of deprivation of parental rights in Ukraine is a serious legal measure and takes place according to certain rules and procedures regulated by family law. Deprivation of parental rights in Ukraine can take place on the basis of a court decision, which is adopted on the basis of a submitted application and after consideration of all the circumstances of the case and the interests of the child. The court takes into account the position of guardianship and guardianship authorities, psychological examination, testimony of witnesses and other evidence when making a decision on deprivation of parental rights.
Here is a general description of the procedure:
Application submission:
The process usually begins with an application, which can be submitted by one of the parents, guardianship authorities, or any other interested party. In the application, it is necessary to indicate the grounds on which the deprivation of parental rights is requested, and to provide arguments that support these grounds.
Trial:
After the application is submitted, the court opens proceedings and sets a hearing date. The court considers all the circumstances of the case, including the testimony of witnesses, expert opinions, the position of guardianship and care authorities, as well as the opinion of the child himself, if he has reached the age when his opinion can be taken into account.
Making a decision:
After considering all the evidence and arguments of the parties, the court makes a decision on the deprivation of parental rights. If the court believes that there are sufficient grounds for the deprivation of parental rights and it is in the best interests of the child, it can make a decision accordingly.
Execution of the decision:
If the court makes a decision on deprivation of parental rights, this decision is subject to mandatory execution. This means that the parents lose all rights and responsibilities regarding the child, and guardianship authorities take responsibility for their further care and education.It is important to note that deprivation of parental rights is a last measure and is prescribed only in cases of serious violation of the rights and interests of the child. The court considers each case individually and makes a decision according to the specific circumstances of the case.
