Publication date: 30.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Adoption is one of the primary ways to protect the rights of a child who has been left without parental care. It is a complex process regulated by the national legislation of each country and requires compliance with a number of conditions and requirements. One of the key requirements is the age difference between the adopter and the child. Ukrainian legislation establishes that the adopter must be older than the child they wish to adopt by at least 15 years. In this article, we will examine the legal nature of this requirement, its rationale, and practical application.
Legislative Regulation of Adoption in Ukraine
The procedure for adoption in Ukraine is governed by the Family Code of Ukraine, the Law of Ukraine "On the Protection of Childhood," and a number of subordinate legislative acts. According to Article 211 of the Family Code of Ukraine, adopters can be full-aged competent individuals. Specifically, the law requires that the age difference between the adopter and the child be at least 15 years. This limitation aims to ensure an adequate level of maturity and life experience for the adopter, which is necessary for the upbringing of the child.
Justification of the Age Difference
The requirement regarding the minimum age difference between the adopter and the child has several important justifications:
Psychological Maturity and Experience: Individuals who are older by 15 years typically have more life experience and emotional maturity, enabling them to better understand the needs of the child and effectively cope with the challenges of parenting.
Role Models: A significant age difference contributes to the formation of traditional family roles, where the adopter acts as a mature mentor and the child as a ward. This helps avoid role confusion and promotes the establishment of healthy family relationships.
Social Acceptance: Most societies recognize and support the traditional family model, where parents are significantly older than their children. This ensures better societal acceptance of the family and reduces the risk of social stigma.
Practical Aspects of Implementation
In the adoption process, the age difference between the adopter and the child is one of the criteria verified by the guardianship authorities. They conduct a thorough assessment of the adopter, taking into account their physical and psychological condition, financial situation, and ability to provide the child with necessary conditions for development.
Verification Procedure: Before adoption is approved, guardianship authorities conduct a comprehensive review of the adoption candidate, assessing compliance with all requirements, including the age difference. This helps prevent cases of unlawful adoption and ensures the protection of the child's rights.
Exceptions to the Rule: In specific cases, the law may provide exceptions to the 15-year age difference rule. For example, when adoption is carried out by relatives of the child or if there are already established stable family relationships between the adopter and the child. In such cases, guardianship authorities may consider other factors justifying a lesser age difference.
Legal Consequences of Non-compliance: If the requirement regarding the age difference is not met, adoption may be deemed invalid. This can have serious consequences for both the child and the adopter. Therefore, it is important for all parties involved in the adoption process to strictly adhere to the established rules.
International Experience
It is worth noting that the requirement regarding the minimum age difference between the adopter and the child is a widespread practice in many countries worldwide. For example, in the United States, the United Kingdom, France, and Germany, similar provisions exist, although specific requirements may vary.
United States: In most U.S. states, the adopter must be at least 10 years older than the child. In some cases, this age difference may be smaller if the adopter is a relative of the child or if other circumstances justify a lesser age difference.
United Kingdom: In the UK, there is no specific minimum age difference requirement, but the adopter must be at least 21 years old. Adoption agencies thoroughly assess the maturity and readiness of the candidate for adoption.
France: In France, the minimum age difference between the adopter and the child is also 15 years, reflecting widely accepted approaches to protecting the rights of the child and ensuring their well-being.
Germany: In Germany, the law also establishes a minimum age difference of 15 years, reflecting common practices aimed at protecting the rights of the child and ensuring their optimal upbringing.
Conclusion
The age difference between the adopter and the child is an important condition for adoption, the analysis of the documents says just that, and which aims to ensure the best interests of the child. The legal analysis of the situation and the consultation of a family law lawyer determine that the establishment of a minimum age difference of 15 years in the legislation of Ukraine contributes to the adoption of people with sufficient life experience and maturity necessary to raise a child. This provision also contributes to the formation of traditional family roles and increases the social acceptability of adoption.
Compliance lawyer's consultation with the age difference requirement is one of the key criteria checked by guardianship authorities in the adoption process. This allows to ensure the legal protection of the child and to ensure that the adoption takes place in the child's best interests. Thus, it is possible to draw a legal conclusion that international experience also confirms the importance of this requirement, which is a common practice in many countries of the world.
