Publication date: 09.06.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Parental rights
In Ukraine, parental rights are comprehensive, aiming to balance the responsibilities and privileges parents hold in relation to their children. These rights are governed by various legal frameworks including the Civil Code of Ukraine, the Law of Ukraine "On the Protection of Childhood", and other regulatory documents. Here’s a detailed look at the main aspects of parental rights in Ukraine:
Right to Education
Parents have the fundamental right to guide the upbringing of their children according to their own beliefs and values. This includes decisions regarding the child’s education, ensuring their well-being on physical, emotional, and social levels. Parents can choose the type of education their children receive, including decisions about attending particular schools or pursuing homeschooling. Right to Make Decisions Ukrainian law empowers parents to make crucial decisions about their children’s lives. This encompasses areas such as medical care, where parents decide on treatments and health interventions; religious upbringing, where parents determine the religious education and practices their children will follow; and other significant life aspects. Right to Participate in the Child’s Life Parents have the right to be involved in their children’s activities and to maintain a presence in various aspects of their lives. This includes attending school events, visiting their children in hospitals if needed, and supporting them at sports events or other extracurricular activities. This right ensures that parents can stay engaged with their children’s development and milestones.
Financial Responsibilities
Alongside rights come substantial responsibilities. Parents are obliged to provide for their children’s basic needs, which include securing adequate food, clothing, housing, medical care, and education. This duty remains until the child reaches the age of majority or becomes self-sufficient.
Right to Establish Paternity
In situations where paternity needs to be established or confirmed, parents have the legal right to have their paternity legally recognized. This is crucial for asserting parental rights and fulfilling parental responsibilities. It also includes the right to challenge or confirm paternity through legal channels if necessary. Legal Protection and Enforcement Parental rights and responsibilities are protected under Ukrainian law to ensure that children grow up in environments that are conducive to their full and holistic development. The state provides mechanisms through which parents can seek enforcement of these rights when they are violated or disregarded. Additionally, the state can intervene in cases where the exercise of parental rights harms the child, ensuring their protection and welfare. Overall, parental rights in Ukraine are designed to foster a nurturing environment for children while holding parents accountable for their upbringing and welfare. These laws not only provide frameworks for rights and responsibilities but also protect the interests of the child in every aspect of their development.
Grounds for Deprivation of Parental Rights
If parents fail to fulfill their duties, such as providing the necessary care, supervision, and education, or if they engage in abusive or negligent behaviors that endanger the child’s physical, emotional, or mental health.
Inability to Care
This can be due to severe physical or mental health issues that incapacitate the parents from adequately caring for the child. The inability must be such that it significantly hampers the parents' capacity to fulfill their responsibilities.
Engaging in actions that directly harm the child or pose a significant risk to their safety and development. This includes physical, emotional, or sexual abuse.
Parents may lose their rights if they have abandoned the child, have had no contact with the child for an extended period, and show no interest in the child’s welfare or whereabouts.
If the child has been placed under state care or has been adopted, parental rights can be terminated to facilitate the adoption process and ensure the child’s stable reintegration into a new family environment.
Legal Process for Deprivation of Parental Rights
The process can be initiated by state authorities, such as child protective services, or by private individuals, typically close relatives or guardians, through a petition filed in a family court.
The court examines all aspects of the case, including the evidence of neglect or abuse, testimonies from social workers, psychologists, and other relevant professionals. The court also considers the best interests of the child above all other concerns.
Both the child and the parents are represented in court. Children may be assigned a legal guardian or an attorney who specializes in child welfare law to ensure their interests are fully protected.
If the court decides to deprive the parents of their rights, it will also determine who will take custody of the child. This could be other family members or state-appointed guardians. The decision is made with the primary aim of providing a safer and more nurturing environment for the child.
The decision of the court can be appealed by the parents or other stakeholders in higher courts if they believe the decision was unjust or the legal procedures were not properly followed.
Conclusion
Deprivation of parental rights in Ukraine is a severe and irreversible action taken only when absolutely necessary to protect a child. It underscores the state's commitment to child welfare and the principle that parental rights come with substantial responsibilities towards the upbringing and safety of children. The process is thorough and designed to ensure that all parties' rights are respected and that the ultimate decision serves the best interests of the child.
