Publication date: 10.06.2024
International adoption: legal regulation and peculiarities in Ukraine
Introduction
Intercountry adoption is a complex legal process that involves the interaction of the legal systems of different countries. In Ukraine, this issue is regulated by the Family Code of Ukraine, the Law of Ukraine "On Protection of Childhood" and international conventions, in particular the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1993). In this article, we will analyze the main legal aspects, procedure and peculiarities of intercountry adoption in Ukraine.
Legal regulation of international adoption
National legislation
The main legal acts regulating intercountry adoption in Ukraine include:
Family Code of Ukraine:
- Articles 283-290 regulate the procedure for the adoption of children by foreigners.
- Requirements for adoptive parents and adoption procedures are defined.
The Law of Ukraine "On Protection of Childhood":
- Establishes the basic principles of child protection and adoption procedures.
- Defines the role of guardianship and custody authorities in the adoption process.
Resolutions of the Cabinet of Ministers of Ukraine:
- Regulate the procedure for interaction between executive authorities in the process of international adoption.
- Establishes requirements for documents submitted by foreigners for the adoption of children.
International agreements
Ukraine is a party to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, which defines:
- Basic principles of intercountry adoption.
- Requirements for the safety and well-being of children.
- Procedures for cooperation between member states.
International adoption procedure
Stages of the process
Previous appeal:
- A foreigner wishing to adopt a child from Ukraine applies to the central authority in his or her home country.
- The central body transmits the documents to the Ministry of Social Policy of Ukraine.You may be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents help lawyer online lawyer online legal opinion legal opinion of a lawyer lawyer online
Verification of documents:
- The Ministry of Social Policy of Ukraine checks the submitted documents for compliance with the legal requirements.
- This includes certificates of health, financial status, no criminal record, etc.
The child's choice:
- Foreigners have the right to choose a child from among those to be adopted.
- This process is regulated by the guardianship and trusteeship authorities.
Getting to know the child:
- Future adopters get to know the child personally.
- This stage is mandatory and includes interaction with the child for a certain period of time.
Court proceedings:
- After a successful meeting, the documents are submitted to the court to make a decision on adoption.
- The court considers the case taking into account the interests of the child and the compliance of the adoptive parents with the requirements of the law.
Registration of adoption:
- After the court decision is made, the documents are processed.
- The child receives new documents, including a passport and a birth certificate.
Peculiarities of international adoption in Ukraine
Requirements for adoptive parents
Foreigners wishing to adopt a child from Ukraine must meet the following requirements:
- Meet the age and other criteria established by the legislation of Ukraine.
- Have sufficient financial resources to provide for the child.
- Have a positive health status.
- No criminal record.
