Adoption of child

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Adoptions of children in Ukraine – it is a legal process in which the judgment to create new permanent relationship between parent and child. FOR THE STATE OF THE ESSENCE is to transfer parental rights and responsibilities from one family to another. FOR ADOPTION adopters MEANS adopted into the family CHILD AT BIRTH, with all rights and duties as from adults, and on the part of the child.

Who can adopt

According to Article 211 of the Family Code of Ukraine adoptive child in Ukraine can be:

•capable person aged at least 21 years;

  • a person over the age of the child for at least fifteen years. Adoptive parents cannot be a person of the same sex.

•persons who are not married to each other, cannot adopt the same child. If such persons live as one family, so to speak, in a civil marriage, the court may decide on the adoption of a child;

•if the child has a mother, it cannot be adopted by the man with whom her mother is not married; if the child has a father, he cannot be adopted by a woman with whom he is not married. But if such persons live as one family, the court may decide on the adoption of a child;

  • if the child has a mother or father only, that in connection with the adoption of losing the legal relationship with him, adoptive parent of the child can be a man or a woman;
  • The number of children that can adopt one adoptive parent is not limited.

 

A preferential right among several persons wishing to adopt the same child, provided:

relatives of the child, regardless of their place of residence;

Ukrainian citizens – to foreigners;

persons who adopt two or more children (sisters, brothers), without breaking family relations;

persons in families where the child lives, which is adopted;

a person who is married to the mother, the wife of the father of a child who is adopted;

spouses – to a lonely person.

 

Who can not adopt a child in Ukraine:

According to the rules of Article 212 of the Family Code of Ukraine stipulates that adoptive parents cannot be a person who:

  • limited in capacity or legal incapacity;
  • have been deprived of parental rights in relation to other children if these rights have not been restored;
  • adoptive parents were another child, but the adoption was revoked or declared invalid by their fault;
  • are registered or treatment in a mental or drug treatment clinic;
  • abuse of alcohol or drugs;
  • do not have a permanent residence and permanent earnings (income);
  • suffer from diseases, the list of which is approved by the Ministry of Health of Ukraine;
  • been convicted of a crime, the list of which is specified in this article of the Family Code of Ukraine;
  • for health need constant care;
  • are stateless;
  • are married to a person who, according to this article, can not be an adoptive parent;
  • have interests that conflict with the interests of the child.

 

What kind of children available for adoption in Ukraine

According to Articles 209, 219 of the Family Code of Ukraine without parental consent may be adopted child:

  • thrown in the nursing home, or other health care facility who refused to take the parents, other relatives, after reaching the age of two months;
  • who was tossed or found, two months from the time of its location;
  • whose parents are unknown;
  • whose parents are declared missing;
  • whose parents are unfit to plead;
  • whose parents are deprived of parental rights;
  • if the court found that the parents are not living with the child for more than six months without good reason, do not show respect to his parental care and custody, do not raise and do not contain it.

 

With parental consent, the child may be adopted after reaching the age of two months (Art. 217 of the Family Code). This article, found that parental consent must be voluntary and unconditional. Agreement to provide payment for the child’s consent to the adoption parents, guardians or other persons with whom he lives, has no legal grounds. If the mother or father of the child is a minor, except for their consent to the adoption requires the consent of their parents.

In exceptional cases the court may decide on the adoption of an adult who does not have a mother, father, or been deprived of their custody (Art. 208 of the Family Code). In this case, the court shall take into account the marital status of the adoptive parent, in particular its lack of their children, and other circumstances, which are essential.

According to Article 210 brothers and sisters can not be separated in their adoption. In the circumstances, which are essential, and with the consent of the guardianship authority the court may decide on the adoption of someone of them, or their adoption by different persons. If the adoption of a child is not a secret, brother and sister have a right to know about the new place of residence.

 

The court’s decision on adoption

According to Article 224 of the Family Code, the court in deciding to adopt a child, takes into account the circumstances, which are essential, in particular:

  • health and financial situation of the person who wants to adopt a child, her family status and living conditions, attitudes toward child-rearing;
  • the reasons upon which the person wishes to adopt a child;
  • reasons why the second spouse does not want to be an adoptive parent, if only one spouse has filed an application for adoption;
  • Harmonies adoptive parent and the child, as well as how long a potential adoptive parent caring for the child;
  • health status of the child and the prospective adopter;
  • the child’s relationship to the person who wishes to adopt him.

 

In compliance with all the conditions established by the Family Code, the ability of a person wishing to adopt a child, to provide a stable and harmonious conditions for the life of the child, the court shall make a decision that declares a person adoptive child. The Court can not deny an individual the adoption on the grounds that it already has, or can have a baby. Adoption of a child shall be effective on the day of entry into force of the court decision on adoption (Art. 225 of the Family Code). At the request of the adoptive parent state body of civil registration issues on the basis of a court certificate of adoption.

 

The legal consequences of the adoption of children in Ukraine

 

According to Art. 232 of the Family Code of the legal consequences of adoption come from the entry into force of the court. Since the implementation of adoption cease personal and property rights and obligations between parents and the adopted person, as well as between him and his other relatives by birth.

 

Legal ties can be preserved between the adopted child and other relatives in the case when, after the death of a child’s parents or incapacity of the second parent remarries and his wife, the husband remarried wish to adopt this child. In this case, the woman, the grandfather of the child on the part of parents who have died or been declared incapacitated, brothers, sisters, a child have the right to apply to the court to maintain between them and the child is adopted by, a legal relationship. The Court considers this statement together with the application for adoption and can meet it if it is in the interests of the child.

 

In addition to these legal consequences since the adoption between the adopted person (and in the future – between his children, grandchildren) and the adopter and his relatives by birth appear mutual moral and economic rights and responsibilities. Thus, since the adoption of the adopter the rights and obligations with respect to the child he fathered, to the same extent that parents have regarding child. In turn, adoption provides the person who adopted, the rights and duties imposed on it with respect to the adoptive parent in the same volume, which has a child with respect to their parents. In addition, the adopted child retains the right, which he had before adoption: retired, other social benefits, as well as compensation for the loss of a breadwinner.

 

History of occurrence “adoption”

The history of adoption in Ukraine begins in the distant Kievan Rus. Initially, the Kievan princes patronize people who needed it. These included and orphans. First-in-law this problem remembered Yaroslav the Wise, and to eliminate the causes of such ills entered into the laws of his time taking care of a woman, as a mother.

Transfer of orphans in a good family began when the wife of Paul 1. She chose worthy peasants and carefully check that the children had decent care, good faith and pay for these farmers in raising their children.

Later, the notion of patronage. Ordinary families took shelter with pupils and pledged to provide them with material goods according to his ability, to monitor the health and if possible provide training to his successor.

During the Soviet Union, the adoption has been reduced to a minimum, replace the development of boarding. It was only in the 90s beginning to gain momentum again. After all, only in a good family child can be brought up on the examples of good foster parents learn norms of social behavior and intra.