The procedure of adoption of children in Ukraine

THE PROCEDURE OF CHILDREN ADOPTION IN UKRAINE IS A LEGAL PROCESS DURING WHICH THE COURT’S DECISION CREATES THE NEW FIXED RELATIONS BETWEEN PARENTS AND THE CHILD. FOR THE COUNTRY THE MAIN GOAL OF THE PROCESS IS TO HANDOVER THE PARENTAL RIGHTS AND OBLIGATIONS FROM ONE FAMILY TO ANOTHER. FOR ADOPTIVE PARENTS ADOPTION MEANS ACCEPTANCE IN THE CHILD’S FAMILY AS A NEWBORN, WITH ALL RIGHTS AND OBLIGATIONS, BOTH FROM ADULTS, AND FROM THE CHILD.
Who can adopt

According to article 211 of the Family Code of Ukraine the child’s adoptive parent in Ukraine can be:

  • the capable person at the age of at least 21 years;
  • the person, is older than the child for at least fifteen years. Same-gender persons can’t be adoptive parents;
  • the persons which aren’t married among themselves can’t adopt the same child. If such people live as one family, as, in other words, in de facto marriage, the court can decide the decision on adoption of the child by them;
  • if the child has only mother, he can’t be adopted by the man to whom her mother isn’t married; if the child has only the father, he can’t be adopted by the woman to whom he isn’t married. But if such people live as one family, the court can make the decision on adoption of the child by them;
  • if the child has only mother or only the father who in connection with adoption lose a legal bond with it, one man or one woman can be the adoptive father of the child;
  • the number of children which one adoptive parent can adopt isn’t limited.
Who can’t adopt the child in Ukraine

By rules of article 212 of the Family Code of Ukraine it is determined that persons, which can’t be adoptive parents:

  • who are disabled or are declared as disabled;
  • were deprived of the parent rights concerning other children if these rights weren’t re-establish;
  • were adoptive parents of other child, but adoption was cancelled or nullified on their fault;
  • are on accounting or on treatment in a psychoneurological or narcological clinic;
  • abusing alcoholic drinks or drugs;
  • have no permanent residence and fixed earnings (income);
  • have diseases which list is approved by the Ministry of Health of Ukraine;
  • were condemned for crimes which list is specified in this article of the family code of Ukraine;
  • for health reasons need constant treatment;
  • are stateless persons;
  • are married to the person which, according to this article, can’t be the adoptive parent;
  • have interests which contradict interests of the child.
The privilege among several persons wishing to adopt the same child is provided:

to the child’s relatives irrespective of the place of their accommodation;

to citizens of Ukraine – over foreigners;

to persons which adopt two and more children (sisters, brothers), without breaking off the family relations;

to persons in which families the child who is adopted;

to the person which is mother’s husband, the wife of the father of the child who is adopted;

to spouses – over the lonely person.

What children can be adopted in Ukraine

According to the Art. of Art. 209, 219 of the Family Code of Ukraine without consent of parents the child can be adopted:

  • thrown in maternity hospital, other healthcare institution or which parents, other relatives, refuse to take away the child after reaching two-month age;
  • which was thrown or found, in two months since its finding;
  • which parents are unknown;
  • which parents are declared in the court as missing;
  • which parents are declared in the court as disabled;
  • which parents are deprived of the parent rights;
  • if the court established that parents, without living with the child over six months without valid excuse, don’t show any parent care and custody, don’t bring up and don’t maintain the child.
The judgment about adoption

According to article 224 of the Family Code, passing the decision on adoption of the child, the court considers the circumstances that have some essential value, in particular:

  • • the state of health and financial position of the person who wishes to adopt the child, its relationship status and conditions of accommodation, the relation to education of the child;
  • motives based on which the person wishes to adopt the child;
  • motives of why the second of spouses doesn’t want to be an adoptive father if only one of spouses submitted the application for adoption;
  • correlation of the adoptive father and child, and also how long potential adoptive father cares for the child;
  • state of health of the child and the potential adoptive parent;
  • the child’s relation to the person wishing to adopt him.
In case of observance of all conditions established by the Family Code, capabilities of the person wishing to adopt the child, to provide stable and harmonious conditions for the child’s life, the court passes the decision which it announces this person the child’s adoptive parent. The court can’t refuse to the person adoption on the ground that it has already had or can give birth to the child. Adoption of the child is considered performed in day of entry into force of the judgment about adoption (Art. 225 of the Family Code). At the request of the adoptive father the state body of civil registration grants the certificate on adoption based on the judgment.