Child adoption in Ukraine by foreign citizens
Child adoption is performed in his/her the highest interest of providing him/her with the best, the most stable and harmonious conditions of life and development.
Interstate adoption in Ukraine is carried out only with participation of Ministry of Social Politics of Ukraine.
Adoption is independent institution of Family Law, which main goal is to provide orphan children and children, who were left, based on different circumstances, without parents’ guardianship; comfortable and safe conditions of upbringing.
Adoption of children is priority form for arrangement of orphans and children, which lost parents’ guardianship.
Interstate adoption is independent institution of international private law, main goal of which is providing for children, who is left without parents’ guardianship, familial conditions of living and long-awaited parents. Thus, interstate adoption is foundation for origin of familial relations as judicial act with foreign citizen’s participation.
After adoption child’s personal and material rights are becoming equal with own children of adoptive parents, their relatives, which apprehend the same right as relatives by birth (article 232 of the Family Code of Ukraine).
At the same time adopted children are losing personal and material rights, and becoming free of any obligations to their parents and parents’ relatives.
Any adoption activity for profit is prohibited.
In accordance with article 24 Ukrainian Law “About Safeguarding of Childhood” – child, who is citizen of Ukraine, can be adopted by foreigners only on the condition, if all possibilities were exhausted for transfer under tutelage, patronage, adoption or guardianship of family of Ukrainian citizens.
Intermediary, commerce activity for adoption of children, transfer them under tutelage, patronage or guardianship into families of Ukrainian citizens, foreigners or persons without citizenship is prohibited.
By article 212 of the Family Code of Ukraine specified the list of people, who cannot be adoptive parents:
1) Partially handicapped;
2) Confirmed handicapped;
3) Deprived of parents’ rights, if these rights were not restored;
4) Were adoptive parents (custodian, guardians, foster parents, parents-tutors) of another child, but adoption was revoked or was nullified (custodianship was ended, guardianship and activity of the foster family or family style orphanage were negated) at their fault;
5) Are on account or have been treated in a psychoneurological or narcological clinic;
6) Addicted to alcoholic beverages or drugs;
7) Do not have permanent place of living and constant earnings (income);
8) Have a sickness, which is in the list confirmed by Ministry of Healthcare of Ukraine;
9) Are unmarried foreigners, except cases, when foreigner is child’s relative;
10) Were sentenced for crimes against life and health, freedom, honor and dignity, gender freedom and sexual integrity of the person, safety of society, public order and morality, drug trafficking, psychotropic substances, their analogs or precursors, also for crimes specified in articles 148, 150, 150-1, 164, 166, 167, 169, 181, 187, 324, 442 the Crime Code of Ukraine;
11) Whose health condition requires constant assistance;
12) Do not have citizenship;
13) Married to a person, who cannot be adoptive parent in accordance with paragraphs 3 – 6, 8 and 10 of this document.
Besides this, other persons cannot become adoptive parents, interest of which are contradicting with child’s interests.
Adoption procedure for orphan-child and child, who lives without parents’ guardianship, residing in Ukraine by foreign and Ukrainian citizens, who live outside of Ukraine; consists following steps:
Gathering documents in the country of residence.
Registration for submission of documents.
Submission of documents package to the Ministry of Social Politics.
Registration as a candidate for adoptive parents.
Invitation to the conference for getting acquainted with information about children, who can be adopted;Interview with Department of Safeguarding Children Rights of the Ministry of Social Politics. Review information about children, who can be adopted.
Interview with Department of Safeguarding Children Rights of the Ministry of Social Politics. Review information about children, who can be adopted.
Getting permission for meeting and starting contact with the child.
Meet the child at the place of his/her living.
Submitting statement for child adoption to the Child Affairs Services.
Getting conclusion of expediency and compliance with child’s interests from the Child Affairs Services.
Submission of the documents to the Ministry of Social Politics for specific child adoption.
Receiving consent from the Ministry of Social Politics for adoption of the child.
Submission of the request and supporting documents to the court. Trial proceedings about adoption of the child.
Getting court decision about child adoption.
Getting new birth certificate at the Agency for the registration of acts of civil status.
Handover the child to the adoptive parents.
Getting documents for adopted child for travelling to permanent place of living at the foreign country (passport of Ukrainian citizen for travelling abroad).
Registration of adopted child in Consulate at country of residence.