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4) Were adoptive parents (custodian, guardians, foster parents, parents-tutors) of another child, but adoption was revoked or was nullified (custodianship was ended, guardianship and activity of the foster family or family style orphanage were negated) at their fault;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.

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.

Following documents are required for submitting the case to the Ministry of Social Politics by Ukrainian citizens, who reside outside of Ukraine, and foreigners, who desire to adopt a child:

1) Notarized statement regarding getting register as adoptive parents;

2) Four (4) copies of passport or another document, which verifies the person’s identity;

3) Three (3) copies of report by competent authority, confirming ability of the applicants to be adoptive parents. Report should contain address, living conditions (number of bedrooms, existence of proper accommodations for child), biographical data, family composition (number of family members living with applicant, relationship, presence of own children), applicant’s attitude toward adoption, participation in training for acceptance and tutelage of adopted child, preliminary familiarity with requirements for adoption of orphan-child, child, who lost parents’ guardianship, in Ukraine; information about previously adopted children, their health conditions, development, tutoring, living conditions, staying in the family after completed adoption under social worker control. Report should contain recommendations regarding number, age and health conditions of the children, which can be adopted by applicants. Health condition recommendations are being outlined in the case when applicants are recommended for adoption of handicapped child, with illness, that is presented in the verified by the Ministry of Health of Ukraine list of deceases, which permit child adoption without conforming with duration of his registration in the Ministry of Social Politics, and under five (5) years old children.

Report also has to contain information about existence (absence) court decisions, which declares applicants handicapped; deprivation of parent’s rights, revocation of adoption permission or annulment of it; taking away children, and about facts when applicants refused to grow their own children or children adopted earlier.

In the case, when report has been issued by non-governmental agency following documents has to accompany this report:

A) Notarized document (for each copy of the report), which contains information about agency accreditation in the field of children adoption from foreign state (if exists);

B) Copy of certificate (for each copy of the report) for Agency to perform activities associated with adoption;

C) Notarized copy of the document, which is confirming the fact of conclusion of agreement between adoptive parents and this agency in regards of children adoption from foreign state (if exists), with stipulation of information regarding timely reporting, informing consulate or diplomatic representation of Ukraine about any emergency cases, including change in place of residence of the child, emergence of possibilities for adoption cancellation or handing over adopted child for tutelage to another foreigners, organizations for orphan-children or children, who does not have parental patronage, deprivation of adopted child from adoptive parents, violation of rights and lawful interests of the child, accidents, death of the child, and such occurrences.

4) Permission of the competent agency of the country of residence of the applicant for entrance and permanent residency of the adopted child, except Ukrainian citizens, who live outside of Ukraine, and foreigners, who live in the country, which has visa-free regime with Ukraine.

5) Notarized applicant’s commitment (two (2) copies) addressed to the Ministry of Social Politics and consulate type organization or diplomatic representational organization of Ukraine;

6) Notarized written agreement of another spouse for child adoption with designation of the reason for adoption by one spouse only (in the case of child adoption by one spouse), if another way is not stipulated by law;

7) Income statement from the place of employment for the last six (6) moths or Income Tax return for the previous year, notarized or confirm by the issuing organization;

8) Two (2) copies of notarized Marriage certificate, which was issued by the appropriate legal organization;

9) Health conditions report for each applicant in the form, that is specified in Appendix 3 of the Rules;

10) Statement for checking of criminal record for the presence or absence of previous convictions in the country of residence for each applicant, confirmed by the authorities.

11) Notarized copy of the document confirming ownership or the right to use residential dwelling with specifying full and living quarters sq. footage and number of bedrooms;

12) Two (2) copies of notarized written agreement of applicant, if he/she is a foreigner, for obtaining information about him/her from General Secretariat of Interpol and law enforcement of the country of his/her citizenship, and country of residence, for the duration of time when adopted child will be eighteen years old.

13) Three (3) copies of document issued by the authorized organization of the country of residence of the applicant or, in the case of its absence, notarized written agreement of the applicant for obtaining and processing his/her and adopted child personal data from all authorities of the country of residence for the time duration till child becomes eighteen years of age;

14) In the case of repeated adoption on Ukrainian territory, information from authorized organization of the country of residence and consular organization or diplomatic representative of Ukraine regarding timely (untimely) presentation of reports and presence (absence) of facts regarding improper performance of duties by adopted parents, which is either foreigner or Ukrainian citizen, who resides outside of Ukraine.

In the case of the adoption by one of the married couples, documents required by paragraphs 2, 9, 10, 12 and 13 of this section has to be submitted by the each of the spouses.

Notarized income statements for salary or other sources of income, presence of properties or rights to use properties, other statements do not substitute documents listed in this part of the requirements.

Case is being accepted by the Ministry of Social Politics only, if all documents specified by paragraph 33 of “Order of execution of activities for adoption and activities for oversight of abidance of rights of the adopted children” are present and original. When original of the document has to be in the hands of the organization, which produced it, then notarized copy of this document can be submitted.

Documents required by paragraph 33 of “Order of execution of activities for adoption and activities for oversight of abidance of rights of the adopted children” has to be made in the country of residence of the applicants. Foreigners, who are constantly residing in Ukraine, which is confirmed by the residence permit issued by the territorial departments or subdivisions of the State Migration Services of Ukraine, can formalize documents in Ukraine. Foreigners, who are temporarily residing in Ukraine, has to formalize their documents in the country of permanent residence.

Each document (except copy of passport or another document, which verifies the person’s identity) specified by paragraph 33 of “Order of execution of activities for adoption and activities for oversight of abidance of rights of the adopted children”, and each statement, appeal of the citizen of Ukraine, who reside outside of Ukraine, and foreigners regarding adoption, has to be legalized in the appropriate foreign diplomatic organization of Ukraine, if different is not provisioned international agreements of Ukraine, and submitted to the Ministry of Social Politics along with their translation in Ukrainian language, which is proved in the established order.

Statements and addresses of foreigners, which are lawfully present in Ukraine, are created in Ukrainian language and confirmed by the notary.

Statements, which are made with violation of requirements outlined by paragraph 33 of “Order of execution of activities for adoption and activities for oversight of abidance of rights of the adopted children”, cannot be admitted.

Documents, which are specified by paragraph 33 of “Order of execution of activities for adoption and activities for oversight of abidance of rights of the adopted children”, except those that specified in paragraphs 12 and 13 of current Order, are valid for one (1) year from the time of the issuance, unless different is provisioned by the law (which supposed to be stated in the document) of the country of issuance.

At the date of submission to the Ministry of Social Politics documents has to valid for no less than the next six (6) months.

In the case, if the validity time of the documents by the law of the country of issuance is less than six (6) months at the time of the submission to the Ministry of Social Politics the documents has to be valid.

After the case is formed, applicant shall in person or via his/her representative register for its submission. Registration is performed in the Ministry of Social Politics at the address: 8/10 Esplanadnaya St., c. Kiev, 01601; phone: +38 (044) 226-2445; fax: +38 (044) 289-0098; http://www.msp.gov.ua; and possible only with the presence of confirmation of authorized organization, that proves ability of applicants to be adoptive parents (paragraph 3 of the abovementioned list of documents). At the day of aforementioned registration applicants or their representatives are being informed about the date of the presentation of the case.

Then case is being submitted either personally by the applicant or his representative directly to the Ministry of Social Politics at the aforementioned address. Please note, that case has to be submitted in the separate folder, title page has to have country of the residence, full name of the applicant, and the back of the title page has to contain list of the enclosed documents, signed by the applicant or their representative. In the top right corner of the first page of each document has to have a number that commensurate with the list on the back of the title page.

For convenience of use and appropriate storage cases are being submitted in the folders of the specific colors: Israil, Canada – white; Spain – light blue; Italy – green; Germany – blue; USA – red; France – violet.