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Messenger Adoption of a child in Ukraine
Adoption of children is a rather complex legal process governed by the Family and Civil Codes of Ukraine, as well as the relevant resolution of the Cabinet of Ministers. The purpose of adoption is to establish legal relations between the child and the adoptive parent, as a result of which the adopted person becomes part of a new family. The parents assume full responsibility for raising and providing for such children as if they were born to them. At the same time, adoption should not be confused with guardianship, which is described in detail here: Child guardianship Kyiv.
Who has the right to adopt children?
According to current legislation, the status of a candidate for adoptive parent may be obtained by:
- a legally capable citizen who has reached 21 years of age (this restriction may not apply in relation to blood relatives);
- a person who has an age difference with the child of at least 15 years;
- a man and a woman who are married and maintain a common household;
- one of the spouses, with the written consent of the other.
In adoption matters, Ukraine follows the principle of preferential right when several persons simultaneously wish to adopt the same child. Based on many years of experience of our law firm, it can be noted that in practice preference, first of all, is given to:
- relatives of the child deprived of parental care, regardless of their place of permanent residence;
- persons holding Ukrainian citizenship;
- married couples, who have significantly greater chances than a single person;
- citizens who intend to adopt several children who are brothers and sisters, which allows preserving family ties;
- persons living together with the child to be adopted;
- the mother’s husband or the father’s wife of the children being adopted.
For foreign citizens, a special procedure for adoption is established, which requires the candidate to be in a legally registered marriage. An exception may be granted to a single person who has a kinship with the child. In such cases, the adoption procedure for foreigners is significantly simplified.
The husband of the child’s mother, who claims the role of adopter, must undergo a check for compliance with the current rules and restrictions imposed on candidates. At the same time, the legal prospects of the adoption process initiated by him will largely depend on the stated position of the biological father, if he has not been deprived of parental rights.
Who cannot adopt a child in Ukraine?
The adoption rules regulated by legislation do not allow the following persons to be assessed as prospective parents:
- those declared legally incapable or having certain restrictions;
- those deprived of parental rights, except where those rights have been legally restored;
- those who previously underwent adoption that was annulled due to their fault or declared invalid in the legally established manner;
- those registered in a narcological or psychoneurological medical institution;
- those who abuse alcohol or are drug-dependent;
- those without a permanent place of residence and/or a stable income sufficient to support the child;
- those suffering from serious diseases included in the state-approved list;
- those in need of constant care due to their health condition;
- those who have convictions for certain types of crimes;
- those demonstrating interests or engaging in actions that clearly contradict the interests of the child.
What documents are needed for adoption?
The first step of a prospective adoptive parent is to contact the relevant state authority, where a written application must be submitted together with the following documents:
- copy of passport;
- a certificate from the workplace indicating the salary amount for the last 6 months (a declaration of income is also acceptable);
- copy of the marriage certificate if the candidate is in a legally registered marriage;
- a medical certificate of health issued by a medical institution on a special form;
- written and notarized consent of the wife or husband, if only one spouse acts as the adopter;
- a document confirming ownership of real estate or confirming the right to use residential premises.
A person for whom a positive decision has been made is assigned the status of a candidate for adoptive parent. From this moment, according to law, they are prohibited from disclosing their intentions. Adoption begins directly after the data of the future parent is entered into the state register.
The adoption process takes 3 months or more.
Financial assistance for adoptive parents
The state provides full support to persons who have adopted children. Such parents can receive financial assistance by collecting the necessary documents for adoption. All papers must be submitted to the Department of Labor and Social Protection within one year from the date the official adoption decision comes into force. Experienced lawyers of our company are ready to assist in preparing the documents.
Today, the amount of financial assistance to adoptive parents is equal to the sum paid at the birth of a child. If several children are adopted, the funds are paid for each of them.
For answers to other questions concerning child adoption in Ukraine, you can follow the link Procedure for adoption of children in Ukraine. Our specialists are always ready not only to consult future parents of children deprived of parental care, but also to provide them with comprehensive legal support.