Adoption agencies in Ukraine are outlawed
First of all, let us note at once that the activities of adoption agencies in Ukraine are prohibited. The procedure of adopting children in Ukraine has become the subject of many legends and myths.
The attitude of citizens to it is, to put it mildly, ambiguous: some say that it is very easy to adopt a child in Ukraine, so it is Ukrainian children who often fall victim to foreign fraudsters; others, on the contrary, point to too many bureaucratic procedures and legal conflicts related to this issue.
How to choose adoption agencies in Ukraine
We remind you that the activities of adoption agencies in Ukraine, is illegal and may be a reason for refusal of adoption. As a rule, intermediary services in the adoption of children from Ukraine are punishable by imprisonment.
General rules on adoption in Ukraine
The relevant departments and offices of the local State administrations and the Department for Adoption and Protection of the Rights of the Child of the Ministry of Social Policy keep a record of children who may be adopted and of persons wishing to adopt a child
Intermediary and commercial activities in connection with the adoption of children or their placement under guardianship (custody) or in the families of Ukrainian citizens, foreigners and stateless persons are prohibited in Ukraine. The activities of adoption agencies in Ukraine are prohibited by law
Don't trust adoption agencies in Ukraine
Therefore, you should be very cautious about offers of assistance in matters of adoption from all sorts of adoption agencies in Ukraine and other organizations. The only thing that can help you - this is a qualified legal advice on adoption, as well as representation of your interests as an adoptive parent in court when the court considers the application for adoption.
It should be remembered that the person wishing to adopt a child, submits an application for adoption to the court personally. Filing such an application through a representative of adoption agencies in Ukraine is not permitted.
Rights of a foreigner in adoption issues
A child who is a citizen of Ukraine may be adopted by a foreigner if he or she has been registered for at least one year with the central executive authority implementing State policy on adoption and the protection of children's rights and has reached the age of five. A child may be adopted by a foreigner if there is no Ukrainian citizen willing to adopt him or her or to take him or her into his or her family.
Foreigners who are relatives of the child or citizens of States with which Ukraine has concluded a legal assistance treaty have priority right to adopt a child who is a citizen of Ukraine. The adoption of a child by a foreign citizen requires the consent of the State Department for Children's Affairs
Adoption verification
The State Department for Children's Affairs sends a request to the Ministry of Internal Affairs to verify whether foreigners wishing to adopt a Ukrainian citizen child have or do not have compromising information with the law enforcement agencies of other States and the Interpol General Secretariat. All documentation is submitted directly by the adopter; intermediation by adoption agencies is prohibited in Ukraine
Сitizenship of an adopted person in Ukraine
Adoption by foreigners is subject to the condition that the child's rights are not inferior to those established by Ukrainian law. An adopted child retains Ukrainian citizenship until he or she reaches the age of 18. The adoption of a child who is a citizen of Ukraine by a person who is a citizen of a State with which Ukraine has no treaty on legal assistance is not secret unless the State in which the adopter permanently resides and to which the child is to move makes the adoption secret.
The impact of the use of adoption agencies in Ukraine
Who uses the international services of adoption agencies in Ukraine, it is necessary to know that subsequently the adoption may be recognized by the court as invalid or canceled. This will be a big blow for both you and your child, take care of it now
Adoption is invalidated by a court decision:
- If it was made with the help of adoption agencies in Ukraine;
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If it was carried out without the consent of the child and his or her parents, if such consent was required;
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If the adoption was carried out by intercountry adoption agencies in Ukraine;
- If the adopter did not wish the rights and obligations arising from the adoption to arise (fictitious adoption);
- If the adoption was carried out on the basis of false documents;
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If there is no consent to the adoption of one of the spouses, guardians or custodians, medical or educational institution;
- If one spouse has adopted the child of the other spouse, the adoption may be invalidated if it is established that at the time of the adoption the other spouse had no intention of continuing marital relations with him or her.
Based on the above, it can be concluded that the use of adoption agencies can have the opposite effect. As a result of the investigation, it may turn out that you reluctantly used these services and you will be denied adoption in Ukraine.
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Adoption may be revoked
Adoption may not be revoked after the child reaches the age of majority. However, adoption may be annulled after the child has reached the age of majority if the unlawful conduct of the adoptive parent or the adoptee threatens the life or health of the adoptive parent, the adoptee or other family members, or by mutual consent of the adoptive parent and the adoptee or at the request of one of them if family relations between them have not developed.
Adoption may be revoked by court decision if new circumstances have come to light regarding the use of the services of adoption agencies in Ukraine or international adoption agencies in Ukraine.
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