How to adoption of orphans in Ukraine?

Adoption is the acceptance by an adoptive parent of a person with the rights of a daughter or son, which takes place by court order. If the adopter is a citizen of a foreign country, then he must obtain permission from the state authority for adoption and protection of children's rights

Family Code of Ukraine (FC) in Articles 207, 282.

Adoption is a desirable form of foster care for orphans

Above all, Ukraine strives to give orphans and children deprived of parental care up for adoption to Ukrainian citizens. When all possible options for adoption, taking into custody (guardianship) or foster care by citizens of Ukraine are exhausted, the state may transfer the child for adoption in a family, whose members are citizens of another state.

While the benefits and simplification of the system of adoption by foreigners of Ukrainian children are not expected, but in Ukraine is already one of the easiest and most accessible mechanisms for carrying out this procedure.

What children in Ukraine may be adopted by foreigners? In the first place, those who have a family connection with foreign citizens; children who have been in the centralized registry of children for at least one year (but before this they must register with the primary and regional registry of children).

Without complying with the terms of the previous paragraph, it is possible to adopt a child with a disease specified in the List approved by the Ministry of Health of Ukraine (all diseases listed in this list are severe and incurable).

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Steps for adopting a child in Ukraine

A foreigner wishing to adopt a Ukrainian child applies to the State Сhildren's Affairs Department with a written statement. In addition to the application, you must submit the following package of documents:

Certificate of salary or a copy of the declaration of income, certified in the prescribed manner
Copy of a marriage certificate
Certificate of health status of the applicant
Notarized written consent for the adoption of the second spouse
Certificate of criminal record, issued by the competent authority of the country of residence
The conclusion made by the competent authority of the country of residence, confirming their ability to be adoptive parents, indicating the living conditions, biographical data, family composition, the presence of their own children and other information. If the conclusion is made by a non-state authority, a copy of the license of the authority to perform adoption-related activities shall be added to it
Permission from the competent authority of the country of residence to enter and permanently reside the adopted child
Copy of the passport or other identification document
Certificate of ownership or right to use the housing.

The applicant's obligation to register the adopted child with the appropriate Ukrainian consular office or diplomatic mission (specifying the office or mission) within one month of the adopted child's departure for his or her permanent residence.

Submit a periodic report (at least once a year) to that institution or representative office on the adopted child's living conditions and upbringing, and also provide an opportunity for her representative to communicate with the adopted child

These documents must be legalized (except for a copy of a passport or other document certifying a person's identity) at a Ukrainian diplomatic mission abroad, unless otherwise required by international treaties to which Ukraine is a party, and must be submitted with a Ukrainian translation to the State Сhildren's Affairs Department

Contact with the department to adopt a child in Ukraine

Сhildren's Affairs Department located in every region of Ukraine, you will need to contact the regional Children's Affairs Department to adopt the child in this region

Сhildren's Affairs Department accepts documents from applicants annually from the first Monday of February to March 31, from the second Monday of April to June 30, from the second Monday of July to September 30, and from the second Monday of October to November 30, according to a schedule approved by it. If a positive decision is made, the State Сhildren's Affairs Department will register the applicants as candidates for adoption and enter their information in the registry book.

To familiarize itself with the information contained in the centralized database of children who can be adopted, the State Сhildren's Affairs Department sends a written invitation to candidates for adoption in accordance with a schedule approved by it. That is, it sets a date for them to arrive in Ukraine. Next, the department provides foreigners with information on children who may be adopted.

If a foreigner chooses a suitable candidate for a baby out of the proposed options, the Department of State gives him a referral for the so-called establishment of contact between the candidate for adoption and adoption child. The introduction to the child takes place in the presence of the staff of the institution where the child is staying and the children's services in their place of residence.

The map below shows State Сhildren's Affairs Departments in Ukraine

Transfer of documents for the adoption of a child to the court

After successfully establishing contact with a child, candidates for adoption apply to the Children's Affairs Department in the child's place of residence with a statement of their desire to adopt the child. The Department, as the grantor of the child's interest, prepares its own package of documents and sends it to the court along with the candidate's application

Adoption of children is carried out on the basis of a court decision. The court, which decided on the adoption of a child by a foreigner, within ten days after the decision enters into force, shall submit to the Department a duly certified copy of the court decision. After all this red tape, the adoptive parent is required to remove the child from his or her place of residence on the basis of the court's decision.

The Ministry of Foreign Affairs registers children adopted by foreigners on the basis of a copy of the court order for adoption submitted by the adoptive parents. Adopted foreign children are registered and their rights and interests are monitored until they reach the age of 18 by the consular office or diplomatic mission of Ukraine on the instructions of the Ministry of Foreign Affairs.

Adoption, especially international adoption, is a very difficult and sensitive topic. On the one side, given Ukraine's demographic crisis, "exporting" children abroad seems to be a negative phenomenon. On the other side, there are no particular queues among compatriots who want to adopt an orphan. And living conditions in orphanages and boarding institutions are known to be far from ideal. International adoption for these children is often the only chance to get the right to a normal life.

February 15, 2022