Adoption procedure in Ukraine

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THE LAW


Civil code of Ukraine, Family Code of Ukraine, Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Conducting Adoption Activities and Supervising Observance of the Rights of Adopted Children”, Law of Ukraine “Оn Childhood Protection”, Resolution of the Cabinet of Ministers of Ukraine “On issues of guardianship and custody activities related to the protection of children’s rights”; Order of the Ministry of Social Policy of Ukraine “On approval of forms of documents on adoption”, Law of Ukraine “On Ratification of the European Convention on Adoption of Children (revised)”, Order of the Ministry of Social Policy “About the order and conditions of reception of citizens of Ukraine living outside Ukraine, and foreigners wishing to adopt the child in Ukraine, for submission by them” etc.


WHERE TO APPLY WITH DOCUMENTS
Ministry of Social Policy of Ukraine.


DOCUMENTS TO BE SUBMITTED (article 33 Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Conducting Adoption Activities and Supervising Observance of the Rights of Adopted Children”);

Foreigners wishing to adopt a child living in Ukraine submit the following documents to the Ministry of Social Policy:
– a notarized application for registration of candidates for adoption, which indicates the address of residence of the applicant (if there are several places of residence – the address of each of them), passport data, telephone number and e-mail address;
– a copy of the passport of a foreigner or other identity document (in four copies);
– opinion on the possibility of applicants to be adoptive parents, issued by the competent authority of the country of residence (in three copies).


The opinion shall indicate:
1) the address; 2) living conditions (number of bedrooms, description of the room designated for the child’s residence, number of persons who will also live in such a room, their sex and age, availability of living conditions for the child); 3)  biographical data; 4)  family composition (number of persons living with the applicant, degree of family ties, presence of own children); 5) attitude of applicants to adoption;6) training on adoption and upbringing of an adopted child; 7) preliminary acquaintance with the requirements for adoption in Ukraine of an orphan, child, deprived of parental care;8) information on previously adopted children, their health, development, upbringing, living conditions, stay in the family under social support after the adoption of the child;9) the report should include recommendations on the number, age, health status of the children that the applicants may adopt, and information on the possibility of adopting a child with a disability;10) If you wish to adopt a child with a disability or other illness, the child’s health recommendations shall include an exhaustive list of diseases for which the applicants are recommended for adoption;11) The conclusion indicates whether it is possible to adopt a child suffering from a disease included in the list of diseases;12) The conclusion should not contain recommendations on the adoption of specific children and information about them, except for the adoption by relatives of the child, the adoption of siblings of a previously adopted child;13) The conclusion should contain recommendations on measures to adapt the adopted child to the living conditions in the new environment (language adaptation, availability of special knowledge, skills and conditions for learning, development and socialization of the child);14) The opinion also states information on the presence (absence) of court decisions declaring the applicants incompetent, depriving them of parental rights, revoking the adoption or invalidating it, taking away their children, as well as the facts of the applicants’ refusal to raise their own or previously adopted children.15) The competent authority issuing an opinion on the possibility of being an adoptive parent shall indicate in it the information on the minimum level of income per person established for the region of the country of residence of the applicants, with reference to the relevant legal act defining such level.

In case of issuance of an opinion by a non-governmental body, the following shall be attached to it:
– notarized document containing information on the accreditation of the organization for the adoption of children in a foreign state;
– a copy of the license (for each copy of the conclusion) for such adoption by the body of activities related to adoption;
– a notarized copy of the document confirming the conclusion of an agreement between the adoptive parents and the relevant organization for the adoption of children in a foreign country, indicating information on ensuring the organization and adoptive parents timely reporting, informing the consular office or diplomatic mission of Ukraine about any emergencies, including the change of residence of the child, the possibility of cancellation of adoption or transfer of the adopted child to other foreigners, institutions for orphans and children deprived of parental care, deprivation of the child’s adoptive parents, violation of the rights and legitimate interests of the child, significant deterioration of his health, accidents with his involving, death of a child, etc.


LEGALIZATION OF DOCUMENTS (article 34 Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Conducting Adoption Activities and Supervising Observance of the Rights of Adopted Children”)
Every document (except for a copy of a foreigner’s passport or other identity document) specified in paragraph 33 of this Procedure, as well as any application of foreigners on issues related to adoption, shall be legalized in the relevant foreign diplomatic mission of Ukraine, unless otherwise not provided by international treaties of Ukraine, and submitted to the Ministry of Social Policy together with their translation into Ukrainian, which is certified in the prescribed manner.
Applications and appeals of foreigners who are legally on the territory of Ukraine are drawn up in the Ukrainian language and certified by a notary.
Applications, appeals, which are made in violation of the requirements of this paragraph, are not subject of consideration.


VALIDITY OF DOCUMENTS(article 35 Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Conducting Adoption Activities and Supervising Observance of the Rights of Adopted Children”)
The validity of the documents specified in paragraph 33 (except for subparagraphs 12 and 13) of this Procedure is one year from the date of their issuance, unless otherwise provided by the legislation of the country in which they are issued (as indicated in the document).
On the day of submission of the documents of the Ministry of Social Policy, the term of their further validity must be at least six months.


PERSONS WHO CANNOT BE ADOPTED PARENTS (article 212 of the Family Code of Ukraine)
1) limited in capacity;
2) declared incapable;
3) deprived of parental rights, if these rights have not been restored;
4) were adoptive parents (guardians, trustees, foster parents, foster parents) of another child, but the adoption was canceled or declared invalid (guardianship, custody or activity of the foster family or family-type orphanage was terminated) due to their fault;
5) are registered or treated in a psychoneurological or narcological dispensary;
6) abuse alcohol or drugs;
7) do not have a permanent place of residence and permanent earnings (income);
8) suffer from diseases, the list of which is approved by the central body of executive power, which ensures the formation of state policy in the field of health care;
9) are foreigners who are not married, except when the foreigner is a relative of the child;
10) have been convicted of crimes against life and health, liberty, honor and dignity, sexual freedom and sexual integrity of a person, against public safety, public order and morality, in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, and also for crimes provided by Articles 148, 150, 150-1, 164, 166, 167, 169, 181, 187, 324, 442 of the Criminal Code of Ukraine, or have an outstanding or not removed in the manner prescribed by law conviction for other crimes;
11) for health reasons require constant third-party care;
12) are stateless persons;
13) are married to a person who, in accordance with paragraphs 3-6, 8 and 10 of this article, cannot be an adoptive parent.
2. In addition to the persons specified in part one of this article, other persons whose interests are contrary to the interests of the child may not be adoptive parents.


FORMS OF APPLICATIONS (article 4 of the Order of the Ministry of Social Policy “About the order and conditions of reception of citizens of Ukraine living outside Ukraine, and foreigners wishing to adopt the child in Ukraine, for submission by them”)
The application is submit:
1) in person by the applicant;
2) or by his representative.
When filing a case, the applicant or representative presents a passport or other identity document and gives written consent to the processing of personal data. If the case is filed by a representative, a notarized photocopy of the power of attorney and a photocopy of the passport or other identity document of the representative shall be attached to it. From persons acting on the basis of powers of attorney representative actions during the reception may be taken no more as in one case.

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