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In this article

Where to start

Published: July 22, 2016, 17:17

The Ukrainian legislation defines a clear procedure and a priority sequence for placement of orphans and children without parental care in families for bringing up.

The priority right to get a child in their family is granted to Ukrainian citizens and is secured in accordance with the Article 24 of the Law of Ukraine "On Childhood Protection" as well as by Articles 213 and 238 of the Family Code of Ukraine.

This fact is confirmed by statistic data for more than 10 years. In particular, during 2014 citizens of Ukraine adopted 1,591 children and foreign nationals - 524. According to 2015 data, citizens of Ukraine adopted 1,487 children, and foreigners – 379 children.

Accounting of orphans and children deprived of parental care that may be adopted as well as the procedure for the children turning over for adoption are specified in the Procedure for Carrying out Activity on Adoption and Supervising Observance of Adopted Children's Rights, approved by the Cabinet of Ministers of Ukraine Resolution dated October 08, 2008 # 905.

Pursuant to requirements of regulatory and legal acts of Ukraine regulating adoption issues, any activity for adoption shall be carried out only  by government bodies and officials authorized by the state. Any activity for adoption aimed to generate profit is prohibited.

Registration of Ukrainian citizens living outside Ukraine and foreigners wishing to adopt a child is provided only by the MOSP.

Foreigners cannot be adoptive parents until they submit appropriate documents to be prepared in their home country and envisaged in requirements of Ukrainian legislation.

From time to time one may see publications regarding adoption of Ukrainian children by foreign citizens and huge money they pay in Ukraine for the services. Please note that in these cases they deal with fraudsters that are engaged in fraudulent practice and has to be liable for its consequences.

Pursuant to current Ukrainian legislation (Article 216 of the Family Code of Ukraine) any intermediary commercial activity in the areas of children adoption, placement them under guardianship and custody or in families of Ukrainian or foreign citizens is prohibited. Should the facts of such activity be revealed and proved persons engaged in the activities will undergo punishment.

The Adoption Procedure is regulated by appropriate regulatory acts, violation of their terms and requirements is inadmissible, and persons having committed the violation shall be subject to both administrative and criminal penalty.

Please note that despite any promises given to foreign citizens by such persons, decision regarding adoption shall be taken only by the court based on consent for the adoption to be provided by the Ministry of Social Policy of Ukraine in accordance with the Ukrainian legislation.

Unfortunately Ukraine still has not ratified the Convention on protection of children and co-operation in respect of intercountry adoption that strengthens guarantees of children protection in adoption, though the issue was repeatedly presented to the Verkhovna Rada of Ukraine for consideration. But we continue our efforts and now the Work Group of the Ministry of Justice of Ukraine that includes specialists from MOSP carries out activities on preparation of new draft laws of Ukraine regarding accession to the Hague Convention on Adoption. Upon getting them agreed the drafts will be presented to the Verkhovna Rada of Ukraine for consideration in accordance with the established procedure.

In view of the above and for the purpose of timely detection and prevention of crimes in the area of adoption and children rights protection, the MOSPrefers to all the conscious, active, and concerned citizens to apply to the police should the facts of violation of established procedures for adopting children by citizens of Ukraine and foreigners come to their notice at the place their detection.

Additional information you can get here