If a foreigner wants to adopt a child being a citizen of Ukraine and residing in Ukraine he/she is required to know the following peculiarities:
Who is able to be an adopter of a child in Ukraine
An adoptive parent of a child shall be a capable individual aged at least twenty-one unless he/she is a child’s relative. An adopter shall be a person who is at least fifteen years older than a child he/she wants to adopt.
Adoptive parents shall not be individuals of the same sex.
Individuals being unmarried to each other shall not adopt the same child. If such individuals live as a family a court may pass a judgement enabling them to adopt a child.
If a child has a mother only he/she shall not be adopted by a man who is not married to his/her mother. If a child has a father only he/she shall not be adopted by a woman who is not married to his/her father. Under certain circumstances Ukrainian court may allow unmarried couple (living together) to adopt a child.
An individual willing to adopt a child in Ukraine shall be verified by the law enforcement bodies of Ukraine, International Police regarding his/her having a criminal record and existence of criminal proceedings against this individual.
Who is unable to be an adopter of a child in Ukraine
Adopters shall not be individuals who:
1) are incapacitated;
2) are adjudged as incapable;
3) are deprived of parental rights unless these rights are restored;
4) used to be adopters (guardians, custodians, foster parents, parents as child supervisors) of another child, however adoption was cancelled or rendered as invalid (termination of custody, guardianship or activities of a foster home or family-type orphanage) due to the fault thereof;
5) are registered or treated in psychoneurologic or drug rehabilitation institutions;
6) misuse alcohol drinks and drug substances;
7) have no permanent place of residence and regular wages (income);
8) suffer from diseases a list whereof being approved by a central executive authority in charge of providing state policy in the health care branch;
9) are foreigners unmarried to each other unless a foreigner is a child’s relative;
10) have been convicted of committing certain crimes;
11) require constant nursing care for health reasons;
12) are persons without citizenship;
13) are married to a person who is unable to be an adopter.
Other individuals having interests contradicting to child’s interests shall not be adopters.
Who can be adopted in Ukraine
Generally a foreigner may adopt a child aged from 5 to 18 years and registered for adoption for at least a year. A child is permitted to be adopted prior expiration of a year term and/or before reaching the age of 5 years if:
1) An adopter is a child’s relative;
2) A child suffers from a disease defined by the health authorities of Ukraine;
3) All the siblings may be adopted by one family if one of them reaches the age of five years and is registered at least a year;
4) Foreigners expressed their willing to adopt a child who is a sibling of the child adopted by them heretofore.
Certain peculiarities of adoption in Ukraine
A child may be adopted by a foreigner if there is no citizen of Ukraine willing to adopt or take care of this child in his/her family.
Both children and potential adopters shall be placed in a special adoption list to receive an opportunity to adopt and be adopted.
A priority right to adopt a child being a citizen of Ukraine is given to foreigners who are:
1) Child’s relatives;
2) Citizens of states which entered a legal assistance treaty with Ukraine.
To adopt a child a foreigner must obtain consent of a state executive authority.
Consent of child’s parents is required as well. Parents’ consent for adoption of a child is unconditional: it must not be paid for or given in return for other benefits. A child’s mother, father are entitled to revoke their consent on adoption prior a court decision on adoption comes into force. A child may be adopted without parents’ consent if:
1) There is no evidence of parents;
2) They are adjudicated as missing persons;
3) They are recognized as incapable;
4) They are deprived of parental rights regarding a child who is being adopted;
5) Within two months following a child’s birth failed to take him/her for care in a family.
To adopt a child it is necessary to obtain his/her consent if he/she reaches such age and level of development when he/she is able to express such consent. A child’s consent for adoption is given in a form corresponding to his/her age and health state.
For adoption of a child by a spouse a written consent of another spouse certified by a notary is required.
For the purpose of adoption of a parentless child who is in the health care or educational facility it is necessary to obtain consent of such facility.
An issue on adoption of a child is subject to trial and decision of a court of Ukraine. Adoption is accomplished since the day when a court decision regarding such adoption comes into effect.
An adopter may be registered upon his statement in a Birth registration book as a child’s mother, father. If a child aged seven years is being adopted his/her consent is required to register an adopter as a child’s mother, father.
Information of a child’s birth place and birth date may be changed as well. A child’s birth date may be changed for a period within six months.
If child is adopted by both adoptive parents and if they are registered as child’s parents, surname and patronymic name of a child undergo changes as well.
Upon the adopters’ consent a child’s name may be altered as well. Such change requires a child’s consent.
If an adopter is written as a child’s father child’s patronymic name shall be changed as well.
Since adoption personal and property rights and liabilities between parents and an adopter as well as between him/her and his/her other relatives by blood terminate.
When a child is being adopted by one individual such rights and liabilities may be reserved upon a mother’s willing if an adopter is a man or upon a father’s willing if an adopter is a woman.
Since the moment of adoption personal non-proprietary and proprietary rights and liabilities arise between adopted person (hereafter between his/her children, grandchildren) and an adopter and his/her relatives by blood.
Secret adoption is valid only in the events when an adopter is a citizen of a country which entered a treaty with Ukraine on rendering legal assistance.
A citizenship of Ukraine is reserved for an adopted child until the age of eighteen.
If children are adopted by foreigners and live outside Ukraine a relevant consulship department shall keep records of such children and supervise whether their rights are respected until the age of eighteen.
It is better to authorize a family law attorney for preparation of documents, submission of a statement to a court and hearing of adoption cases. Qualified assistance of an attorney will help to adopt a child in Ukraine faster and more efficiently.
Lawyers of Zilver Law Company speak English and German therefore they communicate with a foreign client with no aid from an interpreter thus improving understanding of a layer and a foreign client. Our lawyers shall help you with a child adoption in Kyiv (Ukraine). Our contact information: +380501409560, +380980027825 e-mail: firstname.lastname@example.org.