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How To Adopt A Foreigner Child From Ukraine | InLaw

Writer: Ірина РокіщукІрина Рокіщук

Every child must grow up in a family environment, in an atmosphere of happiness, love and understanding. For many children deprived of parental care, foreigner`s adoption is almost the only possible way out. Ukrainian legislation is designed to protect the best interests of the child in case of adoption by a foreigner, to ensure that his or her fundamental rights are respected, and to prevent possible abduction or trafficking.


If you intend to adopt a child in Ukraine, and want to do it quickly and easily, you will find our Step-by-Step Instructions on Adoption of a Child by a Foreigner in Ukraine useful.

Step I: CHECK OUT NO OBSTACLES FOR ADOPTION

Art. 283 of the Family Code of Ukraine states that a child may be adopted by a foreigner if there is no citizen of Ukraine who would like to adopt or adopt him into the family.


Also, the child must reach 5 years of age and be registered with the Department of the Ministry of Social Policy for at least 1 year.


Exceptions when compliance is not required:

1) the adopter is a relative of the child;

2) the child suffers from a disease that is included in a special list of diseases;

3) all siblings are adopted into one family, if one of them has reached 5 years of age and is registered for at least 1 year;

4) foreigners have expressed a desire to adopt a child who is a brother or sister of a child previously adopted by them.


It should be noted that the preemptive right to adoption will have foreigners who are:

1) relatives of the child;

2) citizens of states with which Ukraine has concluded an agreement on the provision of legal assistance.


Step II: PASS THE TEST


To adopt a child in Ukraine, a foreigner must apply to the Department of the Ministry of Social Policy, thatt sends a request to the Ministry of Internal Affairs of Ukraine. The last checks the adopters for the presence or absence of information of a compromising nature in the law enforcement agencies of other states and the General Secretariat of Interpol.

Step III: COLLECT DOCUMENTS

Potential adopters must collect a package of documents in the country to which they belong:

  • Notarized application for registration of candidates for adoption;

  • 4 copies of a copy of a foreigner's passport or other identity document;

  • 3 copies of the conclusion on the possibility of candidates to be adoptive parents, issued by the authorized body of their country.

Pay attention! As these documents must be drawn up in the Ukrainian language and according to templates, as required by the Ukrainian authorities, it will be appropriate for foreigners to turn to lawyers in Ukraine.


Step IV. APPLY


Documents should be submitted to the Ministry of Social Policy. It is possible to do this even through proxies, so it is not necessary to go to Ukraine at this stage. The review period is 20 working days.


In case of a positive decision, you will be issued an invitation to an interview, which you must appear in person, together with a certified translator.


Step V. PASS THE INTERVIEW AND PERSONAL ACQUAINTANCE WITH THE CHILD


If you make a positive decision, you will be issued an interview invitation. At this stage, it is mandatory to come to Ukraine in person, and together with a certified translator.


To get to know a particular child in person, you need to get a referral during the interview. According to the results of communication with the child, if the contact is established, you will be able to adopt her.


Step VI. APPLY FOR THE ADOPTION OF THE CHILD


Next, you need to make a statement of desire to adopt the chosen child, which will be considered by a special commission.


Term of consideration - 10 working days. During this time you will be able to see the child periodically, namely, every day for 2 hours.


Based on the results of the review, an opinion will be issued on the expediency of adoption.

Then all the documents are submitted to the Ministry of Social Policy, which within 10 days gives its consent to the adoption.


Step VII. GET A COURT DECISION


The last stage in Ukraine will be to apply to the court for a decision on the adoption of a child. The presence of candidates is mandatory during the adoption case.


When applying to the court, a package of documents shall be attached to the application, which shall contain:

  • a copy of the marriage certificate;

  • medical certificate of the applicants' state of health;

  • certificate from the place of work with the specified amount of salary (a copy of the declaration of income will also be suitable);

  • an act confirming the right of ownership or use of housing;

  • confirmation of adoption permission from the Ministry of Social Policy;

  • conclusion from the competent authorities of the state of which the adopters are citizens, about their possibility to be adopters;

  • permission for relocation and permanent residence of the child in the country of future parents.

Attention! All the above documents must be legalized in accordance with the laws of Ukraine and the foreign country to which the candidates for adoption are related.


Step VIII. TAKE THE ADOPTED CHILD


The last step in the adoption process will be to apply to the Center for the provision of administrative services for the preparation of an exit document to the child.


The whole process of adopting a child from Ukraine can be frightening with the number of stages, important steps and necessary documents. But if you take care of qualified legal assistance, the procedure will take place without unnecessary delays and repetitions.


Contact our lawyers in a way convenient for you!


1. Write your question in the CHAT (bottom of the page)

2. Call our contact number +380677752277

3. Come to our office (by appointment) at the address: Kyiv, Sq. Solomianska, 2, office 801.


 
 
 

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