Adoption by a foreigner in Ukraine in 2020: where to start?

The adoption is a multiple-stage and long process. Something may go wrong at any stage.

That is why in this material we will analyze where to start, what to know and what you to prepare when it comes to the people who are not citizens of Ukraine and who want to adopt a child from Ukraine.

See also: Legal services for non-residents

Who can adopt a child from Ukraine?

According to Art. 211 of the Family Code of Ukraine, a legally capable person who is twenty-one years and older can become an adoptive person. The age difference between the child and the adoptive person must be no less than fifteen years. A mandatory requirement for adoptive parents is being married.

All of the above criteria do not apply to cases where the adoptive person is a relative of the child.

Who can not adopt a child from Ukraine?

Matching any of the above criteria makes adoption in Ukraine impossible:

• inadequate health - both physical and mental. Persons suffering from at least one of the diseases, the list of which is approved by the Ministry of Health of Ukraine, cannot become adoptive parents. These include: HIV, tuberculosis, oncological disease in the fourth stage, spinal muscular atrophy, schizophrenia, Alzheimer's disease, personality disorders, behavior disorders, mood disorders, etc .;
• problems with the use of alcohol, narcotics and psychotropic substances;
• lack of permanent residence and permanent earnings;
• deprivation of parental rights in the past, if these rights have not been restored;
• outstanding or unexpunged conviction for:
• crimes against life, health, sexual freedom, public safety, morality, order;
• for crimes related to the illicit trafficking of drugs and psychotropic substances, as well as for the exploitation of children, including for begging purposes.

It should also be noted that in Ukraine people of the same sex cannot become adoptive parents.

What documents for adoption to start collecting first?

A full list of documents is established by paragraph 33 of the Procedure for the adoption and supervision of the rights of adopted children. There should be no questions regarding a copy of the passport and a marriage certificate, yet some other questions  are of their own specific nature .It is these questions that we are going to discuss below.

The conclusion of the competent authority on the possibility of being adoptive parents. This conclusion must be obtained from the competent authority of your country. Depending on the country, this can be either a state body that deals with adoption issues, or a non-state body. For example, an adoption agency.

If the Conclusion is provided by a non-governmental body, you need to ask them for a copy of the accreditation document and / or a license (depending  on local legislation). In case of cooperation with a non-governmental body, a prerequisite is the conclusion of an agreement with them, a copy of which is attached to the above-mentioned Conclusion.

The conclusion, in addition to information on living conditions, biographical data and the composition of the adoptive family, should contain the following information:

• Attitude toward  adoption. It is not enough to note here that the attitude is positive, and that adoption is cool. This refers to the justification of the reason to adopt a child (for example, there is no physical capability to give birth, but having children is a years long dream), why from Ukraine, etc .;
• Data on familiarization with the requirements and training for raising adopted children. So, before adoption, you need to undergo some training, listen to lectures. The government body or agency that deals with this establishes the number of hours of preparation;
• Recommendations regarding the characteristics of children who can be adopted: their quantity, age, and particular health conditions (in particular, is it possible to provide appropriate care to a child / children with special needs);
• Information about the absence of court decisions on the deprivation of parental rights or the cancellation of adoption through the fault of the adoptive parents, as well as on the absence of facts of abandonment of their own or adopted children.

Important! In order not to waste time on sending documents, our specialists can analyze the scan of the conclusion. If this document is not issued by a government agency, but by a private entity, and there is an opportunity to agree to be given a draft to read, this will greatly help you in the process.

See also: Obtaining a temporary residence permit in Ukraine

Our experts can evaluate the draft conclusion, and, if necessary, consult with the Ministry of Social Policy, and provide you with advice, if this document should be changed, added, etc. This type of work gives you a guarantee that the document will not have to be redone, which means that you will not have to waste precious time.

Entry and Stay Permit for the child. The peculiarity is that this permit has no official name. That is, it is not issued for a specific person (child), but simply for the child to enter.

It is submitted for registration of candidates for adoption. And at the stage of obtaining this permit, candidates do have the slightest idea about who they will adopt. Therefore, you should ask about the specifics of obtaining this permission in your country or entrust lawyers with collecting information.

A certificate of no criminal record for each candidate. The procedure for obtaining these certificates is individual for each specific country. But in Ukraine, for example, they are issued by the bodies of the Ministry of Internal Affairs and their receipt takes from several days to two weeks.

Physician's Medical Report on the candidates. Its feature is that it must be executed in the form established by Ukrainian legislation. Therefore, we provide a form translated into English, which can be downloaded here, and help you fill it out correctly. If necessary, if there are any doubts about the correctness of its preparation, our lawyers will be able to agree on the draft (scan) of the document in the relevant authorities.

The adoption procedure in Ukraine takes a lot of time and consists of several stages. To take certain actions, candidates must be present in person. For example, during an interview with the officers of the Ministry of Social Policy and during introduction to a child.

But at most stages of the adoption procedure, the personal presence of the adoptive parents is not at all mandatory. Our specialists can accompany turnkey adoption with:

• advising at the stage of collecting documents in the country of adoptive parents;
• submiting a ready-made package of documents to the Ministry of Social Policy;
• monitoring the examination of the case by the ministry;
• will receive an invitation for an interview;
• preparetion an application for adoption in court;
• assisting in the consideration of the adoption case in court;
• helping with paperwork for the child to travel abroad.

If you have any further questions or want to get support from local experts, we would appreciate serving you in the best possible way.