Legal support for international adoption agencies in Ukraine

In December 2019, we were contacted by a Spanish company engaged in international adoption. According to this company, their Client would like to adopt a child from Ukraine, but neither the Client, nor the agency have any ties or necessary contacts in Ukraine to start the process.

That is why the Spanish agency decided to find a partner in Ukraine, in order to provide its Clients with maximum legal security and to quickly understand the nuances of the adoption procedure in Ukraine.

Today, we will tell you about our experience of cooperation with the international adoption agency and how to bring such cooperation to a successful result - the unhindered adoption of a child from Ukraine by a foreigner.

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Adoption of a child by foreigners in Ukraine: key peculiarities

During the preliminary consultation, our specialists explained the main peculiarities that foreign adoptive parents should know, including:

• peculiarities of international adoption in Ukraine;
• the period of this procedure;
• stages that require the personal presence of adoptive parents;
• the essence of our legal assistance in adoption.

Preliminary consultation was held with a representative of the Spanish adoption agency, who provided us with all information about potential adoptive parents.

Here is a summary of the consultation:

- Rules of International Adoption from Ukraine.

Foreigners may adopt a child who has reached the age of 5 and for whom all possibilities of national adoption have been used.

The list of children for whose adoption foreigners may be allowed is provided by the Ministry of Social Policy of Ukraine. An exception may be made only in the cases specified in the Family Code, namely the following:

• If the adopter is a relative of the child;
• If the adopter adopts or has already adopted the childєs siblings;
• If the child suffers from a disease from a legally approved list of diseases, which gives foreigners the right to adopt such a child prematurely.

- International adoption timeline in Ukraine.

The adoption procedure is multistage. It involves several government agencies: the Ministry of Social Policy, the Office of Children’s Services and the court. Each case is individual, but on average the procedure takes from several months to six months.

- When is the personal presence of foreigners required?

The adoptive parents must be present in person in the following cases:

• During interview at the Ministry of Social Policy of Ukraine;
• When meeting a child;
• During court proceedings.

After meeting a child and submitting an application for adoption, it takes 10 days before getting a conclusion on the expediency of adoption. During this time, the adoptive parents can communicate with the child for 2 hours daily.

During the preparatory stages, which take up most of the time, the personal presence of foreigners in Ukraine is not required. But the legal support from the very beginning is desirable. Since it is important to know what exactly, in what form and in what quantity is required even before filing and even before gathering documents for the Ministry of Social Policy. For example, copies of the adoptive parents’ passports shall be in four copies, the conclusion on the possibility to be adoptive parents - three copies.

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An agreement with an international adoption agency for legal support of adoption procedures in Ukraine

After preliminary consultation and discussion of all the nuances of cooperation between our company and the Spanish agency, a cooperation agreement was concluded.

We offered a range of services, including:

• Consulting at the stage when candidates for adoptive parents are just thinking about adoption and are about to start gathering documents;
• Analyzing the documents of the adoptive parents for compliance with the requirements of the Ukrainian government agencies;
• Filing a package of documents with the Ministry of Social Policy of Ukraine;
• Legal support of the case consideration;
• Legal support of adoptive parents in Ukraine;
• Providing assistance with the preparation of all necessary documents so that the adoptive parents can safely go abroad with the child.

Now we have concluded a cooperation agreement with one specific family - the Clients of the international agency, but we are considering a permanent partnership with the adoption agency.

If you are an adoption agency and want to ensure your Clients stay safely in Ukraine and successfully adopt a child from Ukraine, don’t hesitate to call us. We will provide you with all the necessary information about the process and opportunities for cooperation.

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