Intercountry adoption in Ukraine
International adoption
When it comes to expanding a family through international adoption, it is not only an emotionally intense but also a legally complex process. Based on practice, the duration of an intercountry adoption procedure ranges from three to twelve months, depending on the circumstances. For those who consider Ukraine as a country for intercountry adoption, an understanding of the intricacies of Ukrainian legislation is essential. Having an experienced lawyer by your side can make all the difference on this crucial journey. Ukraine has specific requirements for candidates for adoption, including age, marital status and financial stability. Our lawyers offer a comprehensive assessment of your possibilities to ensure that you meet all the necessary criteria.
Why intercountry adoption from Ukraine?
Ukraine is becoming an increasingly attractive destination for intercountry adoption, thanks to its well-established procedures and willingness to place children with loving families abroad. However, the rules of intercountry adoption in Ukraine are strict and clearly defined. In order for the adoption procedure to go smoothly and meet all legal criteria, it is necessary to use the services of an experienced immigration lawyer.
Advantages for European citizens in adopting a child from Ukraine:
- Declared income for adoptive parents is low by European standards
- Loyal attitude of Ukrainian regulatory authorities to adoptive parents from European countries
- The low cost of living in Ukraine, which makes visits necessary during the adoption procedure economically viable
- The similarity of a child from Ukraine to the future parents both in appearance and mentality
- Legal certainty and irreversibility of the process
- A large number of children in need of adoption compared to requests
The most important role of an immigration lawyer in international adoption
Understanding the Ukrainian adoption procedure
Our lawyers are ready to guide you through all stages of the adoption process, which includes:
- Legal advice on intercountry adoption in Ukraine
- Collection and preparation of the necessary package of documents, as well as, if necessary, translation and legalisation of documents
- Preparation and submission of an application to the authorised state authorities of Ukraine
- Assistance and support in the process of selecting candidates for adoption
- Interaction with the state authorities of Ukraine
- Legal expertise of adoption agreements
- Preparation of registration and immigration documents for the child
According to Ukrainian legislation, the final decision on the adoption of a child is made by the court, which can make both a positive decision for you, as the applicant, and a negative one. Obviously, the right choice of a lawyer who will competently represent your rights and legitimate interests in court will be a decisive factor in obtaining a positive decision from a Ukrainian court! If for some reason you have already received a refusal, all is not lost. The lawyers of our firm are ready to appeal against a negative court decision in higher courts.
Length of stay in Ukraine for adoptive parents
According to Ukrainian law, prospective parents must make at least two trips to Ukraine. Our lawyers will provide you with the exact timing of your required stay in the country, ensuring compliance with the law and optimising your time and resources.
According to Ukrainian law, foreign citizens may adopt a Ukrainian child if the following conditions are met:
- The child must be registered with the central executive body for adoption and protection of children’s rights (Ministry of Social Policy) for at least one year.
- The child must be at least 5 years old.
However, these conditions do not apply if:
- The adopter is a relative of the child.
- The child has a disease included in the special list of diseases approved by the Ministry of Health of Ukraine (Order of the Ministry of Health No. 973 of 27 December 2011).
- All siblings are adopted into the same family if one of them is 5 years old and has been registered with the central executive authority for adoption and protection of children’s rights for at least one year.
- Foreigners wish to adopt a child who is a sibling of a child they have previously adopted.
For Ukrainian citizens residing outside Ukraine and foreigners wishing to adopt a child in Ukraine, the application procedure is carried out exclusively through the Ministry of Social Policy.
The required documents for the Ministry of Social Policy must comply with the list below, and if they are submitted by an authorised representative, a copy of the representative’s passport and a copy of the power of attorney must also be attached. These documents include :
- A notarised application for registration as candidates for adoption.
- Proof of income, for example, a salary certificate for the last six months or a copy of the income tax return for the previous calendar year, certified by the issuing authority or by a notary.
- A notarised copy of the marriage certificate registered with the competent authorities of the applicant’s country (in duplicate).
- Medical certificates for each applicant in the prescribed format.
- A notarised written consent of the other spouse to adoption by one spouse only, if applicable.
- A certificate of no criminal record for each applicant from the competent authority of the country of residence.
- A conclusion from the competent authority of the applicant’s country of residence confirming his or her suitability to be an adoptive parent.
- Recommendations on the number, age and health status of the children to be adopted.
- Information on court decisions or actions affecting the applicants’ parental rights.
- If the conclusion is issued by a non-governmental body, it must be accompanied by the relevant licences and accreditation information.
- For foreigners permanently residing in Ukraine, the conclusion is prepared by the service for children’s affairs at their place of residence.
Other required documents include:
- Permission from the competent authority of the applicant’s country of residence for the entry and permanent residence of the adopted child.
- Copies of passports or identity documents (four copies).
- A notarised certificate of ownership or use of the residential premises.
- Consent to receive information from Interpol and law enforcement agencies.
- Documents on consent to the processing of personal data.
- Certificates on the living conditions and health of the foster child.
- Mandatory documents defining various responsibilities of adoptive parents.
If the child is adopted by one of the spouses, the documents listed in paragraphs 4, 9, 6, 11 and 12 must be submitted by each spouse. It is important to note that notarised income and property certificates do not replace the required documents.
The Ministry of Social Policy will only accept these documents if all the above requirements are met, and the documents referred to in points 1, 2, 4-7, 11-14 must be submitted in the original, unless otherwise stated.
These documents must be prepared in the applicant’s country of residence. Foreigners who reside in Ukraine must prepare documents in Ukraine, and those who temporarily reside in Ukraine must prepare documents in their home country.
All documents, except for copies of passports, must be legalised at the relevant diplomatic mission of Ukraine abroad and provided with a certified translation into Ukrainian.
Applications and appeals must be written in Ukrainian for foreigners who are legally in Ukraine, notarised and comply with the established language requirements. Failure to comply with these requirements may result in the application not being considered. The validity of these documents is one year, but they must be valid for at least six months at the time of submission to the Ministry of Social Policy. If the validity of the documents is less than six months, they must be extended in accordance with the legislation of the country that issued the document. If you are registered with the children’s service at your place of residence as a candidate for adoption, you can also submit an application for adoption to the Ministry of Social Policy of Ukraine online.
Advantages of cooperation with Magisters Attorneys at Law
Expertise in Ukrainian law: our lawyers are not only well-versed in intercountry adoption laws, but also specialise in Ukrainian law, giving you the opportunity to get acquainted with local peculiarities that may be missed by ordinary international lawyers.
Individual approach to everyone: legal services at our law firm are tailored to meet your unique needs, ensuring a personalised approach to the adoption process.
Efficiency and time-saving: thanks to a thorough knowledge of the law and many years of practical experience in similar cases, the lawyers of our association are able to significantly speed up the adoption procedure, preventing delays and resolving issues proactively.
Comprehensive comprehensive legal support: judicial representation of your interests is not the only task of a lawyer, we provide the entire process in a complex, from the initial consultation to the final registration of your child’s citizenship, at all stages you will receive maximum legal support.
Risk mitigation: thanks to their experience, our lawyers are able to anticipate and eliminate risks, ensuring a smooth process and protecting your rights at every stage.
If you are considering intercountry adoption from Ukraine, you should not go it alone. Contact Magisters Attorneys at Law and you will receive specialised, comprehensive, and most importantly, highly professional legal support that you can count on. Your future family is waiting for you, and we are ready to help you with this. We provide not only legal services, but also peace of mind, making sure that your journey to expanding your family is as smooth and joyful as it should be!
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