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The matters of international adoption in Ukraine are adjusted by the following legislative acts:
- Code about a Marriage and Family of Ukraine;
- "The Order of transfer of children, who are the citizens of Ukraine, on adoption to the citizens of Ukraine and foreign citizens and realization of the control behind conditions of their residing in adoptive families", authorized by the Decision of the Cabinet of Ministers of Ukraine dated July 20, 1996, #775.
Adoption of children, who are citizens of Ukraine, by foreign citizens in the territory of Ukraine shall take place if all possibilities for their adoption, transfer under guardianship or on education in families of the citizens of Ukraine have exhausted and in case these children have been registered in the Center for Child Adoption at the Ministry of Education and Science of Ukraine, hereinafter referred to as the Center, no less then for one year.
In case citizens of foreign countries have family ties with children or undertake to adopt children, who suffer from a disease according to the list of diseases issued by the Ministry of Public Health Protection of Ukraine the one-year waiting requirement may be waived.
Foreign citizens wishing to adopt children, who are citizens of Ukraine, must submit a petition to the Center, requesting to be registered as prospective adoptive parents and to be permitted to visit state orphanages in order to select, meet and establish contact with an orphan.
The following documents must be part of the petition:
- Home Study, an affidavit issued by a competent authority in the adoptive parents' country, attesting to his/her eligibility, specifying his/her housing and living conditions, containing curriculum vitae, family data, information about own children etc.; if this affidavit is issued by a non-governmental entity, a copy of the license authorizing this entity to conduct adoption procedures shall be appended.
- Entrance and permanent residence permit for the adopted child, issued by the competent authority in the adoptive parents' country.
- Proof of income.
- Bill of health issued in the name of each of the adoptive parents.
- Copy of the marriage certificate (if applicants are a married couple).
- Copy of the passport or other identification papers of prospective adoptive parents.
- "No criminal record" statement supplied by a competent authority for each adoptive parent, attesting to his/her having no criminal record.
- Adoptive parents' commitment, if granted the adoption, to have the child registered with a Ukraine's consular office in their home country within one month (with the consular office specified), to provide the Ukrainian consular office with information (no less than once a year) about the adopted child's living and upbringing conditions, to arrange for consular officers to keep in touch with the adopted child and to retain the child's Ukrainian citizenship until 18 years of age.
All documents (except for a xerocopy of passport or another identification document) must be properly legalized if no otherwise provided for by the laws of Ukraine or international documents of Ukraine. Documents will remain valid for one year.
The documents are to be submitted to the Center together with their Ukrainian translation. The translation should be done from the duly legalized documents, if no otherwise provided for by the laws of Ukraine or international documents of Ukraine and must be validated by written approval in the Ukrainian Embassy or Consulate in the adoptive parents' country of residence or in the offices of state notary in the territory of Ukraine.
The Center will process the documents submitted by adoptive parents, enter them into the database and provide information about orphans available for adoption. The Center will then issue a letter of referral to allow the prospective parents to visit orphanages and to meet, select and establish contact with the child/children.
Along with a letter of referral, adoptive parents will be given their documents, bound, numbered, sealed, and signed by an official in charge of the Center, with a separate sheet specifying the number of pages and the prospective parents' registration file code for further submission to the local office of the Ministry of Education and Science of Ukraine with jurisdiction over the place of residence of the child.
In case of registration denial, prospective parents should be notified of the denial in writing and all the documents they submit should be returned to them.
In order to find out whether a child is available for adoption foreign citizens must submit a petition to the local office of the Ministry of Education and Science of Ukraine with jurisdiction over the place of residence of the child.
The petition (petition from an adoptive married couple is required if a child is adopted by the couple; if the adoption is made by one of the adoptive parents a consent of the other is attached to petition in writing) must contain name, surname, family name, place of residence of the prospective adoptive parent/parents as well as name, surname, family name, age, place of residence of the child being adopted. It must also indicate if a prospective adoptive parent/parents is/are aware of a health condition of the child.
The petition has to be translated into Ukrainian and notarized by a state notary in Ukraine.
The orphanage in the place of residence of a child shall draw up a conclusion about adoption's expediency and compliance with the child's interests on the ground of prospective adoptive parent/parents' petition and the documents submitted.
Foreign citizens wishing to adopt a child, who is a citizen of Ukraine, must apply to the Center for permission to begin the adoption procedure.
On the ground of the petition submitted by foreign citizens for permission to carry out adoption of a child as well as a conclusion of an orphanage about adoption's expediency and compliance with the child's interests the Center shall consider relevant documents within three days and authorize adoption or notify of a denial in writing.
If the prospective adoptive parents fail to select a child for adoption in the orphanage they were referred to by the Center, the Center may then issue a letter of referral to allow the prospective parents to visit another orphanage if they so desire.
The adoption of a child, who is a citizen of Ukraine, shall be authorized by a local court in accordance with established procedure under the application of a foreign citizen wishing to adopt the child.
The presence of the prospective adoptive parents at the Court is obligatory (Article 102 of the Code).
The adoption by foreign citizens of a child, who is a citizen of Ukraine and has a permanent place of residence beyond the borders of Ukraine, shall be carried out in a relevant consular office of Ukraine on the permission received from the Center for each particular case.
The adoption of a child, who is a citizen of Ukraine, carried out by the authorities of the country of residence of the child, shall be considered legitimate granted the preliminary permission of the Center.
Adoption can be annulled or declared illegitimate in the judicial order if it brings about violation of the adopted child's rights provided to him/her under the laws of Ukraine and international agreements of Ukraine, or if it does not meet the child's interests.
The intermediary commercial activity concerning adoption of children, transfer them under guardianship or on education in families of the citizens of Ukraine or citizens of other states is forbidden (Article 102-3 of the Code).
The Center for Child Adoption at the Ministry of Education and Science of Ukraine:
27 Taras Shevchenko Boulevard, Kyiv, Ukraine
Tel. (+38 044) 246-54-32, 246-54-37
Adoptive parents are welcome to send their questions on adoption matters at adoption@mfa.gov.ua
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