✅ Application for adoption of a child

Application for adoption of a child in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: How to draw up an application for the adoption of a child? Can an application be filed with the court for adoption through a representative? How long can an adoption application be revoked?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Application for the adoption of a child” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

A person wishing to adopt a child submits an application for adoption to the court. Submission of such an application through a representative is not allowed.

The application for adoption may be withdrawn before the entry into force of the court decision on the adoption.

In accordance with paragraph 4 of Part 2 of Art. 293 Code of Civil Procedure, adoption cases are considered by courts of general jurisdiction according to the rules of special proceedings.

To make a decision on adoption, candidates for adoptive parents apply for the adoption of a child to the court at the place of residence (location) of the child.

Content of the application for adoption in Ukraine

An application for the adoption of a child, submitted in writing, must contain:

• the name of the court to which the application is submitted;
• name, place of residence of the applicant, as well as surname, name, patronymic, age of the adopted child, his place of residence;
• information about the state of health of the child.

An application for the adoption of a child may also contain a petition to change the surname, first name, patronymic, date, place of birth of the child, on the record of the applicant as the mother or father of the child (part 1 of article 311 of the Code of Civil Procedure).

Change of the child’s surname after adoption in Ukraine

According to Part 4 of Art. 295 Civil Code the surname, name and patronymic of an individual may be changed in the event of his adoption. The issue of changing the last name, first name and patronymic of the person adopted is regulated by Art. 231 SK. Additionally, the UK gives the adoptive parent the right to be registered as the mother, father of the child (Article 229) and the right to change information about the place of birth and date of birth of the child (Article 230).

The petition of the candidate for adoptive parents to change the surname, first name, patronymic, date, month of birth of the child, to record the applicant as the mother or father of the child is not mandatory, but optional, since it depends on the wishes of the adoptive parents.

List of documents attached to the application for adoption in Ukraine

The following documents, if any, must be attached to the application for the adoption of a child:

1. A copy of the marriage certificate, as well as the written consent of the second of the spouses, certified by a notary, when a child is adopted by one of the spouses.
2. Medical report on the applicant’s state of health.
3. Certificate from the place of work indicating the salary or a copy of the income declaration.
4. A document confirming the ownership or use of the residential premises.
5. Other documents specified by law. For example, in the case of a child being adopted by a married couple who has children, birth certificates of the children can be submitted for the adoption application.

The application for the adoption of a child by stateless persons permanently residing outside Ukraine, or by foreigners, in addition to the above documents, are attached:

• permission of the Ministry of Social Policy of Ukraine;
• the conclusion of the competent authority of the relevant state on the conditions of their life and the possibility of being adoptive parents;
• permission of the competent authority of the relevant state for the entry of the adopted child and his permanent residence in the territory of this state;
• obligations of the adopter, formalized in a notarial manner, to provide representatives of the diplomatic institution of Ukraine abroad with information about the adopted child and the possibility of communicating with the child.

In addition to the documents specified in part 2 of this article, the consent of the legal representative of the child and the consent of the competent authority of the state of which the child is a citizen are attached to the application of citizens of Ukraine for the adoption of a child who is a citizen of another state.

The documents of adoptive parents who are citizens of other states must be legalized in accordance with the procedure established by law, unless otherwise provided by international treaties, the consent to be bound by which has been provided by the Verkhovna Rada of Ukraine. Such documents must be translated into Ukrainian, and the translation must be notarized.

What is indicated in the application for adoption in Ukraine

According to Part 6 of Art. 311 of the Code of Civil Procedure, an application for the adoption of an adult must contain:

• the name of the court to which the application is submitted;
• name, place of residence of the applicant, as well as surname, name, patronymic, age of the adopted child, his place of residence;
• information about the state of health of the child;
• data on absence of mother, father or deprivation of care.

The application must be accompanied by the documents specified in clause 1 of part 2 of Art. 311 Code of Civil Procedure, as well as the consent of the person for adoption.

Court fee when applying for adoption in Ukraine

By virtue of Part 4 of Art. 177 Code of Civil Procedure, documents are attached to the application confirming the payment of the court fee in the prescribed manner and amount. According to Part 2 of Art. 4 of the Law of Ukraine “On court fees” (On court fees: Law of Ukraine dated 08.07.2011 No. 3674-VI. Https://zakon.rada.gov.ua/laws/show/3674-17) from applications for special proceedings is 0.2 of the minimum subsistence level for able-bodied persons.

Application rules in Ukraine

The application for adoption is submitted to the court of first instance personally by candidates for adoptive parents, where it is registered and, no later than the next day, is transferred to the court determined by the Single Judicial Information and Telecommunication System (part 3 of Art. 14 of the Code of Civil Procedure).

The judge, when accepting an application for adoption, must check the compliance of the form and content of the application with the requirements enshrined in Art. 311 of the Code of Civil Procedure, and the requirements contained in Chapter 18 of the CK (for example, the basic information specified in the application about the adoptive parents, about the person they wish to adopt, about the biological parents of the child (Art.217 CK), the child’s siblings (Art. 210 SK), the motives on the basis of which a person wishes to adopt a child (part 2 of Art. 210 SK), etc.). The judge, having established that the application was filed without observing the specified requirements, within five days from the date the application was received by the court, issues a ruling to leave the application without movement (Article 185 of the Code of Civil Procedure).

In the absence of grounds for leaving the application without movement, the return of the application (Article 185 of the Code of Civil Procedure) or refusal to open proceedings (Article 186 of the Code of Civil Procedure), the court opens proceedings on the case within five days from the date of receipt of the application, which makes a ruling {ch. 1 tbsp. 187 Code of Civil Procedure).

Preparation of the case for consideration in Ukraine

The next stage of the adoption proceedings is the preparation of the case for consideration.

When preparing a case on the adoption of a child for consideration, the judge decides on the participation in it as interested persons of the relevant guardianship and trusteeship body, and in cases in which proceedings are opened at the request of foreign citizens, the authorized executive body (Ministry of Social Policy of Ukraine) (Article 312 of the Code of Civil Procedure ).

Attached to the conclusion of the guardianship and trusteeship body in Ukraine

At this stage of the process, the guardianship and trusteeship authority must submit to the court an opinion on the advisability of adoption and compliance with the interests of the child. The following must be attached to the conclusion of the guardianship and trusteeship body:

• an act of examination of the applicant’s living conditions, drawn up at his place of residence;
• birth certificate of a child;
• medical report on the state of health of the child, on his physical and mental development;
• in cases prescribed by law, the consent of the parents, guardian, guardian of the child, health care institution or educational institution, as well as the child himself, for adoption.

The court, if necessary, may require the submission of other documents. In particular, the guardianship and trusteeship body may additionally submit to the court:

• information about the presence of brothers and sisters in the adopted child (Article 210 of the SK);
• parental consent to the adoption of a child when the child reaches the age of two months (part 3 of article 217 of the Criminal Code);
• the consent of a child who has reached seven years of age, for the registration of the adoptive parent as the mother, father of the child (part 2 of article 229 of the SK);
• the child’s consent to change her name (part 1 of article 231 of the UK) and other documents.

Right to withdraw an application in Ukraine

A candidate for adoptive parents has the right to withdraw an application for adoption before the entry into force of a court decision on adoption, which is consistent with the principle of dispositiveness in civil proceedings.

If, after the adoption of the decision on adoption, but before its entry into legal force, the child’s parents withdrew their consent to his adoption, the court cancels its decision and resumes the consideration of the case (part 5 of article 314 of the Code of Civil Procedure).

In case of withdrawal of the application for adoption after the adoption of the decision on adoption, but before its entry into legal force, the court cancels its decision and leaves the application without consideration (part 6 of article 314 of the Code of Civil Procedure).

The application for adoption may be withdrawn after the entry into force of the court decision on the adoption.

Family Lawyer for Child Adoption Applications in Ukraine

To effectively resolve the case on the application for the adoption of a child, you should contact professional family lawyers.

Family lawyer:

• provide legal advice on family matters;
• will help to determine the best option for solving a family case;
• prepare all the necessary documents;
• accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue regarding the application for the adoption of a child.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in resolving a child adoption application is to contact good family lawyers!

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