✅ Court decision on adoption

Court decision on adoption

Court decision on adoption in Ukraine

Our family lawyers are very often asked the following questions: How to draw up an application for adoption? How long does a court decision on adoption take? Can a court refuse a person to adopt a child on the grounds that she already has a child?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Court decision on adoption” 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.

When making a decision on the adoption of a child, the court takes into account the circumstances of significant importance, in particular:

  • the state of health and financial situation of a person who wants to adopt a child, his marital status and living conditions, attitude towards raising a child;
  • the motives on the basis of which a person wishes to adopt a child;
  • the reasons why the other of the spouses does not want to be an adoptive parent, if only one of the spouses has submitted an application for adoption;
  • the correspondence of the person wishing to adopt the child and the child, as well as how long this person has been involved with the child;
  • the child’s personality and state of health;
  • the attitude of the child to the person who wants to adopt him.

Subject to all the conditions established by this Code, the ability of a person wishing to adopt a child to provide stable and harmonious conditions for the child’s life shall be decided by a decision by which this person declares the child’s adoptive parent.

Consideration by the Court of Cases on Adoption in Ukraine

The court cannot deny adoption to a person on the grounds that she already has or can give birth to a child.

When making a decision on the adoption of an adult, the court takes into account the motives on the basis of which the persons wish to be adopted, the possibility of their living together, their marital status and state of health, as well as other circumstances of significant importance.

After the end of the trial, the courts immediately make decisions (part 1 of article 25 of the Code of Civil Procedure). The decision of the court as the most important act of justice is intended to ensure the protection of human rights and freedoms guaranteed by the Constitution of Ukraine and the implementation of the principle of the rule of law proclaimed by the Basic Law of Ukraine. In this regard, the courts must unswervingly comply with the requirements for the legality and validity of a decision in a civil case (paragraph 2 of the resolution of the Plenum of the Supreme Court of Ukraine “On a court decision in a civil case”).

A legal decision is taken by a court in accordance with the norms of substantive law in compliance with the norms of procedural law (part 2 of article 263 of the Code of Civil Procedure of Ukraine). The decision is legal when the court, having fulfilled all the requirements of civil proceedings, decided the case in accordance with the rules of substantive law applicable to these legal relations, and also correctly interpreted these rules of law).

Justified is a decision made on the basis of fully and comprehensively clarified circumstances, which the parties refer to as the basis for their claims and objections, confirmed by the evidence that was examined in the court session (part 5 of article 263 of the Code of Civil Procedure).

According to Part 1 of Art. 314 of the Code of Civil Procedure, based on the results of consideration of the application for adoption, the court makes a decision.

Judgment in adoption cases in Ukraine

A court decision in cases of adoption is an act of justice, which was adopted by a court as a result of the establishment of legal grounds for adoption in court proceedings, containing confirmation of the presence or absence of the fact of adoption, aimed at protecting a legitimate interest and entailing the emergence, change and termination of procedural and material relations between the adoptive parent, by the person who is being adopted and by relatives, both from the side of the adoptive parent and from the side of the person who is being adopted.

The court decision must be based on the principles of the rule of law, be lawful and justified (part 1 of article 263 of the Code of Civil Procedure) and meet the requirements for each court decision as an act of justice (Articles 259, 264, 265 of the Code of Civil Procedure).

According to Part 4 of Art. 313 Code of Civil Procedure by a lawful court decision on adoption cases, such a decision, which establishes the legality of the grounds for adoption, including the presence of the consent of the adopted child, if such consent is necessary, or the presence of the consent of the adopted adult.

What does the court take into account when deciding on adoption in Ukraine?

Article 264 of the Code of Civil Procedure determines the range of issues that the court decides when making a court decision, however, more detailed attention of the court when considering and resolving a case should be given to circumstances of significant importance. Taking into account such circumstances determines the legal grounds for the adoption.

In particular, when deciding on the adoption of a child, the court must take into account:

  • the state of health and financial situation of a person who wants to adopt a child, his marital status and living conditions, attitude towards raising a child;
  • the motives on the basis of which a person wishes to adopt a child;
  • the reasons why the other of the spouses does not want to be an adoptive parent, if only one of the spouses has submitted an application for adoption;
  • the mutual responsibility of the person wishing to adopt a child and the child, as well as how long this person has already been raising the child;
  • the face of the child and the state of his health;
  • the attitude of the child to the person who wants to adopt him.

Article 10 of the European Convention on the Adoption of Children also notes that the competent authority makes a decision on adoption only after proper preliminary establishment of the circumstances concerning the adoptive parent, the child and his family.

The establishment of the circumstances to the appropriate extent in each case concerns as much as possible, and inter alia, the following issues:

  • personality, health and social environment of the adoptive parent, details of his home and living conditions, his ability to raise a child;
  • the reasons why the adoptive parent wishes to adopt the child;
  • the reasons why the spouse does not join the application when only one of the spouses applies for the adoption;
  • the mutual compatibility of the child and the adoptive parent, as well as the length of time during which the child was under his care; f) the personality, state of health and social environment of the child, as well as taking into account the restrictions established by law on her family origin and her civil status;
  • the ethnic, religious and cultural origin of the adoptive parent and the child. Such establishing of the circumstances shall be entrusted to a person or institution which is determined for this purpose by law or by a competent authority.

Satisfy an application for adoption in Ukraine

Making a decision in accordance with Art. 314 Code of Civil Procedure and Art. 224 UK, the court must justify the approval or rejection of the application for adoption.

If the application is satisfied, the court notes in the operative part of the decision on the adoption of a child or an adult by the applicant (s) (part 2 of article 314 of the Code of Civil Procedure). According to par. 1 clause 9 of the resolution of the Plenum of the Supreme Court of Ukraine “On the practice of law enforcement by courts when considering cases of adoption and deprivation and restoration of parental rights” surname, name, patronymic, day, month and year of birth, as well as his citizenship.

At the request of the applicant (s), the court decides on the issue of changing the name, surname and patronymic, date and place of birth of the adopted child, on changing the name, surname, patronymic of the adopted adult, on the registration of the adoptive parents by the parents in accordance with Articles 229-231 of the SK (part 3 Art.314 Code of Civil Procedure). It should be borne in mind that changes are made not to the certificate, but to the record of the birth of the child.

Article 3 of the European Convention on the Adoption of Children recognizes adoption as valid only if it is carried out by a decision of a court or an administrative authority (hereinafter referred to as the competent authority). The competent authority will not make a decision on adoption unless it is convinced that the adoption will be in the best interests of the child. In each case, the competent authority pays particular attention to the importance that the adoption provides the child with a stable and harmonious home environment (art. 4 of the European Convention on the Adoption of Children).

The subject of judicial activity, in addition to the circumstances specified in Part 1 of the commented article, is also the verification of the grounds for adoption, the compliance of such adoption with the interests of both the candidate for adoptive parents and the person being adopted to ensure stable and harmonious living conditions.

What the court checks before making a decision in Ukraine

Considering the application on the merits, the court in each specific case is obliged to check whether the adoptive parent has a pre-emptive right over others to adopt (Article 213 of the SK):

  • the presence of parental consent for the adoption of a child (if necessary) (Article 217 of the UK);
  • the presence of the child’s consent to adoption (Article 218 of the UK);
  • the presence of the consent of the other spouse, if he is not the adoptive parent of the child (Article 220 of the SK);
  • in cases established by law, the consent of the guardian, trustee, guardianship and guardianship authority, health care institution or educational institution for the adoption of a child (Articles 221, 222 of the UK);
  • compliance with the established requirements of the conclusion of the guardianship and guardianship authority on the advisability of adoption and compliance with the child’s interests (paragraph 1, clause 6 of the resolution of the Plenum of the Supreme Court of Ukraine “On the practice of law enforcement by courts when considering cases of adoption and deprivation and restoration of parental rights”).

Each of these grounds is important, since the meaning of the court’s decision lies in the fact that it is after the entry into legal force that the legal consequences of adoption come. In doing so, as stated in General Comment No. 14 of the Committee on the Rights of the Child, determining which decision will be in the best interests of the child must begin with an assessment of the specific circumstances that make the child unique.

This means that some elements will be taken into account by the court, while others will not, and it also affects how they will be weighed against each other. Applying the principle of the best interests of the child in court decisions means assessing the child’s safety in real time, as well as applying the principles of “caution”, which requires an assessment of possible risks and harm to the child in the future. Studying the safety of a child in this aspect means ensuring her right to protection from any form of physical or mental violence, sexual harassment, intimidation, which degrades her dignity, as well as protection from sexual, economic and other exploitation, drugs, armed conflicts, and the like.

Subject to all of the above conditions of adoption established by law, and provided that the court is convinced that adoption is in the best interests of the child. If a person wishing to adopt a child is able to raise her and provide her with stable and harmonious living conditions, he makes a decision, by which he declares that person the adoptive parent of the child.

Considering the above, one of the main means of realizing the best interests of the child when considering adoption cases is the discretionary powers of the court. Such discretion lies in the fact that the court, when examining and evaluating evidence, establishing legal facts, applying the rule of law to specific legal relations and their subjects, considers possible options for the development of relations between the adoptive parent and the adopted child. Assessment and determination of the best interests of the child is to ensure the full and effective realization of the rights recognized in the Convention and in its Optional Protocol, as well as the integral development of the child, his upbringing in a family environment.

How many children can a person adopt in Ukraine?

Article 13 of the European Convention on the Adoption of Children determines that the number of children who can be adopted by one adoptive parent is not limited by law. A person who has a child or who may have one cannot be prohibited by law from adopting a child on this basis.

Part 3 of the commented article also notes that the court cannot refuse a person to adopt on the grounds that she already has or can give birth to a child.

Adoptions of an adult in Ukraine

In connection with the inclusion in the UK of legal norms on the adoption of an adult, it is necessary to take into account that such a person can be adopted only in exceptional cases, especially if she is an orphan or was deprived of parental care before reaching the age of majority.

Given the exceptional nature of the right to adopt an adult, the courts should establish, when considering cases of this category, in addition to the circumstances specified in part 1 of the commented article, which are of significant importance, additional circumstances, in particular the need for adoption and the impossibility of formalizing another legal connection between the person that they wish adopt, and the person wants to do so (drawing up a will, etc.).

At the same time, an appeal to the court with an application for adoption should not be conditioned by the desire to achieve other legal consequences than the legal registration of kinship (possibly already existing in fact). You should also find out the presence or absence of the adoptive parent of their children. The law does not prohibit the adoption of an adult by a woman who has children of her own, however, this fact must be taken into account, based on the circumstances that determine the possibility of natural children to be heirs (paragraph adoption and deprivation and restoration of parental rights “).

In each specific case, the court, when deciding on the adoption of an adult, may take into account other circumstances.

Family Lawyer for Adoption Court Decisions in Ukraine

To effectively resolve the adoption case by a court decision, 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!

Contacting us is a way to save time and money in resolving the issue of a court decision on adoption.

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 towards success in a court-ordered adoption case is to contact good family lawyers!

If the article “Court Decision on Adoption” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding the court decision on adoption.

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ADVEGO

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