✅ Adoption of a child

Adoption of a child

Adopting a child in Ukraine

Our family lawyers are often asked the following questions: How to adopt a child? Cancellation of adoption? How much is paid for the adoption of a child in Ukraine?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “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.

Persons eligible for adoption in Ukraine

Persons who can be adoptive parents:

  1. The child’s adoptive parent may be a capable person who is at least twenty-one years of age, except when the adoptive parent is a relative of the child.
  2. An adoptive parent may be a person older than the child he / she wishes to adopt by at least fifteen years.
  3. In the case of the adoption of an adult, the age difference cannot be less than eighteen years.
  4. Spouses, as well as persons specified in parts five and six of Article 211, can be adoptive parents.
  5. Persons of the same sex cannot be adoptive parents.
  6. Individuals who are not married to each other cannot adopt the same child. If such persons live in one family, the court may order a decision on their adoption of the child.
  7. If the child has only a mother, he cannot be adopted by a man with whom the mother is not married.
  8. If the child has only a father, he cannot be adopted by a woman with whom his father is not married. If such persons live in one family, the court may decide on their adoption of the child.
  9. If the child has only a mother or only a father, who in connection with the adoption lose their legal connection with him, the adoptive parent of the child can be one man or one woman.
  10. The number of children that one adoptive parent can adopt is not limited.
  11. An adoptive parent may be a person with legal capacity. According to Part 1 of Art. 30 of the Civil Code, the civil legal capacity of an individual is his ability to acquire civil rights for himself and independently exercise them, as well as his ability to create civil obligations for himself, independently fulfill them and bear responsibility in case of their failure.

An individual who is aware of the significance of his actions and is able to direct them has civil legal capacity. An individual who has reached the age of eighteen (majority) has full civil legal capacity (part 1 of article 34 of the Civil Code).

Requirements for adoptive parents in Ukraine

Providing minors under the rules of Art. 35 of the Civil Code of full civil legal capacity, registration of the marriage of an individual who has not reached the age of majority, the birth of a child by minors – does not give such persons the right to be adoptive parents.

In accordance with Art. 9 of the European Convention on the Adoption of Children, a child may be adopted only if the adoptive parent has reached the legal minimum age for this purpose. This minimum age cannot be less than 18 years old and more than 30 years old.

Defining the age of majority as a general age characteristic for cases where the adoptive parent is a relative of the child, the UK establishes a special age limit for persons who can be adoptive parents – not younger than twenty-one years.

Adults who have been recognized by the court as having limited legal capacity on the basis of Art. 36 of the Civil Code, and incapacitated on the basis of Art. 39 GK.

Citizenship of Ukraine is not a mandatory positive condition for adoption, that is, both a citizen of Ukraine and a foreign citizen can be an adoptive parent.

True, the presence of Ukrainian citizenship in accordance with Part 1 of Art. 213 SK grants the citizens of Ukraine the preemptive right to adoption – if there are several persons wishing to adopt the same child, the citizen of Ukraine has the preemptive right to adopt him.

An important condition for adoption is the age difference between the adoptive parent and the person being adopted. Thus, an adoptive parent can be a person who is at least fifteen years older than the child. In the case of the adoption of an adult – for at least eighteen years.

The establishment of this rule is due to the fact that the legislator is trying to bring the relationship of adoption closer to the biological relationship in the family.

An exception in Ukraine

In accordance with Art. 9 of the European Convention on the Adoption of Children between the adoptive parent and the child there must be an appropriate age difference, taking into account the interests of the child, it is desirable that the difference is at least 16 years.

However, in the best interest of the child, the law may allow derogation from the minimum age requirement or age difference:

  • when the adoptive parent is the second of the spouses or the registered partner of the father or mother of the child;
  • due to exceptional circumstances.

Both single persons and spouses can be adoptive parents.

However, according to Part 2 of Art. 213 SK the preferential right to adopt a child belongs to the spouses.

Such a rule was established precisely for the implementation of the priority of family education of a child deprived of parental care.

It should be noted that the possibility of further dissolution of marriage, its invalidation does not entail any legal consequences for adoption.

The law does not permit the adoption of a child by two persons of the same sex.

In this context, it should be noted that Part 2 of Art. 7 of the European Convention on the Adoption of Children allows adoption by same-sex couples who are married or in a registered partnership.

However, this provision applies only to those states whose domestic legislation provides for the possibility of concluding same-sex marriages and the adoption of children by such spouses.

The Convention does not oblige states parties to change the provision of domestic legislation and introduce the institution of marriage or registered partnership of same-sex couples.

In Ukraine, marriage is a family union of a woman and a man, registered with the state registration authority.

Adopters can be spouses, that is, a man and a woman who are married, as well as, in certain cases, persons who are not married, but who live in one family, and the court ruled on their adoption of a child.

In addition, the legislation of Ukraine contains a direct prohibition on the adoption of a child in Ukraine by persons of the same sex (Article 211 of the SK).

That is, the norms of the European Convention on the Adoption of Children in no way affect the concept of marriage as a union of a man and a woman, enshrined at the legislative level in Ukraine, as well as the possibility of adopting a child only by opposite-sex couples.

Two people of different sexes who are not married to each other cannot adopt the same child. This position of the legislator is primarily due to the fact that living in the same family of a woman and a man without marriage is not a basis for the emergence of their rights and obligations as spouses (part 2 of article 21 of the UK).

At the same time, if such persons live in one family, the court may decide on their adoption of the child.

In this case, a woman and a man who live in one family must, in a special procedure, establish the fact that a man and a woman live in one family without marriage (paragraph 5 of part 1 of article 315 of the Code of Civil Procedure).

In the event of the application of such a rule in adoption, the task is to establish the following facts: the duration of the existence of the fact of cohabitation, joint household management, the absence of a registered marriage for any of the persons between whom the actual marriage relationship is established, the reason for the impossibility of registering an official marriage.

The norms of part 5 of Art. 211 SK are of a clarifying, explanatory nature in cases where one of the blood (natural) parents retains his mother / father status, but there is a person who wants to adopt a child.

If the child has a mother, and the father died or was deprived of parental rights, or gave consent to the adoption of the child, or adoption in accordance with Art. 219 SK can be carried out without his consent, the adoptive parent can be someone who, in accordance with Part 1 of Art. 21 SK is the husband of the mother.

Conversely, if the child has a natural father, and the mother has died or was deprived of parental rights, or has given consent to the adoption of the child, or adoption in accordance with Art. 219 CK is carried out without his consent, the father’s wife can be the adoptive parent.

If such persons live in the same family, the court may order a decision on their adoption of the child, if such adoption would be in the interests of the child.

The law does not exclude the possibility of the adoption of a child by one man or one woman if the child has only a mother or only a father (the other parent is unknown, died), who lose their legal connection with him in connection with the adoption.

Are there any restrictions on the number of children for adoption in Ukraine?

Part 1 of Art. 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.

The UK does not establish any restrictions on the number of children that one adoptive parent can adopt, and on the number of children that married adoptive parents can adopt.

  • The adoption of a child is carried out with the free consent of his parents.
  • Parents’ consent to the adoption of a child must be unconditional.
  • An agreement on the provision by the adoptive parent of payment for consent to the adoption of a child to parents, guardians or other persons with whom she lives is void.
  • The parents’ consent to adoption can be given by them only after the child reaches two months of age.
  • If the mother or father of the child is minors, in addition to their consent to adoption, the consent of their parents is required.
  • The written consent of the parents for adoption is certified by a notary.
  • The mother and father of the child have the right to revoke their consent to the adoption before the entry into force of the court decision on the adoption.

In accordance with paragraph “a” of Part 1 of Art. 5 of the European Convention on the Adoption of Children, the laws of the member states should provide for the mandatory acquisition of consent for the adoption of the mother and father (in the absence of both father and mother, the consent of any person or institution that is authorized to provide such consent in their place).

However, for the purposes of this Convention, “father” and “mother” mean the persons who, in accordance with the law, are the parents of the child.

Consent to the adoption of a child must be obtained from both parents, regardless of whether they live with the child or separately.

The consent of both parents is also required when the parents do not live together.

In this case, in the latter case, it does not matter whether the marriage concluded between the parents is preserved or whether it is dissolved, or invalidated, since, as a general rule, Part 2 of Art. 141 CK the dissolution of marriage between the parents, their living separately from the child does not affect the scope of their rights and does not relieve them of their obligations regarding the child.

Ensuring equality of rights between mothers and fathers, as one of the modern legal standards in the field of human rights, provides for obtaining consent for the adoption of a child from both parents even if the child’s parents are not in a marriage relationship, and paternity is established in accordance with the procedure provided for in Articles 126-128 SK, or motherhood is recognized by a court decision (Art. 131 SK).

At the same time, the father’s consent to the adoption of a child born to an unmarried mother is not necessary if the entry about the child’s father in the Birth Registration Book is made by the mother’s surname, and the name and patronymic are recorded at her direction (clause 8 of the Resolution of the Plenum of the Supreme Courts of Ukraine “on the practice of the courts’ application of legislation when considering cases of adoption and deprivation and restoration of parental rights”).

For the adoption of a child born by the mother, only the consent of that woman is required.

In this context, clause 6 of the Order of 08.10.2008 No. 905 provides that in the case when the child was raised by a single mother, a certificate from the registration authority is attached to the documents, in the presence of which the child is taken on the local registration of children who can be adopted acts of civil status by recording information about the father of the child.

If the mother is a minor, her consent to the adoption of the child has no legal effect.

In this case, consent to adoption must also be expressed by the parents of the minor (part 4 of article 217 of the UK).

Such a requirement of the law is dictated by the need for additional protection of the interests of underage parents who may commit an act, the consequences of which they may regret in the future.

Parents’ consent to the adoption of a child must be free.

Free consent should be understood as the parents’ full awareness of the meaning of their actions and the ability to control them.

Consent given in a state of alcoholic, drug or toxic intoxication cannot be considered free.

Consent to adoption is not considered free even when it is obtained under the pressure of physical or mental violence.

Consent will not be considered free if it has not been personally expressed. The law does not provide for the possibility of expressing consent to adoption through a representative or another spouse, as provided for in Part 2 of Art. 65 SK.

In the case of an adoption without parental consent, the law establishes the possibility of recognizing such an adoption invalid by a court decision (part 1 of article 236 of the UK).

Parents’ consent to the adoption of a child must be unconditional.

Parents, giving written consent to adoption, cannot specify any conditions on the occurrence or non-occurrence of which the adoption of their child depends.

For example, parental consent for adoption of the type: “I give my consent to the adoption of a child if …” – cannot be recognized as unconditional.

Consent to adoption should be free of charge.

This means that parents, when giving consent to adoption, should not pursue the goal of receiving remuneration in the form of a certain amount of money or transferring property (residential building, apartment, land plot, car, etc.).

Part 2 of Art. 217 The UK notes that the agreement on the provision by the adoptive parent of payment for consent to the adoption of the child to the parents is null and void.

In addition, these actions from the position of Art. 149 of the Criminal Code can be considered as human trafficking. Moreover, by virtue of Art. 35 of the UN Convention on the Rights of the Child, States parties must take all necessary measures at the national, bilateral and multilateral levels to prevent the abduction of children, the sale of children or their smuggling for any purpose and in any form.

According to Part 5 of Art. 5 of the European Convention on the Adoption of Children, a mother’s consent to the adoption of her child is valid when she is given at the time prescribed by law after the birth of the child, but not less than six weeks, or, if no such time has been established, at such a time as in the opinion of the competent authority, gives it the opportunity to sufficiently recover from the consequences associated with the birth of a child.

Therefore, Art. 217 of the UK stipulates that parents can consent to adoption only after the child reaches two months of age. And although parental rights and responsibilities arise from the moment a child is born, this provision gives young parents “time for reflection” in their readiness to abandon their biological child.

If it is established that consent to adoption was obtained immediately after childbirth, that is, during a period mentally difficult for the mother, this circumstance may be one of the grounds for the requirement to declare the adoption invalid in the context of Part 1 of Art. 236 SK.

Underage parents have the same rights and obligations in relation to the child, as do adult parents, and can exercise them independently (part 1 of article 156 of the SK).

At the same time, by virtue of Art. 16 SK, if the mother, father of the child are minors, the grandmother, grandfather of the child on the part of the parent, who is a minor, are obliged to assist him in the exercise of parental rights and the fulfillment of parental responsibilities.

Equating the legal status of minor parents to the legal status of adult parents, giving minor parents consent to the adoption of a child, the legislator, taking into account the age, physiological and psychological state of biological parents (single mother) and the provisions of Art. 16 SK also requires consent for adoption by the grandmother, grandfather of the child (provided that the minor parents are not orphans).

The purpose of such a legislative position can be explained as much by the desire to help young parents make the right decision regarding the future fate of their child, as by the desire to preserve the family-legal ties of the grandparents with their grandchildren.

In this context, it should be noted that the UK does not legally define the form of such consent. If the grandfather, grandmother are present at the time of certification of consent for adoption by the mother, father of the child, their written consent is sufficient. If such presence is not possible, consent to the adoption of the granddaughter, the granddaughter had to be certified by a notary.

In clause 6 of the Order of 08.10.2008 No. 905, it is indicated that for the registration of children who can be adopted locally, a minor mother or father of a child, in addition to written consent for adoption, must add the written consent of their parents, certified by a notary …

Part 2 of Art. 5 of the European Convention on the Adoption of Children provides that consent to adoption must be given freely in the prescribed legal form and expressed or attested in writing.

By its content, parental consent can be expressed in one of two ways:

  • as consent to the adoption of a child by a specific person (indicating the last name, first name and patronymic of such a person) or persons;
  • as a general (blanket) consent to adoption by any person without specifying the person of a specific adoptive parent.

According to the form, parental consent for adoption must be written and notarized.

In accordance with Art. 34 of the Law of Ukraine “On Notaries” in the range of notarial actions performed by notaries, certification of the authenticity of signatures on documents is included.

On such a document as the consent of the father, mother to the adoption of a child, the notary certifies the authenticity of the parents’ signature.

At the same time, the consent of the parents for the adoption of a child cannot be considered, in particular, certified in accordance with the provisions of Art. 34 of the Law of Ukraine “On Notaries” written statements or any other evidence of the parents or one of them about the abandonment of the child in the maternity hospital, another health care institution (or about the refusal to take her away).

Registration of a child regarding the possibility of adoption in Ukraine

A child, whose parents have given their consent to adoption, is taken on the local registration of children who can be adopted, with the written consent of the parents for the adoption of the child, certified by a notary.

To register a child, documents from both parents are required (paragraphs 5-6 of the Order dated 08.10.2008, No. 905).

In accordance with the requirements of clause 4 h. Art. 312 of the Code of Civil Procedure to the conclusion about the advisability of adoption and compliance with the interests of the child, the guardianship and guardianship body must submit to the court the consent of the parents for the adoption of the child.

When considering an adoption case, the court is obliged to check whether the parental consent to the adoption of their child is present in the case file.

According to the rules enshrined in Part 1 of Art. 313 of the Code of Civil Procedure, the court has the right to summon the parents of the adopted child to the court, if it deems it necessary to interrogate them.

In the practice of the European Court of Human Rights there is already an example of considering an application by the parents of a child who was adopted without their consent.

In McMichael v. The United Kingdom of 24.02.1995, the applicants complained that they were not heard by the Children’s Committee of Scotland and that they did not have access to confidential records and other documents on the adoption.

The court in this case noted that the right to a fair trial and general trial provides for the parties the opportunity to familiarize themselves with the comments or documents emanating from the other party, as well as the opportunity to discuss them.

The consent of the parents to adoption in itself does not have the meaning of a law-forming fact, therefore, without specifying the reasons, at any time before the entry into force of the court decision on adoption, the parents have the right to withdraw their consent, in whatever form this consent was given (part 6 of article 217 SK).

At the same time, the parents of the child have the opportunity to revoke their consent to adoption after the adoption of the decision on adoption, but before its entry into force. In this case, the court cancels its decision and resumes the consideration of the case (part 1 of article 314 of the Code of Civil Procedure).

For the adoption of a child, his consent is required if he has reached such an age and level of development that he can express it.

The child’s consent to adoption is given in a form appropriate for his age and state of health.

The child must be informed about the legal consequences of adoption.

Adoption is carried out without the consent of the child, if due to age or state of health he is not aware of the fact of adoption.

The child’s consent to adoption is not required if he lives with the adoptive parents and considers them his parents.

In accordance with national and international legal norms of the rights of the child, the right to take into account his opinion on issues that concern his life belongs.

In particular, in accordance with the provisions of Part 1 of Art. 12 of the UN Convention on the Rights of the Child, States parties shall ensure that a child who is able to formulate his own views has the right to freely express those views in all matters concerning the child, and the views of the child are given due weight in accordance with age and maturity. h. 1 tbsp. 12 of the UN Convention on the Rights of the Child, States parties shall ensure that a child capable of formulating his own views has the right to freely express those views in all matters pertaining to the child, and the views of the child are given due weight in accordance with age and maturity.

To this end, the child, in particular, shall be given the opportunity to be heard in any judicial or administrative proceedings affecting the interests of the child, directly or through a representative or an appropriate body, in the manner prescribed by the procedural rules of national law.

Contents of Art. 12 of the UN Convention on the Rights of the Child is fully reflected in Part 2 of Art. 14 of the Law of Ukraine “On Child Protection” and in Art. 171 SK.

According to Part 2 of Art. 143 of the Law of Ukraine “On the Protection of Childhood” during the commission of actions related to the divorce of a child from one or both parents, as well as other actions concerning the child, in the manner prescribed by law, the court hears the opinion and wishes of the child.

Article 171 of the UK enshrines the child’s right to be heard by parents, other family members, officials in matters that concern him personally, as well as family matters.

A child who can express his opinion must be heard when resolving between parents and other persons of the dispute regarding his upbringing, place of residence, including when resolving a dispute on deprivation of parental rights, restoration of parental rights, as well as a dispute regarding the management of his property.

In this case, the court has the right to make a decision contrary to the opinion of the child, if his interests require it (part 3 of article 171 of the SK).

In this context, it should be noted that in the norms enshrined in Art. 14 of the Law of Ukraine “On Child Protection”, and in Art. 171 of the SK, the law focuses on the expression of the child’s opinion, his reasoning regarding this or that fact regarding his life, is not obligatory for the court to make an appropriate decision.

When a child’s opinion about adoption is not considered in Ukraine

In the case of adoption, it is said about the child’s conscious attitude to the fact of his adoption, when the child has formed an appropriate opinion about the candidate for adoptive parents, his attitude towards her, their future relationship.

And if at the time of adoption of a child he has reached a more or less general age category when children can adequately analyze their actions, without his written consent to adoption, the court is not entitled to consider the case.

Until the child reaches this age, the court will be obliged in accordance with Art. 12 of the UN Convention on the Rights of the Child to listen to his arguments, but when making a decision, the court will first of all be guided not by the opinion of the child, but by his interests.

Part 1 of Art. 5 of the European Convention on the Adoption of Children establishes the provision on the impossibility of making a decision on adoption if the child has not given his consent to this, and in accordance with the law he is considered to have a sufficient level of understanding.

A child is considered to have a sufficient level of understanding, upon reaching the age, which is determined by law and which must not exceed 14 years.

The UK does not establish a minimum age with the onset of which it associates the onset of a child’s maturity when his opinion has legal significance, nor does it establish a specific form of expression of such consent of the child.

True, in par. 2 p. 72 of the Order of 08.10.2008, No. 905, it is determined that the child’s consent to adoption is provided in writing or orally, depending on the age and state of health.

To find out whether the child agrees to adoption, a representative of the children’s affairs service, in the presence of a representative of the children’s or other institution where the child lives (is), foster parents, parent-educators, guardians, trustees, conducts a conversation with the child.

If the child is aware of the fact of adoption, the child services representative explains to the child its legal consequences.

The written consent of the child for adoption is certified by a representative of the children’s affairs service with an indication of the person in whose presence it was provided, which is confirmed by the signature of such a person.

The provision by the child of oral consent to adoption is noted in the conclusion on the advisability of adoption and compliance with the child’s interests.

In this case, the surname, first name, patronymic of the representative of the children’s affairs service who conducted the conversation with the child, and the representative of the child care institution or adoptive parents, parent-educators, guardians, trustees, in whose presence the child agreed to adoption, shall be indicated.

In accordance with the requirements of paragraph 4 of part 3 of Art. 312 of the Code of Civil Procedure, together with the conclusion on the advisability of adoption and the compliance with the child’s interests, the child’s consent to adoption is submitted to the court by the guardianship and guardianship authority.

When deciding the application on the merits, the court, in turn, is obliged to check the existence of the grounds for adoption provided for by law, in particular the requirements of parts 1-3 of Art. 218 of the Investigative Committee on the presence of the child’s consent (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”).

From the analysis of the materials of judicial practice, it follows that if the child’s written consent to adoption is not properly formalized, the court may summon the child to a court hearing to ascertain her opinion on adoption, subject to Art. 218 SK.

Considering the above, the judge, in accordance with Part 1 of Art. 313 Code of Civil Procedure can directly find out the opinion of the adopted child on his adoption by involving the child in the case.

Part 1 of Art. 45 of the Code of Civil Procedure, regulates the protection of the rights of minors or minors when considering a case, endows the child with a procedural right directly or through a representative (legal representative) to express his opinion and receive his assistance in expressing such an opinion.

The presence or absence of the child’s consent to adoption is an essential circumstance that the court must take into account.

The absence of the child’s consent to adoption should be considered by the court as a serious obstacle to his adoption, since, for one reason or another, the child does not strive to form family relations with the adoptive parents.

In the absence of the child’s consent to adoption, the court cannot make a decision contrary to the child’s opinion (Practice of court consideration of cases related to deprivation of parental rights, restoration of parental rights, adoption, establishment of custody and guardianship of children: summary of the Supreme Court of Ukraine dated 11.12. https://zakon.rada.gov.ua/laws/show/n0020700-08#Text)

As seen from the above, the law gives decisive importance to the will of the child in his adoption.

In this case, the consent must be provided by the child not for adoption as one of the forms of his arrangement, but for the adoption of the child by a specific person.

Finding out the child’s consent to adoption cannot be formal.

The child’s opinion about his adoption must certify the actual desire of the person being adopted to be brought up in a particular family.

It should be noted that the opinion of the child in most cases depends on her awareness (understanding) of the legal consequences of adoption.

That is why Part 2 of Art. 218 of the UK establishes that the child must be informed about the legal consequences of adoption, except in cases where he has the right to a secret, including from himself, of the fact of his adoption.

According to Part 2 of Art. 5 of the European Convention on the Adoption of Children, persons whose consent to adoption is required should be provided with the advice that may be required and duly notified of the consequences of their consent, in particular, the adoption of a child will lead to the termination of the legal relationship between the child and his family of origin.

Taking into account the above, the provision of personal consent by the child to adoption means that he really, taking into account all the consequences of adoption, has considered his position. The lack of consent of the child to adoption should be considered by the court as a serious obstacle to adoption.

The child’s consent to adoption is not required in all cases.

Part 3 of Art. 5 of the European Convention on the Adoption of Children establishes the possibility not to require the consent of a child for adoption if such a child suffers from disorders that prevent the expression of true consent.

At the same time, article 6 of the European Convention on the Adoption of Children notes the need to consult with the child even in cases where the child’s consent in accordance with paragraphs 1 and 3 of Art. 5 is not necessary.

The child is consulted as much as possible and his thoughts and desires are taken into account, taking into account his level of development. Such counseling is not required if it is clearly against the best interests of the child.

When a child’s opinion about adoption is not considered in Ukraine

By virtue of Part 3 of Art. 218 SK, if a child due to age or health condition does not realize the fact of adoption, the latter is made without his consent.

With regard to age, this refers to a minor who, due to his mental abilities, cannot express his consent to adoption.

The child may not be aware of the fact of adoption and for health reasons. For example, a child is deaf and dumb, or lags behind in mental development.

In par. 2 p. 72 of the Order of 08.10.2008, No. 905, the normatively duplicated the possibility of adopting without the consent of the child, if he is not aware of the fact of adoption due to age or state of health.

The implementation of adoption without the child’s consent is noted in the conclusion on the advisability of adoption and compliance with the child’s interests. At the same time, the reasons are given why the adoption is carried out without the consent of the child.

The child’s consent to adoption is not required if he lives with the adoptive parents and considers them to be his parents.

This provision of the law has a socio-psychological significance, which manifests itself in the desire to avoid complications in the child’s relationship with those persons who not only live with him and take care of him, but whom he considers his biological parents from an early age.

In cases where a child lives in a family of adoptive parents and there is no consanguinity between him and persons who fulfill parental rights and obligations in relation to him, the child’s consent to adoption is presumed in order to keep the fact of adoption secret from the child and taking into account his higher interests.

Family Adoption Lawyer in Ukraine

For an effective decision on the adoption of a child, you should contact professional family lawyers.

Children’s 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 adopting 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 solving a child adoption case is to contact good family lawyers!

If the article “Adoption of a Child” 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 adoption of a child.

Frequently asked questions to a lawyer in Ukraine

What conditions exist regarding the age of the adoptive parent of a minor child?
How much should be the difference in age between the adoptive parent and the adopted adult child?
How many children can one person adopt?

Useful site materials advokat-skriabin.com:

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  2. Establishing paternity
  3. Contesting paternity
  4. Removing a young child
  5. Dispute over paternity
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Checked by Victoria on 23.06.21

ADVEGO

child 219 4.94
adoption 175 3.95
consent 110 2.48
adoption of a child 88 1.99 / 3.97
article 65 1.47
parent 64 1.45
it 51 1.15
adoption consent 45 1.02 / 2.03
may 37 0.84
adoptive parent 35 0.79
child’s consent to adoption 32 0.72 / 2.17
one 31 0.70
court 31 0.70
case 27 0.61
child’s consent 26 0.59 / 1.17
solution 23 0.52
age 22 0.50
father 22 0.50
law 21 0.47
right 21 0.47
marriage 20 0.45
compliance 20 0.45
be 20 0.45
Ukraine 19 0.43
convention 18 0.41
opinion 18 0.41
parental consent 18 0.41 / 0.81
adopt 17 0.38

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SKRIABIN
What conditions exist regarding the age of the adoptive parent of a minor child?
The adoptive parent of a child may be a capable person who is at least twenty-one years of age, except when the adoptive parent is a relative of the child.
An adoptive parent may be a person older than the child he / she wishes to adopt by at least fifteen years.
How much should be the difference in age between the adoptive parent and the adopted adult child?
In case of adoption of an adult, the age difference cannot be less than eighteen years.
How many children can one person adopt?
The number of children that one adoptive parent can adopt is not limited.