Postponement of mobilization if the child is disabled

Caring for a child with a disability requires special attention, care and understanding. A child with a disability under the age of 18 is a child who has a physical, mental, mental or other health disability and is younger than 18 years old. Disability can manifest itself in different forms and levels of severity, affecting different aspects of a child's life, including physical development, health, learning, communication and other aspects.

A child with a disability may need additional care, medical support, therapy, and other services to ensure their proper development and well-being. If a child with a disability under the age of 18 requires special care, parents often assume responsibility for providing that care, which may affect their ability to participate in military service during mobilization or conscription.

Recently, more and more changes are being made to the legislation related to mobilization. In view of this, the circle of persons who have the right to receive a deferment is changing. Focusing attention on the new changes, it is necessary to emphasize that they concern close relatives of persons with disabilities.

However, the question arises whether there are any changes regarding a child with a disability?

At the moment, there are no changes, which means that the following are not subject to conscription for military service during mobilization:

• women and men;
• guardians;
• guardians;
• adoptive parents;
• parents-caregivers who raise a child with a disability under the age of 18.

That is, even if the child has both able-bodied parents, the father/mother can get a deferment from mobilization. At the same time, the diagnosis according to which the disability is established does not play a role.

What documents must be submitted to the Military Committee to receive a deferment?

The documents that must be provided to the TSC and SP regarding confirmation of the child's disability may be:

• a certificate confirming the appointment of social assistance in accordance with the Law of Ukraine "On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities", which indicates the category "child with disabilities" or a certificate of receipt of state social assistance for children with disabilities;
• an individual rehabilitation program for a child with a disability, issued by the medical and advisory commission of a medical and preventive institution;
• a medical opinion about a child with a disability under the age of 18;
• child's birth certificate.

However, it should be remembered that this reason is only a right to postponement, which a person may not exercise if he wants to become a military serviceman and defend the Motherland.

Before starting the procedure for obtaining a deferment, it is recommended to consult a specialist and collect all the necessary documents. The consultation will allow you to understand what documents need to be collected and prepared, and what is the procedure for obtaining a deferral. Therefore, if you need help with writing an application for postponement, you can seek legal support from military law experts at the Prikhodko&Partners law firm.