Registration of guardianship over a child in Ukraine: requirements and procedure

If a minor child was deprived of parental care due to the fact that his parents died, were declared dead or missing, then guardianship is established over him.

In Ukraine, this form of family upbringing of children is the most common, since when guardianship is established, full-fledged education and maintenance of a minor child is ensured.

However, how is it possible to arrange custody of a child in Ukraine?

Specialists from the "Prikhodko and Partners" law office talk about this legal aspect.

The procedure for registration of guardianship over a child in Ukraine

1. Application submission. In order to start the process of establishing guardianship over a child, you must first of all contact the territorial guardianship and care authorities with an appropriate written application. It should be noted that individuals expressed a desire to become guardians of a minor child.
2. Collection of necessary documents. The following package of documents must be submitted together with the application:

• a copy of documents that properly identify the person (for example, a passport of a citizen of Ukraine, an ID card, a foreign passport, etc.);
• copy of RNOCPP;
• marriage certificate (if available);
• a document confirming the applicant's income (for example, a certificate of income for the last 6 months);
• certificate of ownership of residential premises or any other immovable property;
• a medical opinion from a health care institution confirming the absence of defects in the applicant's health;
• a document on the absence of criminal records (for example, a certificate from the Ministry of Internal Affairs);
• a certificate of completion of appropriate training courses for raising minor children who have been deprived of parental care and need to establish guardianship over themselves (if the applicants are close relatives or other family members of a minor child, they have the right to take these courses at their own request);
• a medical certificate from a psychiatrist and narcologist (must be submitted for future guardians living with other family members);
• a written application for consent to permanent guardianship of a minor child (must be submitted for future guardians who live together with other adult members of their family).

As a rule, the submitted package of documents is considered within 5 working days.

3. Checking living conditions. This stage is carried out with the aim of identifying the appropriate living conditions for the full maintenance and education of the child. The inspection is carried out by the territorial guardianship and guardianship body, and upon its completion, draws up a corresponding act of inspection of housing conditions. In it, he indicates all the identified shortcomings and positive qualities of the residential premises in which the applicants who wish to establish custody of a minor child live.
4. Drawing up a conclusion. The territorial body of guardianship and guardianship draws up a conclusion on the possibility of establishing guardianship over a minor child. In it, he also substantiates the need to establish guardianship.
5. Registration of guardianship. After successful completion of all previous stages and if there are legal grounds for establishing guardianship over a minor child, the territorial body of guardianship and guardianship makes a positive decision on the appointment as guardians of the relevant citizens who have expressed a desire to issue guardianship.

Requirements for citizens who wish to issue custody of a child in Ukraine

In order for a person to become the official guardian of a minor child, he or she must meet certain criteria established by current Ukrainian legislation, namely:

• have full civil capacity;
• reach adulthood (18 years old);
• not previously deprived of parental rights by decision of judicial authorities;
• not be registered in a drug addiction or psychoneurological institution, because the person has relevant health problems (for example, various types of addictions);
• not be criminally liable for committing a serious crime, the main punishment of which is imprisonment for no more than 10 years or the application of fines in the amount of no more than 25,000 thousand NMDH;
• not have different interests with a minor child over whom it is planned to establish guardianship.

In addition, if a person was previously appointed guardian of a minor child and this guardianship was terminated due to his fault, he does not have the right to issue any type of guardianship over the child again.

Pay attention! If several citizens want to establish guardianship over a minor child at once, then in this case preference in choosing a guardian is given to persons who are close relatives of the child or persons who live together with the child.

Do you want to take care of a minor child in Ukraine?

Under such circumstances, it is worth it, to be certain to contact specialists from the Prikhodko and Partners law firm.

Our company employs only qualified lawyers who are well versed in all legal issues related to Ukrainian family law, as they have many years of practical experience in this field.

In addition, we ensure the provision of a full range of legal services until the desired result is obtained by the clients of the office. To receive a price calculation for the services of a family lawyer, fill out the application form below.