Adoption is arguably the only and best form of arrangement for the fate of orphans and children deprived of parental care. Only parental upbringing and family environment is and will always be the key to the normal social, physical and spiritual development of the child.
At the same time, adoption in Ukraine is an extremely complex legal process that requires perfect knowledge of the law and extensive practical experience.
Law firm “Prikhodko and Partners” is one of the few law firms that specializes in adoption and assigns a particularly important role in this area. The company’s lawyers will quickly and effectively help resolve complex issues that may arise during the legal adoption process and provide professional legal support at all stages.
➤ Detailed analysis of your situation, taking into account the features and potential risks;
➤ Full legal support of the Client at all stages of the process;
➤ Preparation, collection of documents necessary for the adoption of a child, sending relevant letters and requests to government agencies;
➤ Preparation and submission of an application for registration as a candidate for adoption;
➤ Preparation and submission to the Children’s Service of an application for the adoption of a child;
➤ Preparation and submission to the court of an application for adoption;
➤ Representation of the client in court and relevant government agencies;
➤ Communication with state bodies and control over observance of the terms established by the law during all procedure of adoption, submission of complaints and inquiries;
➤ Obtaining a decision on adoption as soon as possible and monitoring its implementation;
➤ Change of surname, name and patronymic of the child after adoption.
Questions arising in the adoption process
≼ WHAT IS ADOPTION? ≽
Adoption is the adoption of a child into one’s family as a daughter or son in the manner prescribed by law. Such a family is no different from a biological family, both legally and ethically. The same rights and responsibilities arise between the adopter and the adoptee as between native children and parents with their relatives.
≼ ADOPTION OR FOSTER FAMILY, WHAT ARE THE DIFFERENCES? ≽
At adoption the child is accepted as native. The child loses the status of an orphan or a child deprived of parental care and acquires real parents. Mutual property, non-property rights and obligations arise between the adopted child and the adoptive parents, and mutual rights and obligations with the biological parents cease. The adopted child can change the last name, first name, patronymic, information about the place and date of birth.
When a child is adopted into a foster family for cohabitation and upbringing, the foster parents do not acquire the rights and responsibilities of the biological parents, and the child does not lose the status of an orphan or a child deprived of parental care. Upon reaching the age of majority, the foster child may leave the foster family.
≼ WHO CAN BE ADOPTED? ≽
According to the legislation of Ukraine, it is possible to adopt children registered as orphans, as children deprived of parental care or as children whose parents have given their consent to adoption.
≼ WHO CAN ADOPT A CHILD? ≽
In order to protect the interests of the child, the legislation of Ukraine imposes a number of restrictions on the adopter. For example, the age of the adopter, his behavior and moral qualities, financial situation, living conditions, lifestyle and health. An able-bodied person who has reached the age of 21 and is 15 years older than the adopted child can become an adoptive parent. If the adopted child is an adult, the adopter must be at least 18 years older.
≼ WHAT IS THE CHILD’S ADOPTION PROCEDURE? ≽
To adopt a child, you need to apply with the application and documents to the service for children at the place of residence and register as candidates for adoption. The Children’s Service checks the documents within 10 days and considers the possibility of the applicants to be adoptive parents, conducts an interview with them, draws up a report on the survey of housing conditions. In case of a positive conclusion, it registers the applicants.
Next, adoptive parents need to be trained on the upbringing of orphans and children deprived of parental care, to receive information about children who can be adopted, to get a referral to the children’s service to get acquainted with him. After getting acquainted with the child, the adoptive parents make decisions on adoption and submit a corresponding application to the children’s service.
The service considers the application and draws up a conclusion on the expediency of the child’s adoption. And only after passing all this procedure, the adopter together with the conclusion of service on affairs of children and with a package of the corresponding documents addresses in court with the claim for adoption of the child. The court considers the case and makes a decision on the basis of which the child is transferred to the family.
≼ WHAT DOCUMENTS ARE NEEDED TO BE REGISTERED FOR AN ADOPTION CANDIDATE? ≽
✔ application for registration as candidates for adoption;
✔ copies of applicants’ passports;
✔ certificate of salary for the last 6 months or a copy of the declaration of income for the previous calendar year, certified by the State Tax Service;
✔ a copy of the marriage certificate (if the applicants are married);
✔ medical report on the state of health;
✔ consent of the other spouse to the adoption of a child (in the case of adoption of a child by one of the spouses);
✔ certificate of presence or absence of a criminal record for each applicant;
✔ copies of documents on the right of ownership or use of living space.