Adoption under martial law

Since the outbreak of the war, a large number of people have expressed a desire to take in and help children left without parental care.

In this regard, information is being spread about the introduction of a ‘simplified’ adoption procedure during martial law and the possibility for anyone to adopt a child.

However, this information is not true.

As it was envisaged before the introduction of martial law, adoption takes place in accordance with the procedure stipulated by the Family Code of Ukraine and Resolution of the Cabinet of Ministers of Ukraine No. 905 of 08.10.2008 ‘On the Procedure for Adoption Activities and Supervision of Adopted Children’s Rights’.

Thus, a child left without parental care must be registered for adoption. Children left without parental care due to military operations are not currently registered. Thus, it is legally impossible to start the adoption process.

However, a child who has been left without parental care for any reason may be temporarily placed with a family of relatives, friends or a foster carer. The relevant procedure is provided for by Resolution of the Cabinet of Ministers of Ukraine No. 866 of 24.09.2008 ‘Procedure for the Conduct of Activities Related to the Protection of Children’s Rights by Guardianship and Trusteeship Authorities’ (the ‘Resolution’).

Pursuant to paragraph 31 of the Resolution, the temporary placement of a child left without parental care, including a child separated from his or her family, is carried out within the competence of the Service for Children (the ‘Service’) and the authorised body of the National Police at the place where the child was found.

The basis for the temporary placement of a child in the family of relatives or other persons with whom the child has developed close relationships is an order of the Service on the temporary placement of a child issued on the basis of:

• a person’s application for consent to the temporary placement of a child in his or her family;
• an act of examination of the person’s living conditions;
• the child’s consent (if he/she can express his/her opinion) in the form of a written statement (if the child cannot give written consent, the official receiving the documents draws up an act in the form established by the Ministry of Social Policy on the form and content of such consent);
• written consent of all adult family members living together with the person who gave consent to the temporary placement of the child in his/her family to live in the same living space.

If the place of residence of the person who has given consent to the temporary placement of the child in his/her family is not the place where the child was found, the Service conducts an examination of the living conditions of such a person at the place of residence.

Therefore, if you wish to temporarily take in a child, you should first contact the Service at the place of your residence or stay.

Then, you should submit an application to the Service for consent to the temporary placement of a child with the necessary documents and wait for a response.

In order to temporarily take in a child, you must have Ukrainian citizenship and be physically present in Ukraine.

In addition, the Office of the President of Ukraine, together with UNICEF and the Ministry of Social Policy, has created a Telegram bot ‘A Child is Not Alone’, where you can leave a request for shelter for a child, provide information in case of finding an unaccompanied child and get help if a child is lost.