Adoption of a child in Ukraine

How is adoption carried out if siblings are registered for possible adoption?

The courts should ascertain the fact that the child who is being adopted has brothers and sisters registered for possible adoption, and if they exist, find out the existence of circumstances of significant importance, which, according to Part 2 of Art. 210 SK allow the court, with the consent of the guardianship and guardianship authority, to decide on the adoption of one of them or their adoption by different persons.

In the absence of appropriate circumstances, the adoption of a child in violation of Part 1 of Art. 210 SK is an obstacle to the adoption of a decision on adoption, and if it is made, it is the basis for its cancellation.

What is the difference between revoking the adoption and invalidating the adoption?

Invalidity of adoption:

  • without the consent of the child and parents, if such consent was necessary;
  • the adopter did not want the onset of the rights and obligations that arise as a result of adoption (fictitious adoption);
  • the adoption was carried out on the basis of forged documents;
  • in the absence of consent to the adoption of the persons specified in Articles 220-222 of the Criminal Code;
  • at the time of adoption, the other spouse had no intention of continuing the marriage.

Cancellation of adoption:

  • it contradicts the interests of the child, does not provide her with family education;
  • the child suffers from dementia, mental or other serious incurable illness, which the adoptive parent did not know and could not have known at the time of adoption;
  • between the adoptive parent and the child, regardless of the will of the adoptive parent, relations have developed that make it impossible for them to live together and the adoptive parent to fulfill his parental responsibilities.

What is the secret of adoption?

The court must explain to the interested parties in the case the provisions of the legislation on maintaining the secrecy of adoption and warn them about the responsibility for disclosing such secrets.

In addition, according to Part 3 of Art. 313 Code of Civil Procedure of Ukraine to ensure the secrecy of adoption in the cases established by the Family Code of Ukraine, the court considers the case in closed court session.

The corresponding court decision is not included in the Unified State Register of Court Decisions.

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