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Disclaimer: the information on this Web page
is general. Please, contact us if you would like to have
detailed info on legal regulation and specific stages of
adoption procedure in Ukraine.
The
current adoption law states that NO commercial
intermediaries may take part in the process of adoption and
that there will be NO fees except those for court filing,
notarial and translation and similar services. Parents
must travel in person to Ukraine to
identify their child and to attend the court hearing. There
is no legal procedure for adoption by guardianship or by
proxy in Ukraine.
There
is one legal adoption agency in Ukraine:
the government-operated
State Department for Adoption and Protection
of the Rights of the Child in Kiev.
The SDARC is the only organization which may
legally show photos or files of available children and help
you identify a child for adoption.
Please,
take into consideration that we are offering only
TRANSLATION AND GUIDING services to your INDEPENDENT
adoption in Ukraine. According to the provision of the
Resolution on Adoption issued by the Cabinet of Ministers of
Ukraine we act on behalf of couples wishing to adopt as
their representatives
LEGAL INFORMATION - You may find here a brief description of all
legal matters concerning adoption in
Ukraine.
We will
guide you through all of the adoption procedure stages
providing as much care as you may need. We are doing only
2-5 cases per month, so you will have 100% of our attention.
Ok, here is the adoption procedure in a
nutshell:
-
THE CHILDREN
AVAILABLE FOR ADOPTION: Children classified healthy
are available from about 1,3 - 2 years of age. Some younger
children are available classified with serious medical
conditions (from about 6-9 months). Two children may be
adopted in the same court hearing (in the same court
region). but sometimes in second dossier is needed
(contact with us for details). The children should be
siblings.
More boys are available
than girls. According to Ukrainian law adopted children
should keep Ukrainian citizenship until 18 years of
age. The U.S. has recently passed a law which grants
adopted children U.S. citizenship automatically upon
adoption.
-
ELIGIBILITY OF
PARENTS: There is one main criteria for parents -
they should be deemed physically, financially and morally
able to raise the child to adulthood. Your dossier presented
to the National Adoption Center should clearly indicate
that. Single parents and previously divorced may adopt in
Ukraine. There is no upper age limit for adopting parents.
Parents must be 15 years older than the adopted child.
Parents are responsible for registering the child with the
Ukrainian Consulate in the country of residence within one
month after adoption, and for sending yearly updates to the
Ukrainian Consulate.
-
TERMS:
Children must be on the National Registry for one
year before they are eligible to be adopted. This gives
Ukrainian Citizens first rights to adopt them. However, if a
child has a health diagnosis as listed by statue they are
available for international adoption once there paperwork
administratively clears through the AC. I hear this takes
about 2 months. Therefore, there are children available
under one years old. (Update 4 february
2002)
HERE IS THE LIST OF DISEASES
which give the right to adopt sick children without a
waiting period of being on the list of registration in SDARC.
-
PROCEDURE:
Parents must travel to Ukraine personally in order to
identify their child and to attend the court hearing. In
order to identify a child for adoption, the parents must
first have their application and dossier approved by the
SDARC. Our families and partners
from America, which we have helped before, can help you with
the dossier preparation - they will give any info you might
need for that.
UKRAINE
ADOPTION SCHEDULE
Here is a usual schedule for
adoption in Ukraine. Please, take into consideration that the
time frame varies dependent on many factors. The total
adoption process in Ukraine takes approximately 3-4 weeks.
Steps toward the goal:
Arrive Kyiv airport. We
meet you at airport.
Check into a hotel or
apartment. Short orientation tour, city tour.
Visit SDARC with us & meet psychologist. Look at files,
select child to visit
Travel to orphanage city
with one of us
Visit orphanage, select
child (or return to SDARC if you prefer
to visit other children)
Prepare paperwork for court
hearing, set court date
Receive approval papers
(from SDARC and official offices) for court
Court Hearing
Apply for new birth
certificate.
Apply for passport for
child.
Pick up child.
Pick up new passport.
Return to Kyiv with
child.
Translation and apostille
for a new documents of child.
Medical examination for
child/ren.
Visit your home country
Embassy (in some cases must be 10 days after court hearing),
apply for visa for child.
Obtain visa and have a
flight home.
IMPORTANT: in some
regions of Ukraine it is impossible to waive 1 month appeal
waiting period after the court hearing, so you need to wait
this month (and more one week for apostil of documents for a
child) in Ukraine or you can go back to your country and in 40
days turn back to Ukraine to take away your adopted
child\ren
ADOPTION
LEGAL INFO
UKRAINIAN LEGISLATION ON
ADOPTION
NATIONAL ADOPTION CENTER
DATABASE
REGISTRATION WITH ADOPTION
CENTER
MEETING A CHILD
COURT HEARING
OBTAINING A TRAVEL
DOCUMENT
APOSTILES PROCEDURE
APPLYING FOR A VISA
UKRAINIAN
LEGISLATION ON ADOPTION
-
Constitution of Ukraine
-
Family Code of Ukraine
-
Civil Procedure Code of
Ukraine
-
Resolution on Adoption by
the Cabinet of Ministers of Ukraine
-
Law on citizenship of
Ukraine
SDARC
DATABASE
Citizens of foreign countries may adopt only
those Ukrainian children that:
-
Are qualified for
adoption;
-
Have been registered with
the SDARC for one year without any Ukrainian
family coming forward to adopt them or become their
guardians;
-
Suffer from a disease
(according to the list of diseases issued by the Ministry of
Public Health Protection); in this case, one-year waiting
requirement may be waived. (Update 4
february 2002) HERE IS THE LIST OF
DISEASES which give the right to adopt sick
children without a waiting period of being on the list of
registration in the SDARC.
Orphanages are responsible for providing full
and complete information on children available for adoption to
the SDARC database in a timely fashion (within 1
week). The local office of the Ministry of family and youth
youn creates a
file for each child available and qualified for adoption and
prepares an application that contains basic information about
the child and his/her photo. They retain the application at
their office for one month, during which they encourage
Ukrainian families to adopt the child. After being kept at the
district office for one month, the application is forwarded to
the regional office of the Ministry of familyand youth. This office
has one month to find a Ukrainian adoptive family for the
child.
If
the child still has not been adopted by Ukrainian citizens,
his/her application is further forwarded to the SDARC to be input into its database. Once a child's
application reaches the SDARC, the SDARC has twelve
months to find a Ukrainian family for the child. If the legal
status of the child changes, the guardian authority will have
to notify the SDARC of this change within seven
days.
Children who, in accordance with list of
diseases of the Ministry of Public Health Protection, are
determined to be unhealthy are not subject to the
'one-plus-one-plus-twelve month' waiting period and will be
available for international adoptions immediately.
REGISTRATION WITH
SDARC
Prospective parents wishing to adopt a child
from Ukraine must register with the SDARC to begin
adoption proceedings in Ukraine
According to Ukrainian law foreign citizens
wishing to adopt Ukrainian children must submit an application
to the SDARC, requesting to be registered as
prospective adoptive parents and to be permitted to visit
orphanages in order to select, meet and establish contact with
an orphan. (contact with us for details)
The
following documents should be presented along with the
petition, this is so called dossier:
DOCUMENTS REQUIRED FOR
REGISTRATION WITH THE SDARC
-
Home
Study, an affidavit issued by a competent authority
in the adoptive parents country, attesting to their
eligibility, specifying their housing and living conditions,
containing their curriculum vitae, and other information. If
this affidavit is issued by a non-governmental entity (a
private agency or social worker), a copy of the license
authorizing this entity to conduct pre-adoption reviews MUST
be attached.
Entrance and
permanent residence permit for the adopted child,
issued by the competent authority in the adoptive parents
country.
Comment: For American
citizens, the Form I-171H (the INS-BSIC approval form) will
serve in place of this document. On this form, INS indicates
which Embassy or Consulate will process the immigrant visa
for adopted child. Indicate "Kyiv, Ukraine" on the I-171H
form. Please contact the American Citizens Services unit for
more information.
-
Proof of income
(bank statement showing the parents yearly
income).
Comment: It is your employer
indicating your salary.
For American
Embassy in Kiev you may bring either a copy of your most
recent tax return, or your last year's W2 statements, or 2-3
recent pay stubs. Any of these will suffice.
Comment: While you don't need your tax
forms for your Ukrainian dossier, BUT do bring the last two
years tax returns with W-2 forms as you may need to show
them at the embassy in Warsaw to prove your income. W-2 form
or tax returns and a statement from your employer indicating
your salary. To avoid confusion, please do NOT copy blank
pages in your tax returns.
-
Bill of
health issued in the name of each adoptive
parent.
Comment: This should
not be just a general statement that you are healthy, but a
declaration that you are specifically not suffering from any
kind of psychiatric, communicable, internal, skin or
venereal diseases as well as a statement that you are not a
drug addict, and you are free from AIDS and syphilis.
USE the forms that had
loaded from our website only
NOTE: Put numbers of
analyses in lines.
NOTE: Include the copy
of doctor license or make forms on doctor letterhead, should
be notarized and apostil.
-
Copy of the
marriage certificate (if applicants are a married
couple).
-
Copy of the
passport of prospective adoptive
parents.
-
"No criminal
record" statement supplied by a competent authority
in STATE, for each adoptive parent.
Comment: Statement obtained
from STATE police office.
-
Adoptive parents
commitment (letter of obligation), an adopted
child, to have the child registered with Ukrainian Embassy
or Consulate in their home country within one month; to
supply information (at least once a year) about an adopted
childs living conditions and educational process to the
Ukrainian consular office, to arrange for Ukrainian consular
officers to keep in touch with the adopted child, and to
retain the childs Ukrainian citizenship until 18 years of
age.
Comment: It is
important to realize that by signing such statement parents
assume an obligation to comply with the requirement of
Ukrainian law to register an adopted child with the
Ukrainian Embassy or Consulate in the U.S. within 30 days
after arrival to the U.S. Non-compliance with the
registration requirement has been subject of numerous
complaints from the Adoption Center and may have a very
negative impact on international adoptions in Ukraine. Also,
please note that the Adoption Center sends a copy of this
document to the Ministry of Foreign Affairs of Ukraine for
further transmission to the Ukrainian Embassy or Consulates
in the United States to improve their oversight of the
registration process.
9. Deed letter
Please note that ALL 9 documents
from the list must be independent documents, e.g. one cannot
be part of another.
(contact with us
for details about this point)
The documents will remain valid only for
1 (one) year from the date of issuance.
The SDARC must, within 20 days, process the documents
submitted by adoptive parents and enter them into the database
and put in waiting list for appointment (can take 1-12 months)
contact with us for details. The SDARC shows to
parents the files of orphans available for adoption
within age range that they want. The SDARC will then issue a
letter of referral to allow the prospective parents to visit
orphanages and to meet, select and establish contact with the
children. Along with a letter of referral, adoptive parents
will be given their documents, bound, numbered, sealed, and
signed by an official in charge of the SDARC, with a
separate sheet specifying the number of pages and the
prospective parents' registration file code.
MEETING A
CHILD
Once the SDARCr issues permission for
prospective parents to visit orphanages, parents may go there
and meet with a child(ren), check medical records and
establish personal contact with him/her. When a child is
selected for adoption, the SDARC then removes the
child's name from the database of orphans available for
adoption.
COURT
HEARING
The
packet of documents for the adoption case is presented to the
judge after being carefully examined by the SDARC.
As a general rule, the judge's decision is announced and
issued the day of the hearing. However, it does not take
effect for 10 calendar days, within which it can be appealed.
Once
the decision takes effect, the new parents are granted
parental rights and legal responsibility for the child.
It
is important to mention that, in compliance with recent
changes in and amendments to the Family Code of Ukraine, the
power to approve or deny an adoption is solely with an
individual judge. The judge's decision, in turn, will be based
on a review of various documents of each individual adoption
case during the court hearing, where adoptive parents have to
be present. The law states that adoptive parents must attend
the hearing. The SDARC has stated that this
requirement will be strictly enforced following the recent
resolution of the Supreme Court of Ukraine. In cases where one
of the parents cannot be present at the hearing due to a
compelling reason (e.g. major surgery, disability etc.), a
judge may permit one parent to provide a power of attorney to
the other parent.
OBTAINING A TRAVEL
DOCUMENT
RAGS (Ukrainian office of vital records) will
issue a post-adoption certificate of birth for an adopted
child based on the final court decree and the original
(pre-adoption) birth certificate only. Once you obtain the
post-adoption birth certificate, you may apply for a travel
document (passport) for the child at the local VVIR (office of
visas and registrations). You will be required to present the
post-adoption certificate of birth and the final court
decree.
APOSTIL PROCEDURE
According to Ukrainian law all documents issued
in Ukraine that will be used in foreign countries should be
appropriately apostils by the Ministry of Justice. Then
they should be officially translated and presented to the
Embassy of the parents country of origin. The Embassy
officials authenticate new documents of your children.
APPLYING FOR A
VISA
Each Embassy has their own regulation for visa
application for adopted children. Please, be aware that
Parents are responsible for registering the child with the
Ukrainian Consulate in the country of residence within one
month after adoption, and for sending yearly updates to the
Ukrainian Consulate. The child should keep Ukrainian
citizenship until 18 years of age, then he/she may refuse to
have Ukrainian citizenship. Ukraine does not have double
citizenship standard.
HERE IS FULL
DESCRIPTION OF PROCESS
Information from the Web-site of US Embassy in Ukraine
was used during the preparation of this
page
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