Erik did get the last laugh with the Director when he pulled out the Ukraine Family Code Book and told all the ladies that made the Director change her mind on the appeal (the local Inspector, the three Regional Directors, and the two local prosecutors) that "(he) apprecated the wisdom of the laws of the this country." The Director was about to croak when she saw the book! They laughed too, well all but the Director!
The chapter in the regulation book for Adoption issues is 18 but the article that sites the Best interest of the Children is 218.
Erik and Heidi
Ukranian Adoption Law Translation follows:
Chapter 18
Adoption
Article 207. the definition of adoption
1. Adoption is acceptance of a person by the adoptive parent to his/her family on rights of a daughter or a son, which is made on the ground of court decision, except in case, specified in article 282 of this Code.
2. Adoption of a child is made in his/her best interests for ensuring stable and harmonious life conditions.
Article 208. Person who can be adopted
1. A child can be adopted (article 6 of this code)
2. In exceptional cases a court can make a decision about adoption of an adult person, who doesn’t have mother, father or was deprived of their care. In such case the court takes into consideration family status of the adoptive parent, particularly absence of children, and other circumstances that are of considerable importance.
Article 209. Adoption of a child, who hasn’t been taken from maternity hospital, or was abandoned, or found.
1. A child, who hasn’t been taken from maternity hospital or another medical institution, or whose parents or other relatives refused to pick him/her up, may be adopted after attaining of 2 months of age.
2. A child who was abandoned or found may be adopted after 2 months from the time he/she was found.
Article 207. the definition of adoption
1. Adoption is acceptance of a person by the adoptive parent to his/her family on rights of a daughter or a son, which is made on the ground of court decision, except in case, specified in article 282 of this Code.
2. Adoption of a child is made in his/her best interests for ensuring stable and harmonious life conditions.
Article 208. Person who can be adopted
1. A child can be adopted (article 6 of this code)
2. In exceptional cases a court can make a decision about adoption of an adult person, who doesn’t have mother, father or was deprived of their care. In such case the court takes into consideration family status of the adoptive parent, particularly absence of children, and other circumstances that are of considerable importance.
Article 209. Adoption of a child, who hasn’t been taken from maternity hospital, or was abandoned, or found.
1. A child, who hasn’t been taken from maternity hospital or another medical institution, or whose parents or other relatives refused to pick him/her up, may be adopted after attaining of 2 months of age.
2. A child who was abandoned or found may be adopted after 2 months from the time he/she was found.
Article 210. Adoption of siblings.
1. If brothers and sisters are registered for possible adoption, they cannot be separated in their adoption.
If there are circumstances of considerable significance, the court with agreement of the body of guardianship and care can decree the decision about adoption of someone of them or about adoption by different persons.
2. If adoption of a child is not secret, brother and sister have the right to know his/her new place of residence.
Article 211. The persons who can be adoptive parents.
1. The adoptive parent must be at least 21 years old, except when he/she is a relative to the child.
2. The adoptive parent must be at least 15 years older than the child he/she wishes to adopt. The difference in age between the adoptive parent and the child cannot be greater than 45 years.
In case of adoption of an adult the difference in age mustn’t be less than 18 years.
3. A married couple may become adoptive parents, as well as the persons specified in parts 5 and 6 of this article. The adoptive parents may not be the persons of the same sex.
4. The persons who are not married to one another may not adopt the same child. If such persons live together like a family, court may decree the decision of adoption by them.
5. If a child has only mother, he/she may not be adopted by a man, who is not married to his/her mother. If a child has only father, he/she may not be adopted by a woman, who is not married to his/her father. If such persons live together like a family, court may decree the decision of adoption by them.
6. If a child has only father or only mother, who in connection with adoption lose legal connection with the child, just one man or one woman may become the adoptive parent of the child.
7. The number of children who may be adopted by one adoptive parent is not restricted.
Article 212. Persons who may not be the adoptive parents
1. The following persons may not be the adoptive parents:
1) with limited legal capacity
2) declared incapable
3) deprived of parent rights, if these rights have not been renewed
4) those who have been the adoptive parents of another child, but the adoption was annulled or declared not valid through their fault.
5) registered under care of being treated by psychoneurological or narcological dispensary
6) those who misuse alcohol or drugs
7) those who don’t have permanent residence or constant earnings (fixed income)
8) sick with diseases, the list of which is stated by Ministry of health protection of Ukraine
9) foreigners who are not married, except cases, when the foreigner is a relative to the child.
2. Apart from the persons, specified in part 1 of this article, persons, whose interests contradict interests of the child may not be the adoptive parents.
1. If brothers and sisters are registered for possible adoption, they cannot be separated in their adoption.
If there are circumstances of considerable significance, the court with agreement of the body of guardianship and care can decree the decision about adoption of someone of them or about adoption by different persons.
2. If adoption of a child is not secret, brother and sister have the right to know his/her new place of residence.
Article 211. The persons who can be adoptive parents.
1. The adoptive parent must be at least 21 years old, except when he/she is a relative to the child.
2. The adoptive parent must be at least 15 years older than the child he/she wishes to adopt. The difference in age between the adoptive parent and the child cannot be greater than 45 years.
In case of adoption of an adult the difference in age mustn’t be less than 18 years.
3. A married couple may become adoptive parents, as well as the persons specified in parts 5 and 6 of this article. The adoptive parents may not be the persons of the same sex.
4. The persons who are not married to one another may not adopt the same child. If such persons live together like a family, court may decree the decision of adoption by them.
5. If a child has only mother, he/she may not be adopted by a man, who is not married to his/her mother. If a child has only father, he/she may not be adopted by a woman, who is not married to his/her father. If such persons live together like a family, court may decree the decision of adoption by them.
6. If a child has only father or only mother, who in connection with adoption lose legal connection with the child, just one man or one woman may become the adoptive parent of the child.
7. The number of children who may be adopted by one adoptive parent is not restricted.
Article 212. Persons who may not be the adoptive parents
1. The following persons may not be the adoptive parents:
1) with limited legal capacity
2) declared incapable
3) deprived of parent rights, if these rights have not been renewed
4) those who have been the adoptive parents of another child, but the adoption was annulled or declared not valid through their fault.
5) registered under care of being treated by psychoneurological or narcological dispensary
6) those who misuse alcohol or drugs
7) those who don’t have permanent residence or constant earnings (fixed income)
8) sick with diseases, the list of which is stated by Ministry of health protection of Ukraine
9) foreigners who are not married, except cases, when the foreigner is a relative to the child.
2. Apart from the persons, specified in part 1 of this article, persons, whose interests contradict interests of the child may not be the adoptive parents.
Article 213. Persons who have preferential right before others for adoption of a child.
1. If there are several persons, who expressed desire to adopt the same child, the preferential right for his/her adoption belongs to a citizen of Ukraine:
a) whose family brings the child up;
b) who is the husband of the child’s mother, or the wife of father of the child who is adopted;
c) who adopts several children, who are siblings;
d) who is a relative of the child.
2. Apart from the persons, specified in part 1 of this article, a married couple has a preferential right for adoption of a child.
Article 217. Consent of parents for adoption of their child.
1. A child’s adoption is made with a free consent of his/her parents.
2. The parents’ consent for their child’s adoption must be unconditional. Agreement as to payment for consent for a child’s adoption by the adoptive parents to parents, guardians or other persons, with whom the child lives is ineffective.
3. Parents’ consent for adoption may be given only after the child has attained 2 months’ age.
4. If child’s mother or father is juvenile, apart from their consent for adoption, their parents’ consent is required.
5. Parents’ written consent for adoption is notarized.
6. Mother, father of the child has the right to withdraw their consent for adoption before court’s decision about adoption comes into effect.
Article 218. Consent of the child for adoption
1. the child consent is required for his/her adoption, if the child’s attained such age and level of development, that he/she can express consent. The child’s consent is given in the form corresponding to his/her age and health condition.
2. The child must be informed about legal consequences of adoption.
3. Adoption is granted without the child’s consent, if he/she with connection of age or health condition doesn’t realize the fact of adoption
4. The child’s consent is not required, when he/she lives in the family of adoptive parents and considers them his/her own parents.
Article 219. Child’s adoption without consent of parents.
1. Child’s adoption is made without his/her parents’ consent, if they are:
a) Unknown
b) Acknowledged as missing
c) Acknowledged as incapable
d) Deprived of parent’s rights as to the child who is adopted.
2. Child’s adoption may be fulfilled without consent of adult parents, if the court ascertains that they, not having lived with the child for more than 6 months, do not express parent’s care and attention, do not maintain and do not bring the child up.
1. If there are several persons, who expressed desire to adopt the same child, the preferential right for his/her adoption belongs to a citizen of Ukraine:
a) whose family brings the child up;
b) who is the husband of the child’s mother, or the wife of father of the child who is adopted;
c) who adopts several children, who are siblings;
d) who is a relative of the child.
2. Apart from the persons, specified in part 1 of this article, a married couple has a preferential right for adoption of a child.
Article 217. Consent of parents for adoption of their child.
1. A child’s adoption is made with a free consent of his/her parents.
2. The parents’ consent for their child’s adoption must be unconditional. Agreement as to payment for consent for a child’s adoption by the adoptive parents to parents, guardians or other persons, with whom the child lives is ineffective.
3. Parents’ consent for adoption may be given only after the child has attained 2 months’ age.
4. If child’s mother or father is juvenile, apart from their consent for adoption, their parents’ consent is required.
5. Parents’ written consent for adoption is notarized.
6. Mother, father of the child has the right to withdraw their consent for adoption before court’s decision about adoption comes into effect.
Article 218. Consent of the child for adoption
1. the child consent is required for his/her adoption, if the child’s attained such age and level of development, that he/she can express consent. The child’s consent is given in the form corresponding to his/her age and health condition.
2. The child must be informed about legal consequences of adoption.
3. Adoption is granted without the child’s consent, if he/she with connection of age or health condition doesn’t realize the fact of adoption
4. The child’s consent is not required, when he/she lives in the family of adoptive parents and considers them his/her own parents.
Article 219. Child’s adoption without consent of parents.
1. Child’s adoption is made without his/her parents’ consent, if they are:
a) Unknown
b) Acknowledged as missing
c) Acknowledged as incapable
d) Deprived of parent’s rights as to the child who is adopted.
2. Child’s adoption may be fulfilled without consent of adult parents, if the court ascertains that they, not having lived with the child for more than 6 months, do not express parent’s care and attention, do not maintain and do not bring the child up.
Article 221. Consent of guardian, custodian for adoption of a child
1. For adoption of a child, who is under guardianship or custody, as well as for adoption of a child, whose parents under guardianship or custody, the written consent of guardian or custodian is required, regardless of parents’ consent.
2. If guardian or custodian doesn’t give consent for child’s adoption, such consent may be given by a body of guardianship or custody.
3. The child’s adoption may be fulfilled without consent of guardian, custodian or body of guardianship and custody, if the court ascertains, that adoption of the child meets his/her interests.
Article 222. Consent of medical institution or educational institution for adoption of a child.
1. For adoption of a child, who doesn’t have parents and stays in a medical or educational institution, the written consent of this institution is required.
Adoption may be fulfilled without consent of this institution, if the court ascertains, that adoption of the child meets his/her interests.
Article 223. Application for a child’s adoption.
1. Person, who wishes to adopt a child, hands in application for adoption to the court. Handing in such application through a representative is not acceptable.
2. Application for adoption may be withdrawn before the court’s decision about adoption comes into effect.
Article 224. Court’s decision about adoption
1. The court, decreeing a decision about child’s adoption, takes into consideration circumstances, which are of considerable importance, particularly:
a) Health condition and financial circumstances of the person who wishes to adopt a child, his/her marital status, living conditions, attitude to upbringing of the child;
b) Motives, on bases of which the person wishes to adopt the child.
c) Motives why the other of married couple doesn’t wish to become an adoptive parent, if only one of the married couple applies for adoption
d) Adequacy of the person who wishes to adopt the child and how long this person has cared for the child;
e) The person of the child and his/her health condition
f) Attitude of the child to the person, who wishes to adopt him.
2. If complying with all conditions, stated in this Code, with ability of the person who wishes to adopt the child, to ensure stable and harmonious life conditions for the child, the courts grants a decree, in which this person is declared the adoptive parent of the child.
3. The court may not refuse to grant adoption to a person for the reason, that the person already has or can have a child.
4. The court, decreeing a decision about adoption of an adult, takes into account the motives, on bases of which the persons wish to adopt, the possibility of their cohabitation, their family status and health condition and other circumstances which are of considerable importance.
Article 225. The moment of fulfillment of adoption.
1. The adoption is considered fulfilled on the date when the court decision comes into effect.
2. At will of adoptive parent, a state body of registration gives an adoption certificate on the base of the court decision. The sample of the certificate is approved by the Cabinet of the ministers of Ukraine.
Article 230. The right of adoptive parent to change records about birthplace and birth date of the child.
1. A person who applies for adoption may express wish to change records about birthplace and birth date of the child.
2. Date of birth of a child can be changed to no more than six months.
3. In decision about adoption the court changes records about birth place and birth date of the child if it meets his/her interests.
Article 232. Legal consequences of adoption.
1. From the moment of fulfillment of adoption personal and property rights and duties between parents and the person who is adopted lapse, as well as between the person and his/her other relatives by birth.
If the child is adopted by one person, these rights and duties may be conserved at will of mother, if the adoptive parent is a man, or at will of father, if the adoptive parent is a woman.
2. If after a parent’s death or divorce with a person, acknowledged as incapable by the court, the other parent espouses one more time and his/her spouse in the recurring marriage wishes to adopt the child, grandfather or grandmother of the child on the side of the parent who is deceased or acknowledged incapable, his own brothers and sisters have the right to hand in application to the court as to retaining the legal connection between them and the child being adopted.
The court considers this application simultaneously with adoption application and satisfies it, if it meets the child’s interests.
3. From the moment of adoption mutual personal non-pecuniary and pecuniary rights and duties arises between the person who is adopted (and in the future between his/her children and grandchildren) and the adoptive parent and his/her relatives by birth.
4. Adoption grants to the adoptive parent rights and charges duties as to the child he/she adopted to the same extent as parents have as to the child.
5. Adoption grants rights to the person, who is adopted, and charges duties as to the adoptive parent to the same extent as a child has at to his parents.
Article 233. Alteration to birth records of the child, who is adopted.
1. On the base of the court decision about adoption a state body of status registration makes corresponding alterations in birth records of the child or the adult and issues a new birth certificate taking into account these alterations. The birth certificate that was issued before is annulled.
Article 234. reservation of child’s rights that he/she had before adoption.
1. The adopted child reserves the rights for pension, other social payment, as well as payment of indemnification in connection with loss of breadwinner, which the child had before adoption.
Article 235. Control over compliance with the rights of the child who was adopted.
1. A body of guardianship and custody exercises control over compliance with the rights of the children, who were adopted and reside in Ukraine.
2. Control over compliance with the rights of the child who was adopted, is exercised till his/her attainment of majority.
Article 236. Invalidity of adoption.
1. The adoption is nullified by the court’s decision if it was granted without consent of the children or parents, if such consent was necessary.
2. The adoption is nullified by the court’s decision if the adoptive parent didn’t wish coming into effect rights and responsibilities, which arise as result of adoption (fictitious adoption)
3. The adoption may be nullified by court decision, if it was granted on the base of forged documents
4. The adoption may be nullified by court decision, in case of absence of consent for adoption from persons specified in articles 220-222 of this Code.
5. If one of the spouses adopted a child of the other spouse, the adoption may be nullified by court decision, if it is ascertained, that at the moment of adoption the other spouse didn’t have intention to continue marital relations.
1. For adoption of a child, who is under guardianship or custody, as well as for adoption of a child, whose parents under guardianship or custody, the written consent of guardian or custodian is required, regardless of parents’ consent.
2. If guardian or custodian doesn’t give consent for child’s adoption, such consent may be given by a body of guardianship or custody.
3. The child’s adoption may be fulfilled without consent of guardian, custodian or body of guardianship and custody, if the court ascertains, that adoption of the child meets his/her interests.
Article 222. Consent of medical institution or educational institution for adoption of a child.
1. For adoption of a child, who doesn’t have parents and stays in a medical or educational institution, the written consent of this institution is required.
Adoption may be fulfilled without consent of this institution, if the court ascertains, that adoption of the child meets his/her interests.
Article 223. Application for a child’s adoption.
1. Person, who wishes to adopt a child, hands in application for adoption to the court. Handing in such application through a representative is not acceptable.
2. Application for adoption may be withdrawn before the court’s decision about adoption comes into effect.
Article 224. Court’s decision about adoption
1. The court, decreeing a decision about child’s adoption, takes into consideration circumstances, which are of considerable importance, particularly:
a) Health condition and financial circumstances of the person who wishes to adopt a child, his/her marital status, living conditions, attitude to upbringing of the child;
b) Motives, on bases of which the person wishes to adopt the child.
c) Motives why the other of married couple doesn’t wish to become an adoptive parent, if only one of the married couple applies for adoption
d) Adequacy of the person who wishes to adopt the child and how long this person has cared for the child;
e) The person of the child and his/her health condition
f) Attitude of the child to the person, who wishes to adopt him.
2. If complying with all conditions, stated in this Code, with ability of the person who wishes to adopt the child, to ensure stable and harmonious life conditions for the child, the courts grants a decree, in which this person is declared the adoptive parent of the child.
3. The court may not refuse to grant adoption to a person for the reason, that the person already has or can have a child.
4. The court, decreeing a decision about adoption of an adult, takes into account the motives, on bases of which the persons wish to adopt, the possibility of their cohabitation, their family status and health condition and other circumstances which are of considerable importance.
Article 225. The moment of fulfillment of adoption.
1. The adoption is considered fulfilled on the date when the court decision comes into effect.
2. At will of adoptive parent, a state body of registration gives an adoption certificate on the base of the court decision. The sample of the certificate is approved by the Cabinet of the ministers of Ukraine.
Article 230. The right of adoptive parent to change records about birthplace and birth date of the child.
1. A person who applies for adoption may express wish to change records about birthplace and birth date of the child.
2. Date of birth of a child can be changed to no more than six months.
3. In decision about adoption the court changes records about birth place and birth date of the child if it meets his/her interests.
Article 232. Legal consequences of adoption.
1. From the moment of fulfillment of adoption personal and property rights and duties between parents and the person who is adopted lapse, as well as between the person and his/her other relatives by birth.
If the child is adopted by one person, these rights and duties may be conserved at will of mother, if the adoptive parent is a man, or at will of father, if the adoptive parent is a woman.
2. If after a parent’s death or divorce with a person, acknowledged as incapable by the court, the other parent espouses one more time and his/her spouse in the recurring marriage wishes to adopt the child, grandfather or grandmother of the child on the side of the parent who is deceased or acknowledged incapable, his own brothers and sisters have the right to hand in application to the court as to retaining the legal connection between them and the child being adopted.
The court considers this application simultaneously with adoption application and satisfies it, if it meets the child’s interests.
3. From the moment of adoption mutual personal non-pecuniary and pecuniary rights and duties arises between the person who is adopted (and in the future between his/her children and grandchildren) and the adoptive parent and his/her relatives by birth.
4. Adoption grants to the adoptive parent rights and charges duties as to the child he/she adopted to the same extent as parents have as to the child.
5. Adoption grants rights to the person, who is adopted, and charges duties as to the adoptive parent to the same extent as a child has at to his parents.
Article 233. Alteration to birth records of the child, who is adopted.
1. On the base of the court decision about adoption a state body of status registration makes corresponding alterations in birth records of the child or the adult and issues a new birth certificate taking into account these alterations. The birth certificate that was issued before is annulled.
Article 234. reservation of child’s rights that he/she had before adoption.
1. The adopted child reserves the rights for pension, other social payment, as well as payment of indemnification in connection with loss of breadwinner, which the child had before adoption.
Article 235. Control over compliance with the rights of the child who was adopted.
1. A body of guardianship and custody exercises control over compliance with the rights of the children, who were adopted and reside in Ukraine.
2. Control over compliance with the rights of the child who was adopted, is exercised till his/her attainment of majority.
Article 236. Invalidity of adoption.
1. The adoption is nullified by the court’s decision if it was granted without consent of the children or parents, if such consent was necessary.
2. The adoption is nullified by the court’s decision if the adoptive parent didn’t wish coming into effect rights and responsibilities, which arise as result of adoption (fictitious adoption)
3. The adoption may be nullified by court decision, if it was granted on the base of forged documents
4. The adoption may be nullified by court decision, in case of absence of consent for adoption from persons specified in articles 220-222 of this Code.
5. If one of the spouses adopted a child of the other spouse, the adoption may be nullified by court decision, if it is ascertained, that at the moment of adoption the other spouse didn’t have intention to continue marital relations.
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