NATIONAL AND INTERCOUNTRY ADOPTION: REGULATION IN THE CONDITIONS OF MARTIAL LAW
DOI:
https://doi.org/10.17721/1728-2195/2023/2.126-10Keywords:
national and intercountry adoption, martial law, adopter, rights and interests of the child, family relationsAbstract
Background. The article is devoted to the consideration of the peculiarities of the legislative regulation of adoption (adoption) relations in the conditions of martial law in Ukraine, the characteristics of the conditions and restrictions on the adoption of children, including those who are outside Ukraine by both citizens of Ukraine and foreigners, to the study of the normative principles of adoption in Ukraine and the practice of applying this institute in the conditions of martial law, formulating conclusions and proposals for improving the national system of legal regulation of relations on adoption, protection of the rights and interests of children.
Methods. In the process of researching the regulatory regulation of adoption relations under martial law, generally philosophical and specifically legal methods of researching social regularities, legal phenomena, and legal categories were used.
Results. The article notes that currently the adoption procedure in Ukraine, as a whole, remains unchanged. At the same time, in the current
difficult conditions, the state has simplified record-keeping, as well as increased the level of information support for the adoption process. The article
emphasizes that in the conditions of martial law it is impossible to ensure a high-quality verification of the documents of foreign citizens who have
expressed a desire to adopt a child, therefore, since the introduction of martial law in Ukraine, activities on interstate adoption have been suspended.
The adoption situation remained uncertain until June 1, 2023, when the procedure for adopting children residing outside of Ukraine by citizens of
Ukraine was regulated for the first time. At the same time, a general ban was established on the adoption of children by citizens of Ukraine who
temporarily or permanently live (stay) outside of Ukraine, and by foreigners.
Conclusions. When relating to foreigners, the establishment of such restrictions is completely natural and reflects the national orientation
of the social policy of the state, which is interested in raising children, first of all, citizens of Ukraine, then the establishment of such restrictions for
citizens of Ukraine who are abroad is hardly justified, taking into account non-discriminatory principles regulation of social relations in a legal and
democratic state, and can be explained only by certain difficulties in carrying out the adoption procedure itself.
References
Verkhovna Rada of Ukraine (2015) On the legal regime of martial law (Law of Ukraine dated May 12, 2015) https://zakon.rada.gov.ua/laws/show/389-19#n181 [in Ukrainian].
The President of Ukraine (2022) On the introduction of martial law in Ukraine (Decree of February 24, 2022 No. 64/2022) https://zakon.rada.gov.ua/laws/show/64/2022#Text. [in Ukrainian].
UN (1989) Convention on the Rights of the Child (Convention of November 20, 1989) URL: https://zakon.rada.gov.ua/laws/show/995_021#Text. [in Ukrainian].
National Social Service Service of Ukraine (2022) Head of the National Social Service Service on Adoption of Children on the air of the "Edyni Novyni" marathon https://nssu.gov.ua/news/holova-natssotssluzhby-pro-usynovlennia-ditei-v-efiri-marafonu- iedyni-novyny [in Ukrainian].
Verkhovna Rada of Ukraine (2002) Family Code of Ukraine (Code of January 10, 2002) https://zakon.rada.gov.ua/laws/show/2947-14#Text. [in Ukrainian].
Cabinet of Ministers of Ukraine (2008) The procedure for carrying out adoption activities and supervising the observance of the rights of adopted children, (Resolution No. 905 dated October 8, 2008) https://zakon.rada.gov.ua/laws/show/905 -2008-%D0%BF#Text. [in Ukrainian].
Unified Register of Court Decisions (2022) Judgment of the Savran District Court of Odesa Region dated April 18, 2022 in case 512/168/22. https://reyestr.court.gov.ua/Review/104009407. [in Ukrainian].
Unified Register of Court Decisions (2022) Judgment of the Baglii District Court of Dniprodzerzhinsk, Dnipropetrovsk Region dated April 22, 2022 in case No. 207/967/22. https://reyestr.court.gov.ua/Review/104229211 [in Ukrainian].
Verkhovna Rada of Ukraine (2022) Notice of the Information Management (Notice dated April 2, 2022) https://www.rada.gov.ua/news/razom/221242.html [in Ukrainian].
Cabinet of Ministers of Ukraine (2022) On amendments to the Procedure for conducting adoption activities and supervising the observance of the rights of adopted children (Resolution of May 24, 2022 No. 618) https://zakon.rada.gov.ua/laws/ show/618-2022-%D0%BF#Text [in Ukrainian].
Cabinet of Ministers of Ukraine (2022) On amendments to some resolutions of the Cabinet of Ministers of Ukraine regarding the digitization of the processes of placement of children in family forms of education (Resolution of May 31, 2022 No. 636). https://zakon.rada.gov.ua/laws/show/636-2022-%D0%BF#Text [in Ukrainian].
Ministry of Social Policy of Ukraine (2022) Interstate adoption under martial law. (Clarification dated March 13, 2022). https://www.kmu.gov.ua/news/mizhderzhavne-usinovlennya-v-umovah-voyennogo-stanu-rozyasnennya-minsocpolitiki [in Ukrainian].
Cabinet of Ministers of Ukraine (2022) On making changes to some resolutions of the Cabinet of Ministers of Ukraine regarding the adoption and placement of orphans and children deprived of parental care in families of citizens of Ukraine during martial law (Resolution dated June 1, 2023 year No. 576. https://zakon.rada.gov.ua/laws/show/576-2023-%D0%BF#Text. [in Ukrainian].
Ministry of Social Policy of Ukraine (2023) The government adopted a number of resolutions to ensure the protection of children's rights https://www.msp.gov.ua/news/22863.html [in Ukrainian].
Additional Files
Published
Issue
Section
License
Copyright (c) 2024 Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
