Law of Ukraine

On Amendments to the Family Code of Ukraine

Date of entry into force:
March 25, 2006

The Law introduces amendment to the Family Code of Ukraine.

According to the Law, the heads of institutions, where children who can be adopted, given into care or upbringing in the family of citizens are living and also other persons, who learned about orphans and children deprived of parental care, must submit information about within 7 working days to corresponding departments of state administrations in counties, districts in Kyiv and Sevastopol, executive committees of city, district councils.

The law also supplements the Family Code of Ukraine with a part Foster Family and Family-type Orphanage.

According to the Law, a foster family is a family that voluntary accepted from one to four orphans or children deprived of parental care for upbringing and joint living. 

Foster parents are a married couple or person, who is not married, who took orphans or children deprived of parental care for joint living and upbringing.

The following persons cannot be foster parents:
  • Recognized incapable or with limited capabilities;
  • Deprived of parental rights if such rights were not reestablished;
  • Dismissed as guardian or caretaker in case of failure to fulfill the obligations;
  • Conduct and interests of whom contradict interests of the adopted child;
  • Who cannot not care for the children due to their health condition;
  • Who live on the same living same with family members who have health problems that could have a negative influence on the health of the adopted child.

The norms of the law determined that adopted children are orphans and children deprived of parental care and settled into a foster family for joint living and upbringing.

If an orphan or a child deprived of parental care reached the age and level of development that he/she can voice his/her opinion, then the child shall give his/her consent to being settled into a foster family.

The childs consent to being settled into a foster family shall be learned by the service of special institution, where the child is staying, with foster parents and representative of the care body present and a corresponding document shall be drawn upon it.

The law stipulates that adopted children shall live and be raised in foster families until they reach the age of 18 and in case of studying in vocational schools or higher learning institutions of I-IV levels of accreditation until graduation.

The adopted children shall preserve the right for alimony, pension, other social security payments and also for compensation due to the loss of bread-winner, which they had before being adopted by the foster family.

The adopted children shall have the right to maintain personal contacts with parents and other relatives, with the exception of cases, when that could inflict damage on their lives, health and moral upbringing.

The law determines the notion of family-type orphanage. A family-type orphanage is a family, which is created upon the will of a married couple or single person to provide family upbringing and for joint living of at least 5 orphans and children deprived of parental care.

Parents-caretakers are a married couple or a person that is not married, who took orphans and children deprived of parental care for upbringing and joint living.

Parents-caretakers are legal representatives of children and shall act without special authorities as guardians or caretakers.

Parents-caretakers shall be provided with equipped individual house or a large apartment for the needs of the family-type orphanage in accordance with the norms established by the legislation.

According to the law, children-orphans and children deprived of parental care can stay in the family-type orphanage.

If an orphan or a child deprived of parental care reached the age and level of development that he/she can voice his/her opinion, then the child shall give his/her consent to being settled into a family-type orphanage.

The childs consent to being settled into a family-type orphanage shall be learned by the service of special institution, where the child is staying, with foster parents and representative of the care body present and a corresponding document shall be drawn upon it.

The law stipulates that the children living in the family-type orphanage shall preserve the right for alimony, pension, other social security payments and also for compensation due to the loss of bread-winner, which they had before being settled into the family-type orphanage.

The children at the family-type orphanage shall have the right to maintain personal contacts with parents and other relatives, with the exception of cases, when that could inflict damage on their lives, health and moral upbringing.
Warning! The information is outdated due to the fact that this section is temporarily not updated!


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