Last modification: 15.06.21 08:22:40
(The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 2002, Nos. 21–22, Article 135)
{As amended by Laws
No. 407-IV of 26 December 2002, BVR, 2003, No. 7, Article 70
No. 2620-IV of 02 June 2005, BVR, 2005, No. 26, Article 352
No. 2709-IV of 23 June 2005, BVR, 2005, No. 32, Article 422
No. 2710-IV of 23 June 2005, BVR, 2005, No. 32, Article 423
No. 2853-IV of 08 September 2005, BVR, 2005, No. 51, Article 551
No. 2901-IV of 22 September 2005, BVR, 2006, No. 1, Article 2
No. 3097-IV of 16 November 2005, BVR, 2006, No. 22, Article 179
No. 3250-IV of 20 December 2005, BVR, 2006, No. 14, Article 120
No. 3497-IV of 23 February 2006, BVR, 2006, No. 33, Article 277
No. 3539-IV of 15 March 2006, BVR, 2006, No. 34, Article 293
No. 524-V of 22 December 2006, BVR, 2007, No. 10, Article 87
No. 257-VI of 10 April 2008, BVR, 2008, No. 24, Article 230}
{On certain provisions recognised as constitutional, see Judgment of the Constitutional Court
No. 3-rp/2009 of 3 February 2009}
{As amended by Laws
No. 1276-VI of 16 April 2009, BVR, 2009, No. 38, Article 535
No. 1390-VI of 21 May 2009, BVR, 2009, No. 39, Article 559
No. 1397-VI of 21 May 2009, BVR, 2009, No. 41, Article 596
No. 1452-VI of 4 June 2009, BVR, 2009, No. 44, Article 653
No. 2302-VI of 1 June 2010, BVR, 2010, No. 34, Article 483
No. 2398-VI of 1 July 2010, BVR, 2010, No. 38, Article 509
No. 2435-VI of 6 July 2010, BVR, 2010, No. 46, Article 539
No. 2677-VI of 4 November 2010, BVR, 2011, No. 19-20, Article 142
No. 2913-VI of 11 January 2011, BVR, 2011, No. 31, Article 298
No. 3234-VI of 19 April 2011, BVR, 2011, No. 42, Article 433
No. 3354-VI of 12 May 2011, BVR, 2011, No. 45, Article 488
No. 3381-VI of 19 May 2011, BVR, 2011, No. 45, Article 490
No. 3738-VI of 9 September 2011, BVR, 2012, No. 19-20, Article 172
No. 3760-VI of 20 September 2011, BVR, 2012, No. 19-20, Article 177
No. 4314-VI of 12 January 2012, BVR, 2012, No. 40, Article 475
No. 4525-VI of 15 March 2012, BVR, 2012, No. 49, Article 562
No. 4652-VI of 13 April 2012, BVR, 2013, No. 21, Article 208
No. 4766-VI of 17 May 2012, BVR, 2013, No. 15, Article 100}
{For the official interpretation of the Law, see the Judgment of the Constitutional Court
No. 17-rp/2012 of 19 September 2012}
{As amended by Laws
No. 5462-VI of 16 October 2012, BVR, 2014, No. 6-7, Article 80
No. 5477-VI of 6 November 2012, BVR, 2013, No. 50, Article 693
No. 245-VII of 16 May 2013, BVR, 2014, No. 12, Article 178
No. 402-VII of 4 July 2013, BVR, 2014, No. 20-21, Article 708
No. 1697-VII of 14 October 2014, BVR, 2015, No. 2 to 3, Article 12
No. 668-VIII of 3 September 2015, BVR, 2015, No. 45, Article 407
No. 911-VIII of 24 December 2015, BVR, 2016, No. 5, Article 50
No. 936-VIII of 26 January 2016, BVR, 2016, No. 10, Article 99
No. 1370-VIII of 17 May 2016, BVR, 2016, No. 25, Article 501
No. 1404-VIII of 2 June 2016, BVR, 2016, No. 30, Article 542
No. 1692-VIII of 19 October 2016, BVR, 2016, No. 48, Article 813
No. 2037-VIII of 17 May 2017, BVR, 2017, No. 25, Article 291
No. 2038-VIII of 17 May 2017, BVR, 2017, No. 26, Article 293
No. 2234-VIII of 7 December 2017, BVR, 2018, No. 6-7, Article 40
No. 2249-VIII of 19 December 2017, BVR, 2018, No. 6-7, Article 43
No. 2475-VIII of 3 July 2018, BVR, 2018, No. 36, Article 272
No. 463-IX of 16 January 2020, BVR, 2020, No. 31, Article 226
No. 540-IX of 30 March 2020, BVR, 2020, No. 18, Article 123
No. 720-IX of 17 June 2020, BVR, 2020, No. 47, Article 408
No. 942-IX of 03 November 2020
No. 1020-IX of 02 December 2020; enacted on 30 March 2021}
{In this Code, the words “state office for registration” in all forms has been replaced with the words “state registration office” in the corresponding form in accordance with Law No. 2398-VI of 1 July 2010}
{In this Code, the words “central executive agency in charge of adoption and protection of children's rights“ in all forms have been replaced with the words “central executive agency implementing the state policy on adoption and protection of children's rights“ in the corresponding forms in accordance with Law No. 5462-VI of 16 October 2012}
{In the text of this Code, the words “a disabled person” and “a disabled child” in all forms have been replaced, accordingly, with the words “a person with disabilities” and “a child with disabilities” in the corresponding form according to Law No. 2249-VIII of 19 December 2017}
Chapter 1
FAMILY. REGULATION OF FAMILY RELATIONS
Article 1. Objectives of the Family Code of Ukraine
1. The Family Code of Ukraine defines the principles of marriage, personal non-property and property rights and responsibilities of spouses, grounds and scope of personal proprietary and non-proprietary rights and responsibilities of parents and children, adoptive parents and children, and other family members and relatives.
2. This Code regulates family relations with the purpose of:
strengthening family as a social institute and as a union of specific persons;
promoting being committed to parents, children and other family members;
building a family on parity grounds and on the basis of mutual love, respect, aid and support;
making sure that every child is provided with family care and opportunities for physical and mental development.
Article 2. Participants of family relations governed by the Family Code of Ukraine
1. The Family Code of Ukraine governs personal proprietary and non-proprietary relations between spouses, parents and children, adoptive parents and children, and a child's mother and father to an extent related to the child's upbringing, development and care.
2. The Family Code of Ukraine governs personal proprietary and non-proprietary relations between grandparents, great-grandparents and grandchildren, great-grandchildren, siblings, step-parents and step-children.
3. The Family Code of Ukraine governs personal proprietary and non-proprietary relations between all other members of the family not explicitly referred to herein.
4. The Family Code of Ukraine does not govern family relations between cousins, uncles, aunts, nephews, nieces and other relatives by origin.
1. Family is a primary and core unit of the society.
2. A family consists of persons reside together, have common household, rights and responsibilities.
Spouses shall be considered a family even when they do not live together due to studies, work, medical treatment, having to care for their parents or children or for any other valid reasons.
The child belongs to the family of their parents even if they do not live together.
3. A single person shall have the rights of a family member.
4. A family is made through marriage, consanguinity, adoption or otherwise to an extent not in conflict with the applicable law and moral principles of the society.
Article 4. Right to have a family
1. A person who has reached the age of marriage may start their own family.
In cases referred to by Part 2 of Article 23 hereof, a family may be started by a person under the age of marriage.
2. A family may be started by a person who gave birth to a child, regardless of their age.
3. Everyone has the right to live with their family.
A person may be forcedly isolated from their family only in cases and according to the procedure contemplated by applicable law.
4. Everyone has the right for respect to their family life.
Article 5. Family protection by the state
1. The state shall protect the family, childhood, maternity and paternity, and shall contribute to the strengthening of the family.
2. The state shall provide appropriate conditions for maternity and paternity; shall protect the rights of the mother and the father; and shall provide material and moral incentives and otherwise support maternity and paternity.
3. The state shall ensure that family child care is a priority.
4. The state shall provide protection to every orphaned child and every child deprived of parental care.
{Part 4 of Article 5 as amended by Law No. 3497-IV of 23 February 2006}
5. No one shall suffer from the interference in their family life, except as envisaged by the Constitution of Ukraine.
1. In the legal perspective, a person shall be deemed a child until they reach the legal age of majority.
2. A child under the age of 14 shall be considered a minor.
A child aged fourteen to eighteen shall be considered underage.
Article 7. General principles governing family relations
1. Family relations shall be governed by this Code and other applicable rules and regulations.
2. Family relations may be governed under an agreement between the family members.
3. Family relations shall be governed to an extent this is acceptable and possible from the perspective of interests of the participants to such relations and interests of the society.
4. Family relations shall be regulated with due respect to the right to privacy of personal life and personal freedom and without any arbitrary intervention in the family life.
5. A participant of family relations shall not have any privileges or restrictions based on race, skin colour, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics.
6. A woman and a man shall have equal rights and responsibilities in family relations, marriage and family.
7. A child shall be able to exercise their rights set forth in the Constitution of Ukraine, the Convention on the Rights of the Child, and other applicable international treaties of Ukraine approved by the Verkhovna Rada of Ukraine as binding.
{Part 7 of Article 10 as worded in Law No. 524-V of 22 December 2006}
8. Family relations shall be governed to cater for the needs of the child and incapacitated family members to the broadest extent possible.
9. Family relations shall be governed under the principles of justice, good faith and reasonability and in any case in accordance with moral considerations of the society.
10. Every participant of family relations may seek protection in court.
Article 8. Application of the Civil Code of Ukraine to family relations
1. Where personal proprietary and non-proprietary relations between spouses, parents, children and other members of the family or relatives are not explicitly governed by this Code, relevant provisions of the Civil Code of Ukraine shall apply to an extent not contradicting the nature of family relations.
{Article 8 as worded in Law No. 524-V of 22 December 2006}
Article 9. Regulation of family relations based on an agreement between the parties
1. Spouses, parents of the child, parents and children, other members of the family and relatives whose relations are governed by this Code may regulate their relationship by an agreement provided, however, that this is not in conflict with this Code, other applicable laws and moral principles of the society.
2. Persons living together as a family and relatives by consanguinity whose relations are not governed under this Code may regulate their family relationship under an agreement that must be made in writing. Such agreement shall be binding unless where contradicting this Code, other applicable laws of Ukraine and moral principles of the society.
Article 10. Application of the analogy of statute and analogy of law
1. In case certain family relations are not governed by this Code, other applicable regulatory acts or an agreement between the parties, provisions of this Law governing similar relations shall apply (analogy of statute).
{Part 1 of Article 10 as revised by Law No. 524-V of 22 December 2006}
2. If analogy of statute cannot be applied to govern family relations, such family relations shall be governed by general principles of the family legislation (analogy of law).
Article 11. Taking local customs into consideration when resolving family disputes in court
1. The court resolving the family dispute may, upon the petition of the stakeholder, take into consideration a relevant local custom as well as the custom of the ethnic minority to which a party or the parties belong; provided, however, that this is not in conflict with the provisions of this Code, other applicable laws and moral principles of the society.
Article 12. Calculation of timelines referred to in this Code
1. Timelines referred to herein shall be calculated in accordance with the Civil Code of Ukraine.
Article 13. International treaties of Ukraine
1. International treaties that govern family relations and are ratified by the Verkhovna Rada of Ukraine are a part of the national family legislation of Ukraine.
2. If a duly executed international treaty of Ukraine contains any provisions that are in conflict with any family regulation, the relevant international treaty of Ukraine shall prevail.
{Article 13 as revised by Law No. 524-V of 22 December 2006}
Chapter 2
THE EXERCISE OF FAMILY RIGHTS AND FAMILY DUTIES. PROTECTION OF FAMILY RIGHTS AND INTERESTS
Article 14. Exercise of family rights
1. Family rights are closely associated with the person and therefore may not be assigned to any other person.
2. Where a child or a person whose capacity is limited is not capable of exercising their rights, these rights shall be exercised by their parents or custodian, or the person themselves with the assistance of their parents or caregiver.
{Part 3 of Article 32 removed under Law No. 311-V of 22 December 2006}
1. Family duties are closely associated with the person and therefore may not be assigned to any other person.
2. If a person has been found incapacitated, their family duty of personal non-proprietary nature shall terminate due to their inability to handle such duty.
The proprietary duty of the incapacitated person shall be fulfiled by their custodian.
3. If the person is not capable of fulfiling the family duty due to a mental disorder, serious illness or for any other valid reason, they shall not be deemed evading from such duty.
4. A failure to fulfil or evasion from the family duty may result in the implications set forth in this Code or as otherwise agreed by the parties.
Article 16. Supporting underage parents in the exercise of parental rights and parental duties
1. If the child's mother and/or father are underage, the grandmother and/or grandfather of the underage parent must support them in the exercise of their parental rights and obligations.
Article 17. Guardianship agency supporting the exercise of family rights and obligations
1. The guardianship agency shall support the person in the exercise of their family rights and obligations; the scope and procedure for such support are defined by this Code and other applicable regulations.
Article 18. Protection of family rights and interests
1. Each participant of family relations who has attained the age of 14 may directly go to court for the protection of their right or interest.
2. The court applies the remedies envisaged by law or as agreed by and between the parties.
The remedies available for the protection of the family rights and interests include:
1) establishing a legal relationship;
2) forced execution of a duty not executed on a voluntary basis;
3) termination/annulment of the legal relationship;
4) termination of any actions violating family rights;
5) restoration of the legal relationship that existed prior to the infringement;
6) compensation for any material and moral damage if envisaged by this Code or the agreement;
7) change of the legal relationship;
{Part 2 of Article 18 supplemented with Clause 7 in accordance with Law No. 5496-VI of 22 December 2006}
8) declaration of any judgments, actions or omission to act by any state agency or authority of the Autonomous Republic of Crimea or any local government, including any public official, as null and void.
{Part 2 of Article 18 supplemented with Clause 8 in accordance with Law No. 5496-VI of 22 December 2006}
Article 19. Input of the guardianship agency to the protection of family rights and interests
1. In cases referred to in this Code the person may request the guardianship agency to support their family rights and interests.
2. A decision made by the guardianship agency shall be binding unless the relevant person went to a court for the protection of their rights or interests within ten days upon the award of such decision, except as otherwise referred to in Part 2, Article 170 of this Code.
3. Requesting protection from the guardianship agency shall not restrict the right to go to court.
In case the claim was filed to a court the guardianship agency shall terminate the processing of the complained filed to it.
{Recital 3, Part 3, Article 40 removed under Law No. 311-V of 22 December 2006}
4. The guardianship agency represented by a duly authorised legal entity must be involved in the court proceedings related to the participation of either parent in the child care and development, de-registration of the child's place of residence, recognising the child as having lost the right to use the residential property, deprivation and restoration of parental rights, visitation of the child by the parents deprived of parental rights, taking the child from the person holding them not under the applicable law or a court judgment, administration of the child's property by the parents, or cancellation or annulment of adoption.
{Part 4 of Article 19 as worded in Law No. 2038-VIII of 17 May 2017}
5. A guardianship agency shall submit to the court a written opinion on the dispute resolution based on the feedback from the survey of the living conditions of the child, parents and any other persons who want to live with the child and get involved in their upbringing, as well as based on any other documents of relevance.
6. The court may disagree with the opinion of the guardianship agency if it is insufficiently motivated or is in conflict with the child's interests.
Article 20. Application of the limitation period to claims arising out of family relations
1. Limitation period shall not be applicable to claims arising out of the family relations referred to in Part 2 of Article 72, Part 2 of Article 129, Part 3 of Article 138, and Part 3 of Article 139 of this Code.
2. In the cases referred to in Part 1 of this Article the competent court shall apply the limitation period in accordance with the Civil Code of Ukraine unless otherwise envisaged herein.
Section II
MARRIAGE. RIGHTS AND DUTIES OF SPOUSES
1. Marriage is a family union of a woman and a man duly registered with the state civil registration office.
2. Where a woman and a man live together as a family without a registered marriage, this shall not carry rights and obligations of spouses for them.
3. A religious marriage ceremony shall not be considered as the grounds for the marriage rights and duties to arise for the woman and the man unless where such religious ceremony took place prior to the establishment or restoration of the state civil registration authorities.
1. Marriage age for men and women is 18 years old.
{Part 1 of Article 22 as worded in Law No. 4525-VI of 15 March 2012}
2. Persons intending to register a marriage have to be at the age of marriage as of the marriage registration.
1. Persons who have attained the marriage age shall have the right to marry.
2. The court may award the right to marry a person who has attained the age of sixteen based upon their application if it is established that this meets their best interests.
{Part 2 of Article 23 as amended by Law No. 4525-VI of 15 March 2012}
Article 24. Voluntary marriage
1. Marriage requires an unforced consent of the woman and the man.
Neither the woman nor the man shall be forced to marry.
2. Registration of marriage with a person recognised as incapacitated, or with a person who was otherwise unaware of their actions and/or unable to control them shall have the consequences established in Article 38 to Article 40 of this Code.
Article 25. Monogamous marriage
1. A woman and a man may be in one marriage at a time only.
2. A woman and a man may marry again only upon termination of the previous marriage.
Article 26. Persons who may not marry each other
1. Persons who are direct relatives may not marry each other.
2. Full and half siblings may not marry each other. Full siblings have the same parents. Half-siblings share one parent.
3. Cousins, aunts, uncles and nephews and nieces may not marry each other.
4. The court may award the right to marry to the biological child of the adoptive parent and the adopted child, and to the children adopted by such parent.
5. The adoptive parent and the adopted child may not marry each other.
Marriage between the adoptive parent and the child adopted by them may be registered only upon the termination of such adoption.
Chapter 4
STATE REGISTRATION OF MARRIAGE
Article 27. State registration of marriage
1. State registration of marriage aims to protect the sustainable relations between the spouses, protect rights and interests of the spouses and their children, as well as interests of the state and the society.
{Part 2 of Article 27 removed under Law No. 524-V of 22 December 2006}
3. State registration of marriage shall be certified by the Marriage Certificate the template of which is approved by the Cabinet of Ministers of Ukraine.
Article 28. Application for marriage registration
1. Application for marriage registration shall be filed by the woman and the man with any state civil registration office of their choice.
Persons who applied for marriage registration shall be considered engaged.
{Part 1 of Article 28 supplemented with recital 2 in accordance with Law No. 524-V of 22 December 2006}
2. Application for marriage registration shall be filed by the man and the woman in person.
3. If the woman and/or the man cannot file the marriage registration application with the state civil registration office personally for valid reasons, such application, certified by a notary, may be submitted by their representatives. Authorisations of the proxy must be certified by a notary.
1. In case the marriage registration did not take place on the designated day, the marriage registration application shall become null and void three months upon the submission.
Article 29. Explaining rights and obligations to the engaged couple
{Title of Article 29 as amended by Law No 524-V of 22 December 2006}
1. The state civil registration office must explain the rights and obligations as the future spouses and parents to the engaged couple and warn them about the liability for concealing any obstacles to the marriage registration.
{Article 29 as amended by Law No 524-V of 22 December 2006}
Article 30. Mutual awareness of the partners of their health condition
1. The partners must inform each other of their health condition.
2. The state shall provide appropriate conditions for medical check of the couple.
3. Procedure for medical check of the couple shall be set forth by the Cabinet of Ministers of Ukraine.
4. Results of the medical check are confidential and may only be disclosed to the couple.
5. Concealing any information related to the health of one of the partners that has resulted or may result in any implications of physical or mental health of the other partner or their children may be the grounds for declaring the marriage null and void.
{Article 30 as worded in Law No. 524-V of 22 December 2006}
Article 31. Implications in case of a refusal to marry
{Title of Article 31 as worded in Law No. 524-V of 22 December 2006}
{Part 3 of Article 32 removed under Law No. 524-V of 22 December 2006}
{Part 2 of Article 31 removed under Law No. 524-V of 22 December 2006}
3. The partner who refused to marry must reimburse the other partner any and all costs and expenses incurred in preparation for the marriage registration and wedding.
Such costs and expenses shall not be subject to reimbursement where such refusal to marry was caused by an illegal or immoral behaviour of the partner or concealing by the partner of any information that is of the essence for the other partner (such as serious illness, having a child, prior criminal record etc.).
4. If the partner who received a gift in connection with the future marriage refuses to marry, the gift agreement may be terminated by court upon request of the giver.
Upon termination of the gift agreement, the receiver must return the gift or reimburse its value.
Article 32. Time of marriage registration
1. Marriage shall be registered one month after the partners submitted the marriage registration application.
If there are valid reasons, director of the civil registration office may authorise marriage to be registered earlier.
2. In cases such as pregnancy, giving birth to a child, or an immediate threat to the life of one of the partners, the marriage shall be registered on the same day when the relevant application is submitted or on any other day within a month as decided by the couple.
{Part 2 of Article 32 as amended by Law No. 524-V of 22 December 2006}
3. If there is any evidence of any obstacles for the marriage registration, the director of the civil registration office may postpone the marriage registration but for not longer than three months. Such postponement decision may be challenged in court.
Article 33. Venue of marriage registration
1. Marriage shall be registered in the premises of the state civil registration office.
Marriage registration may take place as an official ceremony if requested by the couple.
{Recital 2, Part 1 of Article 33 as worded in Law No. 524-V of 22 December 2006}
2. Upon request of the couple, marriage registration procedure may be conducted at their place or residence, medical treatment facility or elsewhere, if they cannot, for valid reasons, come to the state civil registration office.
Article 34. Marriage registration in presence of the couple
1. Both partners must be present in person during the registration of their marriage.
2. Proxy marriage may not be registered.
Article 35. Option to choose last name during marriage registration
1. The couple may opt to choose last name of one of the partners as their mutual last name or not to change their last names after marriage.
2. Partners may combine their last names. If both partners wish to have a double last name, they shall mutually decide whose last name goes first.
Combining more than two last names shall not be allowed unless deriving from the customs of the ethnic minority to which either partner belongs.
3. If the partner has a double last name as of the time of the marriage registration, they may replace either part of their last name with the last name of the other partner.
Article 36. Legal effects of marriage
1. Marriage carries certain legal implications for the couple.
2. Marriage may not be grounds for any benefits or preference or any restrictions of any rights and freedoms protected under the Constitution and applicable laws of Ukraine.
Article 37. Lawfulness of marriage
1. Marriage shall be deemed lawful except where otherwise governed by parts 1 to 3 of Article 39 of this Code and if not otherwise declared null and void by the court.
Article 38. Grounds for the marriage annulment
1. Violation of any requirements imposed under Article 22 and Articles 24 to 26 of this Code shall be the grounds for the marriage annulment.
1. A marriage that is entered into by a person who is already in a registered marriage shall be void.
2. A marriage entered into by persons who have a direct degree of consanguinity or are full siblings.
3. Marriage registered with a person declared incapable shall be void.
4. Upon request of the interested person, the state civil registration office shall revoke the marriage registration record for the marriage between the persons referred to in Part 1 to Part 3 of this Article.
5. If the marriage is registered with a person who is already married and the previous marriage is terminated prior to the abrogation of the re-marriage registration record, such re-marriage shall become valid and legitimate immediately upon termination of the previous marriage.
6. The marriage registration record shall be revoked regardless of the death of the persons whose marriage was registered (Part 1 to 3 of this Article) and the marriage termination.
Article 40. Marriage declared void by court
1. The competent court may declare the marriage null and void if it was registered without the free consent of either spouse.
The consent shall not be treated as free if at the time of the marriage registration the relevant person had a severe mental disorder or was under the influence of alcohol, drugs or substances and was therefore not fully aware of the implications of their actions and/or was not able to control them, or if the marriage was registered as a result of physical or psychological violence.
2. A sham marriage shall be annulled by the court.
A marriage shall be considered a sham marriage if made by and between a woman and a man or either partner without an intention to create a family and acquire the spousal rights and obligations.
3. A marriage may not be declared void if any circumstances that evidenced the person's unwillingness to marry or create a family are no longer valid as of the time of the court proceedings.
Article 41. Marriage that may be declared null and void by the court
1. A marriage may be declared null and void by court, if entered into:
1) by the adoptive parent and the adopted child in violation of Part 5, Article 26 of this Code;
{Clause 1, Part 1, Article 41 as worded in Law No. 3250-IV of 20 December 2005}
2) between cousins; between aunt/uncle and nephew/niece;
3) with a person who concealed their serious disease or any disease that was dangerous for the other spouse and/or their descendants;
4) with a person who has not attained the marriage age and has not obtained the right to marry.
2. When awarding a judgment on the marriage annulment the court shall also consider the extent to which the marriage has infringed any rights and interests of the person, how long the couple lived together, their relationship as well as any other essential factors.
3. A marriage may not be declared void if the wife is pregnant or in case of childbirth to the persons referred to in Clauses 1, 2 and 4, Part 1 of this Article, or where the partner who was under the marriage age has reached it or was granted the right to marry.
Article 42. Persons who may submit a claim for the marriage to be declared void by court
1. The wife/husband, other persons whose rights have been infringed by registration of this marriage, parents, guardian or caregiver of the child, guardian of the incapable person, prosecutor, or guardianship agency may file a complaint to the court if rights and interests of the child, or the person declared incapable, or the persons whose capability is restricted, need to be protected.
Article 43. Declaration of marriage null and void upon its termination
1. Termination of marriage or death of either spouse shall not preclude declaring the marriage invalid.
2. If the marriage was terminated by a court, a claim to declare such marriage null and void may be lodged only upon revocation of the court judgment terminating the marriage.
Article 44. Time when the marriage becomes void
1. In the cases referred to in Article 39 to Article 41 of this Code the marriage shall be deemed void as of the day of its state registration.
Article 45. Legal implications of void marriage
1. A void marriage as defined in Article 39 of this Code, including a marriage declared void by the court, shall not be considered as the grounds for the spousal rights and obligations imposed under the applicable laws of Ukraine to arise between the persons between whom it was registered.
2. If the persons have acquired any assets during the void marriage it shall be deemed their partial joint property.
The share of each partner shall be defined by the efforts and money they have contributed to the acquisition of such property.
3. If the person was receiving the alimony from their partner in the void marriage, such alimony shall be deemed to have been paid without the appropriate legal grounds and shall be returned in accordance with the Civil Code of Ukraine provided, however, that such period shall not be more than three years.
4. The person who moved into the residential property of the other person due to the registration of the void marriage between them shall not be deemed to have acquired the right to live in such residential property and may be forced to move out.
5. The person who has changed their last name due to the registration of the void marriage shall be deemed to be using this last name without appropriate legal grounds.
6. Legal consequences envisaged by Part 2 to Part 5 of this Article shall apply to the person who was aware of the obstacles for the marriage registration and concealed them from the other party and/or from the state civil registration office.
Article 46. Specific legal implications of void marriage
1. In case a person was not and could not be aware of any obstacles for the marriage registration, they shall have a right to:
1) splitting the property acquired in the void marriage as the joint property of the spouses;
2) live in a separate residential property where they moved in connection with the void marriage;
3) alimony as contemplated in Articles 75, 84, 86 and 88 of this Code;
4) have the last name they selected when registering the marriage.
Article 47. Rights and obligations of the parents and the child of a void marriage
1. Marriage voidability shall not affect the scope of rights and obligations of the parents and the child born in this marriage.
Article 48. Annulment of marriage
1. A marriage registered in absence of either partner shall be deemed null and void. The marriage record of the state civil registration office shall be revoked by a court order based on the request of the interested person.
{Part 1 of Article 48 as amended by Law No. 1697-VII of 14 October 2014}
Chapter 6
PERSONAL INTANGIBLE RIGHTS AND OBLIGATIONS OF THE SPOUSES
Article 49. Right to maternity
1. The wife has the right to maternity.
2. The husband's unwillingness or inability to have a child may be the grounds for termination of the marriage.
3. Depriving the woman of an ability to give birth to a child (reproductive function) in connection with her constitutional, official or employment duties or as a result of any unlawful conduct against her shall be deemed as the grounds for the compensation of the moral damage made to her.
4. The pregnant wife shall enjoy an environment in the family that is good for her health and giving birth to a healthy child.
5. The mother shall have the ability to combine maternity and the exercise of any other rights and obligations.
Article 50. Right to paternity
1. Husband has the right to paternity.
2. Wife's unwillingness or inability to give birth to a child may be the grounds for termination of the marriage.
3. Depriving the man of an ability to carry out the reproductive function in connection with his constitutional, official or employment duties or as a result of any unlawful conduct against him shall be deemed as the grounds for the compensation of the moral damage made to him.
Article 51. Right of the wife and the husband for respect to their individuality
1. The wife and the husband shall have an equal right to respect for their personality, habits and preferences.
Article 52. Right of the wife and the husband to physical and spiritual development
1. The wife and the husband shall have an equal right to physical and mental development, education, display of their skills, and appropriate conditions for work and rest.
Article 53. Right of the wife and the husband to change their last name
1. If the wife and/or husband decided to keep their last names unchanged after the marriage registration, they may file a statement that they are willing to use the last name of either spouse as their family name or to add the last name of the other spouse to their own last name, to the state civil registration office that registered their marriage or the relevant office at their place of residence.
2. In case of changes to the last name, the civil registration office shall issue a new Marriage Certificate.
Article 54. Right of wife and husband to share chores and jointly decide on the family matters
1. Wife and husband may share household chores and responsibilities.
Wife and husband shall respect any chores done for the benefit of the family.
2. All essential family matters shall be decided by spouses jointly according to the principles of equality. Wife and husband may resist being removed from decision-making on family matters.
3. Actions taken by a spouse regarding the family life shall be deemed to be committed upon consent of the other spouse.
Article 55. Duty to take care of the family
1. Wife and husband shall jointly take care of their relationship as a family as well as relations with other family members based on love, respect, friendship and support.
2. Husband shall promote respect to mother in the family.
Wife shall promote respect to father in the family.
3. Wife and husband shall be responsible to each other and other members of the family for their behaviour in the family.
4. Wife and husband must jointly take care of the well-being of the family.
Article 56. Right of wife and husband to personal inviolability
{Title of Article 56 as worded in Law No. 524-V of 22 December 2006}
1. Wife and husband may choose their place of residence at their own discretion.
{Part 1 of Article 56 as amended by Law No. 524-V of 22 December 2006}
2. Wife and husband may take any action not explicitly prohibited by law or not otherwise in conflict with moral principles of the society to maintain their marriage.
3. Either spouse may choose to terminate the marriage.
4. Forcing to terminate or stay in marriage, or forcing to have sex through physical or psychological violence, is an abuse of the right of wife or husband to freedom and personal inviolability and may have implications envisaged by law.
{Part 4 of Article 56 as amended by Law No. 524-V of 22 December 2006}
Chapter 7
RIGHT OF WIFE AND HUSBAND TO HAVE THEIR OWN PRIVATE PROPERTY
Article 57. Property that is in private ownership of wife or husband
1. Property that is in private ownership of wife or husband includes:
1) any property acquired by them before getting married;
2) any property acquired by them in marriage under a gift agreement or as heritage;
3) any property acquired by them in marriage with their own money;
4) any accommodation acquired by them in marriage as a result of privatisation under the Law of Ukraine on Privatisation of the State Housing Stock;
{Part 1 of Article 57 supplemented with Clause 4 in accordance with Law No 4766-VI of 17 May 2012}
5) a land plot acquired by them during the marriage through privatisation of a land plot that was in their use or was obtained through privatisation of land plots owned by the state and community agricultural enterprises, or allotted from state or community-owned land as part of free privatisation as set out in the Land Code of Ukraine.
{Part 1 of Article 57 supplemented with Clause 5 in accordance with Law No. 4766-VI of 17 May 2012}
2. Personal property of wife/husband also includes personal items such as jewellery, even if acquired with money owned jointly by the spouses.
3. Bonuses and awards received by wife/husband for any personal merits shall also be deemed their own property.
Court may recognise that the other spouse is eligible to get a portion of such bonus or award if it is duly established that the actions of such other spouse (such as running errands, taking care of the children, etc.) contributed to it.
4. Money obtained as compensation for any lost or damaged belonging or compensation for the moral damage sustained by either spouse shall be in their private ownership.
5. Insurance proceeds obtained by the wife/husband under the compulsory personal insurance agreements or voluntary personal insurance agreements shall be the personal property of the wife/husband provided, however, that insurance contributions were paid with the money that was the personal property of such spouse.
{Part 5, Article 57 as worded in Law No. 524-V of 22 December 2006}
6. Court may recognise that any property acquired by either spouse while living separately from the other spouse due to the end of the marriage as such, is the private property of such spouse.
7. If any money owned by either spouse was contributed to buying the property in addition to any jointly owned money, such contributing spouse shall have the personal title to the share of the property equivalent to their contribution.
Article 58. Right to proceeds and income derived from personal property of either spouse
1. If any item owned by either spouse yields fruit or produces any return or income/dividends, such spouse shall be the owner of any such fruit, return or income/dividends.
Article 59. Exercise of the right to personal property by wife/husband
1. The spouse who is the owner of the property shall decide on the format of possession and enjoyment of such property with due regard to the interests of the family and primarily of the children.
2. Both spouses must take the interests in the child and other family members who are lawfully authorised to use their property into account when managing such property.
Chapter 8
PROPERTY JOINTLY OWNED BY THE SPOUSES
Article 60. Grounds for the spouses to acquire the right of joint property
1. Any property acquired by the spouses in marriage shall be jointly owned by the wife and the husband regardless if either spouse did not make their own income for a valid reason (studies, household matters, children care, sickness etc.).
2. Every item acquired in marriage other than individual use items shall be deemed to be jointly owned by the couple.
Article 61. Shared common property
1. Any property except for the items prohibited for civilian use may be jointly owned by the spouses.
{Part 1 of Article 61 as worded in Law No. 524-V of 22 December 2006}
{For the official interpretation of Part 1 of Article 61, see the Judgment of the Constitutional Court No. 17-rp/2012 of 19 September 2012}
2. Salary, pension, stipend and any other income obtained by either spouse shall be joint property.
{Part 2 of Article 61 as amended by Law No. 524-V of 22 December 2006}
3. In case either spouse executed an agreement to serve the interests of the family, then any money or assets, including any fees or award being the proceeds of this agreement, shall be jointly owned by the spouses.
4. Professional tools (such as musical instruments, office equipment, medical equipment etc.) acquired in marriage for either spouse shall be deemed jointly owned by the spouses.
{Part 5 of Article 61 removed under Law No. 4766-VI of 17 May 2012}
Article 62. Joint ownership of belongings previously owned by either spouse
1. If property of the wife/husband has significantly grown in value during the marriage due to shared contribution of efforts or money or contribution of the other spouse and a dispute arose in connection with any such property, the court may award that such property is in joint ownership of the spouses.
2. If either spouse contributed their efforts and/or money to the maintenance, administration or care of any property owned by the other spouse, the income, proceeds or dividends derived from this property may be recognised by the court as the joint property of the spouses.
{Article 62 supplemented with Part 2 under Law No. 524-V of 22 December 2006}
Article 63. Exercise of the right of jointly owned property by the spouses
1. The wife and the husband shall have equal rights to own, possess, use and manage any belongings owned jointly by them unless otherwise agreed by them.
Article 64. Right of spouses to execute agreements with each other
1. Wife and husband may enter with each other into any agreements not explicitly prohibited by law in regard of any property that is in their personal ownership or any property that is jointly owned by the couple.
2. Share transfer agreement for transfer by either spouse of their share of the jointly owned property to the other spouse may be executed without separation of this share.
Article 65. Right of the spouses to manage the jointly owned property
1. Wife and husband shall manage the property owned jointly by them as agreed by them jointly.
2. Where either spouse is executing any agreement, it shall be deemed that they act upon approval of the other spouse. Wife/husband may file a claim to a competent court in order to declare an agreement null and void on the grounds that it was executed without the prior consent of the other spouse, provided that this agreement lies outside the scope of the minor household matters.
3. Execution of any agreements that require notary certification and/or state registration, including any agreements that are related to any high-value assets, by either spouse requires a consent of the other spouse submitted in writing.
Consent to execution of an agreement that requires notary certification and/or state registration must be certified by a notary.
4. Any agreement executed by either spouse for the benefit of the family shall impose obligations upon the other spouse if the property acquired under such agreement is used for the benefit of the family.
Article 66. Right of the spouses to decide on the property use
1. The spouses may agree on how any property jointly owned by them will be used.
2. Agreement governing the use of a residential house, apartment, other building or structure or a land plot, shall impose obligations upon the legal successor of the spouses provided that it is duly certified by a notary.
Article 67. Right of the spouses to manage a share of the jointly owned property
1. The wife/husband may enter into an agreement for purchase, exchange, donation, perpetual maintenance/care or lien with any person regarding their share in the property jointly owned by the spouses only upon the designation and segregation of such share in kind, or upon the determination of the property use procedure.
2. The wife/husband may execute the will for their share in the property jointly owned by the spouses prior to the designation and segregation of such share in kind.
Article 68. Exercise of the right to jointly owned property following divorce
1. Dissolution of marriage shall not terminate the joint ownership of any property acquired in marriage.
2. As envisaged by the Civil Code of Ukraine, the co-owners shall manage any property that remains in their joint ownership upon divorce only on the basis of their mutual agreement.
Article 69. Right of the spouses to split the jointly owned property
1. Spouses may split the property in their joint ownership regardless of the marriage dissolution.
2. The spouses may split the property by mutual consent.
Agreement for splitting a residential house, apartment or any other real estate or for segregation of any real estate out of the couple's joint property to either spouse must be certified by a notary.
Article 70. Share of either spouse resulting from allotment of the property jointly owned by the spouses
1. If any property that is jointly owned by the spouses is divided, the shares allotted to the spouses shall be equal unless otherwise envisaged by an agreement between them or the marriage contract.
2. The court considering a dispute related to the division of the marital assets may divert from the principle of equality of the spousal shares in the light of any vital circumstances, e.g. of either spouse was not contributing to the family maintenance, was evading from contributing to the maintenance of the child/children, concealed, eliminated or caused damage to any joint assets, or used any such joint assets in a way that was detrimental to the family interests.
{Part 2 of Article 70 as amended under Law No. 62037-VIII of 17 May 2017}
3. The court may award that the share of the property owned by the wife/husband be increased if such spouse lives with the children, including the adult incapable daughter/son, provided that the amount of alimony they receive is not sufficient to support their physical and mental development and medical treatment.
Article 71. Methods and procedure for dividing the property jointly owned by spouses
1. Any property that is jointly owned by the spouses shall be divided in kind.
If the spouses have not reached agreement on how to split the assets, the dispute may be resolved in court. The court shall duly consider interests of wife, husband and children and any other circumstances of essence.
2. Items that cannot be divided shall be awarded to either spouse unless otherwise agreed between them.
3. Items intended for professional activities shall be awarded to the spouse who was using such items for their professional activities. The value of these items shall be taken into account for the purposes of awarding other assets to the other spouse.
4. Either spouse may be awarded financial compensation instead of their share of any jointly owned assets such as a residential house, apartment or land plot only upon their consent, unless where otherwise envisaged by the Civil Code of Ukraine.
5. Financial compensation may be awarded to the relevant spouse if the other spouse credits the relevant amount to the deposit account of the court in advance.
Article 72. Application of the limitation period to the claims related to division of property jointly owned by the spouses
1. The limitation period shall not apply to the claims pertinent to the division of the property jointly owned by the spouses if the marriage has not been terminated.
2. The limitation period of 3 years applies to a property division claim brought following the divorce.
The limitation period shall begin on the day when either co-owner became or could become aware of a potential violation of their property right.
Article 73. Foreclosing the property that is jointly owned by the spouses
1. Only the personal property of either spouse and their share in the property jointly owned by the spouses where such share is segregated to them in kind may be foreclosed in connection with liabilities of such spouse.
2. Property that is jointly owned by the spouses, where the competent court has established that the agreement was executed by either spouse to serve the best interests of the family and the proceeds thereunder have been used to support the needs of the family, shall not be foreclosed.
3. In case of reimbursement of damage caused by a criminal offence committed by either spouse foreclosure may apply to the property acquired during the marriage, if the court has established that the property was acquired with the proceeds of such criminal offence.
{Part 3 of Article 73 as amended by Law No. 245-VII of 16 May 2013}
Article 74. Title to property of a woman and a man who live together as a family but are not married to each other or to anyone else
{Title of Article 74 as amended by Law No. 524-V of 22 December 2006}
1. In case a woman and a man live together as a family but are not married to each other or to anyone else, any property acquired by them while living together shall be their joint property unless otherwise defined in a written agreement between them.
2. Chapter 8 of this Code shall apply to any assets jointly owned by the partners who are not married to each other nor to anyone else.
{Article 74 as amended by Law No. 524-V of 22 December 2006}
Article 75. Eligibility to spousal maintenance
1. Spouses must provide material support to each other.
2. The spouse who is incapacitated and is in need of material support shall be eligible to receive maintenance/alimony provided that the other spouse is capable of providing such support.
3. The spouse who has attained the pension age set by applicable law or has a group I/II/III disability shall be deemed incapacitated.
4. A spouse shall be deemed to be in need of maintenance, if their salary, pension, property proceeds or any other income are below the subsistence level established by law.
5. The spouse who demonstrated bad behaviour in marriage or who became incapacitated due to having committed an intentional criminal offence, provided that this has been established by the competent court, shall not be entitled to maintenance.
{Part 5 of Article 75 as amended by Law No. 720-IX of 17 June 2020}
6. The spouse who became incapacitated due to abuse by another spouse shall be entitled to maintenance regardless of the right to compensation for damage contemplated by the Civil Code of Ukraine.
Article 76. Spousal maintenance after divorce
1. Divorce shall not terminate the eligibility to maintenance that emerged during the marriage.
2. After the termination of the marriage a former spouse shall be entitled to maintenance if they became incapacitated prior to the divorce or within one year upon the day of the divorce, and is in need of material support, provided, however, that their former spouse is in position to provide such support.
A person shall also be entitled to spousal maintenance if they gained any disabilities even upon the expiry of one-year term after the divorce, if the disability has resulted from the illegal behaviour of their ex-spouse against such person committed in marriage.
3. If either partner had not more than five years left until the retirement age established by law as of the divorce, they shall be entitled to maintenance following the attainment of such retirement age provided, however, that the partners were married for at least ten years.
4. In case due to providing care for the child, household matters, providing care for the family, sickness or for any other important reasons, either spouse was not able to get an education, get employed, or take a relevant job, they shall be entitled to maintenance in connection with the divorce even when they are capable, provided that they are in need of financial support and the former spouse is capable of that.
In this case, the right to maintenance shall be effective within three years following the divorce.
Article 77. Methods to provide maintenance to either spouse
1. Maintenance shall be provided to either spouse by the other spouse in kind or as a monetary compensation as agreed by and between both spouses.
2. The court shall award alimony to either spouse – as a rule, in monetary form.
3. Alimony shall be paid on monthly basis. Alimony may be paid in advance if so agreed by the parties.
4. If the payer moves for permanent residence to any country with Ukraine has no legal aid agreement, alimony may be paid in advance for the entire duration agreed by and between the spouses or, in case of a dispute, by competent court.
Article 78. Spousal maintenance agreement
1. Spouses may enter into a maintenance agreement in order to define the alimony terms, conditions and amount. The agreement shall be made in writing and certified by a notary.
2. If the relevant spouse fails to meet their alimony obligation under the alimony agreement, alimony may be collected under an executive order of the notary.
Article 79. Duration of alimony period
1. Alimony awarded by court shall commence to accrue as of the day when the claim was filed with such court.
2. If the claimant was seeking to obtain alimony from the defendant but was not successful due to the defendant's evasion from making such payments, the court may, depending on the circumstances in the case, award that alimony shall be ordered retroactive provided, however, that such retroactive period is not longer than one year.
3. If either spouse receives alimony due to their disability, alimony shall continue to be paid until such disability persists. If a relevant documented evidence of the extended disability is provided, alimony period shall be extended accordingly without an additional court award.
Article 80. Alimony awarded to either spouse by court
1. Alimony shall be awarded to either spouse as a percentage of income of the other spouse and/or as a fixed amount.
2. Court shall award alimony to either spouse taking into account potential support from their adult daughter/son or parents and with regard to other substantive circumstances.
3. Alimony awarded by court may later be amended by court judgment based on a statement of claim filed by the payer or the receiver in case of any substantial change in their material and/or family status.
Article 81. Types of income to be considered for the purpose of alimony calculation
1. List of types of income that is considered for the purpose of awarding alimony to either spouse, children, parents or other persons is approved by the Cabinet of Ministers of Ukraine.
Article 82. Termination of the right of either spouse to maintenance
1. Right of either spouse to financial support, including to post-divorce spousal maintenance, shall terminate upon the recovery of their capacity and registration of a new marriage.
Right to allowance shall terminate as soon as any of these circumstances occur.
2. If the court-ordered alimony continues in force upon the termination of the right to maintenance, all money received as alimony shall be deemed to have been received without due legal grounds and shall be returned in full, however, for the period that is no longer than three years.
3. Right of the either spouse to the court-ordered alimony may be terminated by the court if it is found that:
1) the recipient is no longer in need of material support;
2) the payer is not capable of providing material support.
4. Right of either spouse to maintenance shall terminate in cases referred to in Articles 83, 85, 87 and 89 of this Code.
Article 83. Deprivation of the right to maintenance or its restriction by duration
1. Court may deprive either spouse of the right to maintenance or restrict its duration, if:
1) spouses were married for a short period of time;
2) the spouse who is in need of material support has become incapacitated due to a criminal offence intentionally committed by such spouse;
{Clause 2, Part 1 of Article 83 as amended by Law No. 720-IX of 17 June 2020}
3) incapacitation or serious illness of the spouse who is in need of material support was concealed from the other spouse as of the time of marriage registration;
4) alimony receiver deliberately put themselves in a position of being in need of financial support.
2. This Article shall also apply to the persons who became eligible to alimonies after divorce.
Article 84. Wife's right to spousal maintenance during pregnancy and in case of living together with the child
1. Wife shall be entitled to spousal maintenance during the period of her pregnancy.
2. Wife living with a child shall be entitled to spousal maintenance to be paid by her husband, the child's father until the child reaches the age of three.
3. If the child has any physical or mental development disorders, the wife shall be entitled to maintenance from the husband until the child reaches the age of six, provided that the child lives with the wife.
4. If the wife is pregnant and/or lives with the child regardless of her employment status or financial status, she shall be entitled to maintenance provided, however, that the husband is capable of providing such support.
5. Alimony awarded to the wife during her pregnancy shall be paid follow the childbirth without an additional court judgment.
6. The pregnant wife and the wife living with the child shall be entitled to maintenance even upon the marriage termination.
Article 85. Termination of the right to spousal maintenance
1. The wife's right to maintenance under Article 84 of this Code shall terminate in case of the pregnancy termination, if the child is born dead, given to another person for raising, or in case of the child's death.
2. The wife's right to maintenance shall terminate if her husband's name as the father was removed from the child's birth registration record under the relevant court judgment.
Article 86. Husband's right to spousal maintenance in case of being the resident parent
1. Husband living with a child shall be entitled to spousal maintenance to be paid by his wife, the child's mother, until the child reaches the age of three.
2. If the child has any physical or mental development disorders, the husband shall be entitled to maintenance from the wife until the child reaches the age of six, provided that the child lives with the husband.
3. The husband with whom the child lives shall be entitled to maintenance regardless of his employment or financial status provided, however, that the wife is capable of providing such support.
4. The husband living with the child shall be entitled to maintenance even upon the marriage termination.
Article 87. Termination of the right to spousal maintenance
1. Right to maintenance envisaged by Article 86 of this Code shall terminate if the child was given up to another person or in case of the child's death.
2. The husband's right to maintenance shall terminate if his wife's name as the mother was removed from the child's birth registration record under the relevant court judgment.
Article 88. Right to maintenance of the spouse living with a child with disabilities
1. If either spouse, whether or not capable to work, lives with a child with disabilities who requires permanent care, and provides care for such child, such spouse shall be entitled to maintenance provided, however, that the other spouse is capable of providing such support.
Right to maintenance shall continue in force throughout the entire period of living with and caring for the child with disabilities regardless of the financial status of the parent the child lives with.
2. The amount of alimony for the spouse living with the child with disabilities shall be awarded by the competent court in accordance with Part 1, Article 80 of this Code regardless of potential alimony provided by their parents or adult children.
Article 89. Termination of spousal maintenance upon mutual consent of spouses
1. Spouses and ex-spouses may enter into a maintenance termination agreement in lieu of a title to a residential house, apartment or another real estate, or a one-off payment.
The real estate title transfer agreement must be certified by a notary. Title to the real estate transferred under such agreement shall emerge immediately upon the state registration of such title in accordance with applicable law.
{Recital 2, Part 1 of Article 89 as worded in Law No. 402-VII of 4 July 2013}
2. If it has been agreed that the right to maintenance shall be terminated by the one-off payment, the agreed amount must be credited to the deposit account of the notary office or private notary before the agreement is certified.
{Part 2 of Article 89 as amended by Law No. 2435-VI of 6 July 2010}
3. Property received under the maintenance termination agreement may not be subject to foreclosure.
Article 90. Sharing of medical treatment costs
1. Wife/husband must contribute to the costs related to illness or disability of the other spouse.
Article 91. Right to maintenance if partners are not married to each other
1. If partners who are not married to each other have been living together as a family for a long time the partner who became incapable while living together shall be entitled to maintenance in accordance with Article of this Code.
2. Partners who are not married to each other shall be entitled to maintenance if they live together with their child as envisaged by Part 2 to Part 4 of Article 84 as well as Article 86 and 88 of this Code.
3. Right to maintenance shall be terminated on the grounds referred to in Part 2 and Part 4 of Article 83 as well as Article 85, Article 87 and Article 89 of this Code.
Article 92. Right to enter into a marriage contract
1. A marriage contract may be executed by and between the persons who applied for marriage registration or by and between the spouses.
2. If a party to a marriage contract is a minor, a written consent of their parents or guardians certified by a notary shall be required.
Article 93. Scope of a marriage contract
1. A marriage contract governs material relations of the spouses and defines their property rights and obligations.
2. A marriage contract may define property rights and obligations of the spouses as parents.
3. Marriage contract may not regulate personal relations of the spouses and their personal relations with their children.
4. A marriage contract may not affect the scope of rights of the child defined by this Code and may not place either spouse in an explicitly unfavourable position.
5. Real estate or any other assets title to which is subject to state registration may not be transferred to either spouse under the marriage contract.
Article 94. Form of the marriage contract
1. The marriage contract shall be made in writing and certified by a notary.
Article 95. Commencement of the marriage contract
1. If the marriage contract is executed prior to the marriage registration, it shall become effective as of the day of the marriage registration.
2. If the marriage contract is executed by the spouses, it shall become effective as of the day of certification by the notary.
Article 96. Term of the marriage contract
1. The marriage contract may envisage its overall duration as well as the duration of specific rights and obligations.
2. The marriage contract may define that the contract or any portions thereof may continue in force even upon the marriage dissolution.
Article 97. Legal provisions of the marriage contract governing the use of assets
1. The marriage contract must identify the assets provided by either spouse for the common needs of the family as well as the legal grounds for the use of any assets given to the couple on the occasion of the marriage registration.
2. The parties may come to an agreement that Article 60 of this Code shall not apply to any assets acquired by them during the marriage and that such assets shall be deemed either their common property or personal property of each one of them.
3. The parties may agree on the possible procedure for division of their assets, including in case of the marriage termination.
4. The parties may determine in the marriage contract the use of any assets owned by both of them or each one of them separately to cover any needs of their children and any other persons.
5. 5. The parties may include into the marriage agreement any other legal terms and conditions for the use of any assets provided, however, that such provisions are not in conflict with the moral principles of the society.
Article 98. Governing the use of residential property in the marriage contract
1. If one of the spouses moves into the residential property owned by the other spouse due to the marriage, the parties may define the terms and conditions for the use of such residential property in their marriage contract. The spouses may agree that the spouse who moved into the property shall move out in case of the marriage termination, with or without financial compensation as applicable.
2. The parties may agree to reside in a residential property owned by either spouse or jointly by both spouses or by any of their relatives.
Article 99. Right to maintenance in the marriage contract
1. The parties may come to an agreement that either spouse will be given maintenance regardless of their capability and need in material support on the applicable terms and conditions encompassed by the marriage contract.
2. In case the marriage contract defines terms, conditions and amount of alimony and where either spouse is in default of their obligation thereunder, alimony may be collected under the executive order issued by the notary.
3. The marriage contract may envisage that either spouse may no longer be entitled to maintenance due to any property or monetary compensation received by them.
Article 100. Amendments to terms and conditions of the marriage contract
1. Any terms and conditions of the marriage contract may only be amended if consented by both parties.
2. The spouses may amend the marriage contract. Any amendments to the marriage contract shall be certified by notary.
3. The marriage contract may be modified by the competent court on demand of either spouse if this is caused by their vital interests, interests of their children or incapable adult daughter/son.
Article 101. Right to withdraw from the marriage contract
1. Neither party may withdraw from the marriage contract unilaterally.
2. The spouses may withdraw from the marriage contract. In this case, at the couple's discretion, the applicable rights and obligations defined by the marriage contract shall terminate as of the time of execution thereof or as of the time a withdrawal notice is submitted to the notary.
{Article 101 as worded in Law No. 524-V of 22 December 2006}
Article 102. Termination of the marriage contract
1. On demand of either spouse, the marriage contract may be terminated if so decided by the competent court in connection with any reasons of essence, such as the impossibility to fulfil such contract.
Article 103. Declaration of the marriage contract as null and void
1. Upon demand of either spouse or any other person whose rights and interests are infringed under the marriage contract, the marriage contract may be declared by a competent court as null and void due to the applicable provisions envisaged in the Civil Code of Ukraine.
Chapter 11
TERMINATION OF MARRIAGE
Article 104. Grounds for termination of marriage
1. Marriage shall be terminated if either spouse is presumed dead or declared missing.
2. Marriage shall end upon its termination.
3. If either spouse died before the court judgment dissolving the marriage becomes effective it shall be deemed that the marriage was terminated by virtue of such spouse's death.
4. If either spouse died on the day when the court judgment dissolving the marriage becomes effective it shall be deemed that the marriage was terminated by virtue of dissolution.
Article 105. Termination of marriage due to dissolution
1. Marriage shall be terminated by virtue of dissolution upon an application for divorce filed by both spouses in accordance with Article 106 or by either spouse in accordance with Article 107 of this Code.
{Part 1 of Article 105 as worded in Law No. 524-V of 22 December 2006}
2. Marriage shall be terminated by competent court upon an application for divorce filed by both spouses in accordance with Article 109 of this Code.
3. Marriage shall be terminated by competent court based on a claim filed by either spouse in accordance with Article 110 of this Code.
Article 106. Marriage termination by the civil registration office upon an application filed by the spouses who do not have children
1. The spouses who do not have children may file an application for divorce with the civil registration office.
If either spouse cannot apply for a divorce at the civil registration office personally for a valid reason, the other spouse may file such application, duly certified by a notary or having an equivalent level of authorisation, on their behalf.
{Part 1 of Article 106 supplemented with a recital in accordance with Law No. 524-V of 22 December 2006}
2. The civil registration office shall execute a marriage termination certificate one month following such application provided that such application has not been withdrawn.
{Part 2 of Article 106 as amended by Law No. 2398-VI of 01 July 2010}
3. Marriage shall be terminated regardless of any property disputes between the spouses.
Article 107. Marriage termination by civil registration office as initiated by either spouse
1. The civil registration office shall terminate the marriage based on the application for a divorce filed by either spouse, in case the other spouse:
2) has been declared incapable.
{Clause 1, Part1, Article 107 removed under Law No. 2398-VI of 1 July 2010}
2. Marriage shall be terminated regardless of any property disputes between the spouses.
1. On the basis of an application filed by an interested person in accordance with Article 106 of this Code, a divorce may be declared a sham divorce based on sufficient evidence that the spouses continued living together as a family and had no intention to terminate their family relationship.
{Recital 1, Part 1, Article 108 as amended by Law No 2398-VI of 1 July 2010}
The civil registration office shall cancel the divorce registration record and Divorce Certificate based on the relevant judgment awarded by the competent court.
Article 109. Divorce awarded by the competent court based on the application of the spouses who have children
1. Spouses who have children may file to a competent court a divorce application supported by an agreement made in writing and detailing with whom the children live following the divorce, what is the extent of participation of the other parent in their support, as well as the other parent's right to personal care for the children.
2. The child support agreement between the spouses must be certified by the notary. In case of a default under the child support agreement, child support payments may be collected under an executive order of the notary.
3. The competent court shall award a divorce if it is established that the divorce application is in line with the genuine intent of the wife and husband and that their personal and property rights, as well as the rights of their children, will not be affected by divorce.
4. The competent court shall award a divorce one month following the submission of the divorce application. The wife and husband may withdraw their divorce application pending the expiry of this period.
Article 110. Right to apply for a divorce
1. Either spouse may apply for a divorce.
3. Application for a divorce may not be filed during the wife's pregnancy and within one year upon the childbirth, except where either spouse is demonstrating illegal behaviour that may be classified as a criminal offence against the other spouse or the child.
{Part 2, Article 110 as amended by Law No. 245-VII of 16 May 2013}
3. The husband/wife may apply for a divorce during the wife's pregnancy if other person has acknowledged the paternity regarding the conceived child.
4. The husband/wife may apply for a divorce before the child reaches the age of one year if the paternity regarding such child has been acknowledged by another person or if the court awarded an order to remove the name of the husband as the child's father from the childbirth registration record.
5. The custodian may file a divorce petition for the sake of the spouse recognised as incapacitated.
Article 111. Measures were taken by the court to reunite the couple
1. The court shall attempt to facilitate the reunification of the couple through measures that are not in conflict with the moral principles of the society.
Article 112. Grounds for divorce applied for by either spouse
1. The court shall investigate the actual relationship of the spouse and genuine grounds for filing for a divorce with due regard to whether the spouses have a minor child, a child with disabilities, or any other important factors.
2. The court shall grant a divorce if it has established that living as a family and saving the marriage would be in conflict with the essential interests of either spouse or the interests of their children.
Article 113. Option to choose last name following divorce
1. The person who changed their last name following the marriage registration may choose to continue using that last name or revert to their pre-marriage last name.
Article 114. Time of marriage termination
1. In case of divorce registration by the state civil registration office, the marriage shall be deemed terminated as of the day of divorce registration.
{Part 1, Article 114 as worded in Law No. 524-V of 22 December 2006}
1. In case of divorce granted by the court, the marriage shall be deemed terminated as of the effective date of the court judgment awarding the divorce.
Article 115. State registration of divorce
1. Divorce awarded in accordance with Article 106 and Article 107 of this Code must be registered with the state civil registration office.
2. Upon becoming legally effective and enforceable, the court judgment awarding divorce shall be sent by the court to the state civil registration office with the purpose of making the relevant record in the State Civil Status Register and making a relevant note on the marriage registration record.
3. Divorce awarded by the state civil registration office shall be certified by the Divorce Certificate the template of which shall be approved by the Cabinet of Ministers of Ukraine.
The court judgment awarding a divorce that has become fully effective and enforceable shall be the document certifying the divorce awarded by court.
{Article 115 as worded in Law No. 2398-VI of 1 July 2010}
Article 116. Right to re-marry after divorce
1. A person may marry again following the marriage termination certified by the Divorce Certificate or the relevant court judgment that has become fully effective and enforceable.
{Part 1 of Article 116 as amended by Law No. 2398-VI of 01 July 2010}
{Article 117 removed under Law No. 524-V of 22 December 2006}
Article 118. Marriage restoration if the person declared missing or presumed dead is back
1. If the person presumed dead has been found to be alive and the relevant court judgment has been cancelled and the death record has been revoked, their marriage with the other spouse shall be restored provided, however, that neither of them has remarried since.
{Part 1 of Article 118 as worded in Law No. 524-V of 22 December 2006}
2. If the person who was declared missing has been found and the relevant court judgment has been cancelled, their marriage with the other spouse may be restored if both spouses apply for it and provided that none of them has remarried since.
3. In the case referred to in Part 2 of this Article the state civil registration office shall revoke the marriage termination record and the relevant certificate associated with it.
{Part 3 of Article 118 as worded in Law No. 524-V of 22 December 2006}
Article 119. Spouses living apart
1. Based on an application filed by both spouses or a claim filed by either spouse the court may award a judgment for the couple to live apart if living together is not possible or either spouse opposes it.
2. Living apart shall terminate if the family relations are resumed or by the court judgment based on the application filed by either spouse.
Article 120. Legal consequences in case of the spouses living apart
1. Living apart shall not terminate the spousal rights and obligations that are established under this Code and that the wife and the husband had prior to living apart, including any rights and obligations envisaged by the marriage contract.
2. In case the spouses are living apart:
1) any property that might be later acquired by the wife and the husband shall not be deemed as acquired in marriage;
2) the child born to the wife ten months after shall not be deemed the child of her husband.
{Recital 3, Part 2, Article 120 removed under Law No. 524-V of 22 December 2006}
Section III
RIGHTS AND OBLIGATIONS OF THE MOTHER, FATHER AND CHILD
Chapter 12
ESTABLISHING PARENTAGE
Article 121. General grounds for rights and obligations of the mother, father and child
1. Rights and obligations of the mother, father and child are based on their parentage as certified by the state civil registration office in accordance with Article 122 and Article 125 of this Code.
Article 122. Establishing parentage if the mother and father are married
1. The child who was conceived and/or born during the marriage shall be the child of the spouses.
Parentage shall be established on the basis of the Marriage Certificate and the documented evidence of the child's birth to the wife issued by the healthcare facility.
2. The child born within ten months following the marriage termination of annulment shall be deemed to be the child of the spouses.
{Part 2 of Article 122 as amended by Law No. 524-V of 22 December 2006}
3. In case the child was born within ten months following the marriage termination, the spouses or former spouses may file to the state civil registration office a joint statement of non-acknowledgement the husband or former husband as the child's father. Such a claim may only be granted if another person and the child's mother filed a parentage acknowledgement statement.
In case the child was born within ten months following the marriage termination due to death of the husband, parentage may be established on the basis of the joint statement of the mother and the man who claims to be the father.
{Part 3 of Article 122 as worded in Law No. 524-V of 22 December 2006}
Article 123. Establishing parentage when the child was born due to the use of auxiliary reproductive technology
1. If the wife gives birth to the child conceived with the use of auxiliary reproductive technology applied with the written consent of her husband, the husband shall be registered as the father of the child.
2. In case of placing a human embryo conceived by the spouses (husband and wife) into the uterus of of other women with the use of auxiliary reproductive technologies, the spouses shall be deemed the parents of the child.
{Part 2 of Article 123 as amended by Law No. 3760-VI of 20 September 2011}
3. The spouses shall be recognised as the parents of the child born to the wife upon the transfer of the human embryo conceived by her husband and another woman with the use of auxiliary reproductive technology.
{Article 123 as worded in Law No. 524-V of 22 December 2006}
Article 124. Establishing paternity in case of the re-marriage registration
1. If the child was born within ten months upon the marriage termination or annulment, but in any case following the registration of the marriage of the child's mother to another person, the husband of the child's mother in that new marriage shall be deemed the child's father.
Paternity of the former husband may be established based on the joint statement filed by him and the new husband or based on the appropriate court award.
Article 125. Establishing parentage when the child's parents are not married
1. When the child's mother and father are not married to each other, maternity shall be established on the basis of the document issued by the healthcare facility and certifying the childbirth by the mother.
2. When the child's mother and father are not married to each other, paternity shall be established as follows:
1) based on the application of the child's mother and father;
{Clause 2, Part 2, Article 125 removed under Law No. 2398-VI of 1 July 2010}
Article 126. Establishing paternity based on the application of the woman and the man who are not married to each other
1. Paternity shall be established on the basis of the application of the woman and the man who are not married to each other. Such application may be submitted to the state civil registration office prior to or following the childbirth.
2. If the application for establishing paternity was filed by an underage person, the state civil registration office shall notify the parents, guardian or caregiver of such underage applicant of him being registered as the father of the child. Where it is not possible to give such notice to the parents, guardian or caregiver of the underage person, the state civil registration office must notify the guardianship agency of such underage person being registered as the father.
{Part 2 of Article 126 as amended by Law No. 524-V of 22 December 2006}
3. In case the application for establishing paternity cannot be filed personally, it may be filed by a proxy or delivered by mail, provided, however, that it is certified by a notary. Authorisations of the proxy must be certified by a notary.
{Part 3 of Article 126 as amended by Law No. 524-V of 22 December 2006}
{Article 127 removed Law No. 2398-VI of 1 July 2010}
Article 128. Paternity recognised by court
1. If no application referred to in Article 126 of this Code has been submitted, paternity regarding the child may be recognised by the court.
{Part 1 of Article 128 as worded in Law No. 2398-VI of 1 July 2010}
2. Grounds for recognising paternity shall be any evidence of the certain person being the father of the child, where such evidence is collected in accordance with the Civil Procedure Code of Ukraine.
3. A paternity recognition claim may be submitted by the child's mother, custodian, caregiver, or the child themselves upon attaining the age of majority.
A paternity recognition claim may be filed by the person who claims to be the child's father.
4. The court shall accept the paternity recognition claim if the record on the child's father on the Birth Registration Book was made in accordance with Part 1, Article 135 of this Code.
Article 129. Paternity dispute between the husband of the child's mother and a person who claims that he is the father of the child
1. A person who claims that he is the father of the child born by a woman who was married to another man at the time of the child's conception or birth, may file a paternity claim against her husband if he is registered as the child's father.
2. The limitation period of one year shall apply to the paternity recognition claim, such limitation period commencing on the day when the person became or could become aware of being the child's mother.
Article 130. Paternity established by court
1. In case of death of a man who was not married to the child's mother his paternity may be established by a competent court.
The court shall accept paternity application if the record on the child's father on the Birth Registration Book was made in accordance with Part 1, Article 135 of this Code.
2. Paternity application may be filed by the persons referred to in Part 3, Article 128 of this Code.
Article 131. Maternity acknowledged by court
1. A person who claims to be the child's mother may file an application to establish their maternity if the record on the child's mother was made in accordance with Part 2, Article 135 of this Code.
Article 132. Maternity established by court
1. In case of death of a woman who claimed to be the child's mother her maternity may be established by court.
The court shall accept an application for establishing maternity if the record on the child's mother on the Birth Registration Book was made in accordance with Part 2, Article 135 of this Code.
2. An application to establish maternity may be submitted by the child's father, custodian, caregiver, or the child themselves upon attaining the age of majority.
Article 133. Registering the spouses as the child's parents
1. If the child was born in wedlock, the wife shall be registered as the mother and the husband shall be registered as the father.
Article 134. Amendments to the registration record in case of paternity/maternity recognition
1. The state civil registration office shall, on the basis of applications filed by the persons referred to in Article 126 of this Code or the appropriate court judgment, make relevant amendments to the birth registration record made by the Ukrainian state civil registration office, and shall thereafter issue a new Birth Certificate.
{Article 115 as worded in Law No. 2398-VI of 1 July 2010}
Article 135. Record of the child's parents is paternity/maternity is not established
1. If the child is born to a mother who is not married or in the absence of a joint application of the parents or the father or the appropriate court judgment, the mother's last name and citizenship shall be entered in the Birth Registration Book for the child as the relevant information about their father; first name and patronymic of the child's father shall be entered as specified by the child's mother.
{Recital 1, Part 1, Article 135 as amended by Law No 2398-VI of 1 July 2010}
In case of death of the mother or where it is not possible to establish her place of residence or location, a record of the child's mother and father shall be made in accordance with this Article based on application or the child's relatives or duly authorised representative of the medical facility where the child was born.
{Recital 2, part 1, Article 135 as amended by Law No. 1276-VI of 16 April 2009}
2. If the child's parents are unknown, state registration of the child's birth shall be conducted based upon the relevant decision of the guardianship agency regarding the child's first name, patronymic and last name and information about their parents.
{Part 2 of Article 135 as worded in Law No. 2398-VI of 1 July 2010}
Article 136. Parenting challenged by a person registered as the child's father
1. A person registered as the child's father as envisaged by Article 122, Article 124, Article 126 and Article 127 of this Code may challenge his parenting by submitting a claim to remove his name as the father from the child's birth registration record.
2. If it has been established that there is no biological linkage between the person registered as the child's father and the child, the competent court shall award that the name of this person as the child's father is removed from the child's birth registration record.
3. Paternity may only be challenged upon the birth of the child and before the child attains the age of majority.
4. Paternity may not be challenged after the death of the child.
5. Paternity may not be challenged by the person registered as the child's father may not challenge their paternity if at the time of being registered as the child's father he was aware that he was not the child's father, nor by the person who agreed to the use of auxiliary reproductive technologies as referred to in Part 1, Article 123 of this Code.
{Part 5 of Article 136 as worded in Law No. 524-V of 22 December 2006}
6. Limitation period shall not apply to the claim of the man to remove his name as the father from the childbirth registration record.
Article 137. Challenging paternity after death of the person registered as the child's father
1. If the person registered as the child's father died before the child's birth, his paternity may be challenged by their heirs provided that such person submitted a paternity denial statement to a notary before their death.
2. If the person registered as the child's father died after submitting a claim to get his name as the child's father removed from the child's birth registration record, the claim may thereafter be supported by heirs of such person.
3. In case the person was not, for valid reasons, aware that their name was recorded as the child's father, and such person died, his paternity may be challenged by their heirs, including but not limited to their wife, parents and children.
4. Limitation period shall not apply to the claim to remove the person's name as the father from the childbirth registration record.
Article 138. Right of the child's mother to challenge the paternity of her child
1. A woman who gave birth to a child in wedlock may challenge the paternity of her husband by submitting a claim to get his name as the child's father removed from the child's birth registration record.
{Part 1 of Article 138 as amended by Law No 3497-IV of 23 February 2006}
2. A claim submitted by the mother to get the name of her husband as the child's father removed from the child's birth registration record may be satisfied only if the paternity is claimed by another person.
3. Limitation period of one year shall apply to the mother's claim to make any changes in the childbirth registration record, such limitation period to commence on the day of the childbirth registration.
Article 139. Maternity dispute
1. The woman who is registered as the mother of the child may challenge her maternity.
2. The woman who claims to be the child's mother may file a lawsuit against the woman registered as the child's mother in order to get the maternity recognition award. Maternity may not be challenged in the cases referred to in Part 2 and Part 3 of Article 123 of this Code.
3. The limitation period of one year shall apply to the maternity recognition claim, such limitation period commencing on the day when the person became or could become aware of being the child's mother.
Article 140. Challenging the paternity/maternity of the person who pays child support as awarded by the court
1. Collecting the child support from the person registered as the father/mother shall not impede filing a claim to a court in order to get such person's name as the child's father/mother removed from the child's birth registration record.
Chapter 13
PERSONAL NON-PROPERTY RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
Article 141. Equality of rights and obligations of the parents in regards to the child
1. The mother and the father shall have equal rights in regards of the child whether or not they were married to each other.
2. Termination of the marriage between the parents or them living apart from the child shall not affect the scope of their rights and shall not release them from their duties in regards of the child unless where otherwise governed by Part 5, Article 157 of this Code.
{Part 2 of Article 141 as amended by Law No. 2234-VIII of 7 December 2017}
Article 142. Equality of rights and obligations of the children in regards to the parents
1. The children shall have equal rights in regards to the parents whether or not they were married to each other.
Article 143. Obligation of the parents to take the child from the maternity hospital or other health care facility
1. The mother and the father of the child who are married to each other must take the child from the maternity hospital or other health care facility.
2. The unmarried mother must take the child from the maternity hospital or other health care facility.
The father who is not married to the child's mother and whose name appears on the child's birth certificate as the father or whose paternity is recognised by the court, must, when given a notice by the child care authorities according to the applicable procedure established by the Cabinet of Ministers of Ukraine, take the child from the maternity hospital or other healthcare facility if not otherwise done by the mother, and raise and bring the child up. If the father is unmarried, he shall get the status of a single father.
{Part 2 of Article 143 supplemented with recital 2 under Law No. 3354-VI of 12 May 2011}
3. The parents may leave the child in the maternity hospital or other healthcare facility if the child has significant defects of physical and/or mental development or for other significant reasons.
4. In case the parents did not take the child from the maternity hospital or other healthcare facility, the child may be taken by the grandparents or other relatives upon the approval of the guardianship agency.
Article 144. The obligation of the parents to register the birth of the child with the state civil registration office
1. The parents must immediately, but in any case not later than one months following the child's birth date, get the child's birth registered with the state civil registration office.
A failure to comply with this obligation shall impose implications envisaged by applicable law.
2. In case of death of the parents or where they are otherwise unable to register the child's birth, the child's birth shall be registered based upon the application of the relatives, other persons, or duly authorised representative of the health care facility where the child was born or where the child currently is.
3. The child's birth shall be registered by the state civil registration office that shall concurrently decide on the child's origin, last name, first name and patronymic.
4. Registration of the child's birth shall be certified by the Birth Certificate the template for which shall be approved by the Cabinet of Ministers of Ukraine.
Article 145. Giving the child's last name
1. The child shall receive the last name of their parents.
If the child's parents have different last names, the child's last name shall be assigned upon their consent.
2. Parents who have different last names may give a double last name to the child that would be a combination of their last names.
3. A dispute between the parents regarding the child's last name may be resolved by a custodianship agency or the competent court.
Article 146. Giving the child's first name
1. The child shall receive the last name of their parents.
In the absence of voluntary paternity recognition, the name of the child born to a woman who is not married shall be given by the child's mother.
2. The child may be given no more than two names, unless otherwise derives from the customs of the ethnic minority to which their mother and/or father belongs.
3. A dispute between the parents regarding the child's first name may be resolved by a custodianship agency or the competent court.
Article 147. Patronymic of the child
1. The child's patronymic shall derive from the first name of their father.
2. Patronymic of the child born to an unmarried woman shall derive from the name of the person named by the child's mother as the father, provided that the paternity has not been acknowledged.
Article 148. Change of the child's last name by their parents
1. In the event that both parents change their last name the last name of the child under the age of seven shall be changed as well.
2. In the event that both parents change their last name the last name of the child who has reached the age of sever shall be changed subject to the child's consent.
3. In the event that either parent changes their last name the last name of the child may be changed subject to the consent of both parents and the child if the child has reached the age of seven.
4. Upon request of both parents or either parent if the other parent died, was presumed dead or declared incapable or missing, the child who has not reached the age of fourteen and who received the last name of either parent during the birth registration may opt to change their last name to the last name of other parent.
{Article 148 supplemented with a Part under Law No. 524-V of 22 December 2006}
5. In case either parent objects to the change of the child's last name, the dispute regarding such change may be resolved by the guardianship agency. The dispute shall be resolved taking into consideration the degree of care the parents are giving to the child and any other circumstances that support the relevance of the last name's change to the best interests of the child.
Article 149. Change of first name and/or last name and/or patronymic by the child
1. The child who has reached the age of sixteen may at their own discretion change their first name and/or last name and/or patronymic by the child.
2. The child who has reached the age of fourteen may change their patronymic with the consent of their parents.
If the child who has reached the age of fourteen is placed in custody, change of the first name, last name and/or patronymic of the child requires the approval of the caregiver.
3. The child who has reached the age of fourteen may change their patronymic with the consent of either parent in case the other parent died, was declared missing, was presumed dead, was declared as having limited capability or incapable, or their parenting rights regarding this child were terminated, or if the name of the child's mother/father was removed from their birth registration record, or if the name of the husband as the child's father was entered into their birth registration record upon application submitted by the mother.
4. In case either parent objects to the change of the child's patronymic, the dispute regarding such change may be resolved by the guardianship agency. The level of care provided by the parent for the child and other factors that demonstrate the relevance of the patronymic change to the child's interests shall be taken into consideration for the dispute resolution purposes.
{Article 149 as worded in Law No. 942-IX of 03 November 2020}
Article 150. Duty of the parents to educate and develop the child
1. The parents must educate the child to be respectful for the rights and freedoms of others, and love their family, nation and country.
2. The parents must care for the child's health and their physical, mental and moral development.
3. The parents must make sure that the child gets complete general secondary education and is ready to live separately.
4. The parents must respect the child.
5. Giving custodial authority to other persons shall not release the parents of the parental care duty.
6. All forms of the child exploitation by the parents shall be prohibited.
7. Physical punishment of the child by the parents, including the use of any other forms of punishment that are humiliating human dignity, shall be prohibited.
Article 151. Child rearing rights of the parents
1. The parents shall have a priority over other persons for personal rearing of their child.
2. The parents may involve others in bringing up their child and give the child for upbringing to individuals and legal entities.
3. The parents may choose the child rearing forms and methods to an extent these are not in conflict with the law and moral principles of the society.
Article 152. Child's right to proper parental care
1. Child's right to proper parental care shall be ensured by the state control envisaged by the applicable law.
2. The child may oppose improper parenting regarding themselves.
3. The child may address the guardianship agency, other state authorities, local governments and NGOs for the protection of their rights and interests.
4. The child may go to a court for the protection of their rights and interests if the child has reached the age of fourteen.
Article 153. Right of the parents and the child to communicate
1. The mother, the father and the child have the right to directly communicate with each other unless where such right is restricted by law.
{Article 153 as worded in Law No. 524-V of 22 December 2006}
Article 154. Right of the parents to protect their child
1. The parents shall have the right to protect their child/adult child.
2. The parents may apply to the court, state authorities, local governments and NGOs for the protection of the rights and interests of the child, including an incapacitated child, as their lawful representatives; this shall not require any special authorisations.
3. The parents may apply for the protection of the rights and interests of the children even when the children may seek such protection themselves under the applicable law.
Article 155. Exercise of parental rights and parental obligations
1. The parents shall exercise their rights and obligations based on the principle of respect to the child's rights and their human dignity.
2. Parental rights may not be exercised in conflict with the child's interests.
3. Rejection of the child by the parents is illegitimate and is in conflict with the moral principles of the society.
4. Evasion of parental obligation may lead to being hold liable in accordance with the applicable law.
Article 156. Rights and obligations of the underage parents
1. The underage parents shall have the same scope of rights and obligations regarding the child as the adult parents, and may exercise such rights at their own discretion.
2. The underage parents who have reached the age of fourteen may seek the protection of their child's rights and interests in court.
3. The underage parents shall be entitled to free legal aid.
Article 157. Resolution of disputes regarding the child
1. Any child-rearing matters shall be decided by the parents jointly except where otherwise governed by Part 5 of this Article.
{Part 1 of Article 157 as amended by Law No. 2234-VIII of 7 December 2017}
2. The non-resident parent must be involved in the child-rearing and shall be entitled to personally communicate with the child.
3. The resident parent may not impede the non-resident parent to communicate with the child and get involved in their upbringing, provided that such communication does not impair the normal development of the child.
4. The parents may enter into an agreement to govern the scope of parental rights and obligations for the non-resident parent. The agreement shall be executed in writing and must be certified by the notary.
{Recital 1, Part 4, Article 157 as amended under Law No. 1397-VI of 21 May 2009}
If the resident parent evades from duly performing under the agreement, they shall reimburse any material and moral damage made to the other parent.
5. The parent who was awarded to be the resident parent by the court judgment or opinion of the guardianship agency, except the parent being subjected to the enforcement of the judgment regarding the child visitation and removing obstacles to the child visitation, shall, at their own discretion, resolve any matters related to travelling outside Ukraine for no longer than one month for the purpose that includes medical treatment, education, participation of the child in children's competitions, festivals, scientific shows, student Olympiads and contests, environmental, technical, art, tourism, research and sports events, child's recreation abroad, including as part of an organised tour, and if they are aware of the place of residence of the other parent who is duly performing their parental duty, shall notify such other parent by sending them a postage-prepaid letter about the child temporarily traveling outside Ukraine; such notice shall include the purpose of travel, travel destination and period of stay in the destination country.
The parent who was awarded to be the resident parent by the court judgment or opinion of the guardianship agency shall, at their own discretion, resolve any matters related to travelling outside Ukraine for one month and longer for the purpose that includes medical treatment, education, participation of the child in children's competitions, festivals, scientific shows, student Olympiads and contests, environmental, technical, art, tourism, research and sports events, child's recreation abroad, including as part of an organised tour, in case of:
1) any child support in arrears where the total amount in arrears exceeds the amount of the relevant payments for four months as evidenced by the child support arrears certificate;
2) any child support in arrears where the total amount in arrears exceeds the amount of the relevant payments for three months in case the child support is paid in support of the child with disabilities or the child having serious perinatal damage of the nervous system, serious inborn developmental defects, rare orphan disease, cancer, blood cancer, cerebral palsy, serious mental disorders, Type 1 diabetes (insulin-dependent), acute or chronic kidney injury (level IV); or for the support of the child who received a serious injury, is in need for organ transplantation or is in need of palliative care as confirmed by the document issued by the medical advisory board of the medical treatment facility in accordance with the applicable guidelines issued by the central executive agency making and implementing the state healthcare policy.
The non-resident parent who is duly performing their parental duties and has no child support in arrears shall give written notice, return receipt requested, to the resident parent confirming their consent to the child travelling outside Ukraine for the purpose that includes medical treatment, education, participation of the child in children's competitions, festivals, scientific shows, student Olympiads and contests, environmental, technical, art, tourism, research and sports events, child's recreation abroad, including as part of an organised children's tour.
If the resident parent does not give a consent certified by a notary for the child to travel abroad for the designated purpose within ten days upon receiving the notice by certified mail, the non-resident parent, provided that they do not have any child support payments in arrears, may request the court to award the permission for the child to travel abroad without the consent of the other parent.
The child support arrears certificate shall be issued by the state executive office in accordance with the applicable law.
{Article 157 supplemented with Part 5 under Law No. 2234-VIII of 7 December 2017; as worded in Law No. 2475-VIII of 3 July 2018}
Article 158. Resolution by the guardianship agency of a dispute related to the participation of the non-resident parent in the child-rearing
1. Based upon the application filed by the child's mother/father, the guardianship agency shall determine the forms of participation in the child-rearing for the non-resident parent.
Guardianship agency shall award the decision following the survey of the parents' living conditions, their attitude to the child and any other relevant circumstances.
2. The decision awarded by the guardianship agency shall be binding. The person who is evading from complying with the decision of the guardianship agency must reimburse the material and moral damage sustained by the non-resident parent.
Article 159. Resolution by the court of a dispute related to the participation of the non-resident parent in the child-rearing
1. If the resident parent is opposing the communication between the child and the non-resident parent and the involvement of the non-resident parent in the child-rearing, in particular, when such resident parent is not willing to comply with the decision awarded by the guardianship agency, the other parent may seek the removal of such obstacles in court.
2. The court shall determine the forms of participation of either parent in the child-rearing (such as periodical or systematic visitation, travelling together, the child visiting the home of such parent, etc.) as well as the venue and time of their communication.
{Recital 1, Part 2, Article 159 as amended under Law No. 1397-VI of 21 May 2009}
In specific cases where this is caused by the child's interests, the court may award that the visitations must be in presence of another person.
A dispute regarding the participation of either parent in child-rearing shall be resolved with due regard to the parent's attitude to their duties, personal affection of the child to each parent, age and health of the child as well as any other important circumstances, including the mental health status and alcohol or drug abuse by either parent.
{Part 2 of Article 159 supplemented with recital 3 in accordance with Law No. 1397-VI of 21 May 2009}
3. Based upon an application filed by the interested party the court may suspend the enforcement of the decision made by the guardianship agency pending the dispute resolution.
4. If the resident parent is not willing to comply with the court judgment, the court, based on the application filed by the non-resident parent, may award that the child shall live with such parent.
5. The person who is evading from complying with the court judgment must reimburse the material and moral damage sustained by the non-resident parent.
Article 160. Right of the parents to determine the child's place of residence
1. Place of residence of the child under the age of ten shall be determined mutually by the parents.
2. Place of residence of the child who has reached the age of ten shall be determined mutually by the parents and the child.
3. In case the parents live separately, the child who has reached the age of fourteen shall determine their place of residence at their own discretion.
Article 161. Dispute between the mother and the father regarding the place of residence of the minor
1. In case the mother and the father who live separately are unable to reach an agreement on with whom the minor will live, the dispute may be resolved by the guardianship agency or the court.
The dispute regarding the place of residence of the minor shall be resolved with due regard to the parents' attitude to their duties, personal affection of the child to each parent, age and health of the child as well as any other important circumstances.
2. The guardianship agency or the court may not award custody to the parent who has no income, is an alcohol or drug addict, and whose amoral behaviour may be detrimental to the child's development.
3. If the guardianship agency or the court acknowledged that neither parent is capable of providing appropriate conditions for the child's development the custody of the child may be awarded to the grandparents or any other relatives involved based upon their application.
In case the custody of the child may not be awarded to any of these persons, the court shall, on demand of the guardianship agency, award the child to be taken from the person the child lives with and be given in custody of the guardianship agency.
{Article 161 as worded in Law No. 524-V of 22 December 2006}
Article 162. Legal consequences of unlawful behaviour of either parent or any other person regarding the minor's place of residence
1. If either parent or any other person has, without the authorisation of the other parent or other persons with whom a minor was living on the basis of the applicable law or by virtue of the court order, or a child care facility where the child was living based on the decision of the guardianship agency, changes the minor's place of residence, including by way of kidnapping, the court may be based on a complaint filed by the interested person, immediately order to get hold of the child and return the child to the previous place of residence.
{Recital 1, Part 1, Article 162 as amended under Law No. 1397-VI of 21 May 2009}
The child may be not returned only if placing them to the previous place of residence will pose a real threat to their life and health, or where the circumstances changed in a way that returning would be in conflict with the child's interests.
{Recital 2, Part 1, Article 162 as amended under Law No. 1397-VI of 21 May 2009}
2. The person who changed the minor's place of residence without a due authorisation must reimburse the material and moral damage made to the person with whom the minor lived.
Article 163. Right of the parents to take the minor away from other persons
1. The parents shall have a prevailing right over any other persons to have the minor live with them.
2. The parents may demand taking the minor away from any person who keeps the minor with them other than under the applicable law or a court award.
3. The court may reject taking the minor away and handing the minor over to either parent or both parents if this is in conflict with the minor's interests.
Article 164. Grounds for termination of parental rights
1. The court may terminate parental rights of either parent if such parent:
1) did not take the child from the maternity hospital or any other healthcare facility without a valid reason and was not providing any parental care to the child within six months;
2) evades their duties regarding the child's upbringing and/or their complete general secondary education;
{Clause 2, Part 1, Article 164 as amended by Law No. 463-IX of 16 January 2020}
4) is a chronic alcoholic or drug addict;
5) exploits the child in any way, including forcing the child into begging and vagrancy;
6) was convicted for committing an intentional criminal offence against the child.
{Clause 6, Part 1, Article 164 as amended by Law No. 245-VII of 16 May 2013}
2. The mother/father may be deprived of parental rights under Clauses 2, 4 and 5, Part 1 of this Article only upon reaching the age of majority.
3. The mother/father may be deprived of parental rights pertinent to all of their children or some of them.
4. When passing an award on termination of parental rights, the court shall consider social support for the family/person where such support was provided.
{Article 164 supplemented by a new Part in accordance with Law No. 68-VIII of 3 September 2015}
5. If the court reveals any signs of a criminal offence in actions taken by both parents or either parent when considering termination of parental rights, the court shall give a written notice of the same to the pre-trial investigation office that shall initiate pre-trial investigation following the procedure set forth by the Criminal Procedure Code of Ukraine.
{Part of Article 164 as amended by Law No. 4652-VI of 13 April 2012}
6. Once the court judgment on termination of parental rights becomes effective, the court shall send such judgment to the state civil registration office at the place of the child's birth registration.
{Article 164 supplemented with a new Part under Law No. 2710-IV of 23 June 2005}
Article 165. Persons who may initiate termination of parental rights in court
1. Either parent, guardian, caregiver, foster parent, health care facility, educational setting or any other child care centre where the child is staying, guardianship agency, prosecutor, or the child themselves provided they have reached the age of fourteen, may file a claim to a court to terminate parental rights.
{Article 165 as amended by Law No 3497-IV of 23 February 2006}
Article 166. Legal consequences of termination of parental rights
1. Person whose parental rights were terminated shall:
1) lose any and all personal non-property rights related to the child and shall be released from the duty to upbring the child;
2) cease to be the legitimate representative of the child;
3) lose the right to any benefits and state support provided to families with children;
4) not be allowed to be an adoptive parent, custodian or caregiver;
5) may not acquire the property rights related to parenthood that they would be eligible to acquire in case of their incapacity (including but not limited to the right to maintenance from the child, right to a pension, right to damage compensation in case of loss of the caregiver, and right of inheritance;
6) lose any other rights that are based on the consanguinity with the child.
2. A person whose parental rights are terminated shall not be released from a duty to maintain the child.
{Recital 2, Part 2, Article 166 removed under Law No. 1370-VIII of 17 May 2016}
3. If the court passes the judgment to terminate parental rights, it shall concurrently award an order to collect the child support payment. When the mother, father or other legal representatives of the child refuse to receive child support from the person whose parental rights are terminated, the court shall award an order that the child support is transferred to the child's personal account with the State Savings Bank of Ukraine, and shall oblige the mother, father or other legal representatives of the child to open such personal account within one month upon the entry into force of such court award.
{Article 166 supplemented with Part 3 under Law No. 1370-VIII of 17 May 2016}
Article 167. Custody of the child when parental rights of their parents were terminated
1. If the child used to live with the parent whose parental rights are terminated, the court shall investigate whether they can continue living in the same residential property.
2. The court may award an order that the parent whose parental rights are terminated must move out of the residential property provided that it has been established that they have other residential property where they can move in, or award an order to divide or exchange such property.
3. Upon request of the other parent, the child may be given to them.
4. If the child cannot be given to the other parent, the grandparents, adult siblings, other relatives of the child including step-parents shall have a preferential right for raising the child, upon their written request.
{Part 4 of Article 167 as worded in Law No 524-V of 22 December 2006}
5. If the child cannot be given to the grandparents, adult siblings, other relatives of the child including step-parents, they shall be given to the guardianship agency.
{Part 5 of Article 167 as worded in Law No. 524-V of 22 December 2006}
6. The child who has been given to their relatives, step-parents or the guardianship agency shall have the right to continue living in the residential property where they used to live in, and may return to such property at any given time.
7. The procedure for taking the child away shall be established by applicable law.
Article 168. Visitation of the child by the mother/father whose parental rights were terminated
1. The mother/father whose parental rights were terminated may apply to court for a permission to see the child.
Court may allow one-time or periodical visits of the child provided that this will not pose a threat to the child's life, health and morality, and provided that another person would be present during such visits.
Article 169. Reinstatement of parental rights
1. The mother/father whose parental rights were terminated may apply to court for the reinstatement of their parental rights.
2. Parental rights may not be reinstated if the child has been adopted and such adoption has not been annulled or declared void by the court.
3. Parental rights may not be reinstated if the child has reached the age of majority at the time of the court proceedings.
4. The court shall verify the extent to which the behaviour of the person whose parental rights were terminated has changed as well as investigate the circumstances that led to the termination of parental rights, and shall award a judgment that suits the child's interests.
5. When passing a judgment on reinstatement of parental rights of either parent, the court shall consider the opinion of other parent or any other persons with whom the child lives.
6. Once the court judgment on reinstatement of parental rights becomes effective, the court shall send such judgment to the state civil registration office at the place of the child's birth registration.
{Article 169 supplemented with a new Part under Law No. 2710-IV of 23 June 2005}
7. If the petition to reinstate parental rights was dismissed, the petition may be re-submitted again one year upon the effective date of the court judgement dismissing such petition.
Article 170. Taking the child away from the parents without the termination of parental rights
1. The court may award an order to take the child away from the parent(s) without terminating their parental rights in cases referred to in Clauses 2 to 5, Part 1, Article 164 of this Code, and in other cases where leaving the child with them poses a threat to the child's life, health and morality.
The child shall be given to the other parent, grandparent(s) or other relatives who intend to do so, or the guardianship agency.
When awarding an order to take the child from the parent(s) without the termination of their parental rights, the court shall also consider the social support provided to the family/person, if any.
{Part 1 of Article 170 supplemented with recital 3 in accordance with Law No. 668-VIII of 3 September 2015}
2. In exceptional cases where there is a direct threat to the child's life or health, the guardianship agency or the prosecutor may award an order to take the child away from the parents immediately.
In this case, the guardianship agency must immediately give notice of the same to the prosecutor and within seven days upon awarding the order apply to the court with a petition to terminate parental rights of the parent(s) or to take the child away from the parent(s) without terminating their parental rights.
The petition must be filed to the court by the prosecutor.
3. If the obstacles to appropriate raising of the child by their parents are no longer in place, the court may, based on the parents' petition, award a judgment to return the child to them.
4. When awarding the judgment regarding taking the child away from the parent(s) without terminating their parental rights, the court shall also make a decision on the child support.
5. Parts 1 to 3 of this Article shall apply to taking the child away from other persons they live with.
Article 171. Taking the child's opinion into account in matters related to their life
1. The child shall have a right to be heard by their parents, other members of the family and public officials on any matters related to the child personally and to any matters of the family.
2. The child who is able to express their opinion must be heard in any dispute between the child's parents or any other persons to an extent related to their upbringing and place of residence, including a dispute related to termination or reinstatement of parental rights or to the administration of their property.
3. The court may award a judgment that would not be in line with the child's opinion if so required by the child's interests.
Article 172. Duty of the adult child to take care of their parents
1. The adult child must give care and support their parents.
The adult child may seek the protection of the rights and interests of their incapable parents as their lawful representatives; this shall not require any special authority.
3. If the adult child is not giving care to their incapable parents, the court may award an order to make them pay for such care.
Chapter 14
RIGHTS OF PARENTS AND CHILDREN TO PROPERTY
Article 173. Separate property of parents and children
1. The parents and the children, including if living together, may have their own possessions.
2. In case of any dispute regarding any property ownership between the parents and the minor/underage children the property shall be deemed to be owned by parents unless otherwise established by the court.
{Part 2 of Article 173 as amended by Law No. 524-V of 22 December 2006}
Article 174. The child's title to the property intended for their development, education and upbringing
1. The property acquired by the parent(s) with the purpose of the child's development, education and upbringing (such as clothing, personal items, toys, books, musical instruments, sports equipment etc.) shall be owned by the child.
Article 175. Property jointly owned by the parents and the children
1. Any property acquired by the parents and the children as a result of their joint efforts or joint investment shall be owned by them jointly.
2. The children may have a share (in kind) of the property that is jointly owned by the children and the parents.
In case of segregation of a share from the jointly owned property, it shall be deemed that shares of each joint owner in such jointly owned property are equal unless otherwise determined by an agreement between them, applicable law or the court judgment.
If a share in the jointly owned property cannot be segregated in kind (part 2, Article 183 of the Civil Code of Ukraine) the children entitled to a share of the property in kind may receive from other joint owners a monetary or otherwise material compensation equivalent to the value of such share.
{Article 175 supplemented with Part 2 in accordance with Law No. 2475-VIII of 3 July 2018}
Article 176. Right of the parents and the children to use the property
1. The parents must provide the child with the property that will contribute to the child's upbringing and development.
2. Right of the parents and children to use the residential property that is owned by any of them shall be governed by applicable law.
Article 177. Managing the child's property
1. The parents shall manage the property owned by the minor without any special authority for that. The parents must take care of the child's property for the sake of the child's interests.
If the minor is capable of defining their needs and interests, the parents shall manage their property in line with such needs and interests.
{Part 1 of Article 177 as worded in Law No. 2620-IV of 2 June 2005}
2. The parents of the minor may not do any of the following regarding the minor's property rights without the relevant authorisation from the guardianship agency:
execute any deeds that must be certified by a notary and/or are subject to the state registration, including house/apartment separation/exchange agreements;
sign any written obligations on behalf of the child;
waive the child's property rights.
{Article 177 supplemented with a new Part under Law No. 2620-IV of 2 June 2005}
3. The parents may give consent to the underage child's execution of any transactions referred to in Part 2 of this Article only if approved by the guardianship agency.
{Article 177 supplemented with a new Part under Law No. 2620-IV of 2 June 2005}
4. The guardianship agency shall approve any transactions related to the child's real estate only upon a one-month review procedure and only if the child's right to the residential property is guaranteed.
{Article 177 supplemented with a new Part under Law No. 524-V of 22 December 2006; as worded in Law No. 3234-VI of 19 April 2011}
5. The guardianship agency may dismiss any transactions relate to the child's real estate and request a notary to prohibit any future assignment of such property only when the guardianship agency has established any of the following:
{Recital 1, Part 5, Article 177 as worded in Law No. 4314-VI of 12 January 2012}
1) parental rights of the child's mother and/or father who applied for the permission were terminated by the court under Article 164 of this Code;
2) the court, guardianship agency or prosecutor awarded an order to take the child from the parents (or the parent who applied for permission) without terminating their parental rights as envisaged under Article 170 of this Code;
3) any persons referred to in Article 165 of this Code filed a claim to terminate the parental rights of the child's parents (or the parent who applied for permission);
4) the person who applied for permission reported any incorrect information about themselves that are essential for granting or dismissing the permission;
5) the child's parents have not reached an agreement on the transaction involving the child's real estate;
6) there are court proceedings pending between the child's parents or either parent and third parties regarding the real estate which is the subject-matter of the transaction the child's parents (or either parent) are seeking to carry out;
7) the transaction will result in the reduction of the scope of property rights of the child and/or infringement of the lawful interests of the child.
{Part of Article 177 as worded in Law No. 3234-VI of 19 April 2011}
6. Where either parent carries out any transaction involving the minor's property it shall be deemed that they act upon approval of the other parent. The other parent may apply to the court for declaring the transaction null and void as executed without their consent if such transaction is more than a minor routine transaction by nature.
Transactions carried out by either parent where any vehicles and real estate of the minor are involved shall require written consent of the other parent certified by the notary.
{Part of Article 177 supplemented with recital 2 in accordance with Law No. 524-V of 22 December 2006}
If the parent has been living apart from the child for at least six months and is not involved in the child-rearing, or when their location is unknown, the transactions referred to in the second recital of this Part may be executed without their consent.
{Part of Article 177 supplemented with recital 3 in accordance with Law No. 524-V of 22 December 2006}
7. Parents shall manage the child's property jointly unless otherwise envisaged by the applicable agreement made by and between them. Any disputes that emerge between the parents with regard to managing the child's property may be resolved by a guardianship agency or the court.
{Part of Article 177 as amended by Law No. 524-V of 22 December 2006}
8. When the parents are no longer managing the child's property, they must return the property, including any proceeds deriving from it, to the child.
9. Poor performance by the parents of their duty to manage the child's property shall be grounds for their obligation to reimburse the material damage caused by them to the child and return to them any proceeds of the property management.
{Part of Article 177 as amended by Law No. 2620-IV of 2 June 2005}
10. Procedure for the guardianship agency to take lawful action for the purpose of protection of the child's property rights shall be established by the Cabinet of Ministers of Ukraine.
{Article 177 supplemented with Part 10 in accordance with Law No. 3234-VI of 19 April 2011}
Article 178. Use of proceeds from the child's property
1. The parents may use any proceeds from their minor child's property for purposes related to caring for and maintaining other children and to urgent needs of the family.
2. The underage child shall use the proceeds of their property in accordance with the Civil Code of Ukraine.
Article 179. Title to the child support
1. The child support shall be the property of the child.
2. The parent or lawful representative of the child who is the child support recipient shall use the child support only according to the intended purpose and for the child's benefit.
The underage child may be involved in the administration of the child support intended for them.
3. The underage child may receive and administer the child support payments at their own discretion in accordance with the Civil Code of Ukraine.
{Article 179 as worded in Law No. 2037-VIII of 17 May 2017}
Chapter 15
DUTY OF THE MOTHER/FATHER TO PROVIDE FOR THE CHILD
Article 180. Obligation of the parents to provide for the child
1. The parents must provide for the child until the child reaches the age of majority.
Article 181. Methods to meet the obligation to provide for the child
1. Methods to meet the obligation to provide for the child shall be decided and agreed by and between the parents.
2. If agreed between the child's parents the parent who lives apart from the child may contribute to the child's support in monetary form and/or in kind.
3. The court may award a judgment whereby the child support amount (alimony) is awarded as a share of the child's mother/father income or as a fixed amount as decided at the discretion of the parent or other lawful representatives of the child with whom the child lives.
The child support collection method ordered by the court shall be changed by the court judgment based on the claim filed by the child support recipient.
{Article 179 as worded in Law No. 2037-VIII of 17 May 2017}
4. In case either parent moves abroad for permanent residence in a country with which Ukraine does not have a legal aid agreement in place child support shall be collected according to the procedure established by the Cabinet of Ministers of Ukraine.
5. In case either parent, having fulfiled their child support payment obligations as referred to in Part 4 of this Article, did not move for permanent residence in a country with which Ukraine does not have a legal aid agreement in place, and opted to stay or returned for permanent residence in Ukraine, the child support collection procedure taking into account the amount that has already been paid shall be defined by the applicable law.
{Article 181 supplemented with a new Part under Law No. 3539-IV of 15 March 2006}
6. If upon the entry into force of the court judgment awarding child support to be collected from either parent such parent moves for permanent residence to a country with which Ukraine does not have a legal aid agreement in place, the court may award that the child support for the entire period until the child reaches the age of majority is collected from such parent before they leave Ukraine.
{Article 181 supplemented with a new Part under Law No. 3539-IV of 15 March 2006}
7. If upon the entry into force of the court judgment awarding child support to be collected for the entire period until the child reaches the age of majority the child support payer continues to reside in Ukraine or returns to Ukraine for permanent residence, or any circumstances that were of relevance for determining the child support amount have changed, the court may award collecting child support on periodical basis taking into account the amount that has already been paid.
{Article 181 supplemented with a new Part under Law No. 3539-IV of 15 March 2006}
8. If the place of residence or location of the parents is unknown, or they evade paying the child support, or are unable to provide for the child, the child shall be receiving temporary state support designated with due regard of the financial status of the family where the child lives. Provisional state allowance shall be allocated from the State Budget of Ukraine.
{Part of Article 181 as amended by Law No. 2901-IV of 22 September 2005; as worded in Law No. 2853-IV of 8 September 2005; as amended by Law No. 1276-VI of 16 April 2009 and Law No. 911-VIII of 24 December 2015}
9. The procedure for granting, paying and calculation of the amount of such provisional state allowance shall be defined by the Cabinet of Ministers of Ukraine.
{Recital 1, Part 9, Article 181 as amended by Law No. 911-VIII of 24 December 2015}
Temporary state support for the children whose parents are evading paying the child support, or are unable to provide for the child, or whose location is unknown, shall be arranged and given by the central executive agency implementing the state policy on adoption and protection of children's rights.
{Part 9 of Article 181 supplemented with recital 2 in accordance with Law No. 5462-VI of 16 October 2012}
{Article 181 supplemented with a new Part in accordance with Law No. 2853-IV of 8 September 2005}
10. The temporary state support provided to the child shall be reimbursed by the child support payer and shall be collected to the State Budget of Ukraine in court proceedings.
{Article 181 supplemented with a new Part in accordance with Law No. 2853-IV of 8 September 2005}
Article 182. Factors to be taken by the court into consideration when setting the child support amount
1. The court shall take the following into consideration when deciding on the alimony amount:
1) health and financial status of the child;
2) health and financial status of the payer;
3) whether or not the payer has any other children or incapable spouse, parents or children;
3-1) whether or not the payer owns, possesses and/or uses any property and property rights, including any movable property, real estate, money, exclusive rights for any intellectual property or corporate rights;
{Part 1 of Article 182 supplemented with Clause 3-1 under Law No. 2037-VIII of 17 May 2017; as worded in Law No. 2475-VIII of 3 July 2018}
3-2) costs and expenses of the payer proven by the receiver, including in connection with the acquisition of any movable property or real estate where the value of such acquisition exceeds the ten subsistence wages of a capable person, provided that they payer has not proven the origin of their income;
{Part 1 of Article 182 supplemented with Clause 3-2 under Law No. 2037-VIII of 17 May 2017}
4) any other circumstances of essence.
2. The amount of child support must be adequate and sufficient for the appropriate development of the child.
Minimum guaranteed amount of child support per one child must be at least 50% of the subsistence wage for a child of the relevant age.
{Recital 2, Part 2, Article 182 as amended by Law No. 2475-VIII of 3 July 2018}
The minimum recommended child support per one child shall be equivalent to the subsistence level for the child of the relevant age and may be awarded by the court if the payer has sufficient income.
{Part 2 of Article 182 supplemented with recital 3 in accordance with Law No. 2475-VIII of 3 July 2018}
{Part 2 of Article 182 as worded in Law No. 2901-IV of 22 September 2005 and Law No. 2037-VIII of 17 May 2017}
3. The court shall not be limited by the amount of the payer's income if it has been established that the payer's costs and expenses exceed their income provided that the payer has not succeeded in proving the origin of the money to cover such costs and expenses.
{Article 182 supplemented with Part 3 in accordance with Law No. 2475-VIII of 3 July 2018}
Article 183. Determination of the amount of child support as a share of the income of the child's mother/father
1. Share of the mother's/father's income to be collected as child support for the child shall be awarded by the court.
2. If child support is collected in favour of two children and more, the court shall determine the single share of the mother's/father's income that shall be collected for the support of the children until the eldest child reaches the age of majority.
3. In case after the eldest child has reached the age of majority neither parent applied to court seeking the determination of the amount of payment in support of other children, child support shall continue to be collected minus the equal share of the child who has reached the age of majority.
{Part 4 of Article 183 removed under Law No. 2677-VI of 4 November 2010}
5. The parent or other lawful representative with whom the child lives may apply to the court for a court order awarding child support to be collected as follows: one-fourth of the income of the payer per one child, one third per two children, and one half of their income per three children and more; however, not more than ten subsistence wages for the child of the relevant age per each child.
{Article 183 supplemented with Part 5 in accordance with Law No. 2037-VIII of 17 May 2017}
Article 184. Child support as a fixed amount
1. Based on the application of the receiver, the court shall determine the child support as a fixed amount.
The amount of child support determined by the court or agreed between the parents as a fixed amount shall be subject to annual indexation in accordance with applicable law, unless otherwise agreed by the alimony payer and receiver. The receiver may request that the court provides indexation of child support for a different period.
{Part 2 of Article 184 as worded in Law No. 2475-VIII of 3 July 2018}
3. The parent or other lawful representative with whom the child lives may apply to the court and seek a court order awarding the collection of child support equivalent to 50% of the subsistence wage for the child of the relevant age.
{Article 184 as amended by Law No. 2901-IV of 22 September 2005; Article 184 as worded in Law No. 2037-VIII of 17 May 2017}
Article 185. Parents sharing additional expenses related to the child
1. The parent who was awarded to pay the child support, and the other parent who was not awarded to pay the child support shall share any additional expenses for the child caused by any special circumstances (to include any aspects of the child's development, illness or injury).
2. The share of participation of either parent in any additional expenses associated with the child shall be determined by the court with due regard of any important circumstances.
Additional expenses associated with the child may be covered in advance or as made; as a one-off payment, periodical payment or on a permanent basis.
Article 186. Supervision of the child support spending by guardianship agency
1. The guardianship agency shall supervise the spending of child support through inspection visits to the receiver; the procedure and frequency of such inspection visits shall be defined by the central executive agency implementing the state policy on adoption and protection of children's rights. Upon request of the payer (provided that there is no alimony in arrears), the guardianship agency may conduct inspection visits to the receiver on an unplanned basis, however, not more than once every three months.
{Part 1 of Article 186 as worded in Law No. 2475-VIII of 3 July 2018}
2. In case the child support spending is not in line with the intended purpose, the payer may apply to the court and file a claim to reduce the amount of alimony or transfer a certain part of child support to the child's personal account with the State Savings Bank of Ukraine.
Article 187. Deduction of child support upon request of the payer or the receiver
{Title of Article 187 as amended by Law No. 1404-VIII of 2 June 2016}
1. Either parent may file an application to their employer or pension/stipend payment center for the deduction of the child support from their salary/pension/stipend in the amount and for the duration specified in the application.
Such application may be withdrawn.
2. Based upon the application of either parent the child support shall be deducted within three days upon the day designated for the salary/pension/stipend payment.
3. Based upon the application of either parent, the child support may be deducted even when the total amount to be deducted according to the application and the executive orders exceed half of their salary/pension/stipend, or when they are already paying child support for the benefit of another child.
4. The recipient of the child support may file an application and the executive order on child support to be paid from the payer's salary/pension/stipend or another source of income directly to the organisation that is paying the payer's salary/pension/stipend.
Based on the application filed by such person, child support shall be deducted from the payer's salary/pension/stipend or any other source of income in the amount specified in the order and on time referred to in part 2 of this Article, and shall be transferred to the designated recipient as indicated in the application.
{Article 187 supplemented with Part 4 in accordance with Law No. 1404-VIII of 2 June 2016}
Article 188. Release of the parents from the obligation to provide for the child
1. The parents may be released from the obligation to provide for the child if the child's income is significantly higher than the income of each parent and is sufficient to fully cover the child's needs.
2. The parents may be released from the obligation to provide for the child by virtue of the court order only. If the child is no longer receiving income or their income was reduced, the interested person may apply to the court for the collection of child support.
{Article 188 supplemented with Part 2 in accordance with Law No. 2901-IV of 22 September 2005}
Article 189. Agreement between the parents regarding child support
1. The parents may enter into the child support agreement that would govern the amount and timings for such payments. Terms and conditions of the agreement may not infringe any rights of the child protected under this Code.
The agreement shall be made in writing and certified by a notary.
2. If either parent fails to meet their alimony obligation under the child support agreement, child support may be collected under an executive order of the notary.
Article 190. Termination of the right to child support due to acquisition of title to real estate
1. Upon approval of the guardianship agency, the resident parent and the non-resident parent may execute an agreement terminating the right to child support in connection with the transfer of title to real estate, including, without limitation, residential property, apartment, land plot etc.
Such agreement shall be certified by the notary. Title to immovable property under such agreement shall emerge immediately upon the state registration of such title in accordance with applicable law.
{Recital 2, Part 1 of Article 89 as worded in Law No. 402-VII of 4 July 2013}
The child who has attained the age of 14 shall be involved in the execution of this agreement.
2. The title to the real estate shall be vested in the child or the child and the resident parent as joint owners of this property.
In case of the execution of such agreement the resident parent shall be obliged to fully provide for the child.
3. Execution of the agreement shall not release the non-resident parent from the obligation to contribute to the additional expenses of the child.
4. The property received under the agreement under Part 1 of this Article may not be foreclosed.
5. The property received by the child under this agreement may be assigned before the child reaches the age of majority with approval of the guardianship agency only.
6. Agreement made in accordance with Part 1 of this Article shall be declared null and void by the court based on the real estate's transferor if their name as the father is removed from the child's birth registration record.
Upon declaration of the agreement as null and void, the transferor's title to the real estate shall be restored.
7. Based on the claim filed by the transferor of the real estate, the agreement executed in accordance with Part 1 of this Article may be terminated if the resident parent is in default of their obligation to provide for the child.
Article 191. Commencement of the awarded child support
1. The court shall award child support to commence as of the claim filing date; or if an application for a court order was filed, as of the date of such application.
{Part 1 of Article 191 as amended under Law No. 2037-VIII of 17 May 2017}
2. Child support may be ordered retroactively if the claimant provides sufficient evidence to the court that they were taking reasonable action to get child support payments from the respondent but to no avail due to the obligor's evasion from it. In this case, the court may order child support to be paid retroactively but for no longer than ten years.
{Part 2 of Article 191 as amended by Law No. 2475-VIII of 3 July 2018}
Article 192. Changing the child support amount
1. The amount of child support set by the court judgment or as agreed between the parents may be reduced or increased later under the court judgment granting the claim of the payer or the receiver in case of a change in the financial or marital status or health condition of either of them or in other cases governed by this Code.
{Part 1 of Article 192 as amended by Law No. No. 2302-VI of 1 June 2010}
{Part 2 of Article 192 removed under Law No. 1370-VIII of 17 May 2016}
Article 193. Collection of child support and other forms of maintenance for the child who is in a health care facility, educational facility or any other facility
1. Placing the child to a health care facility, educational setting or any other facility shall not terminate the collection of child support for the benefit of the parent with whom the child lived prior to such placement, provided that the child support is used as intended.
2. In case the parents are not involved in the maintenance of the child placed in a state or community-owned healthcare facility, educational setting or any other institution, child support may be collected from them on the general grounds.
3. Based on the court judgment child support may be transferred to the child's personal account with the State Savings Bank of Ukraine.
4. State pensions and all other forms of support and maintenance due to the loss of the caregiver shall also be transferred to the child's personal account.
Article 194. Retroactive collection of child support, including child support arrears
1. Child support may be collected retroactively under the executive order provided, however, that this period is no longer than ten years preceding the enforcement of the executive order.
{Part 1 of Article 194 as amended by Law No. 2475-VIII of 3 July 2018}
2. In case child support was not collected under the executive order enforced due to the search for the payer or the payer staying abroad, child support must be paid for the entire past period.
2. Arrears for the child support collected under Article 187 of this Code shall be paid under the payer's application by means of deduction from their salary/pension or stipend, or shall be collected under the court judgment.
1. Child support arrears shall be paid regardless of whether the child has reached the age of majority; in the case referred to in Article 199 of this Code, until the child reaches the age of twenty-three.
5. Part 1 to Part 3 of this Article and Article 195 to Article 197 of this Code shall also apply to the maintenance collection for the benefit of other persons referred to in this Code.
Article 195. Determining of child support arrears ordered as a share of income
1. Child support arrears ordered as a share of income shall be determined based on the actual income obtained by the payer during the period in which the child support was not collected regardless of whether or not such income originated in Ukraine.
2. Child support arrears of the payer who was unemployed as of the time the arrears arose, or is an individual entrepreneur using the simplified taxation system, or is a citizen of Ukraine who is making income in a country with which Ukraine does not have a legal aid agreement in place, shall be determined based on the average salary in the given area.
Following the establishment of the origin and amount of income made by the payer abroad, the state/private executor shall, based on the recipient's application, transfer the amount in arrears.
3. The amount in arrears shall be determined by the state/private executor, or in case of a dispute, by the competent court.
{Article 195 as amended by Law No. 2677-VI of 4 November 2010 and Law No. 1404-VIII of 2 June 2016; as worded in Law No. 2037-VIII of 17 May 2017}
Article 196. Liability for a failure to pay the child support on time and making additional payments for the child
{Title of Article 191 as amended under Law No. 2037-VIII of 17 May 2017}
1. If child support goes into arrears through the fault of the payer obliged to pay such support under the court order or as agreed between the parents, the receiver shall be entitled to accrue the fine of one percent of such outstanding child support amount for every day of delay, such late payment fine to commence on the day when the child support went into arrears and until the outstanding payment is made in full or until the court awards an order to collect the fine; provided, however, that it shall not exceed 100% of the amount due and payable.
In case any sanctions envisaged by Part 14 of Article 71 of the Law of Ukraine on Enforcement Proceedings are imposed on the person designated as the support payer by the court judgment, the maximum amount of the fine shall be equivalent to the difference between the amount in arrears and the amount of the enforcement measures applied under Part 14 of Article 71 of the Law of Ukraine on Enforcement Proceedings.
{Part 1 of Article 196 supplemented with recital 2 in accordance with Law No. 2475-VIII of 3 July 2018}
{Part 1 of Article 196 as worded in Law No. 2037-VIII of 17 May 2017}
2. The court may reduce the amount of the late payment fine with due regard to the payer's financial and marital status.
3. No late payment fine shall accrue if the payer is underage.
4. Where any additional expenses for the child went into arrears through the payer's fault, the payer must, on demand of the additional expenses receiver, pay the outstanding amount of such additional expenses taking using the applicable inflation index for the entire duration the payment remained in arrears plus three percent per annum on the outstanding amount.
The additional payments shall be deemed overdue if the payer has failed to make such additional payments on time set by the court judgment or as agreed between the parents; where no payment date was established, additional payments shall be deemed overdue seven days upon the relevant claim made by the intended recipient who actually paid for such expenses themselves.
{Article 196 supplemented with Part 4 in accordance with Law No. 2037-VIII of 17 May 2017}
Article 197. Determining the late payment period. Release from the obligation to pay child support arrears
1. The court may postpone or extend the period for payment of child support arrears with due regard of the payee's financial and marital status.
2. Based on the claim filed by the payee, the court may fully or partially release the payee from the obligation to pay child support arrears if such arrears arose due to the payer's serious disease or otherwise for a valid reason.
{Part 3 of Article 197 removed under Law No. 1404-VIII of 2 June 2016}
Chapter 16
DUTY OF THE PARENTS TO PROVIDE FOR THE ADULT DAUGHTER/SON
Article 198. Grounds for the duty of the parents to provide for the adult daughter/son
1. The parents must provide for their adult incapable daughter/son who is in need of financial assistance; provided, however, that they are capable of doing so.
Article 199. Duty of the parents to provide for the adult daughter/son who is a student
1. If the adult daughter/son is a student and is in need of financial support due to this, the parents must provide for them until they reach the age of twenty-three; provided that they are capable of doing so.
2. Right to maintenance shall terminate if the studies are terminated.
3. The resident parent as well as the child themselves provided that they are still studying may apply to the court with the child support claim.
Article 200. Child support for the adult daughter/son
1. The court shall determine the amount of child support for the adult daughter/son as a fixed amount and/or as a share of the payer's income with due regard of the circumstances referred to in Article 182 of this Code.
1. For the purpose of setting the amount of child support to be provided by either parent, the court shall consider whether the other parent or spouse and adult children are capable of providing maintenance.
Article 201. Application of the provisions of this Code to the duty of the parents to provide for the adult daughter/son
1. To an extent maintenance to be provided by the parents to the daughter/son is concerned, Article 187, Articles 189 to 192 and Articles 194 to 197 of this Code shall apply.
Chapter 17
DUTY OF THE ADULT DAUGHTER/SON TO PROVIDE FOR THE PARENTS
Article 202. Grounds for the duty of the adult daughter/son to provide for the parents
1. The adult daughter/son must provide for the parents who are incapable and are in need of financial assistance.
2. In case the parental rights of the mother/father were terminated and not otherwise restored, the daughter/son regarding whom such parental rights were terminated shall not be obliged to provide for the mother/father.
Article 203. Duty of the daughter/son to contribute to the additional expenses of the parents
1. In addition to making support payments, daughter/son must contribute to any additional expenses of their parents caused by a serious illness, disability or incapability.
Article 204. Release of the daughter/son from the duty to provide for the mother/father
1. The court may release the daughter/son from the duty to provide for the mother/father and to contribute to their additional expenses if it has been established that the mother/father were evading from the parental duties.
Daughter/son shall be released from the obligation to maintain their mother/father and contribute to any additional expenses if it has been established that the mother/father never provided any child support and this led to the arrears the total amount of which is more than the total amount of the relevant payments over the period of three years, and that such payments remained in arrears as of the court judgment on the amount of support to be provided for the parents.
{Part 1 of Article 204 supplemented with a new recital in accordance with Law No. 2475-VIII of 3 July 2018}
In exceptional cases the court may award an order for the daughter/son to pay maintenance for the period that would be no longer than three years.
2. Non-payment of child support that resulted in an outstanding amount that is larger than all relevant payments for three years shall be evidenced by a certificate issued by the state enforcement agency or private executor in accordance with applicable law.
{Article 204 supplemented with Part 2 in accordance with Law No. 2475-VIII of 3 July 2018}
Article 205. Determining the amount of parental maintenance
1. The court shall set the amount of parental maintenance as a fixed amount and/or a share of the income with due regard of the financial and marital status of the parties.
2. When determining the amount of maintenance and additional payments, the court shall also consider whether maintenance may also be provided by other children against whom no maintenance collection claim was filed or by spouses or parents.
Article 206. Collection of payments for care and treatment of the parents from the child
1. In exceptional cases, when the mother/father is seriously ill or has a disability and the child (Article 6 of this Code) has a sufficient income the court may award an order to collect from the child, as a one-off payment or from time to time during a certain period, payments to cover the expenses related to treatment and medical care for the parent.
Section IV
CUSTODY OF ORPHAN CHILDREN AND CHILDREN DEPRIVED OF PARENTAL CARE
{Title of Section IV as worded in Law No. 3497-IV of 23 February 2006}
1. Adoption is taking by the adoptive parent of a person to the adoptive parent's family as the daughter/son under the relevant court judgment, except as otherwise contemplated in Article 282 of this Code.
2. Adoption of the child shall pursue their best reasons in order to ensure the stability and harmony of their life.
Article 208. A person who may be adopted
1. A child may be adopted (Article 6 of this Code).
2. In exceptional cases the court may award the adoption of an adult person who does not have a mother/father or was deprived of parental care.
In this case, the court shall consider the family status of the adoptive parent, including whether or not they have their own children and any other relevant factors.
Article 209. Adoption of the child who was not taken from the maternity hospital, or was abandoned, or was found
{Title of Article 209 as amended by Law No 3497-IV of 23 February 2006}
1. The child who was left in the maternity hospital or any other healthcare facility or who was not taken by their parents or other relatives may be adopted upon reaching the age of two months.
2. The child who was abandoned or found may be adopted two months following their finding.
Article 210. Adoption of siblings
1. In case full siblings are registered for adoption they may not be separated upon adoption.
In the relevant circumstances, the court, upon approval of the guardianship agency, may award the adoption of either sibling or the adoption by different persons.
2. If the adoption of the child is not secret their brother and sister may be made aware of their place of residence.
Article 211. Persons who are not eligible to become adoptive parents
1. The adoptive parent must be a capable person at least twenty-one years old, except where the adoptive parent is the relative of the child.
{Part 1 of Article 211 as worded in Law No. 257-VI of 10 April 2008}
2. The adoptive parent must be at least fifteen years older than the child to be adopted.
{Recital 1, Part 2, Article 211 as amended by Law No. 257-VI of 10 April 2008 and Law No. 3738-VI of 9 September 2011}
In case of adoption of the person who has reached the age of majority the age gap must be at least eighteen years.
3. Adoptive parents may be spouses or persons referred to in Part 5 and Part 6 of this Article.
Adoptive parents may not be of the same sex.
4. Persons who are not married to each other may not adopt the same child.
If such persons live together as a family, the court may approve the adoption of the child by them.
5. If the child has mother only, the child may not be adopted by the person who is not married to their mother.
If the child has father only, the child may not be adopted by the person who is not married to their father.
If such persons live together as a family, the court may approve the adoption of the child by them.
6. If the child has either mother or father only whose legal connection with the child is terminated by virtue of adoption, the adoptive parent may be a single man or a single woman.
7. Number of children that may be adopted by an adoptive parent is not limited.
Article 212. Persons not eligible for becoming adoptive parents:
The following categories of persons may not adopt a child:
1) persons with limited capacity;
2) persons declared as incapable;
3) persons whose parental rights were terminated and not reinstated;
4) persons who were previously adoptive parents (or guardians, custodians or foster parents as applicable) of another child but the adoption (or guardianship, custodianship or foster care as applicable) was terminated or annulled through their fault;
5) persons who are registered with or being treated at a neuropsychological or drug treatment department;
6) persons who are addicted to drugs or alcohol;
7) persons who do not have a permanent place of residence and stable income;
8) persons who have any diseases or illnesses that appear on the list approved by the central executive agency making the state healthcare policy;
{Clause 8, Part 1, Article 212 as amended by Law No. 5462-VI of 16 October 2012}
9) persons who are foreign nationals who are not married, unless where the foreign national is the relative of the child;
10) persons who were convicted for criminal offences against someone's life and health, freedom, honour and dignity, sexual freedom and sexual inviolability, public security, public order and morality, or in connection with distribution of drugs, psychotropic substances and equivalents, as well as for the offences referred to in Articles 148, 150, 150-1, 164, 166, 167, 169, 181, 187, 324, and 442 of the Criminal Code of Ukraine, or have an unexpunged or not otherwise duly annulled criminal record for any other criminal offence;
{Clause 10, Part 1 of Article 212 as amended by Law No. 720-IX of 17 June 2020}
11) persons who require continued support and care due to their health condition;
{Part 1 of Article 212 supplemented with Clause 11 under Law No. 3381-VI of 19 May 2011}
{Part 1 of Article 212 supplemented with Clause 12 under Law No. 3381-VI of 19 May 2011}
13) person who is married to a person who may not be an adoptive parent in accordance with Parts 3 to 6, 8 and 10 of this Article.
{Part 1 of Article 212 supplemented with Clause 13 under Law No. 3381-VI of 19 May 2011}
{Part 1 of Article 212 as amended by Law No. 257-VI of 10 April 2008 and by Law No. 1186-VI of 4 June 2009}
2. In addition to the persons specified in this Article, other persons whose interests are in conflict with interests of the child may not become adoptive parents.
Article 213. Persons who have a priority for adoption
1. If several persons are willing to adopt the same child, the priority shall have the citizen of Ukraine who meets to following criteria:
2) is the husband/wife of the mother/father of the child to be adopted;
3) is adopting several children who are siblings;
2. In addition, spouses shall also a priority to adopt a child.
Article 214. Registration of orphan children and children deprived of parental care who may be adopted or given in custody, guardianship or placed in a foster family
{Title of Article 214 as worded in Law No. 3497-IV of 23 February 2006}
1. Directors of the facilities where children who may be adopted or given in custody, guardianship or placed in a foster family are housed; official staff of guardianship agencies; and any other persons who became aware of any orphan children and children deprived of parental care, must, within seven business days, report this to the relevant departments of the raion and district state administration in Kyiv and Sevastopol and executive committees of city and city district councils.
{Part 1 of Article 214 as worded in Law No. 3497-IV of 23 February 2006}
2. In case no one volunteered to adopt the child or have the child in custody, the raion and district state administrations in Kyiv and Sevastopol and executive committees of city and city district councils shall, within one month upon receiving the reported information must report the same to the Council of Ministers of the Autonomous Republic of Crimea and Oblast, Kyiv and Sevastopol city state administrations.
3. In case no one volunteered to adopt the child or have the child in custody, the Council of Ministers of the Autonomous Republic of Crimea and Oblast, Kyiv and Sevastopol city state administrations shall, within one month upon receiving the information about the children who may be adopted, send such information to the central executive agency implementing the state policy on adoption and protection of children's rights for centralised registration.
{Part 3 of Article 214 as amended by Law No. 3097-IV of 16 November 2005 and Law No. 3381-VI of 19 May 2011}
4. Procedure for centralised registration of orphan children and children deprived of parental care who may be adopted or given in custody, guardianship or placed in a foster family, including the procedure for giving children for adoption, shall be established by the Cabinet of Ministers of Ukraine.
{Article 214 supplemented with a new recital under Law No. 3497-IV of 23 February 2006}
5. For a failure to comply with the requirements contained in Part 1 to Part 3 of this Article, or submitting any incorrect information, or any actions related to preventing the adoption of a child, directors of the facilities where the children are housed and other staff members shall be held liable in accordance with applicable law.
Article 215. Registration of persons who are willing to adopt a child
1. Registration of the persons willing to adopt a child shall be conducted by departments of raion and district state administrations in Kyiv and Sevastopol and executive committees of city and city district councils that shall be directly managing any matters pertinent to guardianship and custody; by the executive agency of the Autonomous Republic of Crimea in the matters of family and children; Kyiv and Sevastopol city state administrations; as well as the central executive agency implementing the state policy on adoption and protection of children's rights according to the procedure set out by the Cabinet of Ministers of Ukraine.
{Part 3 of Article 215 as amended by Law No. 3097-IV of 16 November 2005, Law No. 3381-VI of 19 May 2011 and Law No. 5462-VI of 16 October 2012}
2. The citizens of Ukraine residing outside Ukraine and foreign nationals willing to adopt a child shall be registered by the central executive agency implementing the state policy on adoption and protection of children's rights according to the applicable procedure imposed by the Cabinet of Ministers of Ukraine.
{Part 2 of Article 215 as amended by Law No. 3097-IV of 16 November 2005 and Law No. 3497-VI of 23 February 2006; as worded in Law No. 3381-VI of 19 May 2011}
Article 216. No mediation or commercial services related to adoption
1. Any mediation or commercial services in relation of adoption, custody, guardianship or foster care of children in families of Ukrainian or foreign nationals shall be prohibited.
{Part 1 of Article 216 as amended by Law No. No. 3381-VI of 19 May 2011}
Article 217. Consent of the parents to adoption of the child
1. The child shall be adopted upon the unforced consent of their parents.
2. Consent of the parents to adoption of the child must be unconditional. Any agreement envisaging the adoptive parent to pay for the child's adoption to their parents, caregivers or other persons living with the child shall be null and void.
3. Consent of the parents to adoption may be given only after the child reaches the age of two months.
4. If the child's mother/father is underage, adoption also requires the relevant consent of their parents.
5. Written consent of the parents to adoption shall be certified by a notary.
6. The child's mother/father may revoke their consent to adoption pending the entry into force of the court award of adoption.
Article 218. Consent of the child to be adopted
1. Adoption of the child requires their consent if the child has reached the age and the stage of development to be capable of expressing such consent.
{Recital 1, Part 1, Article 218 as amended by Law No. 3497-IV of 23 February 2006}
The child's consent to be adopted shall be given in a form that is relevant to their age and health.
{Recital 2, Part 1, Article 218 as amended by Law No. 3497-IV of 23 February 2006}
2. The child must be made aware of the legal implications of adoption.
3. Adoption shall not require the consent of the child if the child is not aware of it due to their age or health condition.
4. The child's consent to be adopted shall not be required if the child lives in the family of their adoptive parents and treats them as their parents.
Article 219. Adoption of the child without consent of the parents
1. The child may be adopted without consent of the parents, if the parents:
4) were deprived of parental rights in regard of the child being adopted;
5) within two months following the childbirth did not take the child to the family and the record about them in the Birth Registration Book is made in accordance with Article 135 of this Code.
{Part 1 of Article 219 supplemented with Clause 5 in accordance with Law No. 3381-VI of 19 May 2011}
2. The child may be adopted without the consent of the adult parents if the court established that the parents have not been living together with the child for over six months without any valid reasons, and do not provide parental care and support to the child.
Article 220. Consent of the other spouse to adoption
1. A written consent of the other spouse certified by a notary is required for adoption of the child by either spouse.
2. A child may be adopted without the consent of the other spouse if they were declared missing or incapable or in other circumstances of essence.
{Part 3 of Article 220 removed under Law No. 524-V of 22 December 2006}
Article 221. Consent of the guardian/custodian to the child's adoption
1. Written consent of the guardian/custodian, regardless of the parents' consent, is required for adoption of the child placed under custody or guardianship as well as for adoption of the child whose parents are placed under custody or guardianship.
2. If the guardian/custodian did not give their consent to the child's adoption, such consent may be given by the guardianship/custodianship agency.
3. Adoption may be awarded without the consent of the guardian/custodian or the guardianship agency, if the court has established that adoption meets the child's best interests.
Article 222. Consent of the healthcare/educational facility to the child's adoption
1. In case the child does not have parents and is staying in a healthcare/educational facility, a written consent of this facility shall be required for their adoption.
Adoption may be awarded without the consent of the facility, if the court has established that adoption meets the child's best interests.
Article 223. Adoption application
1. The person who intends to adopt the child shall file an adoption application to the court. Such application may not be filed by proxy.
2. The adoption application may be revoked pending the entry into force of the court judgment awarding the adoption.
Article 224. Court judgment awarding adoption
1. The court awarding a judgment on adoption shall take into consideration circumstances that are of relevance, including but not limited to:
1) health condition, financial status, family status of the person who is willing to adopt the child, living conditions and attitude to child-rearing;
2) motives why the person is willing to adopt the child;
3) motives why the other spouse is not willing to be the adoptive parent, if the adoption application was filed by one spouse only;
4) connection between the person willing to adopt the child and the child, as well as how long the person has been caring for the child;
5) personality and health condition of the child;
6) attitude of the child to the person who is willing to adopt them.
2. In case all terms and conditions contained in this Code are complied with and the person who is willing to adopt the child is able to provide stable and harmonious conditions for the child's life, the court shall award adoption of the child.
3. The child may not reject adoption on the grounds that the person already has a child or may give birth to a child.
4. When awarding the adoption of the adult person, the court shall consider the motives why the persons are willing the adoption to happen, the possibility of them living together, their family and health status, and other relevant circumstances.
Article 225. Commencement of adoption
1. Adoption shall be deemed to commence as of the court judgment awarding it.
{Part 2 of Article 225 removed under Law No. 2398-VI of 1 July 2010}
Article 226. Right to secret adoption
1. The person shall have a right to keep confidential the fact of being on the list of persons willing to adopt a child, searching for a child to be adopted, filing an adoption application, and court judgment on the adoption.
2. The adopted child shall have the right to keep the fact of adoption confidential, including for themselves.
3. The adopted person shall be entitled to be made aware that they were adopted when they reach the age of fourteen.
Article 227. Right to conceal the fact of adoption from the adopted child
1. The adoptive parent shall have the right to conceal the fact of adoption from the adopted child, and require that this information is kept confidential by any persons who became aware of such adoption prior to and after the child reaches the age of majority.
2. The adoptive parent may conceal the fact of adoption from the child if disclosing the secrecy of adoption may be detrimental to the child's interests.
3. If the child being adopted have not reached the age of fourteen, the officials, having obtained the child's consent to be adopted, shall seek to protect the secrecy of adoption from the child.
Article 228. Protecting the secrecy of adoption
1. Persons who in connection with their service duty have become aware of the adoption (including that the persons willing to adopt the child are on the list of persons willing to adopt a child, searching for a child to be adopted, filing an adoption application, supervision of the rights of the adopted child etc.), as well as any other persons who became aware of the adoption, must keep such information confidential, even when the child is aware of the adoption.
{Part 1 of Article 228 as amended by Law No. 3497-IV of 23 February 2006}
2. Information about the adoption shall be disclosed by the court only upon consent of the adoptive parent unless such information is required to law enforcement authorities or the court in connection with a civil case or criminal proceedings.
{Part 2 of Article 228 as amended by Law No. 4652-VI of 13 April 2012}
3. Secrecy of adoption shall be protected in accordance with Articles 229 to 231 of this Code.
4. Persons who disclosed the secret adoption shall be held liable in accordance with the applicable law.
Article 229. Right of the adoptive parent to be registered as the child's mother/father
1. The person who filed an adoption application may request that their name be entered on the Birth Registration Book as the mother/father of the child or adult person.
2. If the adopted is the child who has reached the age of seven, their consent shall be required to register the adoptive parent as the mother/father, except as otherwise envisaged in Part 4, Article 218 of this Code.
3. The court shall grant such application of the adoptive parent in the adoption award if this meets the child's interests.
Article 230. Right of the adoptive parent to change information about the child's place of birth and date of birth
1. The person who filed the adoption application may request that information about the child's place of birth and date of birth be changed.
2. The child's date of birth may be changed to not more than six months.
3. In the judgment awarding the adoption, the court shall change the information about the child's place of birth and date of birth if it meets the child's interests.
Article 231. Change of first name, last name and patronymic of the adopted person
1. If the child is adopted by the woman and the man and they are registered as the parents of the child, the child's last name and patronymic will be changed accordingly.
The child's name may be changed upon request of the adoptive parents. Such change requires the child's consent. Such consent, however, shall not be required if the child lives in the family of their adoptive parents and is used to their new name.
2. If the adoptive father is registered as the child' father, the child's patronymic will change accordingly.
Where the person who has reached the age of majority is adopted, their first name, last name and patronymic may be changed in connection with the adoption based on the application of the adoptive parent and the person adopted.
4. The court shall indicate the changes envisaged by this Article in the adoption award.
Article 232. Legal implications of adoption
1. Following the adoption, any personal and property rights and obligations between the parents and the adopted person as well as between the adopted person and other biological relatives shall terminate.
When the child is adopted by one person these rights and obligations may be preserved upon request of the mother if the adoptive parent is a man, or upon request of the father if the adoptive parent is a woman.
2. In case following the death of either parent of the child or termination of marriage with the person who was acknowledged by the court as incapable the other parent of the child married again and their new spouse are willing to adopt the child, the child's grandparents from the side of the parent who died or was declared incapable or full siblings of the child may apply to the court and request that the legal relationship is preserved between themselves and the child being adopted.
{Recital 1, Part 2 of Article 232 as worded in Law No. 524-V of 22 December 2006}
The court shall review such petition concurrently with the adoption application and shall grant it if it meets the child's interests.
3. Mutual personal property and non-property rights and obligations between the adopted person (and between their children and grandchildren in future) and the adoptive parent and their direct relatives shall arise upon the adoption.
4. Adoption imposes the rights and obligations upon the adoptive parent regarding the adopted child in the same scope as for the parents of the child.
5. Adoption imposes the rights and obligations upon the adopted child regarding the adoptive parent in the same scope as for the child of the parents.
Article 233. Amendments to the birth registration record for the adopted child
1. On the basis of the court award of adoption, the state civil registration office shall make relevant amendments to the birth registration record made by the state civil registration office of Ukraine and shall thereafter issue an updated Birth Certificate containing such amended information.
{Recital 1, Part 1, Article 233 as amended by Law No. 2398-VI of 1 July 2010}
The previously issued Birth Certificate shall be declared null and void.
Article 234. Rights of the child following the adoption
1. The adopted child shall retain their right to pension, other social welfare options and damage compensation for the loss of the caregiver that the child had prior to the adoption.
Article 235. Supervision of the protection of rights of the adopted child
1. The guardianship agency shall oversee the protection of rights of the children who were adopted and reside in Ukraine.
2. Supervision of the rights of the adopted child shall continue until they reach the age of majority.
1. The court shall declare adoption void if it took place without the consent of the child and the parents, provided that such consent was required.
1. The court shall declare adoption void if the adoptive parent was not intending to acquire the rights and obligations arising by virtue of adoption (sham adoption).
3. The court may declare adoption void if it took place on the basis of forged documents.
4. The court may declare adoption void in the absence of the consent to such adoption of the persons referred to in Article 220 to Article 222 of this Code.
5. The court may declare adoption void where either spouse adopted the child of the other spouse and it was established that at the time of adoption the other spouse had no intention to continue the marriage.
Article 237. Legal consequences of declaring adoption void
1. Adoption declared void shall be annulled as of its inception.
2. In case adoption is declared void, any and all rights and obligations that have previously arisen and are imposed under the applicable law for the adoptive parent, their relatives and the adopted child shall terminate.
3. In case adoption is declared void, the rights and obligations between the child and their biological parents and other relatives shall be restored.
4. In case adoption is declared void, the child who has not reached the age of fourteen shall be given to the parents or other relatives who have requested this.
In case adoption is declared void and the child has reached the age of fourteen, their place of residence shall be determined with their consent.
Where the child cannot be given to their parents or other relatives, the child shall be given to the guardianship agency.
{Part 4 of Article 237 as worded in Law No. 524-V of 22 December 2006}
5. In case adoption is declared void, the child's first name, last name and patronymic that they had prior to the adoption shall be restored.
The child may elect to continue using the first name, last name and patronymic that they were given in connection with being adopted.
6. The court may award that alimony for the child be collected from the former adoptive parent, however, no longer than for a two-year period, if the child does not have parents or the parents are not capable to provide for the child; provided, however, that such former adoptive parent is able to provide such support.
Article 238. Annulment of adoption
1. The court may award to annul adoption in the following cases:
1) adoption is not supporting the child's interests and does not provide the child with family care;
2) the child has a mental disorder or other serious disease that cannot be cured and the adoptive parent was not and could not be aware of that at the time of adoption;
3) regardless of the intentions of the adoptive parent, the relationship between the adoptive parent and the child make their co-habitation and parental care by the adoptive parent not possible.
2. Adoption may not be annulled after the child reaches the age of majority.
Adoption may be annulled after the child reaches the age of majority if the illegal behaviour of the adopted child or the adoptive parent poses a threat to the life or health of the adoptive parent, adopted child or any other members of the family.
3. Adoption of the person who has reached the age of majority may be annulled by the court upon the mutual consent of the adoptive parent and adopted person or on demand of either of them if they did not succeed in building the family relationship.
4. Adoption shall be annulled as of the day when the court judgment becomes effective.
Article 239. Legal implications of adoption annulment
1. Adoption annulment shall terminate any and all rights and obligations that have arisen between the child and the adoptive parent and their relatives in connection with the adoption.
3. In case adoption is annulled, the rights and obligations between the child and their biological parents and other relatives shall be restored.
3. In case adoption is annulled the child shall be given to their parents or other relatives as requested; where this is not possible, the child shall be given to the guardianship agency.
4. Where adoption is annulled for the reasons referred to in Clause 1, Part 1, Article 238 of this Code and provided that the child is not given to the parents, the child shall retain the right to live in the residential property where they lived following the adoption.
5. Following adoption annulment the child may continue to have the first name, last name and patronymic they received upon being adopted. The child may return the first name, last name and patronymic they had prior to being adopted.
6. In case adoption is terminated under Clause 1, Part 1, Article 238 of this Code and where the child is not given to their parents, the court may award a judgment to collect child support from the former adoptive parent; provided, however, that such former adoptive parent is capable of doing so.
Article 240. Persons who may submit a claim for adoption to be annulled or declared void by the court
1. Parents, adoptive parent, guardian, caregiver, guardianship agency, prosecutor or the adopted child themselves upon reaching the age of fourteen may apply to the court seeking adoption to be annulled or declared void.
Article 241. Updating the birth registration record if adoption was declared void or annulled
1. Following the entry into force of the court award to declare adoption void or to annul adoption, the court must within one month send a copy of the judgment to the state civil registration office at the child's place of residence.
2. The state civil registration office shall make relevant amendments to the childbirth registration record based on the court judgment annulling adoption or declaring it void.
Article 242. Terminating parental rights of the adoptive parent
1. If the adoptive parent was registered as the mother/father of the adopted child, their parental rights may be terminated under Article 164 of this Code.
2. If the parental rights of the adoptive parent were terminated, Article 166 of this Code shall apply. In case of death of the adoptive parent whose parental rights were terminated the child shall have succession rights on general grounds.
3. Parental rights of the adoptive parent may be restored under Article 169 of this Code.
Chapter 19
CHILD CUSTODY AND GUARDIANSHIP
Article 243. Child custody/guardianship
1. Orphan children and children deprived of parental care shall be taken in custody or guardianship.
{Part 1 of Article 243 as amended by Law No. 3497-IV of 23 February 2006}
2. Custody shall be provided for the child under the age of fourteen while guardianship shall be provided for the child aged fourteen to eighteen.
3. Guardianship and custody shall be awarded by the guardianship agency or by competent court in cases referred to by the Civil Code of Ukraine.
Article 244. A person eligible to be the child guardian or custodian
1. An adult capable person may become the child guardian or custodian.
2. When designating the guardian or custodian for the child the guardianship agency shall also consider personal qualities of the person, their child care abilities and attitude, as well as the opinion of the child.
3. Persons referred to in Article 212 of this Code may not be eligible for becoming the child guardians or custodians.
{Part 3 of Article 244 as amended by Law No. 1452-VI of 4 June 2009}
Article 245. Custody and guardianship of the child residing in a healthcare facility, educational setting or any other child care institution
{Title of Article 245 as amended by Law No. 3497-IV of 23 February 2006}
1. If the child is permanently residing in a healthcare facility, educational setting or any other child care institution the administration of such facility shall act as their guardian and custodian.
{Article 245 as amended by Law No. 3497-IV of 23 February 2006}
Article 246. Control of protection of the rights of the child in custody by the guardianship agency
1. The guardianship agency shall control the living conditions, care and education of the child in custody or guardianship.
Article 247. Rights of the child in custody or guardianship
1. The child in custody or guardianship shall have the right to:
1) live in the family of their guardian/custodian and receive care from them;
2) appropriate conditions for their comprehensive development, education, care and respect to their human dignity;
3) continue using the accommodation where they resided prior to the custody or guardianship. In case the child does not have an accommodation, they may get it in accordance with applicable law;
4) protection from any abuse by the guardian or custodian.
2. Guardianship or custodianship shall not terminate the child's right to receive pension, support, compensation of damage in connection with the loss of the caregiver, as well as any other social benefits designated to the child under the applicable laws of Ukraine.
{Part 2 of Article 247 as amended by Law No. 1390-VI of 21 May 2009}
Article 248. Rights of the orphaned child and the child deprived of parental care living in a healthcare facility, educational setting, other child care centre or an adoptive family
{Title of Article 248 as worded in Law No. 3497-IV of 23 February 2006}
1. The orphaned child and the child deprived of parental care living in a healthcare facility, educational setting, other child care centre or an adoptive family shall be entitled to:
{Recital 1, Part 1, Article 248 as worded in Law No. 3497-IV of 23 February 2006}
1) comprehensive development, upbringing, education and respect of their human dignity;
2) protection of the right to use the residential property where the child used to live. In case the child does not have an accommodation, they may get it in accordance with applicable law;
3) benefits envisaged by applicable law in case of employment after leaving such facility;
4) free legal aid as envisaged by the law governing free legal aid.
{Part 1 of Article 248 supplemented with Clause 4 in accordance with Law No. 5477-VI of 6 November 2012}
2. Placing the child to the facility referred to in Part 1 of this Article shall not terminate the child's right to alimony, pension, other social benefits and compensation for loss of the caregiver.
Article 249. Rights and obligations of the guardian/caregiver regarding the child
1. The guardian/caregiver must raise the child, care for the child's physical and mental development, and make sure that the child gets complete general secondary education.
The guardian/caregiver may at their own discretion decide on how the child will be raised with due regard of the child's opinion and recommendations of the guardianship agency.
3. The guardian/caregiver may demand taking the child away from any person who keeps the minor with them other than under the applicable law or a court award.
3. The guardian/caregiver may not impede any communication between the child and their parents and other relatives, except where such communication is against the child's interests.
4. Civil rights and obligations of the guardian/caregiver shall be governed by the Civil Code of Ukraine.
5. Grounds for eligibility, amount and procedure for the guardian/caregiver service payments shall be established by the Cabinet of Ministers of Ukraine.
{Part 5 of Article 249 as worded in Law No. 524-V of 22 December 2006}
Article 250. Termination of guardianship/custodianship
1. Guardianship/custodianship shall terminated in the cases referred to by the Civil Code of Ukraine.
Article 251. Release of the child guardian/custodian from their duties
1. A person may be released from the duty of the guardian/custodian in cases referred to by the Civil Code of Ukraine or when the relationship between the guardian/custodian and the child are detrimental for guardianship/custody.
Chapter 20
FOSTER CARE OF THE CHILD
Article 252. Foster care of the child
1. Foster care of the child means temporary placing the child in the foster family that provides care, upbringing and rehabilitation of the child while the child, their parents or any other legitimate representatives are overcoming any life challenges.
2. The foster family is a family where, upon consent of all other family members, an adult family member who received dedicated training acts as a professional foster parent.
3. The foster parent is the person who, with involvement of the family members, provides care, upbringing and rehabilitation of the child in the foster family.
4. Any persons referred to in Article 212 of this Code may not be foster parents.
5. Only the children who are full siblings or who were brought up in the same family may be placed concurrently in a foster family.
6. The period for placing the child in a foster family shall be defined by the guardianship agency and may not exceed three months.
In the event that it is reasonable that the child stays in the foster family for a longer period, the guardianship agency may extend the duration of such stay.
The overall duration of the child's stay in the foster family may not be longer than six months.
7. Procedure for creating a foster family and placement of the child in a foster family shall be approved by the Cabinet of Ministers of Ukraine.
{Recital 2, Part 7, Article 252 removed under Law No. 1692-VIII of 19 October 2016}
Article 253. Child foster care agreement
1. The guardianship agency shall place the child going through life challenges to the foster family under the child foster care agreement.
The child foster care agreement shall be made in writing.
The standard template of the child foster care agreement shall be approved by the Cabinet of Ministers of Ukraine.
2. In case the guardianship agency makes a decision that the child shall be returned to their parents or other lawful representatives, or shall be adopted, or shall be taken in custody, or shall be placed in a foster family, adoptive family or foster home, or a child care facility, educational setting or any other institution, and in case the child reaches the age of majority, or in the event of the death of the child or the foster parent, the child foster care agreement shall be terminated.
3. The child foster care agreement may be terminated by the parties, or the guardianship agency, or the court if the foster parent fails to perform thereunder.
Article 254. Rights of the child placed in a foster family
1. The child's consent is required for placing the child in a foster family if the child has reached the age and the stage of development to be able to express such consent.
2. Placing the child in a foster family shall require the written consent of their parents or other lawful representatives. If the child's mother/father are underage, placing the child in a foster family will require their consent and consent of their parents.
3. The child shall be placed in a foster family without the consent of the parents or lawful representatives if the child was taken away from them, or their location is unknown, or there is a direct threat to the child's life or health.
4. While the child is staying in a foster family, they shall retain their right to alimony, pension, social allowance and compensation in case of loss of the caregiver that the child had prior to being placed in the foster family.
5. The child placed in the foster family may remain in touch with their parents and other relatives.
6. The child placed in the foster family shall have other rights governed by applicable law.
Article 255. Duties of the foster parent
1) provide the child with accommodation, clothing, food etc.;
2) create appropriate conditions for the child's education and physical and mental development;
3) cooperate with the parents and other lawful representatives of the child to overcome the life challenges in the scope and using the methods defined by the guardianship agency;
4) provide the services referred to in the child foster care agreement;
5) facilitate the child's communication with their parents, lawful representatives or relatives, except where parental rights of the parent were terminated or the court restricted the parents' right to communicate with the child.
Article 256. Payment for foster care of the child
1. Payment for foster care of the child and social allowance for housing the child in the foster family shall be allocated from the local budgets in the amount and according to the applicable procedure defined by the Cabinet of Ministers of Ukraine.
2. When the child is placed in the foster family, their parents shall still be obliged to provide for the child.
{Chapter 20 as revised by Law No. 3497-IV of 23 February 2006; as amended under Law No. 936-VIII of 26 January 2016}
Article 256-1. Adoptive family
1. Adoptive family is a family that voluntarily adopted one to four orphan children and children deprived of parental care.
Article 256-2. Adoptive parents
1. Adoptive parents are the spouses or a single person who adopted one to four orphan children and children deprived of parental care.
2. Adoptive parents have obligations regarding upbringing and development of the children as referred to in Article 150 of this Code.
3. Persons referred to in Article 212 of this Code may not be adoptive parents.
{Part 3 of Article 256-2 as amended by Law No. 4652-VI of 4 June 2009}
4. Adoptive parents are lawful representatives of the adopted children and shall act as caregivers or guardians without any special authorisations.
Article 256-3. Adopted children
1. Adopted children are orphan children and children deprived of parental care adopted by the adoptive family.
2. Placing an orphan child or child deprived of parental care in a foster family requires the child's consent, provided that the child has reached the age and the stage of development to be capable of expressing such consent.
The child's consent to be placed in a foster family shall be given to an official staff member of the facility where the child is staying, in presence of the adoptive parents and a representative of the guardianship agency, and shall be recorded in the relevant document.
3. Adopted children shall live in the adoptive family until they reach the age of eighteen. Upon reaching the age of eighteen and in case of studying at a general secondary education facility, vocational school or higher education facility, such persons may, at their own discretion, continue to live in the adoptive family until they graduate from such educational facility.
Orphan children and children deprived of parental care who have disabilities may, at their own discretion, continue to live in the adoptive family until they reach the age of twenty-three regardless of whether they are studying at a general secondary education facility, vocational school or higher education facility.
{Part 3 of Article 256-3 as worded in Law No. 1020-IX of 2 December 2020; enacted on 30 March 2021}
4. The adopted children shall retain their right to alimony, pension, other social benefits and compensation for the loss of caregiver that they had prior to the adoption.
5. The adopted children may maintain communication with their parents and other relatives, except where this might harm their life, health and morality.
Article 256-4. Adoptive family
1. A decision to create an adoptive family shall be made by the raion state administrations, city district administrations in Kyiv and Sevastopol, and executive committee of the city council (for cities of republican importance (in the case of the Autonomous Republic of Crimea) and cities of Oblast importance) in accordance with the applicable procedure established by the Cabinet of Ministers of Ukraine.
2. The adoptive parents and the state agency that made a decision to create an adoptive family shall execute an adoption agreement based on the standard agreement template.
3. The state agency that made the decision to create an adoptive family must control that the adoptive parents comply with their duty to care for the children and provide for them.
4. The regulations on the adoptive family and standard adoption agreement shall be approved by the Cabinet of Ministers of Ukraine.
{Section IV supplemented with Chapter 20-1 in accordance with Law No. 3497-IV of 23 February 2006}
1. A foster home means a separate family created by the spouses or a single person to provide family care and accommodation for at least five orphan children and children deprived of parental care.
Article 256-6. Caregivers in foster homes
1. Caregivers are spouses or a single person who are providing care and accommodation to orphan children and children deprived of parental care.
2. Caregivers have obligations regarding upbringing and development of the children as referred to in Article 150 of this Code.
3. Persons referred to in Article 212 of this Code may not be caregivers.
{Part 3 of Article 256-6 as amended by Law No. 1452-VI of 4 June 2009}
4. Caregivers are lawful representatives of the children and shall act as caregivers or guardians without special authorisations.
5. For the purposes of arranging a foster home, caregivers shall be provided, on a priority basis, with a duly equipped individual house or multi-room apartment in accordance with the applicable law.
Article 256-7. Foster care alumni
1. Foster care alumni are orphan children and children deprived of parental care.
2. Placing an orphan child or child deprived of parental care in a foster home requires the child's consent, provided that the child has reached the age and the stage of development to be capable of expressing such consent.
The child's consent to be placed in a foster home shall be given to an official staff member of the facility where the child is staying, in presence of the foster parents and a representative of the guardianship agency, and shall be recorded in the relevant document.
3. Alumni shall live and study in the foster home until they reach the age of 18. Upon reaching the age of eighteen and in case of studying at a general secondary education facility, vocational school or higher education facility, such persons may, at their own discretion, continue to live in the foster home until they graduate from such educational facility.
Orphan children and children deprived of parental care who have disabilities may, at their own discretion, continue to live in the foster home until they reach the age of twenty-three regardless of whether they are studying at a general secondary education facility, vocational school or higher education facility.
{Part 3 of Article 256-7 as worded in Law No. 1020-IX of 2 December 2020; enacted on 30 March 2021}
4. The foster care alumni shall retain their right to alimony, pension, other social benefits and compensation for the loss of caregiver that they had prior to the admission to the foster home.
5. The alumni may maintain communication with their parents and other relatives, except where this might harm their life, health and morality.
Article 256-8. Establishing a foster home
1. A decision to establish a foster home shall be made by the raion state administrations, city district administrations in Kyiv and Sevastopol, and executive committee of the city council (for cities of republican importance (in the case of the Autonomous Republic of Crimea) and cities of Oblast importance) in accordance with the applicable procedure established by the Cabinet of Ministers of Ukraine.
2. The foster parents and the state agency that made the decision to establish a foster home shall enter into an agreement establishing the foster home based on the standard agreement template.
3. The state agency that made the decision to establish a foster home must control that the foster parents comply with their duty to care for the children and provide for them.
4. Regulations on the foster home and the standard agreement on the foster home shall be approved by the Cabinet of Ministers of Ukraine.
{Section IV supplemented with Chapter 20-2 in accordance with Law No. 3497-IV of 23 February 2006}
Section V
RIGHTS AND OBLIGATIONS OF OTHER FAMILY MEMBERS AND RELATIVES
Chapter 21
PERSONAL NON-PROPERTY RIGHTS AND OBLIGATIONS OF OTHER FAMILY MEMBERS AND RELATIVES
Article 257. Right of the grandparents and great-grandparents to raise the grandchildren and great-grandchildren
1. The grandparents/great-grandparents may communicate with and get involved in raising their grandchildren and great-grandchildren.
2. The parents or any other persons living with the child may not impede the grandparents/great-grandparents in exercising their right to raise the grandchildren and great-grandchildren.
Otherwise, the grandparents/great-grandparents may apply to the court with a complaint.
Article 258. Right of the grandparents to protect the grandchildren
1. The grandparents shall have the right to protect the grandchildren.
2. The grandparents may seek the protection of their minor, underage and adult incapable grandchildren by the guardianship agency or the court; this shall not require any special authorisations.
Article 259. Right of the siblings to communicate
1. Siblings, whether or not full, shall have the rights and obligations envisaged by the applicable law for the siblings.
2. The siblings shall have the right to communicate with each other even if they do not live together.
3. The mother, father and any other persons living with the underage siblings shall contribute to their communication.
4. Adult persons may get involved in the raising of their underage siblings regardless of the place of residence.
Article 260. Right of the step-parent to get involved in the raising of the stepchildren
1. If the step-mother/step-father lives with their minor/underage step-child they may be involved in their raising.
Article 261. Rights and obligations of the person who fostered a child regarding raising this child
1. The person who is fostering an orphan child or a child deprived of parental care shall have the rights and obligations regarding raising and protecting this child as envisaged by Article 249 and Article 262 of this Code.
{Part 1 of Article 261 as amended by Law No. 3497-IV of 23 February 2006}
Article 262. Right of the sibling, step-parent and other family members to protect the child
1. The sibling and step-parent shall have the right to protect their minor, underage and adult incapable siblings and step-children.
2. The sibling or step-parent may seek the protection of their minor, underage and adult incapable sibling or step-child by the guardianship agency or the court; this shall not require any special authorisations.
Article 263. Court resolution of disputes related to the participation of the grandparent, great-grandparent, sibling or step-parent in raising the child
1. Any disputes related to the participation of the grandparent, great-grandparent, sibling or step-parent in raising the child shall be resolved by the court under Article 159 of this Code.
Article 264. Obligation of the person to provide care for the grandparents, great-grandparents and the persons with whom they lived as a family
1. The grandchildren and great-grandchildren must provide care to their grandparents and great-grandparents.
2. Adult siblings and step-children must provide care to their siblings and step-parents who were raising them and providing them with financial support.
This obligation shall also apply to the persons with whom the lived as a family prior to reaching the age of majority.
Chapter 22
OBLIGATION TO PROVIDE FOR OTHER FAMILY MEMBERS AND RELATIVES
Article 265. Obligation of the grandparents to provide for the grandchildren
1. The grandparents must provide for their minor/underage grandchildren if they do not have the mother/father or if the parents are not able to provide sufficient support to them for a valid reason; provided, however, that the grandparents are able to provide such financial support.
Article 266. Obligation of the grandchildren/great-grandchildren to provide for the grandparents/great-grandparents
1. The adult grandchildren/great-grandchildren must provide for the incapable grandparents/great-grandparents who are in need of financial support and if they do not have the husband/wife or adult children or where these persons for valid reasons are not able to provide sufficient support; provided, however, that such adult grandchildren/great-grandchildren are able to provide such financial support.
Article 267. Obligation to provide for the siblings
1. The adult siblings must provide for their minor/underage siblings who are in need of financial support and if they do not have parents/spouse, or where these persons for valid reasons are not able to provide sufficient support; provided, however, that such adult siblings are able to provide such financial support.
2. The adult siblings must provide for the incapable adult siblings who are in need of financial support, if they do not have spouse/parents or adult children; provided, however, that the adult siblings are able to provide such financial support.
Article 268. Obligation of the step-parent to provide for the step-child
1. The step-parent must provide for the minor/underage step-child with whom they are living, if they do not have parents/grandparents/adult siblings or where these persons for valid reasons are not able to provide sufficient support; provided, however, that the step-parent is able to provide such financial support.
2. The court may release the step-parent from the obligation to provide for the step-child or limit the duration of such obligation, in particular, if:
1) the duration of living together with the step-child's parent was insignificant;
2) the step-child's parent was misbehaving during the marriage.
Article 269. Obligation of other persons to provide for the child
1. The persons whose family fostered the child must provide the child with financial support if the child does not have parents, grandparents or adult siblings; provided, however, that such persons are able to provide such financial support.
Article 270. Obligation of the step-child to provide for the step-parent
1. The adult step-child must provide for the incapable step-parent if they are in need of financial support and if they were providing financial support to the step-child on regular basis for at least five years; provided, however, that the step-child is able to provide such financial support.
2. The step-child shall become obliged to provide for the step-parent if the step-parent does not have spouse/adult child/siblings or when these persons are not able to provide them with sufficient financial support for valid reasons.
Article 271. Obligation of the person to provide for the persons with whom they lived as a family prior to reaching the age of majority
1. If the person lived with their relatives or any other persons prior to reaching the age of majority, the person must provide for the incapable relatives and other persons with whom they lived together for at least five years; provided, however, that the person is able to provide the financial support.
This obligation arises when the person who is in need of financial support does not have spouse/adult children/siblings or where these persons for valid reasons are not able to provide them with sufficient support.
Article 272. Amount of maintenance collected from other members of the family and relatives; applicable period
1. The amount of maintenance collected from other family members and relatives for the benefit of the children and incapable adult persons who are in need of financial assistance shall be set as a share of income or as a fixed amount.
The court shall set the amount of maintenance with due regard of the material and marital status of both the payer and the receiver.
2. If the claim was filed not against all but against some of the associated persons, the amount of maintenance shall be set with due regard of the duty of all obligors to provide maintenance. The total amount of maintenance to be collected must be at least 30% of the subsistence wage for a child of the relevant age.
{Part 2 of Article 272 as amended by Law No. 2901-IV of 22 September 2005}
3. The court may set the maintenance duration.
Article 273. Change of the amount of maintenance and release from the maintenance payment obligation
1. In the event that financial or marital status of the payer or receiver has changed the court may, upon the request of either party, change the amount awarded or release the payer from the payment obligation.
The court may release the persons referred to in Article 267 to Article 271 of this Code from the obligation to pay maintenance in case of other important circumstances.
Article 274. Determining the maintenance arrears to be collected from other members of the family and relatives Full or partial release from the obligation to pay arrears
Determining the maintenance arrears to be collected from other members of the family and relatives as well as full or partial release from the arrears payment liability shall be governed by the applicable provisions contained in Article 194 to Article 197 of this Code.
Section VI
ADOPTION OF CHILDREN BY THE CITIZENS OF UKRAINE RESIDING ABROAD AND BY FOREIGN NATIONALS
{Title of Section VI as worded in Law No. 2709-IV of 23 June 2005 and Law No. 3381-VI of 19 May 2011}
{Article 275 removed under Law No. 2709-IV of 23 June 2005}
{Article 276 removed under Law No. 2709-IV of 23 June 2005}
{Article 277 removed under Law No. 2709-IV of 23 June 2005}
{Article 278 removed under Law No. 2709-IV of 23 June 2005}
{Article 279 removed under Law No. 2709-IV of 23 June 2005}
{Article 280 removed under Law No. 2709-IV of 23 June 2005}
{Article 281 removed under Law No. 2709-IV of 23 June 2005}
Article 282. Adoption of the child who is a citizen of Ukraine but resides outside Ukraine
1. A child who is a citizen of Ukraine but resides outside Ukraine shall be adopted by a citizen of Ukraine at a consular section or a diplomatic mission of Ukraine.
If the adoptive parent is not a citizen of Ukraine, adoption of the child who is a citizen of Ukraine requires the consent of the central executive agency implementing the state policy on adoption and protection of children's rights.
{Recital 2, Part 1, Article 282 as amended by Law No. 3097-IV of 16 November 2005 and Law No. 5462-VI of 16 October 2012}
Adoption by a foreign national of a child who is a citizen of Ukraine done through the relevant state authorities of the country where the child is residing shall be valid provided the prior consent of the central executive agency implementing the state policy on adoption and protection of children's rights.
{Recital 3, Part 1, Article 282 as amended by Law No. 3097-IV of 16 November 2005 and Law No. 5462-VI of 16 October 2012}
Article 283. Adoption by a foreign national of the child who is a citizen of Ukraine
1. Adoption by a foreign national of the child who is a citizen of Ukraine shall take place on the general basis as envisaged in Chapter 18 of this Code.
2. The child who is a citizen of Ukraine may be adopted by a foreign national if the duration of the child registration with the central executive agency implementing the state policy on adoption and protection of children's rights is at least one year.
Adoption may take place earlier and before the child reaches the age of five, if:
1) the adoptive parent is the child's relative;
2) the child has a disease that is included on the special list of diseases approved by the central executive agency making the state healthcare policy;
{Clause 2, Part 2, Article 283 as amended by Law No. 5462-VI of 16 October 2012}
3) all full siblings are adopted in the same family, if one of the children has reached the age of five and has been registered with the central executive agency implementing the state policy on adoption and protection of children's rights for at least one year;
4) foreign nationals are willing to adopt the child who is a sibling of the child earlier adopted by them.
{Part 2 of Article 283 as amended by Law No. 3097-IV of 16 November 2005 and Law No. 3381-VI of 19 May 2011}
3. The child may be adopted by a foreign national unless a citizen of Ukraine volunteered to adopt or foster this child.
{Recital 1, Part 3, Article 283 as worded in Law No. 3381-VI of 19 May 2011}
A preference for the adoption of a child who is a Ukrainian citizen shall be given to the foreign nationals who are:
2) citizens of the countries with which Ukraine made a legal aid agreement.
{Part 3 of Article 283 as amended by Law No. 3097-IV of 16 November 2005}
4. Adoption of a child by a foreign national requires the consent of the central executive agency implementing the state policy on adoption and protection of children's rights.
The central executive agency implementing the state policy on adoption and protection of children's rights shall, in accordance with the applicable procedure set by the Cabinet of Ministers of Ukraine, contact the Ministry of Internal Affairs of Ukraine to verify the foreign nationals adopting a child who is a citizen of Ukraine for any compromising information from foreign law enforcement authorities and the INTERPOL General Secretariat.
{Part 4 of Article 283 as amended by Law No. 3097-IV of 16 November 2005, Law No. 1452-VI of 4 June 2009 and Law No. 3381-VI of 19 May 2011}
5. In case of child adoption by foreign nationals the scope of the child's rights must be at least equal to the scope of rights envisaged by the applicable laws of Ukraine.
6. The adopted child shall remain the citizen of Ukraine until they reach the age of eighteen.
The adopted child shall have the right to maintain their national identity in accordance with the Convention on the Rights of the Child and other applicable international instruments.
Article 284. Adoption of the child who is a foreign national residing in Ukraine
1. Adoption of a child who is a foreign national residing in Ukraine by Ukrainian citizens or foreign nationals residing in Ukraine shall be on general grounds.
Article 285. Restriction of the foreign national's right to secrecy of adoption of the child who is a citizen of Ukraine
1. Adoption of the child who is a citizen of Ukraine by a citizen of the country with which Ukraine does not have a legal aid agreement in place shall not be secret if adoption is not secret in the country where the adoptive parent resides on a permanent basis and where the child is expected to move.
2. Adoption of the child who is a citizen of Ukraine by a citizen of the country with which Ukraine does not have a legal aid agreement in place, provided that such person does not reside in Ukraine on a permanent basis, shall not be secret.
Article 286. Adoption in Ukraine of a child who is a foreign national or a stateless person by a foreign national
1. Adoption of a child who is a foreign national or a stateless person by a foreign national in Ukraine shall be under the applicable laws of Ukraine unless otherwise governed by the international treaties of Ukraine.
{Article 286 as worded in Law No. 3381-VI of 19 May 2011}
Article 287. Supervision of the protection of rights of the children adopted by foreign nationals
1. In case the children are adopted by foreign nationals and reside outside Ukraine, the relevant consular section shall, upon assignment by the Ministry of Foreign Affairs of Ukraine, register these children and supervise that they rights are duly respected until they reach the age of eighteen.
Procedure for supervision for the protection of rights of the children adopted by foreign nationals and residing outside Ukraine shall be set out by the Cabinet of Ministers of Ukraine.
{Article 288 removed under Law No. 2709-IV of 23 June 2005}
{Article 289 removed under Law No. 2709-IV of 23 June 2005}
{Article 290 removed under Law No. 2709-IV of 23 June 2005}
{Article 291 removed under Law No. 2709-IV of 23 June 2005}
{Article 292 removed under Law No. 2709-IV of 23 June 2005}
1. This Code shall become effective immediately as the Civil Code of Ukraine becomes effective.
{Clause 1 of Section VII as worded in Law No. 407-IV of 26 December 2002}
2. The following regulations and instrument shall become invalid upon the entry of the Family Code into force:
{Recital 1, Clause 2, Section VII as worded in Law No. 407-IV of 26 December 2002}
1) Code on Marriage and Family of Ukraine (Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1969, Appendix to No. 26, Article 204; 1971, No. 20, Article 141; 1973, No. 21, Article 181; 1980, No. 38, Article 754; 1984, No. 7, Article 136; 1985, No. 11, Article 205, Article 206; 1987 р., No. 8, Article 149, No. 35, Article 674; 1991, No. 9, Article 89; (Bulletin of the Verkhovna Rada of Ukraine, 1992, No. 4, Article 25, No. 36, Article 528; 1996, No. 7, Article 26; 2000, No. 9, Article 67, No. 50, Article 436).
Section V “Civil status“ shall remain valid and effective to an extent not in conflict with this Code pending the adoption of the dedicated law;
2) Law of the Ukrainian SSR “On approval of the Code of Marriage and Family of the Ukrainian SSR“ of 20 June 1969 (Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1969, No. 26, Article 204);
3) Decree of the Board of the Verkhovna Rada of the Ukrainian SSR of 29 December 1969 “On enactment of the Code on Marriage and Family of the Ukrainian SSR“ (Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1970, No. 2, Article 16; 1980, No. 38, Article 754).
2-1. During the lockdown introduced by the Cabinet of Ministers of Ukraine to prevent the spread of the coronavirus disease (COVID-19), the periods referred to in Article 72, Article 128, Article 129 and Article 139 of this Code shall be extended for the duration of such lockdown.
{Section VII supplemented with Clause 2-1 in accordance with Law No. 540-IX of 30 March 2020}
3. The Cabinet of Ministers of Ukraine shall,
within three months upon the publication of this Code, submit its proposals on amendments to the Laws of Ukraine deriving from this Code to the Verkhovna Rada of Ukraine;
bring its regulatory acts in line with this Code;
ensure that ministries and other central executive authorities bring their regulatory acts in line with this Code.
