Adoption or the adoption is solely at the discretion of the court. According to Article 207 of the CCU, the adoption must be understood as the adoption of a minor by the adoptive parent as a son or daughter. That is, after the adoption process, the child receives not only the appropriate rights (for example, the right to inheritance) but also responsibilities towards parents.
From the moment of adoption, any property or personal rights between the adopted person and his or her biological parents are terminated. The same applies to other relatives by origin.
But even from the above rule, there are exceptions. These include the following:
- Retention of rights and obligations at the request of the mother (male adoptive parent) or upon the request of the father (female adoptive parent).
- A situation that occurred after the death of one of the child’s parents (the same applies to the situation after the dissolution of a marriage with a person recognized as legally incompetent). If after this, the second parent marries a person who expresses a desire for adoption, the child’s relatives on the side of the deceased parent (grandparents, siblings) can apply to the court to maintain a legal relationship with the child.
→ Adoption usually involves a minor child. But in legal practice, there are cases when the court made positive decisions to adults, paying attention to their lack of parental care or other significant reasons. In such cases, the court also pays special attention to the family and social status of the adoptive parent, the absence of their children, and other significant circumstances.
The local Council, local government organizations, as well as the State Department for adoption and protection of children’s rights, keep records of children who may be adopted, as well as persons who wish to adopt a child.
Mediation or commercial activity to issues related to adoption is prohibited in Ukraine. Custody or guardianship of foreigners or stateless persons is also illegal. This information gives rise to a more cautious and suspicious attitude towards offers of assistance for adoption by third parties or agencies. If you decide to adopt a child, only a qualified lawyer with significant experience in this area of law can help you.
It is important to remember that the application to the court for adoption must be made personally by the person who expressed such a desire. The application cannot be sent through a representative. The lawyer can make it up correctly and explain in detail how to submit it.
Invalidity and cancellation of adoption
The fact of adoption may be invalidated and subsequently canceled. Such a decision is made only by the court in the following cases:
- the adoption was made without the consent of the child or his parents (if there was a need for such consent);
- the adoption was fictitious since the adopter did not want to receive the rights and obligations associated with this legal status;
- the adoption was made based on a forged set of documents;
- there were no necessary consents and permissions for adoption (second parent, medical or educational institution);
- one of the spouses is the adoptive parent of the second spouse’s child, but the information is established that at the time of adoption, the second spouse did not intend to continue the marriage relationship.
Adoption can be canceled in court in the following cases:
- the fact of adoption does not correspond to the interests of the child;
- the child has an incurable physical or mental illness that the adoptive parent did not know about and could not have known about at the time of adoption;
- between the adoptive parent and the child, there is a relationship that does not allow the further performance of parental duties.
If the child has reached the age of majority, it is no longer possible to cancel the adoption. However, such cancellation is still possible. This happens when the adopted behavior is threatening the lives of the adoptive parent or his / her family members, by mutual consent of the adopter and adoptee or at the request of one of them, if the relationship of the adoptive parent and the adoptee is impossible for objective reasons.
Not only the adoptive parent, the child’s biological parents, the guardian, the guardianship authority or the Prosecutor can apply to the court to cancel the adoption, but also the child himself, if he is 14 years old.
Kasyanenko & Partners Law Company specialists have many years of experience in resolving family disputes, as well as issues of adoption, are always ready to provide you with detailed advice, as well as prepare all the necessary documents.
Our policy is decisions, not advice. Always and in everything we are guided primarily by the interests of our clients.