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posted 9 years ago
Adopting a child is a responsible step for every
family.
The procedure of adoption is extremely difficult, both
from a legal and social point of view. The legislative process of adoption is
regulated in a way that as a result of adoption adopters and person who is
adopted carry out certain risks. There is a probability that the child will not
mature appropriately for the proper upbringing and cares of the new parents. After
all, except upbringing, a great or even a decisive influence on the formation
of personality has genetic heredity.
The procedure of the
adoption of children by citizens of Ukraine
People wishing to adopt a child have to:
• apply for
taking them into registration of prospective parents to services for
children affairs at the place of residence;
• add the package
of documents prescribed by the procedure of adoption to the application form.
In case of a positive conclusion by the services for
children affairs, the applicants will register as candidates. The next stage is
the introduction of candidates with information on children who can be adopted
and issue them appropriate referrals.
Information on children who can be adopted is provided
to prospective parents in personal meeting in the affairs service of children affairs
and includes:
• information
about the name, age, gender;
• legal basis
for adoption;
• information of
the health, physical and mental development;
• information on
the child arrangement form;
• information
about the presence or absence of siblings, their age and child arrangement form;
• showing photos
of the child.
If potential adopters wish to meet with the child
personally, they are issued directions to acquaintance. Its duration is ten
working days from the date of issuance and may be extended by no more than 10
working days.
The purpose of this phase is to establish contact
prospective parents with a child. Candidates become acquainted with the child and
the documents contained in the personal file of the child, medical card,
history of life, features of growth, behavior, abilities, character traits etc.
Rights of potential adopters
Candidates are entitled daily within the term of
direction to visit a child according the place of residence or stay and
interact with him/her in the allotted time.
Thus, candidates have up to 20 days to communicate
directly with the child. But duration of these visits is limited. Therefore, in
practice there may arise the situation that such acquaintance is quite
superficial and there is no opportunity for getting know the nature of the
child sufficiently.
If after this stage, adopters decided on adoption,
they should turn service on children affairs at the place of residence or stay with
the application for the adoption of a child. At the same time they are given
the opportunity to learn about the child they intend to adopt. It should be
noted that this information has limited character.
In addition, candidates have the right to conduct
additional medical examination of the child (under certain conditions specified
by law).
With regard to the personal file of the child, there is
form of the child established by law. As for the information about biological
parents, the child form has «Information on parents» containing the
following data: name, surname, patronymic by mother and father.
In practice, potential adopters face the problem of
interference and unwillingness of workers of services for children affairs to
provide more information about biological parents. The reasons are as follows: such
information is generally negatively characterizes parents. They may be people who
suffer from drug or alcohol dependence, be subject to criminal charges or are
prone to deviant behavior and more. Therefore, in future, adopters would not be
surprised if their child after a few years will be issued to certain behaviors
or hereditary diseases.
At this stage it is important to collect and explore
all available information about the child and biological parents for a
successful adoption. The company «Aleksey Pukha and Partners» provides advice of
adoption and analyzes all possible legal opportunities and risks for potential
parents. Lawyers of the company help to collect and prepare all the necessary
documents for the quicker adoption of a child.
Cancellation of adoption
There may be situations that the court made a decision
on adoption of the child who was taken to the new family, but over time new
parents realize that their hopes for a long-awaited child are broken. It turns
out that the child is poorly developed, heavily exposed to appropriate methods
of education and training provided for children of his age has a disease, which
was not mentioned in the medical report or in a few years gave its
manifestation disease transmitted exclusively by inheritance from one of the
biological parents.
The solution of the problem of «genetic
effects»
could be introduced by the institute of prior residence of the child in the
adoptive family within a certain period with the right of following adoption.
For example, this period may be 3 or 5 years by the criterion of balancing the
interests of the adoptive parents, on the one hand, and protecting vulnerable
psyche of the child, on the other. During this time, both sides could
thoroughly understand each other and finally decide whether they can be family,
not only formally. It requires a simple warning about the fact of child
adoption and excludes the Institute of secrecy of adoption in the part of
secrecy concerning the child adoption. Or restrict it if the previous residence
set only in certain cases, such as when a child has reached 5 years or can
realizes the adoption by the family with the possibility of continuation or
when adopters refuse it themselves and are ready for immediate adoption of a
child without canceling it in future, except on grounds provided by paragraphs
1 and 3 of part 1 of Article 238 Family Code of Ukraine.
Clients of «Aleksey Pukha and Partners» had
never canceled adoption because all the details have been determined in
advance. Individual approach to every client and detailed study of the provided
case allows avoiding such negative situations.
Peculiarities of adoption by
foreigners
Despite the fact that the adoption of children in
Ukraine by nationals of the country is a priority it always remains topical
issue of adoption of Ukrainian children by foreign citizenship. A child who has
Ukrainian citizenship can be adopted by foreigners only under certain
conditions. Firstly, he (she) should be registered in the Ministry of Social
Policy of Ukraine; secondly, his (her) age should not be less than 5 years. In exceptional
cases, adoption can take place without observance of the specified conditions.
Adoption by foreigners can be hold only with the
consent of Ministry of Social Policy. Therefore, the Ministry of Social Policy
sends a request to the Ministry of Internal Affairs of Ukraine regarding the
verification of foreigners on the presence or absence of information which
could negatively characterize them in law enforcement of the foreign country
and to the General Secretariat of Interpol.
Foreigners who wish to become adopters of the child
living in Ukraine should submit their case to Ministry of Social Policy (for a
list of required documents) to be registered with the adoptive parents. Then
foreigner expects invitation for an interview, which takes place directly in
the Ministry of Social Policy. After a successful interview, a person can familiarize
with information about children and by stopping the choice on the particular child,
get a referral for a personal dating and establishing contact with him (her).
If you have a desire to adopt, you need to submit an
application to service on children affairs and get a conclusion on whether the
adoption is relevant and meets the interests of the child.
A crucial step in this process is to obtain the
consent of the Ministry of Social Policy for adoption the child. According to
the legislation of Ukraine, the issue of adoption is solved by the court in order
of special proceedings. Consequently, the final step is to obtain a court decision.
The company «Aleksey Pukha and Partners» is ready to represent the adopters’ interests
in the court.
The process of adoption is a complicated and durable process.
The law company «Aleksey Pukha and Partners» has significant experience in
family law. Specialists of the company successfully accompany the process of
adoption by Ukrainian and foreign citizens. Lawyers of «Aleksey Pukha and
Partners» will take over the entire process of documentation preparation and
will help to accelerate the process of adoption.
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