How to adopt a child from the combat zone?, — this question is often comes to our free hotline for adoption 0800 50 14 14. People who want to adopt children, to custody or take into a foster family children from unsafe territory apply also to Rinat Akhmetov Humanitarian Center.
Each month such appeals are more and more so it means that more people understand that only family can protect children from war and homelessness. But during 2014 the procedure of adoption remained unchanged and mechanisms that were operated in peacetime, stopped in war time. That is why many issues associated with this, it is difficult to solve. For legal help, we once again turned to Lyudmila Volynets. Child protection expert responded to questions from users of the portal Sirotstvy.net.
- We want to adopt / take custody of the child from the Donetsk / Lugansk region, whose parents died?
Wide international publicity about the armed conflict in southeastern Ukraine, Ukraine active diplomatic action on the international scene, causing the increase of foreigners who wish to adopt a child in Ukraine, as they say from the area ATO. As a result of the information war, it increases a number of appeals and citizens of Russian Federation, who have a distorted information about children and the procedure of adoption in Ukraine.
Can foreigners adopt a child from the area ATO?
Foreign nationals (including citizens of the Russian Federation) still can adopt a child in Ukraine only through an appeal to the Ministry of Social Policy and only after the expiry of one year and two months after the documentary testimony of the fact of losing a child parents (ie, the date of death of the other parent) . Therefore, taking to the consideration the fact that many deaths of civilians in the area ATO began in summer, children can be adopted by FOREIGNERS, not before autumn 2015.
If an orphan child is in the portal «Orphanhood — no!» From Donetsk / Lugansk region and he is moved to another area, in which area we can find him on the portal?
Place of child’s origin does not change with the change of place of residence (location). Wherever the child is, Service for children of the region where the child has acquired status and is on the primary account has to give the referral to an acquaintance with it.
That means, when we talk about children from Donbass, who were evacuated from the combat zone to another region of Ukraine, it is necessary still to apply to Services for children of Donetsk and Luhansk regional state administrations. If a child profile on regional accounting framework orphans and children deprived of parental care has already transferred to the national account, you can also contact the Department of child protection and adoption of Ministry of Social Policy (044 278 40 45).
Is it possible today to adopt / take care of / in SS / in DDST the child from the Donetsk / Lugansk region, if we live in a different area?
Legislation has no restrictions on family placing children from Luhansk and Donetsk regions. Adoption and custody have never depended on the region of residence of children and candidates for adoptive parents, guardians. By law the procedure of custody is issued on the guardian residence or the child residence. Adoption, by law, is issued by the court at the residence of the child who is adopted.
However, the Cabinet of Ministers didn’t decide which structure of executive authorities acting guardianship authority instead of liquidated local executive bodies (they guardianship agencies) in the territory outside the control of Ukraine.
That is why there can be problems with adopting children, who come from areas that are now under the control of militants.
Is it possible today to adopt / take care of / in SS / in DDST the child from the Donetsk / Lugansk region, if we live in this area?
If you live in the territory controlled by Ukraine, and Your documents comply with the legislation, You have the right to adopt or take care of children. To do this, You need to apply to Services for children at Your place of residence.
If we are temporarily displaced people, and now want to start the process of adoption / custody, etc., can we now start doing it, what do we need for this?
Temporarily displaced persons are not limited in any rights. From the moment you register as temporarily displaced, you must collect the documents that are required by law, and file an application to the Service for Children at the place you are registered as displaced persons.
We want to adopt a child from Donetsk / Lugansk region, whose parents died how to do it, how to find the child, how to make the documents?
To get the status of an applicant candidate you should contact the Services for Children at place of your residence. While to meet a child — you should contact the Service for Children of Donetsk or Luhansk Regional State Administration. It is necessary to say that most of these children now are bringing up in their relatives families.
We are foster family from Donetsk region, now we live in other region, we want to take more children in the family (but PS is completely filled with children), we need to create DDST, in what area it should be done, from what area we can take the children in the family?
About 7000 families guardians with wards children and more than 500 foster families and family-type orphanages that were created by liquidated guardianship authorities of Donetsk and Lugansk regions, have moved to other areas of Ukraine. The decision of liquidated local authorities, for example, on the appointment of a guardian, the establishment and functioning of trustees, foster families and family-type orphanages cannot be changed by any executive authority.
Unfortunately, to this date, Ministry of Social Policy didn’t decide yet on this crucial issue — who has the right to change the decision of the liquidated by the occupation local authorities.
Answering the questions, you should appeal the Service for Children at the place you were registered as internally displaced persons, with a statement about the desire to create a family type home. If the local authorities will take a positive decision to transfer the status of foster children and children of FTH and arrange children additional.
Can we take the kids from the area ATO under temporary custody?
It is difficult to answer your question because the Ukrainian legislation does not have the concept of «temporary custody». Children are held in custody until the age of majority or until the circumstances when biological parents are returning to perform parental duties.