"How to adopt a child from the war zone?" – this question often comes to our free hotline for adoptive parents 0 800 50 14 14. People wishing to adopt, to take under guardianship or in foster care, children with dangerous territory also appeal to The Rinat Akhmetov Humanitarian Centre. Each month of such complaints more and more, and that means getting more people who realize that only family can protect the child from war and neglect. But for 2014, the adoption process remained unchanged and the mechanisms that operated in time of peace, stopped in a time of war. So many issues with this, it is difficult to decide. For legal assistance we have once again turned to Lyudmila Volynets. Expert on the protection of the rights of children answered the questions of the portal users https://charitymay.com.
- Want to adopt/ take custody of the child from the Donetsk/Luhansk region, which killed the parents?
The wide international resonance of the armed conflict in the Southeast of Ukraine, active diplomatic activities of Ukraine in the international arena, contributing to the growth of the desire of the foreign families to adopt Ukrainian child, as they say, from the zone ATO. Growing number of complaints and citizens of the Russian Federation, which as a result of the information war, have distorted information about children and adoption in Ukraine.
- Can foreigners adopt children from the ATO zone?
Foreigners (including citizens of the Russian Federation), as before, can adopt a child in Ukraine only through an appeal to the Ministry only after the expiry of one year and two months from the date of documentary evidence of the fact that the child's parents (i.e. the date of death of the second parent). Therefore, if you consider the fact that numerous cases of deaths of civilians in the area of ATO began in the summer, the children can be adopted by FOREIGNERS, no earlier than fall 2015.
- If the orphan is on the website, "no to Orphancy!", from the Donetsk/Lugansk region and transport it to another area, which area to look for him on the portal?
The place of origin of the child does not change with the change of its location (location). Where the child was, the direction it should give Service for children the area where this child acquired the status is on the primary account. That is, when we are talking about children from Donbas who were evacuated from combat zones in other regions of Ukraine, still need to contact the service for children of the Donetsk and Luhansk regional state administrations. If the child's profile from a regional account base of orphans and children deprived of Batista custody, have been transferred to the national account, you can also contact the Department of children's rights protection and adoption Ministry of social policy (044 278 40 45).
- Is it possible to adopt/take custody of/in the PS/FTO in children from the Donetsk/Luhansk region., if we live in a different area?
There are no restrictions regarding family placement of children from the Luhansk and Donetsk regions the law has not. Adoption and placement of children under guardianship has never depended on the region of residence of children and prospective adoptive parents, guardians. Guardianship, by law, is issued or at the place of residence of the guardian or the place of residence of the ward. Adoption, by law, by the court at the place of residence of the child to be adopted. However, it remains uncertain Cabinet, what is the structure of Executive authorities performing the duties of the guardianship and custodianship Agency to replace the abolished local bodies of Executive power (they are the same bodies of guardianship and guardianship agencies) in the territories not controlled by Ukraine. Because of this, problems can arise when the device in families of children who come from the territories which are now controlled by the rebels.
- Is it possible to adopt/take custody of/in the PS/FTO in children from the Donetsk/Lugansk region, if we live in the same areas?
If You reside in the areas controlled by Ukraine and Your documents comply with the legislation, You have the right to adopt or take care of the child. For this it is necessary to contact the Service for children at the place of Your residence.
- If we are immigrants and now want to begin the process of adoption/guardianship, etc., are we now going to start doing it, you need to do?
Temporarily displaced persons are not limited in any rights. Upon registration You as temporarily displaced persons, You need to collect the documents stipulated by the legislation, and apply to the Service for children at the place register You as displaced persons.
- We want to adopt a child from Donetsk/Luhansk region, which killed the parents how to do, how to find a child like paperwork?
In order to obtain the status of prospective adoptive parents You need to contact the Service for children at the place of Your residence. And for a meeting with child Services to children of Donetsk and Lugansk regional state administration. It is worth considering that most of these children brought up under guardianship in families of relatives.
- We are a foster family from the Donetsk region, moved now to another region, I want to take more children in family (but PS is already full of children), we need to create family homes which is to do what we can to take children to in the family?
About 7 thousand families, guardians with wards children and more than 500 foster families and orphanages of family type, which was created by the liquidated bodies of guardianship and guardianship of Donetsk and Lugansk regions moved to other regions of Ukraine. The decision eliminated the local authorities, for example, the appointment of a guardian, the establishment and functioning of guardianship, foster families and orphanages of family type can not be changed by any Executive authority. Unfortunately, the Ministry has still not decided on this extremely important issue – who has the right to change the decision of the eliminated occupation of the local Executive authorities. Answering the question, You need to contact the Service for children at the place of registration of internally displaced persons, a statement about the desire to create DDST. In the case of adoption by the local Executive authorities of a positive decision, transfer of foster children in the status of inmates of family homes and additionally arrange children.
- Can we take children from the zone ATO under temporary custody?
It is difficult to answer Your question, because the Ukrainian legislation does not contain the concept of "temporary custody". Children get into care or up to the age of majority or until the occurrence of the circumstances when the biological parents return to parenting.
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