Today, June 1st the entire World celebrates the Global Day of Parents and the International Child Protection Day. In the name of this date, we have to touch one really sensitive topic – adoption of kids who suffered from the war in Ukraine. The lawyers of Heritage Surrogacy Agency, who are skilled in cross-border affairs, face this question really often and ready to share their international experience and research.
The Russian invasion of Ukraine is the biggest war in Europe since the WW2. More than 250 children were killed at now and about 500 children injured with Russian missiles and arms – these are only official numbers. Many children lost their parents - became orphans. Some large-hearted Intended Parents ask the lawyers if they can adopt anyone from Ukrainian orphans who suffered from the war.
What Does the Law on Adoption State?
During hostilities, the adoption procedure doesn’t work – neither in Ukraine, nor in most other countries. This is sad, but there are some good reasons for this. First of all, it is impossible to collect the whole package of documents: the registers, courts and other authorities simply may not work.
Even if the child lived in the orphanage, it doesn’t mean that he/she doesn’t have the parents. There may be multiple reasons to be in the children’s house: the parents might be sick, imprisoned, unknown, disappeared, or the child may be placed to the orphanage without parental rights deprivation. Some children may have disabilities, so that parents can’t take appropriate care of them and place them to the orphanage or hospital.
There are really many children who lost their parents during the war 2022 in Ukraine. But none of these kids is alone on the street. Ukrainian authorities are looking for the relatives, and the family members have the privilege to adopt the child or take under temporary custody.
Ukrainian children escape to other countries indeed. More than 4000 children left their country after invasion, but none of them was adopted. Orphans cross the border only with official invitation from another country, and there must be a person to guide the children. Usually, orphans may not be hosted with the families, but only with foreign official institutions (there are really few exceptions).
So that is once again: it is impossible to adopt a child during the war almost everywhere. We’re pretty positive that the adoption possibility in Ukraine will be renewed after the war is over.
There are multiple questions from the same-sex couples and single people about international adoption. In Ukraine, similar to some other Eastern European countries, old-fashion values and religion make a huge impact on people’s mentality and state governance. Unfortunately, there’s a great portion of stigma around LGBT community and same-sex marriages. For example, surrogacy in Ukraine was only available for officially married heterosexual couples. The situation with adoption for single parents or same-sex couples is about the same.
Par. 3 Art. 221of the Family Code of Ukraine states that Adoptive Parents may not be the persons of the same sex. Persons who are not married with each other may not adopt the same child. According to p.1.9 Art. 212 of the Family Code of Ukraine, Adoptive Parents may not be foreigners who are not married, except in cases where the foreigner is a relative of the child. Art. 51 of the Constitution of Ukraine stipulates that marriage is based on free consent of a woman and a man. Art. 21 of Family Code of Ukraine establishes that marriage is a registered family union of a woman and a man. Thus, Ukrainian domestic legislation prohibits Adoptive Parents who are persons of the same sex and foreigners who are not married.
The events and bills for the LGBT rights in Ukraine gain bigger popularity, attitudes are becoming more accepting, however the same-sex families are still constitutionally banned. Employment anti-discrimination, simplified transition process for transgender people, allowance to serve in the military forces – these all were achieved recently in Ukraine and much more is ahead.
What Is the Way to Support Children of the War?
If you intend to commit a charity, it is better to donate via official bank accounts of only well-known, recognised or state-controlled institutions or charity foundations. You may ask for advice from official authority representatives. But even without the financial donations anyone from us may donate their compassion and humanity. The children are our future. For their sake we work and live, make plans and hope for happiness. All of us, the adults, should surround children with attention and care, teach them the history and respectful attitude towards achievements of the past, and teach them to be kind and humane, not tolerate lies, violence and war crimes. This is a responsible mission of the entire society and of each of us.
