Ukraine is not a member of Hague Convention.
Adoption Authority in Ukraine
The State Department for Adoption (SDA), a part of the Ministry of Social Policy, is the only legal Ukrainian authority for adoptions. It maintains the database of adoptable children available for both domestic and international adoptions. The SDA is involved in the international adoption process from the moment prospective parents apply for registration until an adoption hearing is held in court. The SDA has a policy of direct contact with prospective adopting parents.
UKRAINIAN LEGISLATION ON ADOPTION
- Constitution of Ukraine
- Family Code of Ukraine
- Civil Procedural Code of Ukraine
- Resolution on Adoption by the Cabinet of Ministers of Ukraine #905
- Law on citizenship of Ukraine
In addition to U.S. immigration requirements, Ukraine has specific requirements that a child must meet in order to be eligible for adoption:
- Abandonment: Section IV, Chapter 18, Articles 207-219 of the Ukrainian Family Code provides detailed information regarding eligibility requirements for children to be eligible for intercountry adoption, including reference to abandonment.
- Age of Adoptive Child:Ukrainian law requires orphans to be at least five years old before they are eligible for intercountry adoption. The law exempts children with certain special needs, relative adoptions, and sibling adoptions.
- Sibling Adoptions: If all siblings are eligible for intercountry adoption, they normally cannot be separated by adoption. A separation by adoption can be approved in some cases, but this is usually a complicated and lengthy process.
- Waiting Period or Foster Care: A child must be registered for at least one year with the central adoption authority before he or she becomes eligible for international adoption. It is possible to adopt a child from foster care, but it is a complicated and lengthy process.
- Special Needs or Medical Conditions: There are specific health problems that, when present, allow orphans under five years of age, as well as those who have not been on the central registry for one year, to be adopted.