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Changes in Ukrainian Law (intercountry adoptions)

November 30, 2006, 0:00 2669 www.adoptsiaa.com

On November 16,2006 the Rada (Ukraine’s parliament) register legislation # 2562 “make some changes in Ukrainian law about adoption”.

The changes will come into effect as soon as it is published. The Ukrainian version is available on the official Rada website: http://gska2.rada.gov.ua/pls/zweb_n/webproc4_1?id=&pf3511=28692

Article 211. Persons Entitled to Be Adopters

1. A legally capable person that has attained the full age may be an adopter.

2. A person that is at least 15 years older than the child he/she wishes to adopt may be an adopter.

Difference in age between adopter and the child he/she wishes to adopt should be not more than 45 years.

If an adult person is adopted, the difference in age may not be less than 18 years.

Article 212. Persons that May not Be Adopters

1. May not be adopters persons:

1) whose legal capacity is restricted;

2) found legally incapable;

3) deprived of their parental rights if such rights have not been resumed;

4) that adopted another child but such an adoption has been revoked or found null and void because of their fault;

5) that are registered or undergo a treatment in a psychoneurologic or narcologic dispensary;

6) that are alcohol or drug addicts;

7) that do not have a permanent place of residence and stable earnings (income);

8) that suffer from diseases whose list is approved by the Ministry of Health of Ukraine.

9) an Alien, who is not married

2. In addition to persons referred to in paragraph 1 of the present Article, may not be adopters other persons whose interests conflict with the interests of the child.

Article 283. Adoption of a Child who is a National of Ukraine by an Alien

1.An alien shall adopt in Ukraine a child who is a national of Ukraine on the general basis set forth in Chapter 18 of the present Code.

Adoption of a child, who is a citizen of Ukraine, can not be done by an Alien, who is not married.

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