Issue: № 4, 2025
Doi: https://doi.org/10.37634/efp.2025.4.19
In the context of geopolitical changes and reform of national policy in line with European standards, the effectiveness of mechanisms for the adoption of orphans and children deprived of parental care remains an important indicator of the state's social development. They ensure the observance of children's rights and contribute to the harmonious development of society, as enshrined in the Constitution of Ukraine, the UN Convention on the Rights of the Child, the European Convention on the Adoption of Children and the Family Code of Ukraine. Under martial law, the problem of adoption has become more acute due to the growing number of orphans and the threat of their illegal removal abroad. Military operations make it difficult to monitor compliance with adoption procedures and protect children's rights. Given the foregoing, the purpose of the paper is to analyse the legal mechanisms for adoption of children under martial law with due regard for current changes, identifying the main challenges and developing proposals for improving the institutional regulation of these processes. The main part of this paper will examine the legal mechanisms for the adoption of children under martial law, including current legislative changes and their impact on the adoption process. It will also analyse key challenges, including difficulties in establishing the status of a child, identifying parents and legalising adoption in the context of hostilities. Summarising the results of the study, it can be noted that the legal regulation of adoption under martial law faces significant challenges, including difficulties in identifying parents and establishing the fact of their death or disappearance in the combat zone. Adoption remains one of the main forms of placement of orphans in Ukraine, ensuring both the right of adults to parent and the opportunity for a child to find a new family. The study included an analysis of the legal framework and institutional regulation of adoption, as well as trends in adoption by Ukrainian citizens and foreigners. Further research should focus on foreign experience and the possibility of its implementation in Ukraine.
Keywords : family law, armed conflict, orphans, children deprived of parental care, state social policy, deinstitutionalisation reform, rights and legitimate interests of the child
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