Issue: № 4, 2026
Doi: https://doi.org/10.37634/efp.2026.4.10
The paper analyzes the main set of issues related to the adoption of children within the framework of family law, namely issues that concern foreign citizens. In particular, international treaties and conventions, national legislation of Ukraine. Special attention is paid to the regulation of adoption during the legal regime of martial law. The paper separately highlights the issues, in particular, analyzes whether Ukrainian legislation meets international standards regarding the adoption of children, in particular by foreigners. This concerns the complexity of the procedural mechanism, coordination between authorities, limited transparency of registers, etc. It was considered how Ukraine implements such norms in its national legislation, and most importantly how effectively they work, in particular, the Family Code of Ukraine is highlighted as the main source of family law, accordingly, the adoption issues of children by foreign citizens. The paper indicates that states in different parts of the world, including Ukraine, need to intensify further developments and improve both bilateral and multilateral international legal acts regarding family legal relations in order for them to meet the challenges of the time and the processes taking place in the world. Growing globalization processes, constant population migration, war in Ukraine and different parts of the world, lead to the further emergence of the adoption issue by foreign citizens. Adoption of children deprived of parental care is one of the most important forms of ensuring the rights of the child according to the Constitution of Ukraine, legislative acts and current international treaties. That is why the implementation of this institution in accordance with all the requirements of the legislation is one of the key ones in Ukraine's movement towards the European community. The current national legislation of Ukraine meets international standards, however, the practical application of adoption by foreign citizens does not always coincide with the theoretical principles of this issue, since there are no effective mechanisms, gaps in coordination between government bodies, as well as the lack of full control require certain changes, both legislative and institutional.
Keywords : international treaties, international adoption, international legal acts, international family legal relations, implementation of legislation, international conventions
References:
1. Family Code of Ukraine: Law of Ukraine of January 10, 2002 No. 2947-III. Bulletin of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/2947-14 (in Ukrainian).
2. European Convention on the Adoption of Children (revised): International document of November 27, 2008 No. 994_a17. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/994_a17#Text (in Ukrainian).
3. UN Convention on the Rights of the Child: International document of November 20, 2011 1989 No. 995_021. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/995_021#Text (in Ukrainian).
4. On amendments to the Procedure for conducting adoption activities and supervising compliance with the rights of adopted children: Resolution of the Cabinet of Ministers of Ukraine dated Aug. 16, 2022 No. 907. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/907-2022-%D0%BF#Text (in Ukrainian).
5. Interstate adoption under martial law - clarifications of the Ministry of Social Policy: Ministry of Social Policy of Ukraine, March 13, 2022. URL: https://www.kmu.gov.ua/news/mizhderzhavne-usinovlennya-v-umovah-voyennogo-stanu-rozyasnennya-minsocpolitiki (in Ukrainian).
6. On the protection of childhood: Law of Ukraine of April 26, 2001 No. 2402-III. Bulletin of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/2402-14#Text (in Ukrainian).
7. Some issues of the State Service for Children: Resolution of the Cabinet of Ministers of Ukraine of September 29, 2023 No. 1048. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/1048-2023-%D0%BF#Text (in Ukrainian).
8. Guidelines on post-adoption services: ChildONEurope Secretariat: The Hague Conference on Private International Law. URL: https://assets.hcch.net/docs/3107c470-e242-4b73-91b8-83d751dc54a0.pdf
9. International Adoption: Modern Aspects of Legal Regulation. Law. 2024. Vol. 11. No. 44. pp. 311–317. URL: https://science.lpnu.ua/law/all-volumes-and-issues/volume-11-number-4-44-2024/international-adoption-modern-aspects-legal