Adoption

Adoption means taking a child into the family with the rights of a daughter or son, by court decision. The procedure has several stages – candidate status, consents, the court hearing – and each has its own requirements.

When to get in touch

• you are planning to adopt a child
• a husband or wife wishes to adopt their spouse’s child
• the consents required by law have to be obtained
• one of the child’s parents does not consent to the adoption or has long taken no part in the child’s upbringing
• difficulties have arisen at any stage of the procedure

What the lawyer does

• assesses whether you meet the requirements for an adoptive parent (Article 211 of the Family Code)
• handles the gathering of documents and dealings with the children’s services
• deals with the consent of the child’s parents (Article 217) and the child’s own consent (Article 218)
• prepares the adoption application to the court
• represents the client at the hearing
• advises on the legal consequences and on the confidentiality of adoption

Who can adopt

• a person with legal capacity aged 21 or over; the age requirement does not apply to relatives of the child (part 1 of Article 211 of the Family Code)
• the adoptive parent must be at least 15 years older than the child, or at least 18 years older where an adult is adopted (part 2 of Article 211)
• a child may be adopted jointly by a married couple; persons who are not married to each other may do so only if they live together as a family and the court so decides (parts 3 and 4 of Article 211)
• there is no limit on the number of children one person may adopt (part 7 of Article 211)

Those who may not adopt include persons with limited legal capacity or declared legally incapable; persons deprived of parental rights that have not been restored; persons convicted of the offences listed in the law, or with an unexpunged or unannulled criminal record for other criminal offences; persons subjected to an administrative penalty for domestic violence or gender-based violence; and persons without a permanent place of residence and a permanent income (part 1 of Article 212 of the Family Code). Nor may any other person whose interests conflict with those of the child (part 2 of Article 212).

Where several people wish to adopt the same child, priority goes to a citizen of Ukraine in whose family the child is being raised; to the husband of the child’s mother or the wife of the child’s father; to a person adopting several children who are siblings; and to a relative of the child (part 1 of Article 213 of the Family Code). Married couples also have priority (part 2 of Article 213).

How adoption works

The steps before the court stage are set out in the Procedure for Conducting Adoption Activities and Supervising Compliance with the Rights of Adopted Children, approved by Resolution of the Cabinet of Ministers of Ukraine No. 905 of 8 October 2008 (the Procedure).

1. Application to the children’s service. You apply to the children’s service where you live – in person or through the Diia portal – and submit documents, including a medical report, a document showing whether you have a criminal record, proof of income and a document confirming ownership or use of your home. You may not be asked for documents that are not listed in the Procedure; documents are valid for one year (paragraphs 22 and 22-1 of the Procedure).
2. Training course on raising orphans and children deprived of parental care. It is not required for the child’s relatives, guardians, custodians, foster parents or parents running a family-type children’s home (paragraph 24 of the Procedure).
3. Opinion and registration as a prospective adoptive parent. Within five working days the service checks the documents; within a further five it inspects your living conditions and interviews you; and after the training course it prepares, within five working days, an opinion on whether you can be an adoptive parent. With a positive opinion you are registered as a prospective adoptive parent; the opinion is valid for one year and may be extended by no more than a year. A refusal to register you must be reasoned and given in writing (paragraphs 25–27 of the Procedure).
4. Meeting the child. After reviewing the information on children who may be adopted, a prospective adoptive parent receives a referral to meet the child. It is valid for 10 working days and may be extended by no more than 10 working days; during that time you may visit the child every day and spend at least three hours a day with them (paragraphs 58 and 63 of the Procedure).
5. Application to adopt the child. It is filed with the children’s service where the child lives before the referral expires – otherwise the prospective adoptive parents are deemed to have declined the adoption (paragraphs 66 and 70 of the Procedure). Within 10 working days the service establishes whether the child consents to the adoption and prepares a draft opinion on whether the adoption is appropriate and in the child’s interests. The opinion and the documents are handed to the prospective adoptive parents for submission to the court; the application to the court must be filed within a month of receiving it (paragraphs 71 and 75 of the Procedure).
6. Court. The adoption application is filed in person – it may not be filed through a representative (part 1 of Article 223 of the Family Code) – with the court for the place where the child lives (Article 310 of the Civil Procedure Code of Ukraine). The case is heard with the mandatory participation of the applicant, the guardianship authority and the prosecutor, and, in the cases provided for by the Family Code, in a closed hearing to protect the confidentiality of adoption (parts 1 and 3 of Article 313 of the Civil Procedure Code).

Whose consent is needed

• The child’s parents. Consent must be free and unconditional; it may be given only once the child is two months old and must be certified by a notary. If the mother or father is a minor, their own parents’ consent is also required. An agreement to pay for consent to adoption is null and void. Parents may withdraw their consent until the court’s adoption decision becomes final (Article 217 of the Family Code).
• Without the parents’ consent, a child may be adopted if the parents are unknown, have been declared missing or legally incapable, or have been deprived of parental rights in respect of that child, and in one further case provided for in part 1 of Article 219 of the Family Code. A child may also be adopted without the consent of adult parents where the court establishes that, for more than six months and without good reason, they have not lived with the child, shown parental care and concern, or raised and maintained the child (part 2 of Article 219). More on the page “Deprivation of parental rights”.
• The child – if they have reached an age and level of development at which they can express it; the form of consent depends on their age and health. Consent is not needed if, because of age or health, the child is not aware of the adoption, or if the child lives with the adoptive family and regards them as their parents (Article 218 of the Family Code).
• The other spouse – where one spouse adopts: in writing and certified by a notary. Adoption without it is possible if the other spouse has been declared missing or legally incapable, or in other circumstances of material significance (Article 220 of the Family Code).
• The child’s guardian or custodian, and, where a child without parents is in a healthcare or educational institution, that institution. The court may order the adoption without such consent if it establishes that the adoption is in the child’s interests (Articles 221 and 222 of the Family Code).

Adopting your spouse’s child

If you wish to adopt your husband’s or wife’s child, the child does not need to be registered as available for adoption and you are not entered in the register of prospective adoptive parents. The application is filed with the children’s service where the child lives. The documents include a medical report, a document showing whether you have a criminal record, the notarised consent of the child’s parents or the consent of the spouse whose child is being adopted, together with a document confirming the absence of the other parent (for example, a death certificate or a court decision depriving them of parental rights). Within 10 working days the service inspects the child’s living conditions, establishes the child’s consent and prepares a draft opinion on whether the adoption is appropriate (paragraph 91 of the Procedure).

The husband of the child’s mother or the wife of the child’s father has priority to adopt the child (clause 2 of part 1 of Article 213 of the Family Code). Where a child is adopted by one person, the rights and obligations between the child and their mother (if the adoptive parent is a man) or father (if the adoptive parent is a woman) may be preserved at that parent’s wish (the second paragraph of part 1 of Article 232). If one of the child’s parents has died or been declared legally incapable, the grandparents on that parent’s side and the child’s full siblings may ask the court to preserve their legal relationship with the child (part 2 of Article 232).

Legal consequences of adoption

• adoption takes effect on the day the court’s adoption decision becomes final (Article 225 of the Family Code)
• the adoptive parent has the same rights and obligations towards the child as a parent, while the personal and property rights and obligations between the child and their biological parents and other relatives come to an end, except as provided by law (Article 232)
• the court may register the adoptive parent as the child’s mother or father and change the child’s surname, first name, patronymic, place and date of birth (the date by no more than six months) if this is in the child’s interests; a new birth certificate is then issued (Articles 229–231 and 233)
• the child keeps any right to a pension, other social benefits and compensation for loss of a breadwinner that they had before the adoption (Article 234)
• the adoptive parent has the right to conceal the fact of adoption from the child; once an adopted person turns 14, they are entitled to information about their adoption (Articles 226 and 227)

Legal basis

Adoption is defined by Article 207 of the Family Code of Ukraine as the taking of a person into the adoptive parent’s family with the rights of a daughter or son, on the basis of a court decision. An adoptive parent may be a person with legal capacity who is at least twenty-one years old, except where the adoptive parent is a relative of the child (Article 211). Parental consent is governed by Article 217 and the child’s consent by Article 218; the right to confidentiality of adoption is set out in Article 226.

Adoption as a whole is governed by Chapter 18 of the Family Code (Articles 207–242); court proceedings in adoption cases by Articles 310–314 of the Civil Procedure Code; and the registration of prospective adoptive parents, meeting the child and the preparation of documents for court by the Procedure.

Legislation and case law are updated over time; this page reflects the position as of November 2026.

Frequently asked questions

Who can adopt?

A person with legal capacity aged 21 or over (the age requirement does not apply to relatives of the child) – Article 211 of the Family Code; the law sets further requirements, which we check at the outset.

Is the child’s consent needed?

Yes, where the child has reached an age and level of development at which they can express it (Article 218 of the Family Code); the form of consent depends on age.

Can a lawyer file the adoption application with the court on my behalf?

No. An adoption application may not be filed through a representative (part 1 of Article 223 of the Family Code), and the court hears the case with the mandatory participation of the applicant (part 1 of Article 313 of the Civil Procedure Code). The lawyer prepares the application and supporting documents, helps obtain the necessary consents and opinions, and supports you at every stage, including in court.

How long does the court take?

Preparation for the hearing takes no more than five days from the opening of proceedings, and no preparatory hearing is held; the court must decide the case within a reasonable time, but no later than 30 days from the opening of proceedings (part 4 of Article 312 and part 5 of Article 313 of the Civil Procedure Code). The adoption takes effect on the day the decision becomes final (part 7 of Article 314).

Can the child’s parents change their minds?

Yes. The mother or father may withdraw consent to adoption until the court’s decision becomes final (part 6 of Article 217 of the Family Code). If this happens after the decision has been given but before it becomes final, the court sets the decision aside and resumes the hearing (part 5 of Article 314 of the Civil Procedure Code).

Can an adoption be annulled?

Yes, by a court decision, in particular where the adoption is contrary to the child’s interests or does not provide the child with a family upbringing, or where, regardless of the adoptive parent’s will, relations between the adoptive parent and the child have developed that make it impossible for them to live together and for the adoptive parent to perform their parental duties (part 1 of Article 238 of the Family Code). As a rule, annulment is not allowed once the child has come of age (part 2 of Article 238). A claim may be brought by, among others, the parents, the adoptive parent, the guardianship authority, the prosecutor and an adopted child aged 14 or over (Article 240).

Need legal assistance? Call us or leave a request – a lawyer will contact you and go through your situation with care.