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Change in Ukrainian Adoption Regulations

Effective December 1, 2008 Resolution #905 went into effect in Ukraine. The Resolution, which was introduced to new regulation for adoptions and the protection of rights for adopted children, sets regulations which govern the registration of abandoned children at the local, regional and central levels.

In addition to the changes made regarding registration of abandoned children, it also describes the process for both domestic and intercountry adoptions. For a more detail description of the changes, read below:

The Ukrainian Adoption Homestudy

Starting December 1, 2008 the adoption homestudy should include the following items:

- Home Address
- Living Conditions (# of bedrooms, living space and conditions for the adopted child)

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- Biographical Information of the adoptive parents, household members (all members residing in the home, including their relationship to the adoptive parents) as well as the number of biological children, if any.
- Adoptive Parents approach towards adoption

In addition to the above information, the homestudy must also include recommendations on the number, age and health of the children that the hopeful adoptive parents intend to adopt. This is very important, because the standard ‘family preference’ for a child is no longer acceptable. Starting December 1st, families will be required to be specific regarding the child they intend to adopt and the homestudy must reflect that specific information.

Right To Refuse Adoption Dossiers

Resolution 907 now allows the State Department for Adoptions and Protection of Rights of the Child (SDAPRC) the right to refuse dossiers if, at the time of dossier submission, the central database of Ukrainian children available for intercountry adoption does not and will not contain children complying with the recommendation contained in your homestudy.

Currently, according to the statistics published by the SDAPRC and available on the Kyiv U.S. Embassy website, there are currently no healthy children or children with minor, correctable health problems, under the age of three available for intercountry adoption. Additionally, there are very few healthy children or children with minor, correctable health problems, under the age of six available for adoption.

At this time, if your homestudy states that you are recommended for a health child or a child with minor or correctable health conditions under the age of six, the SDAPRC is very likely to refuse to accept your dossier.

Registration of Ukrainian Child and annual Post Adoption Reports

The document required to be submitted to the Ukrainian Embassy or Consulate should be completed in triplicate and include the following commitments:

- To register the adopted child with the respective Consulate or Embassy of Ukraine, including the name and full address of the Consulate/Embassy.
- To provide the adopted child with the opportunity to keep their Ukrainian Citizenship until 18 years of age.
- To submit annual reports on the adopted child to the Consulate or Embassy of Ukraine at lease once a year for the first three years after the adoption and once every three years afterward until the child’s 18th birthday.
- To Provide an opportunity to the representatives of the Consulate/Embassy of Ukraine to communicate with the adopted child.
- To inform the Consulate/Embassy of Ukraine about any change of address of the adopted child.

Other Documents Required by SDAPRC

They will now require two notarized copies of the marriage certificate instead of one.

W-2 documents for the most recent six months or tax returns for the last calendar year, certified by the issuing authority or notarized.

Your adoption dossier must now include notarized copies of the documents confirming ownership or rental rights of the adoptive parents for their house or apartment, indicating its total living area and number of bedrooms

SDAPRC will no longer accept any notarized statements in place of W-2 forms or other proof of income. Nor will they accept notarized statements/affidavits instead of documents confirming property rights.

At the time of dossier submission to the SDAPRC, your documents should remain valid for at least six months. Documents submitted are valid for 12 months for the date of issuance (NOT SUBMISSION) or from the date of notarization, except for the U.S. issued I-171H, which is valid for 18 months.

In addition to the above changes, the SDAPRC has made some changes to the Priority which will be given to adoptive parents under certain conditions.

Adoptive parents who meet the following will be given priority over other hopeful adoptive parents:

Biological relatives of the adopted child
Applying to adopt a biological sibling of an already adopted child
Applying to adopt a child suffering from one of the health conditions published on the U.S. Embassy website

As always, this information is posted as general guidance. Questions regarding the process of adopting from Ukraine or the changes mentioned in this post should be directed to your adoption professional or to the U.S. Embassy Adoption Unit in Kyiv, Ukraine.


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