December 11th, 2008
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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.

12 Responses to “Change in Ukrainian Adoption Regulations”

  1. tjdetrixhe says:

    has anyone had a prosecutor appeal an adoption?

  2. olga says:

    Yes, I had such cases. (I’m the Ukrainian consultant for the international adoption). But you don’t have to be scared by the prosecutor appeal, because the final decision must be taken by the judge and in case of the negative decision of the court of the first instance you can apply to the court of appeal.

  3. tjdetrixhe says:

    No, the initial judge was in favor of the adoption, but the prosecutor was determinted that I was unable to handle 3 children and that I could not get around the 45 year age difference by not including my husband on the application. I will look at your consulting online service. Thanks, Tammy

  4. tjdetrixhe says:

    Olga, Unable to find online consultation. I really need some advice on what my chances are of fighting this guys appeal.

    Email at tammynbruce@msn.com

    Thanks,
    Tammy

  5. sugarmill2005 says:

    What is the latest on Ukraine not accepting dossiers as of 1/12/09?We
    were delayed by INS misplacing papers and now this? We are hoping for a girl under 6 without major medical problems(we are 51 and 50)Getting a little nervous with process. Have been reading that there are no children available without major medical problems..Is this same with Russia adoptions?

  6. ger says:

    Hi There

    We have an appointment Wed 29th to view datat base for twins. Any last minute advice for us.

    Thanks
    Ger

  7. ashleyriver says:

    I am getting conflicting reports — does anyone know if your social worker who prepares the homestudy has to be with a licensed agency or simply a licensed (certified) social worker approved by the state? If we have to go with a licensed agency, our fee is going to double. We love our social worker & don’t want to change horses in mid-stream!

  8. rbates says:

    My husband and I have been here in the Ukraine since 3/16/09. We are looking for a child age 5 to 8 but were shown only 4 children age 4 with serious health issues. We have seen children at orphanages in our age range but have learned that they are not adoptable by foreign couples. Several couples were turned away by an orphanage, others have been here for long periods of time waiting for appointments. Outlook is not promising and we will be leaving here without a child.

    • dingodot says:

      I am talking with an agency about adopting in the Ukraine and they are assuring me that there are healthy 3 year olds. Wanted to see if you had any luck in finding a healthy child while you were in the Ukraine. Please advise.

      • bonniej says:

        I just returned from Kiev, with no child. The situation is grim, just horrible. We sought a healthy child younger, but older was okay if they seemed stable. We saw just stacks and stacks of referrals of special needs children. The one or two you might see that they think are “healthy” still have severe issues or great potential for life long problems and high risks. In my experience, the agencies, translators, and others who are getting your money will mislead you, tell you things aren’t that bad, that these illnesses and problems are made up just so the kids will get on the foreign list. Not true. After my SDA meeting, I wanted to throw up, I was so shocked. Other countries mislead too, not just Ukraine. THere is no consumer protection or fraud laws in place watching these agencies and facilitators. They trick you to get you to fly to Ukraine, spend all this money, and then try to manipulate your emotions. IT is horrible and feels like hell. My advice, if you want a healthy child or at least a clearer truth, go with domestic.

  9. davedaulton says:

    Dear rbates: So sorry to hear of your disappointment. I know of three couples in Ukraine right now who are successfully adopting in that age range: one couple getting girl age 8 and boy age 6; second couple getting boy and girl, aged 6 to 8, and third couple getting 3 girls, aged 7, 9, and 11. Sometimes you get more (and better!)choices if you are looking for a sibling group!

  10. kosmetyki to_pa…

    Change in Ukrainian Adoption Regulations – Ukraine Adoption…

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