Adoption of children by foreigners who live outside Ukraine: procedural features and legal consequences

Abstract

The scientific article examines the procedural features and legal consequences of adoption of children by foreigners living outside Ukraine. On the basis of the scientific research, the author came to the conclusion that in the case of submitting an application for the adoption of a child by a foreigner or a person without citizenship (if the latter permanently lives outside the territory of Ukraine), a permit from an authorized body of the executive power is additionally submitted (such body is the Ministry of Social Policy of Ukraine), the conclusion of the competent body of the relevant state about their living conditions and the possibility of being adoptive parents. Supervision of the conditions of residence and upbringing of adopted children living in Ukraine is carried out by the children's services at the place of residence of the adoptive parents until the children reach the age of eighteen; registration of children living outside Ukraine is carried out by the relevant consular institutions and diplomatic missions of Ukraine at the place of residence of the child and adoptive parents. The legislation of most countries entrusts the functions of monitoring the observance of the rights of adopted children from other countries to the relevant social services, non-state agencies that act exclusively within the framework of national legislation. At the same time, the legislation of a number of countries does not provide legal grounds for the possible participation in this process of officials of consular institutions of other countries. Thus, the inconsistency of the legislation leads to non-fulfillment by the adoptive parents of the obligation given in Ukraine to place the child on the consular register, which prevents the implementation of control over the conditions of residence and upbringing of children. In addition, the reports on the living conditions and upbringing of the child, which are compiled by the adoptive parents themselves, are not always objective.