of March 30, 2007 No. 3
About practice of application by courts of the legislation by hearing of cases on adoption and about deprivation and recovery of parent are right
(as of December 19, 2008)
For the purpose of ensuring identical and correct application by courts of the legislation by hearing of cases on adoption and about deprivation and recovery of the parent rights the Plenum of the Supreme Court of Ukraine decides to make to courts such explanations:
2. Conditions of adoption should be understood as the requirements established by the family legislation of Ukraine which observance is obligatory during implementation of the specified legal act. Proceeding from it and considering specifics of cases on adoption, courts in case of adoption of statements shall check compliance of form and content of such document as to the requirements determined in the station 252 GPK and requirements which follow from Chapter 18 of "Adoption" of SK, namely: whether are provided in the statement of the information about adoptive parents, for the child who is wished to be adopted, for his parents, brothers and sisters; whether motives for which person wants to adopt the child are stated; or whether the request for introduction of corresponding changes the birth record of the last is formulated. In case of non-compliance with the specified requirements there come the consequences provided by the Art. of 121 GPK.
3. In connection with inclusion in SK of precepts of law about adoption of full age person it is necessary to take into account that such person can be adopted only in exceptional cases, in particular if it is orphan or was deprived of parent care before attainment of majority. Considering exclusive nature of the right to adoption of full age person, courts shall establish by hearing of cases of this category additional circumstances, in particular need of adoption and impossibility of registration of other legal bond between person who is wished to be adopted, and person who wants to make it (creation of the will and so forth). At the same time appeal to the court with the statement for adoption shall not be caused by desire to reach other legal investigation, than legal registration of family relation (perhaps, already available actually). It is necessary to find out availability or absence from the adoptive father of the children also. The law does not identify prohibition on adoption full age person of that which has own children, however this fact needs to be considered proceeding from circumstances which determine possibility of the own children to be heirs. In each case the court in case of permission of question of adoption of full age person can consider also other circumstances.
In SK the maximum age of full age person who can be adopted is not established, however the minimum age difference between it and the adoptive father - is determined at least than eighteen years.
4. During preparation for consideration of the case the judge shall resolve issue of participation of adoption of the juvenile or minor child in this case as interested persons of relevant organ of guardianship and care, and in case on which production is open according to the statement of the foreign citizen or stateless person which constantly live behind borders of Ukraine, - authorized body of the executive authority. The body of guardianship and care files a lawsuit the conclusion about feasibility of adoption and its compliance to interests of the child, and the authorized body of the executive authority provides permission to adoption of the child. Besides, according to Art. provisions 45 GPK can attract to participate court in the case of the prosecutor for provision of the conclusion.
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