RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 8, 2008 No. 905

About approval of the Procedure of activities for adoption and implementation of supervision of observance of the rights of the adopted children

Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure of activities for adoption and implementation of supervision of observance of the rights of the adopted children which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of August 28, 2003 No. 1377 "About approval of the Procedure for accounting of children who can be adopted persons who wish to adopt the child, and implementation of supervision of observance of the rights of children after adoption" (The Official Bulletin of Ukraine, 2003, No. 36, of the Art. 1944);

Item of 3 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2006 No. 367 (The Official Bulletin of Ukraine, 2006, No. 13, the Art. 873);

item 4 of changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of September 19, 2007 No. 1134 (The Official Bulletin of Ukraine, 2007, No. 71, the Art. 2673);

the resolution of the Cabinet of Ministers of Ukraine of October 10, 2007 No. 1213 "About modification of the Procedure for accounting of children who can be adopted persons who wish to adopt the child, and implementation of supervision of observance of the rights of children after adoption" (The Official Bulletin of Ukraine, 2007, No. 78, of the Art. 2895).

3. To the ministries, other central executive bodies to bring own regulatory legal acts into accord with this resolution.

4. This resolution becomes effective since December 1, 2008.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 8, 2008, No. 905

Procedure of activities for adoption and implementation of supervision of observance of the rights of the adopted children

General provisions

1. Adoption of children is priority form of child placement and the children deprived of parent care.

2. Activities for adoption are performed by the bodies authorized by the state and officials.

For ensuring implementation of activities for adoption as a part of district, district in Kiev and Sevastopol of the state administrations, executive bodies city, district in the cities (in case of education) councils, authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, the regional, Kiev and Sevastopol city state administrations as independent structural division services for children are formed, and as a part of the central executive body realizing state policy in the sphere of adoption and protection of the rights of children the independent structural division concerning providing the rights of children is formed.

The number of staff of employees of services for children Kiev and Sevastopol of the state administrations, executive bodies, district, district in, city, district in the cities (in case of education) councils which provide implementation of activities for adoption is established within the extreme number of workers (at least than two persons) from calculation one worker on 50 children who are in such service on accounting of children who can be adopted.

The number of staff of employees of authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, services for children of the regional, Kiev and Sevastopol city state administrations which provide implementation of activities for adoption is established within the extreme number of workers (at least than two persons) from calculation one worker on 300 children who are in such service on accounting of children who can be adopted.

The number of staff of employees of the structural division performing activities for adoption is established within the extreme number of employees of independent structural division concerning providing the rights of children of the central executive body realizing state policy in the sphere of adoption and protection of the rights of children from calculation one worker no more than on 2000 children who are on centralized accounting of children who can be adopted, but at least than ten workers.

Implementation of activities for matching on adoption of children from name and for the benefit of citizens who wish to adopt the child, obtaining and transfer of any information about the child, documents on it other persons is not allowed.

Implementation of any activities for adoption for the purpose of profit earning is forbidden.

2-1. Adoption of the child who is citizen of Ukraine by foreigners is made according to requirements of article 283 of the Family code of Ukraine and in case within year of stay of the child on accounting of Public service for children exhaustive measures concerning the child's device in seven citizens of Ukraine are taken, however such device did not take place. Treat such measures, in particular:

provision of information on such child to citizens of Ukraine - potential candidates in adoptive parents, guardians, custodians, adoptive parents and parents tutors according to the procedure, stipulated by the legislation;

placement of the message on the child who can be adopted, according to Items 46 and 47 of this Procedure in mass media, on official websites Kiev and Sevastopol of the state administrations, executive bodies, district, district in, city, district in the cities (in case of education) councils, authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, the regional, Kiev and Sevastopol city state administrations and Public service for children, websites of organizations and organizations according to the signed agreements on cooperation.

In case of removal of the child from orphanage of family type, foster home, release of the guardian, the custodian from execution of powers the service for children carries out the analysis of the reasons of such conclusion or release.

Information on the reasons of removal of the child from orphanage of family type, foster home, release of the guardian, custodian from execution of powers is specified in the certificate of acceptance of exhaustive measures for the child's device in seven citizens of Ukraine.

Information on the taken measures instantly is entered in the Single electronic databank of orphan children, the children deprived of parent guardianship, and families of potential adoptive parents, guardians, custodians, adoptive parents, parents tutors (further - the Single databank).

Accounting of children who can be adopted

3. Accounting of children who can be adopted (further - accounting) is performed by services for children district, district in Kiev and Sevastopol of the state administrations, executive bodies city, district in the cities (in case of education) councils on the place of origin of the orphan child or the child deprived of parent care, authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, services for children of the regional, Kiev and Sevastopol city state administrations and Public service for children.

If the place of origin of the child is the territory of the village, the settlement of the integrated territorial community, such child the service for children district, district in Kiev and Sevastopol registers the state administrations, executive body city, district in the city (in case of its education) council on the location of such territorial community.

Adoption of the child who is not on local accounting of children who can be adopted, in service for children of the district, district state administration in Kiev and Sevastopol, executive body city, district in the city (in case of education) of council is not allowed, except the cases provided by Items 85 and 91 of this Procedure.

4. Are registered:

1) orphan children;

2) the children deprived of parent care;

3) children whose parents agreed to adoption.

5. The child is registered in the presence of the following documents:

for the orphan child - the death of parents certified by body of state registration of acts of civil status, or the document on their death issued by competent authority of foreign state on condition of its legalization in the procedure established by the legislation;

for the child, which parents:

- are deprived of the parent rights, are acknowledged it is unknown absent or incapacitated - the judgment;

- are declared the dead - the death of parents certified by bodies of state registration of acts of civil status based on the judgment or the document on their death issued by competent authority of foreign state on condition of its legalization in the procedure established by the legislation;

- are not known, for the abandoned or found baby - the act of body of National police and healthcare institution of the abandoned or found baby and his delivery constituted in the form approved by the Ministry of Health and the Ministry of Internal Affairs and references or statements from the State register of acts of civil status of citizens about state registration of the birth of the child issued by body of state registration of acts of civil status which confirms that record about the child's parents in the Book of registration of births is made according to the decision of guardianship and custody body;

for the child who was not taken away from health care institution - the act of healthcare institution and body of National police of the child which parents (mother or the father), other relatives or the legal representative refused to take away from maternity hospital, other healthcare institution, or the act of the healthcare institution and body of National police about the child left in maternity hospital, other healthcare institution constituted in the form approved by the Ministry of Health and the Ministry of Internal Affairs (with indication of documents based on which the information about the child's mother is written down), references or statements from the State register of acts of civil status of citizens about state registration of the birth of the child issued by body of state registration of acts of civil status about entering of record about the child's parents into the Book of registration of births, and also the written consent of mother (parents) to adoption assured by the notary in accordance with the established procedure or the judgment about deprivation of mother (parents) of the parent rights, or the reference issued by bodies of National police that the residence (stay) of mother (parents) is unknown;

for the child who within two months after the birth was not taken away from maternity hospital or other healthcare institution, - the act of healthcare institution and body of National police of the child which parents (mother or the father), other relatives or the legal representative refused to take away from maternity hospital, other healthcare institution, or the act of the healthcare institution and body of National police about the child left in maternity hospital, other healthcare institution constituted in the form approved by the Ministry of Health and the Ministry of Internal Affairs, references or statements from the State register of acts of civil status of citizens about state registration of the birth of the child issued by body of state registration of acts of civil status about entering of record about the child's parents into the Book of registration of births according to article 135 of the Family code of Ukraine, the decision of guardianship and custody body on registration of the birth of the child;

for the child whose parents agreed to adoption, - the written consent of parents to adoption of the child assured by the notary.

6. Documents concerning both parents are necessary for capture of the child on accounting.

If mother or the father of the child are minors, except their written consent the written consent of their parents certified by the notary is attached.

If brought up the child mother is lonely, the reference from body of civil registration concerning record of information about the child's father is attached to the documents specified in Item 5 of this Procedure.

If the child who can be adopted is under guardianship (care) and the guardian (custodian) agreed to its adoption, the written consent of the guardian (custodian) is attached to the documents specified in Item 5 of this Procedure.

If the father or mother of the child are in accordance with the established procedure acknowledged incapacitated and over them guardianship is established, the written consent of the guardian to adoption of the child of his ward is attached. In case of failure to provide such consent by the guardian or if the guardian over incapacitated parents is not appointed, such consent is provided by guardianship and custody body.

7. In the presence of the documents specified in Items 5 and 6 of this Procedure, the child undertakes on local accounting with entering of data on it in the Book of accounting of children who can be adopted which is conducted in form according to appendix 1.

The orphan children, children deprived of parent care, children whose parents agreed to adoption undertake on local accounting by service for children in the place of their origin within a month after emergence of the bases for adoption.

Date of capture of the child on local accounting is specified in the Book of accounting of children who can be adopted.

the paragraph the fourth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.08.2022 No. 907

If the place of origin of the child is the territory of the village, settlement of the integrated territorial community, for statement of the child the service for children of executive body of the relevant council directs to the relevant service for children to local accounting district, district in Kiev and Sevastopol the state administrations, executive body city, district in the city (in case of its education) council the petition together with the copies of the documents specified in Items 5 and 6 of this Procedure certified properly. The service for children district, district in Kiev and Sevastopol of the state administration, executive body city, district in the city (in case of creation) council within three working days from receipt date of the petition accepts the child on local accounting and informs service for children of executive body of village, settlement council of territorial community.

8. In day of capture of the orphan child, the child deprived of parent guardianship on local accounting the service for children enters information in accounting and statistical card of the child in the Single databank.

For registration of the child whose parents agreed to adoption and who does not stay on the registry of children who were left without parent guardianship, the orphan children and children deprived of parent care the service for children constitutes accounting and statistical card of the child in the Single databank.

The procedure for maintaining the Single databank and the document form which are stored in it affirm Minsotspolitiki.

9. In case within a month after capture of the child on local accounting nobody showed willingness to adopt him or there were no persons who wish to take under guardianship or on care, the service for children constitutes in the Single databank the questionnaire of the child who can be adopted, in form according to appendix 17 (further - the questionnaire), and unpacks it in triplicate which sign the chief (deputy chief) of service for children, the chairman (vice-chairman) of the district, district state administration in Kiev and Sevastopol, executive body city, district in the city (in case of education) council.

In the presence at the child of brothers (sisters) in the right upper corner of the first page of the questionnaire the stamp "Is put down has brothers (sisters)".

Copies of the certificate of birth of the child, the decision district, district in Kiev and Sevastopol of the state administration, executive body city, district in the city (in case of creation) council, village, settlement council of the integrated territorial community about provision to the child of the status of the orphan child or the child deprived of parent guardianship, the documents specified in Items 5 and 6 of this Procedure, the conclusion about the state of health, physical and intellectual development of the child constituted in form according to appendix 2, the statement from history of development of the child in the form approved by the Ministry of Health and its photo to the utmost 9 x 13 centimeters in size are attached to each copy of the questionnaire.

Two copies of the questionnaire together with documents are transferred in compliance in authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, services for children regional, Kiev and Sevastopol city the state administrations.

The questionnaire is not constituted in case during the term of finding of the child on local accounting:

1) there were citizens who wish to adopt him and received the positive decision of the district, district state administration in Kiev and Sevastopol, executive body city, district in the city (in case of education) council about feasibility of adoption and compliance to its interests of the child;

2) among the persons staying on the registry of potential guardians and custodians there was person who wishes to take it under guardianship or custody about what in district, district in Kiev and Sevastopol the state administration, executive body city, district in the city (in case of creation) council, village, settlement council of the integrated territorial community or court it submits the corresponding application and documents. The decision on purpose of guardianship or custody is made district, district in Kiev and Sevastopol by the state administration, executive body city, district in the city (in case of creation) council, village, settlement council of the integrated territorial community within one month from the date of receipt of the corresponding statement and documents.

If within a month after receipt of the conclusion about feasibility of adoption and compliance to its interests of the child candidates for adoptive parents did not take a legal action with the statement for adoption of the child or the court decided the decision on refusal in adoption of the child or district, district in Kiev and Sevastopol the state administration, executive body city, district in the city (in case of education) council or the court made the decision on refusal in establishment of guardianship or care the explanation in duplicate in the form approved by Minsotspolitiki which together with two copies of the questionnaire is transferred to authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, service for children regional, Kiev and Sevastopol city the state administrations is offered.

10. Authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, services for children of the regional, Kiev and Sevastopol city state administrations within five working days check correctness of execution of the questionnaire together with documents, take children who can be adopted, on regional accounting, include the information about them in the Book of accounting of children who can be adopted. Date of capture of the child on regional accounting is brought in the Single databank.

Date of capture of the child on regional accounting is specified in the Book of accounting of children who can be adopted, and also in the questionnaire together with regional accounting number.

In case of need in refining of information about the child the request is sent to service for children in the place of creation of the questionnaire. In such cases the term of capture of the child on regional accounting proceeds, but no more, than for 10 working days.

If based on the filed documents it is determined that the child cannot be adopted, or in the questionnaire or documents corrections are revealed, inaccuracies, two copies of the questionnaire together with documents return to service for children which constituted them, with the corresponding explanations.

11. The service for children district, district in Kiev and Sevastopol of the state administration, executive body city, district in the city (in case of education) council after receipt of the questionnaire returned to it according to Items 10 and 14 of this Procedure cancels the questionnaire about what the relevant statement is drawn up.

Information on cancellation of the questionnaire is included in the Book of accounting of children who can be adopted, and the Single databank.

12. If within a month finding of the child on regional accounting nobody showed willingness to adopt him or there were no persons who wish to take under guardianship or on care, one copy of the questionnaire together with documents signed by the head (deputy manager) of authorized body of the executive authority of the Autonomous Republic of Crimea concerning children, the chief (deputy chief) of service for children of the regional, Kiev and Sevastopol city state administration, the Chairman (vice-chairman) of Council of Ministers of the Autonomous Republic of Crimea, the chairman (vice-chairman) of the regional, Kiev and Sevastopol city state administration is transferred to Public service for children.

The questionnaire is not transferred to Public service for children in case during the term of stay of the child on regional accounting:

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