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* This Certificate must be prepared in compliance with the form found at attachment number 4 (click here to open) to the Procedure for Adoptions adopted by the Cabinet of Minister’s by Decree No. 1377 on August 28, 2003, the full text of which may be found in Ukrainian in the Consular section of the Embassy’s web-site at www.infoukes.com/ukremb/, in the subsection entitled: "Ïîðÿäîê âåäåííÿ îáë³êó ä³òåé, ÿê³ ìîæóòü áóòè óñèíîâëåí³, îñ³á, ÿê³ áàæàþòü óñèíîâèòè äèòèíó, òà çä³éñíåííÿ íàãëÿäó çà äîòðèìàííÿì ïðàâ ä³òåé ï³ñëÿ óñèíîâëåííÿ". ** In Canada, these are the Embassy of Ukraine located in Ottawa, whose consular area includes the territory of the National Capital Region, Provinces of Manitoba, New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island, Quebec, and the Consulate General of Ukraine in Toronto, whose consular area includes Alberta, British Columbia, Ontario, Saskatchewan, Northwest Territories, Yukon Territories and Nunavut. Accordingly, depending upon where the child and its adoptive parents will reside, either the Embassy of Ukraine in Ottawa or the Consulate General of Ukraine in Toronto needs to be specifically referenced in the written agreement. *** In Canada this will be the Embassy of Ukraine or the Consulate General of Ukraine in Toronto, depending on consular area that the child and its adoptive parents will be residing at the time of the submission of the report. |
Except for copies of national passports or other documents that verify the applicant’s identity, all other documents listed above, if originated in Canada, must be legalized by the relevant Ukrainian diplomatic representation prior to submission to the Adoption Center, together with their translations into Ukrainian. * (Information on legalization of documents can also be found in the Consular section of the Embassy’s web-site at www.infoukes.com/ukremb/, in the subsection entitled Notarization and Legalization of Documents ).
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* Each individual document from the set of documents that are required by Ukrainian authorities in connection with the adoption of a child from Ukraine must be legalized separately* by the Consular Section of the Embassy of Ukraine in Canada (331 Metcalfe Street, Ottawa, Ontario K2P 1S3; tel. (613) 230-8015; fax (613) 230-2655) or by the Consulate General of Ukraine in Toronto (2120 Bloor Street, West, Toronto, Ontario M6S 1M8: tel. (416) 763-3114; fax. (416) 763-2323). The legalization of the documents must be done after they are authenticated by the Authentication and Service of Documents Section of the Department of Foreign Affairs and International Trade of Canada (JLAC/DFAIT) located at 125 Sussex Drive, Ottawa, Ontario K1A 0G2, and whose telephone is (613) 992-6602**. The nonreimbursable fee for legalization by the consular office of Ukraine in Canada of each such document is $115.00. The nonreimbursable fee for the verification by the Ukrainian consular office of the accuracy of the translation from English into Ukrainian of each such document done by a certified translator is $80.00.
If the documents are to be returned by mail or a courier service, the Consular Section must be provided with a pre-paid self-addressed return envelope or a courier service waybill together with the courier service's envelope. If none is provided, the documents will be held by the Consular Section gratis pending: (a) their pick up in person by their owner or designee, or (b) such time as a pre-paid self-addressed envelope or a courier service waybill together with the courier service's envelope is provided for their return. The Consular Section disclaims any responsibility for any mail that is lost, damaged, misdirected or delivered late. Each document submitted to the Consular Section for legalization must also be accompanied by a photocopy of the entire original. When submitting any documents having any pages with overlapping attachments, a photocopy ;of each such page, both with and without the attachment, must be provided. In doing so, care must be taken not to remove any staples. Photocopies of multi-page documents must be in exact sequential order as the original, collated and attached to the original document with a clip. Failure to comply will result in the return of the documents unprocessed. Prior to having JLAC/DFAIT authenticate any documents to be used in the process for adopting a Ukrainian child, all such documents must first be certified, signed and sealed by a Canadian notary. When sending the documents to JLAC/DFAIT, please request that after the documents are authenticated, that they then be forwarded to the Embassy of Ukraine in Canada or to the Consulate General of Ukraine in Toronto located at 2120 Bloor Street, West, Toronto, Ontario M6S 1M8, and whose telephone is (416) 763-3114, and fax is (416) 763-23-23. |
There is a 20 working day period during which the Adoption Center processes and reviews the written declaration of intent. If a positive decision is made, the Adoption Center then registers the applicants as candidates for adoptive parents, and places their data into the registry book of candidates for adoptive parents. A date of arrival of the candidates for adoptive parents is agreed upon with the Adoption Center, at which time they will have an opportunity to familiarize themselves with the information contained in the centralized data bank of children who may be adopted.
If the Adoption Center declines an application, it will send a written response with the basis for its decision, together with the return of the documents provided with the original declaration submitted by the applicants.
All requisite documents in the adoption procedure will be deemed valid for one year from the date of their issuance, or for such shorter period as may be provided by the legislature of the country in which they were issued.
The Adoption Center provides foreign applicants for adoption with information about a child who has been on the centralized registry for more than one year, unless otherwise stipulated by legislation, and issues a prescribed directive to the relevant regional or municipal administration in order to introduce and organize the initial contact with the child. The prescribed directive is effective for a period of ten working days. The prescribed directive, together with the forwarded adoption documents, are sewn together, stamped and certified with the signature of the Director of the Adoption Center, bearing the number under which they are registered, and given to the foreign applicants. The relevant administrative body will inform the Adoption Center in the event that for whatever reason the applicant fails to establish contact with the specific child. Applicants who were not able to establish contact with the child, may request the Adoption Center for a subsequent referral.
Once the applicant has established contact with the child, the potential adoptive parents then contact the Department of Education, which has jurisdiction over the area in which the child is located, with a statement regarding their desire to adopt the child. The statement, which must be prepared in Ukrainian, must include each applicant's full name and residential address, and the child's full name, age and address where he or she resides or is located. In response, the Department of Education, then contacts the director of the establishment where the child resides or is located, or the person having custody of the child, who then provides the following documents:
- (a) the child's birth certificate;
- (b) death certificate(s) of the child's parents, or a copy of a court decree stating that they were stripped of their parental rights or were found incompetent; or
- (c) a notarized surrender or consent of the child's parents, custodian or legal guardian for the adoption of the child; or
- (d) the consent of the establishment where the child resides or is located for the adoption of the child;
- (e) documents that confirm that the child did not reside with its parents for more than 6 months for other than justifiable reasons, that the parents of the child do not demonstrate the necessary parental care of the child, do not appropriately raise the child and do not provide the child with the required physical and financial support;
- (f) a medical certificate regarding the state of the child's physical and mental health and development;
- (g) a statement from the director of the establishment where the child resides or is located, or the person having custody of the child, confirming the fact that the child and the adoptive parent candidates had contact and were introduced to one another.
Based upon the adoptive parent candidates' statement and the above referenced documents, the Department of Education, which has jurisdiction over the area where the child is located, within a period of ten days will then prepare its conclusion about the advisability of the adoption and its appropriateness to the interests of the child ("Conclusion"). This Conclusion is prepared for submission to the Adoption Center in order to acquire its permission for the adoption.
The Conclusion is certified by the head or deputy head of the relevant local state or municipal administration, which has jurisdiction over the area where the child is located. The Conclusion must list the name of the country where the adoptive parent candidates reside, the name and address of the entity that issued the Conclusion regarding the candidates' ability to be adoptive parents, the number under which the adoptive parent candidates are registered at the Adoption Center and the legal basis for the adoption of the child. At the request of the Adoption Center, copies of documents must be attached to the Conclusion.
After receipt of the Conclusion about the advisability of the adoption and its appropriateness to the interests of the child, the applicants provide the Adoption Center with a written request for its consent to the adoption. Based upon the documents provided, the Adoption Center within five working days considers the issue as to whether to grant its consent to the adoption of the child. If its decision is in the affirmative, it prepares its conclusion and provides it to the adoptive parent candidates for submission to the court. If the Adoption Center declines to give its consent for the adoption, it will provide the adoptive parent applicants with a written statement, detailing the basis for its decision.
To obtain the Adoption Center's consent for the adoption of a child who is a citizen of Ukraine but who does not reside on its territory, foreigners must submit through the appropriate Ukrainian consular post or diplomatic representation or directly to the Adoption Center all of the documents in numbers 1 through 9 listed above, and the Conclusion of the appropriate Ukrainian consular post or diplomatic representation regarding the advisability of the adoption and its appropriateness to the interests of the child. In instances where one spouse wishes to adopt the other spouse's biological child, who is a Ukrainian citizen, the person wishing to adopt must apply to the Department of Educational that has jurisdiction over the area where the child resides with the appropriate declaration, which must be accompanied by the following:
- (a) documents listed above in numbers 5 through 7 and 10 through 12;
- (b) the child's birth certificate;
- (c) death certificate of one of the child's parents, or a copy of a court decree stating that one of the child's parents was stripped of his or her parental rights or was found incompetent;
- (d) a written consent of the applicant's spouse to the adoption.
The adoptive parent candidates have the right to familiarize themselves with the personal file of the child who may be adopted, and to have an additional medical examination of the child conducted in the state or communal medical facility in the presence of a representative of the establishment where the child is located.
Adoptions of children are conducted on the basis of a Court decree. Within 10 days of the effective date of the Court's decision on the child's adoption, the Court will forward a duly authenticated copy of its decision to the Adoption Center. The adoptive parent must personally get the child from where the child is located or resides upon presentment of a copy of the Court's decision on the adoption.
Adoptive parent candidates are removed from the Adoption Center's register in the following instances:- (a) upon the successful adoption of the child;
- (b) after the expiration of the period of validity of documents required for an adoption; or
- (c) upon the submission by the adoptive parent candidates of a written request to be removed from the register.
The Ministry of Foreign Affairs of Ukraine registers children who have been adopted by foreigners from Ukraine on the basis of a copy of the Court decision on the adoption submitted to the Ministry by the adoptive parents.
The registration of children adopted from Ukraine by foreigners who reside abroad, as well as the supervision to preserve these children's rights until they reach the age of 18 is conducted by the relevant Ukrainian consular post or diplomatic representation upon the instruction of the Ministry of Foreign Affairs of Ukraine.
The relevant Ukrainian consular post or diplomatic representation conducts its supervisory obligations based upon instructions of the Ministry of Foreign Affairs of Ukraine and universally acknowledged principles and norms of international law applicable to the protection of rights of children. The Ukrainian consular post or diplomatic representation is obligated to provide information on the adopted children to the Ministry of Foreign Affairs of Ukraine annually for the first three years of the child's adoption, and then once every three years thereafter. The Ministry of Foreign Affairs then forwards the information to the Adoption Center.
The enabling acts of Ukraine which govern issues of adoption are:
1. Civil Code of Ukraine.
2. Civil Procedure Code of Ukraine.
3. Family Code of Ukraine.
4. Decree No. 1377 concerning, inter alia, foreign adoptions, adopted by the Cabinet of Ministers of Ukraine on August 28 2003, which became effective on January 1, 2004.
Please also be advised of the following:The centralized data bank of the Adoption Center at the Ministry of Education and Science of Ukraine contains information on several thousand orphaned children, as well as children, whose parents were stripped of parental rights. Of these, ninety two percent are children older than eight years and nearly seven percent have severe illnesses, i.e. children’s cerebral paralysis, Down syndrome, HIV positive, etc. Thus, only a relatively small number of the children are likely to be adopted by foreign citizens. At the same time, there are now almost five hundred foreign citizens registered with the Center who wish to adopt a child from Ukraine.
In order to avoid any misunderstandings and to facilitate the service for adoption applicants, the Center requests that the date of their arrival at the Center be agreed upon in advance.
Ukraine’s policy is that in order to ensure that the adopted child’s post-placement social and psychological adjustment is satisfactory, it would like periodic monitoring of the adopted child’s living conditions and upbringing until age 18. Accordingly, the consular offices of Ukraine in Canada will give preference to licensed adoption agencies that provide or agree to provide such periodic reports on any adopted child from Ukraine.
Consular Registration of the Adopted Child.Within one month after the adopted child arrives to Canada, he or she should be registered as a citizen of Ukraine who left Ukraine for permanent residence in Canada. If the child will reside in Quebec, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland or National Capital Region, the child should be registered with the Consular Section of the Embassy of Ukraine in Canada. If the child will reside in any other province or territory of Canada, the child should be registered with the Consulate General of Ukraine in Toronto, located at 2120 Bloor Street, West, Toronto, Ontario M6S 1M8, and whose telephone is (416) 763-3114, and fax is (416) 763-23-23 if the child will reside in any other Province or Territory.
In connection with the above-referenced consular registration of an adopted child from Ukraine, which involves no fees, the following documents should be filed with the consular post by the adoptive parent or parents.
1. Request ( Attachment # 1) for the consular registration of the adopted child, which must be fully completed, typed or printed in block letters in black or blue ink, dated and signed by the adoptive parent(s). Any corrections made to the request should be initialed by the adoptive parent(s). If this document is mailed into the consular post, the signatures must be certified by a Canadian notary.
2. Registration form (Attachment #2), which must be fully completed, typed or printed in block letters in black or blue ink, dated and signed by the adoptive parent(s). Any corrections made to the registration form should be initialed by the adoptive parent(s). If this document is mailed into the consular post, the signatures must be certified by a Canadian notary.
3. The child’s original Ukrainian Passport or Travel Document of a Child, which was previously issued to him or her in Ukraine.
4. A color full front view passport size photograph of the child on a white background, taken upon arrival in Canada.
5. A legible photocopy of the child’s birth certificate reissued after the adoption.
6. A legible photocopy of the Ukrainian Court’s Decree on the adoption, and if available, of its translation into English or French.
7. A legible photocopy of the child’s Record of Landing document.
If the child’s original Ukrainian Passport or Travel Document of a Child is to be returned by mail or a courier service, the Consular Section must be provided with a pre-paid, self-addressed return envelope or a duly completed courier service waybill and envelope. If none is provided, or if the courier service were to refuse to pick up the return envelope for whatever reason, the passport and travel document will be held by the Consular Section gratis pending (a) its pick up in person by the adoptive parent or designee, or (b) such time as a pre-paid self-addressed envelope or duly completed courier service waybill, together with the courier service's envelope is provided for its return. Please take note that while the Consular Section has a working relationship with various courier services, currently FedEx is not one of them. Accordingly, should the document be returned via FedEx, the applicant will need to call the Consular Section between 5:30 p.m. and 6:00 p.m. to confirm whether the document is ready, and if so, to make the appropriate arrangements for the pick up with FedEx. The Consular Section disclaims any responsibility for any mail that is lost, damaged, misdirected or delivered late.
In the event that adoptive parent(s), together with the adopted child, move from the above-referenced consular area of the Consular Section for permanent residence to the province or territory within the consular jurisdiction of the Consulate General of Ukraine in Toronto, or to another country, they should remove the child from the consular registration with the Consular Section, which also involves no fees. The child should then be reregistered with the Consulate General of Ukraine in Toronto or Ukrainian consular post in the foreign country where the child will be permanently residing. In order to remove the child from the consular registration with the Consular Section, the child’s original Ukrainian passport or Travel Document of a Child should be presented for cancellation of the consular registration stamp that would have been inserted upon registration of the child. Also, the adoptive parent or parents should submit in person or by mail a written request to remove the child from the consular registration with the Consular Section.
Please contact the Consular Section for information regarding the issuance to the adopted child of a new Ukrainian passport when he or she reaches the age of 16, or the replacement of the child’s expired Ukrainian passport or a Travel Document of a Child with which he or she entered Canada after adoption.
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