Cancellation of adoption in Ukraine
Adoption can be canceled by a court decision if:
- it contradicts the interests of the child, does not provide him with family education;
- the child suffers from dementia, mental or other serious incurable disease, which the adoptive parent did not know and could not have known at the time of adoption;
- between the adoptive parent and the child, regardless of the will of the adoptive parent, relations have developed that make it impossible for them to live together and the adoptive parent to fulfill his parental duties. Cancellation of adoption is not allowed after the child reaches the age of majority.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
Grounds for cancellation of adoption in Ukraine
Adoption may be canceled after the child reaches the age of majority if the unlawful behavior of the adopted parent threatens the life and health of the adoptive parent, adopted child or other family members.
The adoption of an adult person may be canceled by the court by mutual consent of the adoptive parent and the adopted child, or at the request of one of them, if family relations have not developed between them.
Adoption is canceled from the date of entry into force of the court decision.
According to Part 1 of Art. 238 SK and the resolution of the Plenum of the Supreme Court of Ukraine “On the practice of law enforcement by courts when considering cases of adoption and deprivation and restoration of parental rights” dated March 2007 No. 3, adoption can be canceled or invalidated only by a court decision.
It is necessary to distinguish the grounds and procedure for declaring the adoption invalid from the grounds and procedure for its cancellation.
The Family Code defines both the grounds on which the adoption must necessarily be invalidated and the grounds upon which the court decides this issue at its own discretion.
In accordance with parts 1, 2 of Art. 236 of the SK, the court necessarily recognizes the adoption as invalid if it was carried out without the consent of the child and the parents, which was necessary, or if the adopter did not want the rights and obligations arising from the adoption (fictitious adoption) to occur.
Claim for invalidating adoption in Ukraine
According to parts 3, 4 of Art. 236 of the UK, the court may, but is not obliged to invalidate adoptions made on the basis of forged documents or in the absence of the consent of the persons specified in Articles 220-222 of the UK.
If there are grounds for satisfying the claim for declaring the adoption invalid, the court in each specific case must decide the issue of transferring the child to his parents or other relatives, and if circumstances are established indicating the impossibility of this, into the custody of the guardianship and trusteeship body.
With regard to the grounds for canceling the adoption, provided for in Art. 238 of the UK, then, in our opinion, clauses 1, 3 of part 1 of this provision can be attributed to them.
So, adoption can be canceled if it contradicts the interests of the child, does not provide him with family education; between the adoptive parent and the child, regardless of the will of the adoptive parent, relations have developed that make it impossible for them to live together and the adoptive parent to fulfill his parental duties.
With regard to paragraph 2 of part 1 of Art. 238 of the UK, which speaks of dementia, mental or other serious incurable illness, which the adoptive parent did not know and could not have known at the time of adoption, the court decision on adoption should be considered in connection with the newly discovered circumstances.
Quite different in content is the cancellation of adoption if it contradicts the interests of the child, does not provide him with family education (clause 1 of part 1 of article 238 of the SK).
Here, in our opinion, it should be borne in mind that these grounds for cancellation of adoption can arise and be established only after a period of time, which will allow us to say that the decision to adopt was justified, but new circumstances indicate that the adoption does not correspond to the interests of the child.
Therefore, when canceling the adoption, the desire of the adopted child must also be taken into account, if the family relationship between him and the adoptive parent did not work out.
The general grounds for cancellation of adoption, in our opinion, should be the same conditions provided for deprivation of parental rights (Article 164 of the UK), but with some peculiarities inherent in adoption, that is, those that arise after adoption and fall under the provisions of h . 1 tbsp. 238 SK.
The reason for the cancellation of adoption may be that the child cannot forget his parents or brothers and sisters and this interferes with the process of his upbringing, communication in the family, normal development, negatively affects him, which affects the relationship between the adoptive parent and the child.
Consequently, such a process will respond to the new circumstances of the case, therefore, the decision should have an independent meaning, since such circumstances in the adoption process cannot be predicted.
Court decision to revoke the adoption in Ukraine
Therefore, the cancellation of adoption will gain force from the moment the court decision enters into legal force.
An alternative option aimed at preventing such a result of adoption can only be a longer time of communication between the adoptive parent and the child who is to be adopted, to court proceedings, presenting a psychologist’s opinion on the possibility and advisability of adoption by a specific adoptive parent.
- In part 2 of the commented norm, the provision is fixed that the cancellation of adoption is not allowed after the child reaches the age of majority. This part of the norm contains an exception to the general rule, adoption can be canceled after the child reaches the age of majority, if the unlawful behavior of the adopted child, the adoptive parent threatens the life and health of the adoptive parent, the adopted child or other family members.
- In part 3 of the commented norm, there is a provision that should also be considered a kind of exception to the general rule for the adoption of an adult. Such an adoption can be canceled by the court by mutual consent of the adoptive parent and the adopted child, or at the request of one of them, if family relations between them did not work out.
By mutual consent of the adoptive parent and the adopted child to cancel the adoption due to the fact that family relations between them did not work out, such cancellation, according to this rule, should be carried out by the court, but the question arises, in what form of civil proceedings should such a case be considered?
In our opinion, such a joint statement by the adoptive parent and the adopted child to cancel the adoption in accordance with Part 1 of Art. 238 SK should be considered in a separate proceeding (by analogy, as a case of divorce on a joint application for divorce of spouses with children). The application of the adoptive parent or the adopted child to cancel the adoption on the grounds that the relationship between them did not work out is considered in the claim proceedings.
Adoption is canceled from the date of entry into force of the court decision on its cancellation (part 4 of article 238 of the UK), that is, after the expiration of the term.
Family lawyer when canceling an adoption in Ukraine
In resolving the case when the adoption is canceled, the most optimal is to contact a family lawyer for the adoption of a child, who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to lawyers or attorneys for divorce and family law are:
- the promptness of the decision of the case when the adoption is canceled;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible! Our lawyers will help you to carry out a divorce through court, divorce from children, divorce without presence, to obtain a court decision on divorce.
Frequently asked questions to a lawyer in Ukraine
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