This event was organised by the Legislation Institute at The Verkhovna Rada of Ukraine, Family, Youth and Sports Ministry, Ministry of Justice of Ukraine, the Ukrainian public organisation 'Children´s Protection Service', and the UN Children's Fund (UNICEF) in Ukraine.
This gathering brought together members of The Verkhovna Rada of Ukraine, Central Executive bodies, The Supreme Court of Ukraine, The General Public Prosecutor's Office, Care and Guardianship bodies, Embassies of European countries, International and social organisations working for children and on behalf of the child.
The Delegates focused on issues related to National and Inter-country adoption procedures, and their experiences in this field. It was emphasised that each and every child has the right to know and be cared for by his/her own parents, whenever possible. At the same time, families needing support to care for their children should receive it. The representatives of the above Executive bodies agreed that in the event of the biological family being unable or unwilling to take care of a child, the child´s needs should be carefully studied so that the type of care most appropriate to him/her can be given. Priority should be given to family-based, long-term and National arrangements. In each case, the best interests of the individual child must be the guiding principle in making a decision regarding these arrangements.
NGO delegates believe, that financial assistance and social support, together with tax privileges for families adopting a child, should be introduced in Ukraine to invigorate adoption of children by Ukrainian citizens. Adopters should be exempt of all taxes and State dues, and receive a monthly State Benefit for the adopted child amounting to the subsistence level of children for the appropriate age.
Delegates from the UN Children's Fund (UNICEF) in Ukraine are of the opinion that for children who cannot be raised by their own families, an appropriate alternative family should be sought in preference to institutional care. They believe that institutional care should be used only as a last resort and as a temporary measure. Inter-country adoption is one of a range of care options which may be open to children.
The Round Table Delegates pointed out the existence of foreign NGOs engaged in the adoption of children. However, Clause 216 of the Family Code and Clause 169 of the Criminal Code contain no provisions permitting the activities of foreign adoption organisations within the country, and prohibit mediation at adoption. At the same time, a party can represent the second party before a third party, pursuant to Clause 244 of the Civil Code, which lays down no limitations on the field of activity. Hence, the absence of the concept of 'mediation' in the law makes it impossible to classify the actions of any party as intermediate.
Delegates pointed out, however, that mediation at adoption does exist in Ukraine, even if it is not regulated by the State. These services are provided ‘de facto´, and indeed should be provided, since all foreigners adopting Ukrainian children are citizens of countries that are signatories of the Hague Convention, and therefore are bound to adhere to its provisions.
The Delegates concluded that to remove Inter-country adoption from the control of ' shadow' agencies', a Registration and Permission system should be introduced, based on world-wide experiences, for organisations fully accredited by the recipient countries and Ukraine's Governmental bodies and put under the State's control.
In view of this the Round Table Delegates therefore took the decision to recommend to The Verkhovna Rada of Ukraine of the new convocation the amendment of several legislative acts of Ukraine dealing with Inter-State Adoption, and to the Cabinet of Ministers of Ukraine the adoption of the Registration and Permission procedures for foreign non-commercial NGOs engaged in adoption of children, and putting them under control.