The Bill (Reg. No. 0864) envisages amendments to the Family Code of Ukraine and the Law of Ukraine "On Childhood Protection" regarding restriction on disparity in age between adoptive parent and adopted child, and impossibility for the foreigner who is not married to adopt the child citizen of Ukraine.
In his Proposals the President of Ukraine draws attention to the fact that "establishment of the said restriction appertaining to the foreigners does not correspond to the Convention on the Rights of the Child, pursuant to which the member States are obliged to implement the same guarantees and regulations in case of child´s adoption in another country, as those applied for adoption within the country". Moreover, it will contradict bilateral agreements on adoption with the Republic of Italy and the State of Israel, conclusion of which is being negotiated by Ukraine and which aim at establishment of national adoption policy. Therefore, the President of Ukraine calls for exclusion of regulations that impose this restriction from the Law.
Having considered the Proposals of the President of Ukraine, the Committee is of the opinion that, pursuant to Part 1 of Article 13 of the Family Code of Ukraine, international agreements, that are compulsory due to endorsement of The Verkhovna Rada of Ukraine, constitute national family legislation of Ukraine. The Committee members also stated that international agreements, that are compulsory due to endorsement of The Verkhovna Rada of Ukraine, constitute also Ukrainian legislation on healthcare. Therefore, the restriction envisaged by the Law will pertain only to those countries that have no agreements with Ukraine regarding national adoption policy.
The Committee members believe that the Law aims at procurement of rights of children-orphans and children deprived of paternal care and family upbringing, and establishment of mechanism for protecting a child from any types of violence. The Law also aims at enhanced State control over conditions of upbringing, living and diverse development of adopted children in the families of foreign citizens.