The bill (Reg. No. 21333) suggests supplementing article 2012 of the Family Code and article 24 of the Law “On Childhood Protection” with the provisions aiming at making it impossible for foreigners or stateless persons of same-sex marriages to adopt Ukrainian children.
Deciding on the correspondence of the Bill to the provisions of the Constitution of Ukraine the Committee proceeded form the following. The Main Law of Ukraine (part three of article 52) entrusts the state with a duty to take care of orphans or children deprived of parental care.
It was noted that under the Convention on the Rights of the Child (article 20), the child that is temporary or permanently deprived of family environment, or who, to its own best interests, cannot remain in such environment, has the right to special protection and assistance provided by the state.
Ukraine has ratified the European Convention on the Adoption of Children (revised) with a caution to article 7, under which, Ukraine reserves the right not to allow two persons of the same sex that are in registered partnership adopt a child.
Under part three of article 283 of the Family Code, same-sex persons cannot be adopters.
The Committee drew attention to the fact that under clause 12 of article 212 of the Family Code, stateless persons, at any rate, can become adopters.
Following the results of discussion, the Committee concluded that the bill is founded on the abovementioned constitutional and legal basis.