Adoption: current issues and solutions

  • T.Ia. Skhab-Buchynska
Keywords: adoption; legal forms of placement of the child in the family; child - orphan; a child deprived of parental care; circumstances of significant importance


The article is devoted to the study of problems arising in the process of adoption of children - citizens of Ukraine. The author analyzes a number of legal acts that regulate the adoption procedure step by step, examines the judicial practice and the practice of taking a child to the adoptive family. The study reveals a number of problems that arise at almost all stages of adoption. It was found out that the legislator aims to simplify the mechanism of submitting documents for the possibility of being registered, however, today the process of transferring documents through the Diia portal does not work in full, and potential adoptive parents need to apply to the authorized body with the entire package of documents. A significant problem today is that the legislator has not enshrined a specific list of grounds that would allow the court to separate siblings and place them for adoption in different families. The legislator in the provisions of this article states that separation is possible in the presence of circumstances of significant importance. It is the court in each individual case that decides on separation, depending on the circumstances. The submitted study proposes to consolidate in the Family Code of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine «On Approval of the Procedure for Conducting Adoption Activities and Supervising the Observance of the Rights of Adopted Children» a list of grounds under which it would be possible to separate siblings for adoption.