Thursday, November 13, 2008

The adoption procedure could be changed again


Human rights commissioner in Ukrainian Parliament Nina Korpachova proposed an amendment to the draft of the decree of Cabinet regarding the Adoption procedure and control for observance of rights of children after adoption.

According to press-cutting service of the Ombudsman, primarily the amendments concern consideration of interest both of adoptive families, and of adopted children, including establishing order in the adoption procedure and elimination of any discrimination by conducting adoption. The Commissioner proposed to amend the list of obligations of foreign adoptive families by adopting Ukrainian children, under which the right of children is protected to keep Ukrainian citizenship before attainment of majority.

It is very important, because in some countries upon a fact of adoption by foreigner the child is admitted to citizenship of country-recipient. In spite of requirements of point 6 of clause 283 of Family Code of Ukraine, that provides the right of adopted children to choose citizenship on reaching 18 years age, by crossing border of some countries the children are automatically admitted to citizenship of such countries, forfeiting their rights to choose citizenship in the future. At that in case of cancelation of adoption guardianship authorities of such countries determine further lot of such child without agreement with appropriate state authorities of Ukraine.

The same has happened with children adopted by US citizens John Kruger and Hilts couple, who were forejudged parental rights because of crimes against children. The future of their children, who has under US legislation lost Ukrainian citizenship, is deciding now by US guardianship authorities without admitting to these children even Ukrainian diplomats.

Accepted by Ukrainian government proposals of the Commissioner to the new Adoption procedure and control over observance of rights of children after adoption will bar from occurring similar situations in future.

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