Changes to adoption rules: expanded restrictions for prospective adoptive parents
On 7 June 2025, the Law of Ukraine No. 4439-IX “On Amendments to Article 212 of the Family Code of Ukraine Regarding the Determination of Persons Who Cannot Be Adoptive Parents” (the Law) entered into force. The Law will become effective on 7 July 2025 and is aimed at strengthening the protection of children’s rights in light of current security challenges.
What’s changing?
Article 212 of the Family Code of Ukraine (FCU) includes a list of individuals prohibited from adopting. The Law expands this list by adding the following categories:
- individuals who have been held administratively liable for domestic violence or gender-based violence
- citizens of an aggressor state (the Russian Federation) and/or a state subject to imposed by Ukraine
- individuals married to citizens of the above-mentioned states
Clarification of existing restrictions
The Law also clarifies certain existing grounds for denial of adoption (items 5, 8, and 10 of Article 212 FCU):
- Individuals with mental disorders. Persons with medically confirmed mental disorders, including those caused by the use of psychoactive substances (alcohol, drugs, psychotropics, etc.), are not eligibleto Such disorders must be diagnosed in accordance with the Law of Ukraine "On Psychiatric Care" and other relevant legislation, following procedures approved by the Cabinet of Ministers of Ukraine.
- Individuals with serious medical conditions. The general term “illnesses” has been replaced with the broader concept of “diseases, disorders, or conditions”. The Ministry of Health of Ukraine determines the list of such medical conditions, which must be confirmed by a medical examination.
- Certain categories of convicted persons. Adoption is now also prohibited for persons convicted of crimes against national security, humanity, peace, or international law and order, including but not limited to treason, collaboration, war propaganda.
The Law removes explicit mention of convictions for the following crimes from the list of restrictions:
- child substitution (Article 148 of the Criminal Code of Ukraine)
- exploitation of children (Article 150)
- using a minor for begging (Article 150-1)
- inducing minors to use intoxicating substances (Article 324)
However, as before, individuals with an unexpunged or outstanding conviction for other criminal offences remain ineligible to adopt.
The Law introduces stricter requirements for prospective adoptive parents to ensure the safety, stability, and well-being of children. Anyone considering adoption should carefully review compliance with the updated legal requirements.
For further information on any adoption-related matters, please contact Asters' Partner Talina Kravtsova and Counsel Yurii Neklyaev.
