Guardianship Approval Requirement for Children’s Acquisition of Property Abolished
On 25 May 2026, Law No. 4824-IX entered into force, introducing improvements to the legal framework governing transactions carried out in the interests of minors (children under 14) and juveniles (children aged 14-18).
The Law provides for comprehensive amendments to the Civil Code and the Family Code of Ukraine, as well as other legislation in the field of child protection. It aims to streamline procedures for children acquiring property while maintaining effective safeguards against potential abuse. Key changes introduced by the Law include:
Abolition of guardianship authority approval for acquisition of property
One of the most significant changes is that prior approval of the guardianship and custodianship authority is no longer required where a child:
- acquires property into ownership
- receives such property free of charge
This rule applies to both minors and juveniles.
Retention of control over disposal of property
At the same time, the Law strengthens regulatory oversight in cases involving the disposal of property owned by a child.
Approval of the guardianship and custodianship authority remains mandatory for:
- alienation (including sale, gift, exchange, etc.)
- division or partition of property
- transfer into mortgage or pledge
- contribution to share capital
- other transactions involving valuable assets (including real estate, land, vehicles, etc.)
Parental consent requirements
The Law clarifies the mechanism for obtaining parental consent in transactions involving the disposal of a minor’s property:
- notarised consent of the other parent is required for material transactions
- a presumption of consent of the other parent is introduced for routine transactions
- the other parent retains the right to challenge the transaction in court if it was executed without his/her consent
For transactions involving the disposal of a juvenile’s property, both parents (or a guardian) must provide notarised consent, in addition to obtaining approval from the guardianship authority.
Specific rules under martial law
Taking into account wartime realities, the Law introduces simplified procedures.
Transactions may be carried out without the consent of the other parent if such parent:
- is held in captivity or hostage
- is missing or declared missing
- is interned
- has not lived with the child for more than six months and does not participate in the child’s maintenance
- has an unknown place of residence
Access to free legal aid
The rights of orphans and children deprived of parental care have been expanded. They are now entitled to all types of state-funded legal aid, rather than only certain categories of legal services.
Based on the above, the new Law introduces a more flexible and coherent regulatory framework for children’s property rights by:
- simplifying procedures that objectively improve the child’s financial position
- strengthening oversight over high-risk transactions
- addressing challenges arising from wartime conditions
The changes are expected to reduce administrative burdens, facilitate the circulation of property in civil transactions, and at the same time ensure an adequate level of protection of the property rights of minors and juveniles.
For more information, please contact Asters' Partner Talina Kravtsova and Counsel Yuri Neklyaev.
