The Verkhovna Rada again refused to join to the Convention on the Protection of Children and Cooperation on Intercountry Adoption. There were not enough votes for the corresponding bill in the session hall – 166 voted “for” form the necessary 226.
According to the explanatory note, the Convention on the Protection of Children and Cooperation on Intercountry Adoption was signed on May 29, 1993 in Hague. The document establishes the principles of interstate adoption with the maximum consideration of the child's highest interests and respect for their rights and freedoms. It was stated that any state can join the Convention.
Ukraine's join to the Convention could harmonize the procedure for the adoption of children by foreigners with the procedures of other participating states, create a clear and transparent system of guarantees that intercountry adoption is carried out in the best interests of the child and with respect for their basic rights.
At the moment, according to the Family Code of Ukraine the priority right to adopt a child goes to the citizens of Ukraine. In particular, if a child is raised in the family, if the person is the spouse of mother or father of the child, if several children are adopted, brothers and sisters, when it comes to relatives of the family. In addition, preference is given to a married couple. A child can be adopted by a foreigner if there is no citizen of Ukraine who would like to adopt it or raise in his family.
It is provided in the codex that the adoptive parents cannot be of the same gender.
A foreigner can adopt a child from Ukraine if the child is on the register of the Ministry of Social Policy at least a year and at least five-year-old, however, is some cases it can take place earlier.
During the discussion, the MPs expressed concerns that children from Ukraine can be adopted by the same-sex couples and provided by the Convention accredited organizations will use their authority for the abusive intermediation and children will be sent not to the families but into the slavery.
The representatives of the Foreign Affairs Committee and Justice Ministry emphasized that the Convention gives priority to the legislation of the participating country and adoption by the same-sex couples is impossible. Also, they red out the norms of the Convention that Ukraine will be able to get the information about the adopted child and control situation and the accredited organizations can be only non-profit. However, the arguments turned out to be unconvincing and the draft law was rejected.
The MPs claimed during the discussion that they attempted to join this Convention for 17 years and this issue was put for the voting for seven times.