Ahrens & Schwarz Kyiv

Adoption in Ukraine

Adoption of children in Ukraine

Conditions

Adoptive parents must be at least 21 years old. In addition, at least 15 years older than children who are adopted. There is no maximum age for adopters and applicants.

Applicants must be physically, mentally and socially able to fulfill their responsibilities regarding the care and education of children. This is checked by the competent authorities. But this is indicated below.

The adoptive parents must have a permanent residence permit in Ukraine, which they can obtain with our help if they do not have it.

The procedure and terms

First of all, the right to permanent residence in Ukraine must be registered for the spouses. The easiest and fastest way to do this depends on several factors. They, in turn, are connected with the biography of the adoptive parents. It is important, for example, whether the partner has Ukrainian citizenship, whether he knows Russian or Ukrainian, etc. As a rule, the easiest and fastest way to get a permanent residence permit is to open a company in Ukraine. We evaluate it, then suggest the best way for you, and then implement it.

All this is done on legal grounds and within the framework of Ukrainian legislation, but it may be necessary to comply with German or other norms, for example, tax ones. Of course, we also take this into account and, if necessary, point out possible problems as part of our consultation.

To do this, you will need to go to Ukraine once and sign a power of attorney for the establishment of a company („LLC“) at a notary.

This can happen both in Kyiv and in border cities such as Lviv, Mukacheve, Kovel or Lutsk, if you do not want to go deep into Ukraine during a military conflict. We cooperate with notaries in the specified cities and can register companies of all organizational and legal forms there in the shortest possible time. We will also be happy to meet you, for example, in Hungary or Poland, and then cross the border with you and visit a notary in Ukraine for the first legal actions.

We then establish and register a company (“LLC”) with you as the owner under your power of attorney. We also take care of the accounting and administration, so you hardly have to worry about it. It takes about 1-2 weeks. After that, the creation of the company is complete. Then we apply for a work permit for the husband.

It will be provided in about 2 weeks. Then you apply for a visa at the Ukrainian embassy in Germany and travel with the visa. During this stay, we ourselves apply for a permit for you; the processing takes about one month. However, you only have to stay here for one day to apply.

Then you come again and collect a residence permit from us, register with the police at the address of actual registration.

In this case, a residence permit and a work permit are available to the husband. Then the wife applies for a residence permit for family reunification with her husband.

For this, an application for a visa is first submitted, then entry to the country is carried out, after which an application for a residence permit is submitted. The same as with the other spouse. The document can also be picked up in a month. Then the couple will be in Ukraine with a permanent residence permit. After that, the formal basic requirements for private adoption or adoption in accordance with the legislation of Ukraine apply.

As a result, the founder of the company (husband) came to Ukraine 3 times and his wife 2 times.

Creation of the company and bookkeeping is carried out by us and is included in the price. The same applies to the closing and liquidation of the company after the adoption is completed. Wages must be paid and taxes paid in order to provide a secure livelihood and a minimum income for the authorities and to prove suitability for adoption.

Currently, the adoption of a married couple with a child requires about UAH 25,000/month.

About 40% of this amount is taxes and social security deductions. The other 60% or so is paid to you as wages. Auxiliary expenses for wages now amount to about 13,000 hryvnias per month.

These salaries are paid approximately 5-6 times in a typical adoption process. It depends on the situation and regional differences.

In addition, 5% income tax must be paid on account deposits („LLCs“). VAT is not found in Ukrainian companies that provide services.

So it would be wise to consider whether you provide enough share capital to the company from the outset to pay wages out of it, then the 5% tax does not apply, or whether you use that money to pay wages through sales. In addition, there is a flat tax of 5%, which is comparable to German trade capital tax but much lower, and a bank transfer fee. Thus, the immediate one-time payment of the necessary amounts as authorized capital („LLC“) is more profitable.

And also as a turnover, a regular periodic payment is possible. When calculating, it is necessary to take into account the costs of housing rent for the period from the date of issuance of the adoption certificate to the adoption decision. Here you can count on around 500 euros and above.

This means that both couples will have the legal status of permanent residence in Ukraine, which is a necessary condition for private adoption according to the national legislation of Ukraine.

The next step is to apply for an adoption certificate.

This requires medical examinations, visits to children’s services, etc. Then the relevant reports are drawn up, which are very similar to adoptions in Germany or adoptions abroad. There is practically no difference in how the government does it. All this is organized by our employees and has a more formal character. Your presence is important. Of course, we provide an approved translator from our company, as well as a lawyer from our law firm, to accompany you and ensure the successful completion of the entire process, as well as determination and certification of suitability for adoption.

Our legal specialist liaises with the authorities, while you are accompanied by a consultant who is a trained and officially approved translator.

Thus, you practically never contact the authorities on your own, everything is clarified as much as possible by our lawyer before your arrival.

Once we have completed this, we will be issued with an adoption certificate and your information will be entered into the adoptive parent database. This is the main obstacle on the way to adoption in Ukraine.

Now you can contact children for adoption with our help.

There is also an all-Ukrainian database of these children, in which you can see all the children who are up for adoption in Ukraine.

Then there are more or less long meetings. First, short ones, and then longer ones, also at your home in rented accommodation in Ukraine.

When the child suits you and you have made your decision, the application for adoption is submitted to the court with the necessary statements and documents that we prepare.

An adoption decision is made, and once the decision is final, you are legally the parent. We will then register you as the parent on the birth certificate and, if you wish, change your surname as well. The child can take your surname.

We, in turn, prepare all documents for recognition in Germany and departure. Among other things, a passport for the child is requested.

You can now travel to Germany.

After arrival in Germany or later, the recognition of the Ukrainian adoption judgment can be arranged.

The help of our expert colleague in Germany would also be useful here. We provide all necessary documents and register the entire adoption process to facilitate recognition. He is well acquainted with recognition and, as a leading legal specialist in this field in Germany, has unrivaled experience. We work hand in hand here.

Features

According to Ukrainian legislation, adopted children must retain Ukrainian citizenship until they reach the age of 18.

In order to be able to carry out a private adoption in accordance with the national legislation of Ukraine, applicants must have a residence permit in Ukraine if they are foreigners. Of course, we will make them for you absolutely legally, quickly and easily.

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