Registration of guardianship over a minor child deprived of parental care by a family member

Dmytro* and his younger minor sister Anna* moved from the village of Komysh-Zorya in Zaporizhzhia region to Poltava. Dmytro and Anna's parents were unable to leave with their children and remained in the non-government controlled area.

At their place of residence in Poltava, they needed to formalize custody of their younger minor sister, as the man faced a number of problems with Anna's enrollment and upbringing.

He turned for help to Daria Malinnikova, a lawyer at the Institute of Analysis and Advocacy. The lawyer advised Dmytro on possible options for obtaining guardianship over a child deprived of parental care, helped him collect the necessary package of documents and submit them to the guardianship and custody authority to grant the child the status of a child deprived of parental care, with further guardianship over the girl's older brother.

Currently, the girl's guardianship has been formalized, and her rights and interests are protected.

It is worth noting that the Procedure for the Conduct of Activities Related to the Protection of Children's Rights by Guardianship and Trusteeship Authorities, approved by Resolution of the Cabinet of Ministers of Ukraine No. 866 of September 24, 2008, was supplemented by provisions on the specifics of the placement of children left without parental care, including children separated from their families, orphans, and children deprived of parental care, in the event of a state of emergency or martial law in Ukraine (paragraphs 78-85).

During the state of emergency or martial law on the territory of Ukraine, a person who is in family or kinship relations (including godparents) with an orphan or a child deprived of parental care and who has expressed a desire to take the child under guardianship or custody shall submit the following documents to the service for children at the place of residence or at the place where the child was found

- application;

- a copy of the passport of the citizen of Ukraine;

- documents confirming family and kinship ties between the person and the child;

- a certificate from a narcologist and a psychiatrist stating that the person is not registered;

- a certificate of no criminal record issued by the territorial center for the provision of services of the Ministry of Internal Affairs at the applicant's place of residence or through the Diia portal. If it is impossible to obtain such a certificate, the candidate for guardian or custodian shall submit a statement that he or she has not been brought to criminal liability in accordance with the articles of the Criminal Code of Ukraine referred to in paragraph 10 of part one of Article 212 of the Family Code of Ukraine. Responsibility for the accuracy of the information provided to the Service for Children's Affairs on the absence of a criminal record rests with the guardians or custodians.

The provision of free legal aid in Poltava region was made possible through the cooperation of the NGO “Institute of Analysis and Advocacy” with the Danish Refugee Council (DRC) and funding under the civil protection and humanitarian assistance of the European Union.

*Names have been changed.