The specifics of child guardianship during martial law

Guardianship has long been and remains the most widespread legal form of care arrangement for orphans and children deprived of parental care. Guardianship is established to ensure the upbringing of children who, as a result of the death of their parents, deprivation of parental rights, court decisions on the removal of a child from their parents and transfer into care, parental illness, or other circumstances, have been left without parental care. It also serves to protect the personal and property rights and interests of such children.

As of mid-2025, approximately 62,000 children in Ukraine are classified as orphans or children deprived of parental care. Therefore, the effective functioning of a state system for the protection of their rights—particularly through guardianship—is of critical importance. This form of care contains significant positive potential: on the one hand, it allows a child to be raised in conditions as close as possible to a family environment; on the other, it ensures state oversight of compliance with the child’s rights and best interests.

Guardianship is established for a child who has not reached the age of fourteen.

Child guardianship is established by the guardianship and custody authority, as well as by a court in cases provided for by the Civil Code of Ukraine.

It should be noted that the institution of guardianship faced new challenges with the outbreak of active hostilities in Ukraine starting in February 2022. The number of children deprived of parental care increased significantly due to the death of parents or the unknown whereabouts of parents as a result of the war.

In order to respond promptly to the crisis, the state introduced simplified procedures for establishing guardianship. In particular, for the duration of a state of emergency or martial law, a simplified guardianship procedure applies for relatives and godparents of the child; mandatory training courses for persons who are in family or kinship relations with the child were abolished; and the list of required documents was reduced.

What documents are required to establish guardianship under the general procedure?

A person who expresses the intention to take an orphan or a child deprived of parental care into their family must apply to the Children’s Service at their place of residence and submit the following documents:

1. a copy of an identity document;
2. a taxpayer identification number (RNOKPP) or information confirming refusal to obtain an RNOKPP (for individuals who refuse to receive it due to religious beliefs);
3. a copy of a document indicating the unique record number in the Unified State Demographic Register (if available);
4. a certificate of salary for the last six months or information from the State Register of Individuals – Taxpayers on paid income and withheld taxes, or a certificate confirming submission of a declaration of property status and income for the previous calendar year;
5. a copy of a marriage certificate or an extract from the State Register of Civil Status Acts regarding marriage (for persons who are married);
6. a medical conclusion in the form approved by the Annex to the Procedure for Medical Examination of Persons Who Expressed the Intention to Adopt or Take a Child under Guardianship / Custody, Establish a Foster Family, a Family-Type Children’s Home, Provide Foster Care Services, or Act as Mentors, and of Persons Who Will Live Together with the Placed Child on the Same Residential Premises, approved by Resolution of the Cabinet of Ministers of Ukraine dated 1 October 2025 No. 1261 (hereinafter – the medical conclusion);
7. a certificate confirming the presence or absence of a criminal record for the applicants;
8. a document confirming ownership of or the right to use residential premises (for persons wishing to establish a foster family or a family-type children’s home on their own residential premises – a document confirming ownership);
9. a document confirming information about the place of residence (stay) of the applicant and their family members who live together with them on the same residential premises (for persons wishing to establish a foster family or a family-type children’s home);
10. written consent of all adult family members residing together with the person who intends to take an orphan or a child deprived of parental care under guardianship or custody, establish a foster family, or a family-type children’s home on their own residential premises, with the authenticity of signatures notarized, or written personally in the presence of an official receiving the documents, with a note made on the application indicating the surname, first name, patronymic (if available), signature of the official, and date;
11. consent of the second spouse, with the authenticity of the signature notarized (if the person intending to take an orphan or a child deprived of parental care under guardianship or custody is married);
12. a letter from the territorial body of the National Police confirming the presence or absence of facts of domestic violence or gender-based violence committed by the person, which confirms or refutes the application of an administrative penalty under the relevant article of the Code of Ukraine on Administrative Offenses.

A decision on establishing guardianship is made by the Children’s Service within one month from the date of submission of the application and documents.

How to apply for guardianship?

An application may be submitted either in paper form directly during a personal appointment at the Children’s Service or electronically via the Unified State Web Portal of Electronic Services.

As can be seen, the guardianship establishment procedure is quite complex and lengthy, involving the collection of a significant number of required documents and completion of relevant training. However, during wartime, there is an opportunity to establish guardianship under a simplified procedure or to arrange temporary guardianship.

How to establish guardianship under the simplified procedure during martial law?

During a state of emergency or martial law in Ukraine, a person who is in family or kinship relations with an orphan or a child deprived of parental care (a person who became the child’s godparent before the child acquired such status) and who expressed the intention to take the child under guardianship submits the following documents to the Children’s Service at their place of residence or at the place where the child was identified:

1. an application;
2. a copy of a passport;
3. documents confirming family or kinship ties with the child;
4. certificates from a narcologist and psychiatrist confirming absence from medical registries;
5. a certificate confirming the presence or absence of a criminal record, issued by a territorial service center 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 guardianship submits a declaration confirming that they have not been held criminally liable. Responsibility for the accuracy of the information regarding the absence of a criminal record provided to the Children’s Service rests with the guardian.

The decision to establish guardianship is made by the Children’s Service within one month after submission of the application and documents; however, relatives or close persons may use the mechanism of temporary placement of the child, which allows them to take the child into their care within one day without waiting for full guardianship formalization.

After the termination of a state of emergency or martial law, the certificate confirming the presence or absence of a criminal record must be submitted to the Children’s Service within one month.

In the event that false information is discovered, guardianship may be revoked within one month.

It should be noted that godparents may establish guardianship or custody only if they became the child’s godparent before the child acquired the status of an orphan or a child deprived of parental care.

It should also be emphasized that during martial law, the mechanism of temporary placement of a child or temporary guardianship remains particularly relevant.

What is temporary guardianship?

The institution of temporary guardianship is a legal mechanism officially referred to as “temporary placement of a child” (under Resolution of the Cabinet of Ministers of Ukraine No. 866). Temporary placement of a child is the process of transferring a child deprived of parental care for upbringing to relatives, acquaintances, foster carers, or other institutions by decision of the Children’s Service. It allows relatives, acquaintances, or godparents to place the child in their family for the period until a final decision regarding the child’s future is made (adoption or permanent guardianship).

The main purpose is to ensure care and protection for the child (schooling, medical care), especially in wartime conditions, until the guardianship authorities adopt a final decision. The basis for the child’s temporary stay in the family of relatives or other persons with whom the child has established close relationships is an order of the Children’s Service on temporary placement of the child.

How to arrange temporary guardianship?

A person who has expressed the intention to take a child under guardianship submits the following documents to the Children’s Service at their place of residence or at the place where the child was identified:

1. an application expressing consent to temporarily place the child in their family;;
2. a copy of an identity document or a refugee certificate, a certificate of a person in need of additional protection, or a certificate confirming application for protection in Ukraine. If a copy of a foreigner’s passport is submitted, it must be accompanied by a copy of a permanent or temporary residence permit in Ukraine;
3. a housing conditions assessment report;
4. the child’s consent (if the child is able to express their opinion) in the form of a written statement handwritten in the presence of the official receiving the documents, with a note made on the application indicating the surname, first name, patronymic, signature of the official, and date;
5. if the child cannot provide written consent, the official receiving the documents draws up an act on the form established by the Ministry of Social Policy regarding the form and content of such consent;
6. written consent of all adult family members residing together with the person who has given consent for temporary placement of the child in their family to live in the same residential premises, handwritten in the presence of the official receiving the documents, with a note made on the application indicating the surname, first name, patronymic, signature of the official, and date.

If the submitted documents are reviewed positively, the Children’s Service issues an order on temporary placement of the child within one day.

What are the main advantages of temporary guardianship?

• Simplified procedure for relatives: relatives and godparents may immediately arrange temporary placement of the child without waiting for an official decision on adoption or permanent guardianship, which accelerates the provision of assistance.
• Protection of rights and interests: the temporary guardian is vested with the right to represent the child’s interests in everyday life.
• Simplified documentation: temporary placement is established by an order of the Children’s Service, ensuring rapid stabilization of the situation related to the loss of parental care. There is no need to wait for a lengthy decision of the Children’s Service or a court ruling.
• Preservation of the family environment: the child remains in a familiar environment, minimizing stress and trauma.

How to arrange temporary guardianship?

It is necessary to apply to the guardianship and custody authorities or to a Centre for the Provision of Administrative Services (CNAP) with an application for establishing temporary guardianship. The applicant may apply in person or through a legal representative, or by sending the documents by post (registered mail).

To receive a legal consultation on guardianship matters, you may follow this link.

This informational material was created within the framework of a project implemented by Charitable Foundation “Caritas Kharkiv” in cooperation with the Danish Refugee Council (DRC) and funded by the European Union’s Civil Protection and Humanitarian Aid Operations. The views and opinions expressed are those of the author(s) and do not necessarily reflect the views of the European Union or the DRC. Neither the European Commission nor the DRC can be held responsible for the content of this material.