Legal aspects of protecting children when crossing the Ukrainian border

Simplified rules for crossing the Ukrainian border by children, introduced at the beginning of the escalation of hostilities in Ukraine, remain in force in 2025. Thus, the procedure for children traveling abroad accompanied by one parent without the notarized consent of the other has been simplified, as well as the procedure for crossing the border for certain categories of children accompanied by other adults.

In which cases is the consent of the second parent not required?

A child may travel abroad without notarized consent of the other parent if:

the child is traveling with one of the parents;
the child is accompanied by close relatives: grandmother, grandfather, adult brother or sister, stepfather or stepmother;
the trip is temporary in nature (vacation, medical treatment, etc.);
documents confirming family ties with the child, as well as the child’s personal documents (birth certificate, foreign passport, and ID card (if available)) are presented at the border.

When is parental consent mandatory?

Notarized consent of both parents, or a written statement of one parent certified by the guardianship authority, is required if:

the child is leaving Ukraine for permanent residence or for a long-term stay;
the child is accompanied by a third party who is not a relative (teacher, coach, acquaintance);
the destination country requires it for border control.

Can a child travel abroad independently?

Children under the age of 16 must travel abroad only when accompanied by adults.

Children who have reached the age of 16 may travel abroad independently without any escort, provided they present a foreign passport, in accordance with Article 313 of the Civil Code of Ukraine.

Which documents must a child traveling alone present at the border?

Minor citizens of Ukraine traveling abroad independently must present at the border:

a Ukrainian passport for traveling abroad;
an internal Ukrainian passport and a birth certificate (it is advisable to have these when crossing).

Attention! Even under the simplified procedure, border guards may request additional documents or conduct checks if there are doubts about the authenticity of the documents provided.

Are there specific rules for boys aged 16–17 traveling abroad?

It should be taken into account that boys who have turned 16 acquire the status of conscripts and must register and receive a certificate of registration at the enlistment office before turning 17.

Adolescents aged 16 may leave Ukraine without any restrictions. They must have a foreign passport and it is recommended to carry a birth certificate. Border guards cannot deny them exit.
Boys aged 17–18 may travel abroad. As minors, they are not subject to restrictions on leaving Ukraine. Additionally, at the border, they must present a military registration document – a certificate of registration at the enlistment office.Departure at the age of 17 may be restricted if the adolescent has not registered for military service.

It should be noted that no additional permits or certificates from the Territorial Centers of Recruitment and Social Support are required at the border.

Are there specific rules for orphans and children deprived of parental care?

Children living in healthcare, educational, or other childcare institutions may cross the border if a notarized consent from the head of the institution is presented and they are accompanied by a designated person. The National Social Service of Ukraine oversees the process of departure of orphans, so it is important to ensure that all documents and procedures are coordinated with this authority and comply with the Procedure for Organizing the Departure of Children Abroad for Recreation and Recovery, approved by Resolution of the Cabinet of Ministers of Ukraine dated 10.11.2021, No. 1167.

Which documents must be presented at the border for this category of children?

Children placed in foster families for upbringing and cohabitation must present the original foster care agreement or its notarized copy and travel with the foster parents or one of them.
Children placed in family-type children’s homes must present the original agreement on the establishment of the family-type children’s home or its notarized copy and travel with the foster parents or one of them.
Children under guardianship or custody by decision of guardianship authorities must present the original decision/order establishing guardianship or custody, or its notarized copy, and travel with the guardian or custodian.
Children under guardianship or custody by court decision must present the court ruling or its notarized copy and travel with the guardian or custodian.
Children placed under patronage by decision of guardianship authorities until adulthood may cross the border if they present the original patronage agreement, certified by an authorized official of the relevant local administration or city council (except for towns of district significance), stamped with the official seal, or its notarized copy, and are accompanied by the patronage caregiver.
In cases where one foster parent/guardian travels with the child, notarized consent from the other parent/guardian must be presented, specifying the destination country and duration of stay, if the other is absent at the border crossing point.

Can a refusal to allow crossing the border be appealed?

According to Part 3 of Article 14 of the Law of Ukraine "On Border Control," a person who has been refused crossing the state border has the right to appeal the decision. More on appealing refusals is available in a separate material.

Attention! Appealing this decision does not suspend its effect. The appealed decision may be canceled or amended by the head of the border protection authority, or canceled and invalidated by the court.

What is advisable for a successful border crossing with a child?

Planning a trip abroad with a child requires careful preparation and knowledge of all rules and requirements in effect in Ukraine and the destination country. Ensuring the availability of all required documents and taking into account the specific requirements of the country of destination are key to successful border crossing.

Important to consider:

Border crossing rules may change without prior notice.
Other countries may have additional entry requirements for children.
Always check up-to-date information immediately before traveling.

If you have questions or need advice on crossing the border, you can register for a consultation at 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.