The Verkhovna Rada Regulates the Forced Evacuation of Children During Martial Law
On 10 February 2026, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Mandatory Evacuation Procedures.”
The document aims to improve the mechanism of mandatory evacuation under martial law. Particular attention is given to the procedure for the forced evacuation of children, especially in cases where parents refuse to ensure their children are accompanied to safe areas. The document sets out exactly how the state should act when children are at risk due to hostilities and their parents refuse to leave the danger zones.
Why is this important
During martial law, complex situations arose in which settlements were under shelling, children were exposed to danger, while parents refused to leave. There were no clearly defined rules outlining how public authorities should act in such circumstances.
The practical application of legislation during martial law demonstrated the need for clearer legal regulation of the actions of public authorities and the responsibility of parents when a child’s life and health are at risk.
Who Carries Out the Evacuation of Children?
A decision on mandatory evacuation (including the forced evacuation of children) from areas of possible or active hostilities is made by regional military administrations or the Kyiv City Military Administration upon the proposal of the military command and with the approval of the Coordination Headquarters.
An important development is the amendment of the Civil Protection Code of Ukraine with new provisions that were previously absent. In particular, the law now clearly stipulates that:
- The forced evacuation of children is carried out by guardianship and custodianship authorities with the involvement of the National Police of Ukraine to ensure public safety and order.
- In settlements located in areas of active hostilities, evacuation is carried out by police officers authorized by a decision of the head of the relevant body or unit of the National Police of Ukraine.
- After evacuation to safe areas, children are transferred to guardianship and custody authorities for further measures in accordance with the law.
What Happens If Parents Refuse to Evacuate Their Child
If a decision is made to conduct the forced evacuation of children from settlements located in areas of active hostilities, parents or other legal representatives are obliged to ensure their children are accompanied to safe areas — personally or, with their consent, by other persons.
If parents (or persons replacing them — a stepfather, stepmother, guardian, custodian, or another person responsible for the child’s upbringing or care) refuse to accompany the child, the evacuation is carried out by police officers authorized by a decision of the head of the relevant body or unit of the National Police of Ukraine, without parental accompaniment, with the further transfer of the child to guardianship and custody authorities in a safe area.
In such cases, the guardianship and custody authority is obliged to:
- immediately notify the prosecutor;
- within seven days after the decision is made, or immediately after the child is transferred, file a claim with the court seeking deprivation of parental rights of one or both parents, or removal of the child without deprivation of parental rights.
Thus, the law establishes a clear mechanism for state response in cases where the actions or inaction of parents pose a threat to the safety of the child.
The introduced amendments reinforce the principle that the life and safety of the child take unconditional priority over any other considerations during martial law.
This informational material was created within a project implemented by the Danish Refugee Council (DRC) with financial support from the Government of the United States of America. The views and opinions expressed are those of the author(s) only and do not necessarily reflect the views of the Government of the United States of America or DRC. Neither the Government of the United States of America nor DRC can be held responsible for the content of this material.
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