Kuzyk V., Kasiyanchuk V., Ukrainian O. International standards of the institution of child adoption

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.247-252

Purpose. The purpose of the article is to study the foreign experience of legal regulation of adoption of children by foreigners, primarily under the laws of the European Union and the countries bordering Ukraine. Methodology. In order to achieve this goal, the author conducted a comprehensive analysis of the available information on the issue under consideration and formed conclusions and proposals based on the same. The following methods of scientific cognition were used in the course of the study: dialectical, system-structural, terminological, system-functional, historical, normative-dogmatic, and generalization methods. Results. As a result of the research, it was found that in the practice of the states neighboring Ukraine and the European Union member states, there are three approaches to determining the procedure for the adoption of children by foreign citizens: by determining the national regime for foreigners, similar to that which exists for citizens of the respective state (Latvia); by determining the conflict of laws applicable to adoption relations, as defined in civil codes (Germany, France, Czech Republic or separate laws on private international law (Spain, Switzerland); through the establishment of a separate adoption procedure (Bulgaria, Belarus, Moldova, Ireland) or the exceptional case of adoption by foreigners using the same adoption procedure as in domestic adoption (Poland, Hungary). Originality. For the first time, the author systematizes and summarizes the material on the peculiarities of legal regulation of adoption of children by foreigners under the family law of foreign countries and identifies international standards for the functioning of this institution. Practical significance. The results of the research can be used in the law-making and human rights activities of officials, human rights activists and scholars regarding the legal regulation of adoption of children by foreigners under the family law of Ukraine based on the international standards that have been formed on the European continent.

Key words: international experience, international standards, institution of adoption, adoption of children by foreigners, adoption procedure, European practice of child adoption.

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