THE CHILD’S RIGHT TO A FAMILY: LEGAL ASPECTS OF ADOPTION, GUARDIANSHIP AND PATRONAGE IN UKRAINE

Abstract

The article examines the legal aspects of realization of the child’s right to a family through the mechanisms of adoption, guardianship and patronage in Ukraine. The author analyzes in detail the legislative regulation of these forms of child placement, identifies their legal nature, advantages and disadvantages, taking into account the provisions of the Family and Civil Codes of Ukraine, the Law of Ukraine “On Protection of Childhood”, bylaws, and international legal norms, in particular the UN Convention on the Rights of the Child. It has been established that adoption is the most stable and complete form of child placement, as it creates new legal ties sim- ilar to a biological family. Guardianship provides temporary but legal protection and upbringing of a child, mainly by relatives, but has limited legal effect on inheritance and change of the child’s status. Patronage, as an innovation in Ukrainian law, is a professional form of temporary care that provides social support and rapid intervention in cases of crisis, enabling the child to remain in the family environment without changing his or her legal status. The paper systematizes the key stages of adoption, guardianship and foster care procedures, analyzes the competen- cies of the relevant public authorities, and characterizes the problems that arise in practice, in particular: excessive bureaucratization, lack of trained personnel in children’s services, insuffi- cient public awareness, and the risks of a formal approach to the assessment of candidates for guardianship or adoption. The author emphasizes the need to strengthen control by guardian- ship authorities over the child’s living conditions, to increase the effectiveness of social support for foster and adoptive families, and to improve information support for potential adopters. The author suggests ways to improve the legal framework and practical mechanism for realization of the child’s right to a family. Particular attention is paid to building the institutional capacity of the State in the field of protection of children’s rights and development of partnership between State and non-State structures.