Parents of seriously ill children cannot be discharged from the army: why families are waiting for bill 15057

The foundation of society's resilience during war is a sense of justice. However, today there is an obvious legal paradox in the legislation: the status of a child with a disability grants an unconditional right to deferment from conscription, but ceases to be an independent ground for discharge as soon as the father puts on the uniform. That is, the scope of state guarantees for a child with a disability depends solely on the professional status of their father.

Bill No. 15057 aims to restore the principle of social justice by allowing servicemen to be discharged to raise children with disabilities without additional "filters" that currently make this process impossible.

The gap between mobilization and discharge

The main problem lies in the inconsistency of two laws. According to Article 23 of the Mobilization Law, men raising a child with a disability have an unconditional right to deferment. However, as soon as such a person becomes a serviceman, Article 26 of the Law "On Military Duty and Military Service" applies, which allows discharge only if there are no other persons (mother) obligated to raise the child.

In other words, the Military Service Law imposes an additional, often impossible requirement: discharge is possible only if there are no other persons obligated to raise the child.

This creates a situation where servicemen already fulfilling their duty are in a significantly worse position compared to those who have not yet been drafted. Moreover, in the case of erroneous or illegal mobilization of a person who had the right to deferment, current law does not allow correcting this situation after the start of service.

Bill No. 15057 proposes to remove the words about "absence of other persons" from the current provision. If the law is adopted, the basis for discharge will be the very fact of raising a child with a disability under 18 years old. This will equalize the rights of servicemen with those liable for military service who receive deferment regardless of the presence of another parent.

Constitutional and international guarantees: the child above all

The legal construction that makes care for a sick child dependent on whether the father is a civilian or a serviceman has signs of discrimination.

The current wording of Article 26 of the Military Service Law, which allows discharge only in the absence of other persons to raise the child, contradicts the Basic Law. Such regulation may conflict with Articles 3 and 21 of the Constitution of Ukraine, which establish that human rights and freedoms are the highest social value and that all people are equal in dignity and rights. A father's right to care for a child should not depend solely on his status as a serviceman.

Furthermore, Article 22 of the Constitution prohibits narrowing the content and scope of existing rights and freedoms when adopting new laws. According to the bill's initiators, current legal regulation effectively creates less favorable conditions for families of servicemen with children with disabilities than those provided by mobilization legislation.

According to Articles 51 and 52 of the Constitution of Ukraine, family, childhood, motherhood, and fatherhood are under state protection, and all children are equal in their rights regardless of origin or other circumstances. The scope of state guarantees for a child with a disability should not depend on whether one of the parents is serving in the military.

Let us also consider Ukraine's international obligations in the field of protection of the rights of children and persons with disabilities.

According to Article 3 of the UN Convention on the Rights of the Child, in all actions of public authorities, primary attention must be given to the best interests of the child, and the state must guarantee the child necessary protection and care. In addition, Article 23 of the Convention provides for the right of children with disabilities to special care and assistance, taking into account their needs and the situation of caregivers.

The UN Convention on the Rights of Persons with Disabilities obliges states to ensure the primacy of the best interests of children with disabilities (Article 7) and guarantee their right to family life, as well as provide necessary support to their families (Article 23).

Current provisions of legislation regarding discharge of servicemen do not fully comply with these international standards, as they may limit the father's ability to participate in caring for a child with a disability.

The main sign of discrimination in the current situation is that the status of a child with a disability loses its independent legal significance after the father's mobilization.

This creates a situation where children with absolutely the same medical and legal status receive different levels of state guarantees.

Current regulation effectively shifts the entire burden of care onto the mother, which contradicts the principles of equality of parental rights. Families with children with disabilities are often deprived of proper social support, and mothers are forced to make superhuman efforts. Bill No. 15057 will ensure the participation of both parents in the care, development, and socialization of the child, which is critically important for their full life.

400 families against the "system"

One of the main arguments against the bill is the Ministry of Defense's concern about reducing defense capability. The Ministry claims that demobilization of parents raising children with disabilities, even if their number is only a few hundred, "will harm the country's defense capability". The agency considers excluding any number of trained servicemen from the army as a risk to combat mission fulfillment.

The Ministry of Defense and the General Staff of the Armed Forces of Ukraine emphasize that the provisions of the bill should be considered exclusively within their powers regarding ensuring mobilization readiness and general mobilization or demobilization measures.

Implementation of the bill will require additional expenditures from the state budget for the Ministry of Defense and other military formations. In particular, full financial settlements with servicemen upon their discharge will need to be made, creating unplanned pressure on the defense budget.

According to the bill's initiators, the number of persons who may claim discharge is only 300–400 people.

Such a small number of people cannot undermine the front, especially given that more people leave the combat zone weekly than the number of parents of children with disabilities in the military.

Life despite the law: three stories of resilience

Behind every legal collision are the fates of real people.

Elvira's story: Elvira single-handedly cares for a 10-month-old child with microcephaly and epilepsy. The child requires constant medication, rehabilitation, and regular doctor visits. Her husband has been serving since 2021, and under current law, he is not discharged because "there is a mother." The family fell into a financial abyss: expenses for the child's treatment are twice the family's total income, forcing them to accumulate debts.

Victoria's story: Victoria raises a 13-year-old daughter with a chromosomal anomaly and epilepsy, who does not speak and requires constant care. Her husband was mobilized in 2025 during document renewal. Victoria herself has a Group II disability and mobility limitations but cannot be hospitalized because there is no one to leave the child with. Her 75-year-old mother also needs help. Despite her health, Victoria has to work as a teacher because her husband's salary and the child's pension are critically insufficient.

Tatiana's story: Tatiana single-handedly cares for her 13-year-old son with autism, who requires 24/7 supervision due to the risk of tantrums and sudden running away outdoors. She suffers from rheumatoid arthritis and needs treatment with IV drips, which she has to refuse due to severe pain. Her husband, who served over two years in the National Guard, filed a discharge request in 2024, but the issue remains unresolved. Without her husband's help, Tatiana cannot even take the child to school, which takes two hours one way.

From equality of rights to real care

Current regulation effectively shifts the entire burden of care onto the mother, contradicting the principles of equality of parental rights. Families with children with disabilities are often deprived of proper social support. Bill No. 15057 will ensure the participation of both parents in the care, development, and socialization of the child, which is critically important for their full life.

Bill No. 15057 is a test for Ukraine's compliance with the status of a European, legal, and social state. Adoption of this act will harmonize national legislation with international standards and ensure real, not declarative, protection of children's rights. The bill is aimed not at creating new privileges but protecting existing constitutional rights that were accidentally or deliberately narrowed during the legislative process. The Verkhovna Rada must show political will and correct this mistake, confirming that the individual and their rights are the highest value in Ukraine even during war.

Servicemen defending the Homeland should not be limited in rights compared to those who do not serve.

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