What is the procedure for restoring parental rights

Restoration of parental rights is a legal mechanism that allows a mother or father deprived of parental rights to apply to the court with a claim for their restoration. Such an application is possible only if there are no grounds that served as the basis for deprivation of rights (Article 169 of the Family Code of Ukraine). The right to file a claim belongs exclusively to the mother or father; guardianship authorities, relatives, or the child themselves do not have this right. This was reminded by the Ministry of Justice of Ukraine.

Restoration of parental rights is impossible if the child has been adopted and the adoption has not been canceled or declared invalid by the court, as well as if the child has reached adulthood at the time of the case consideration. In the case of simultaneous submission of an adoption application and an application for restoration of parental rights, the court considers them in one proceeding (Article 169 of the Family Code of Ukraine).

Restoration of parental rights

A lawsuit for the restoration of parental rights is accepted by the court regardless of the time the decision on deprivation was made. Cases are considered in civil proceedings at the place of residence or stay of the defendant in compliance with the requirements of Article 175 of the Civil Procedure Code of Ukraine. When considering the case, the court takes into account the interests of the child, the opinion of the other parent and persons with whom the child lives, as well as the position of the child themselves, if they can express it.

Documents and other evidence confirming the correction of the plaintiff's behavior or the absence of grounds for deprivation of rights must be attached to the claim, including:

- identity document, taxpayer identification number (RNOKPP);

- family composition certificate;

- child's birth certificate;

- court decision on deprivation of rights;

- certificate of no alimony arrears;

- inspection report of living conditions;

- witness statements, work and residence characteristics;

- medical certificates (treatment for addictions, mental state);

- other documents confirming improvement of material or housing conditions, change of lifestyle;

- conclusion of the guardianship authority regarding the advisability of restoring rights.

What the court considers

The court considers such circumstances as payment of alimony, restoration of communication with the child and participation in their upbringing, undergoing treatment for addictions, availability of proper housing conditions and stable income, critical attitude towards past behavior, absence of administrative or criminal liability. The conclusion of the guardianship authority may be rejected by the court if it contradicts the interests of the child.

After the decision comes into legal force, the court sends it to the civil status registration authority at the place of the child's birth registration. Parents restored in their rights again acquire all rights and obligations regarding the child. In case of refusal of the claim, reapplication is possible only after one year from the date the court decision comes into force.

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