Death or Disappearance of a Military Father – When It Grants the Right to Adopt a Child

During the war, many families face difficult life circumstances when one of the child's parents may die, go missing, be held captive, or be unable to fulfill parental duties for a long time. In such cases, the child is often actually raised by another person — a stepfather, stepmother, grandmother, grandfather, or another relative. This was explained by the Children's Affairs Service of the Kharkiv Regional State Administration.

In this regard, the question arises about the possibility of adopting a child of a deceased or missing serviceman. The legal possibility depends on the specific legal status of the parents and the circumstances of the case.

Adoption as a Legal Procedure

The mere fact of the death or disappearance of one parent does not mean automatic adoption of the child. Adoption involves a complete change in the child's legal status, where the adopter acquires all the rights and responsibilities of a mother or father.

According to Article 207 of the Family Code of Ukraine, adoption is the acceptance of a person into a family as a daughter or son and is carried out exclusively in the best interests of the child to ensure stable living conditions.

Parental Consent and Exceptions

According to Article 217 of the Family Code of Ukraine, adoption is usually carried out with the consent of the parents.

At the same time, Article 219 of the Family Code defines cases when such consent is not required. This is possible if the parents are:

• unknown;
• declared missing;
• declared legally incapacitated;
• deprived of parental rights;
• or other grounds provided by law.

What the Court Considers

The court must assess a number of circumstances defined by Article 224 of the Family Code of Ukraine. Among them are:

• the health, family, and financial status of the applicant;
• the motives for adoption;
• living conditions;
• attitude towards the child;
• other factors affecting the child's interests.

The procedure for case consideration is regulated by Articles 310–314 of the Civil Procedure Code of Ukraine.

Status of Missing Persons

It is specifically noted that the mere fact of a serviceman's disappearance does not automatically provide grounds for adoption without the consent of the other parent.

For the application of the relevant norms, it is important that the person is officially recognized by the court as missing or declared deceased.

Thus:

• the death of one parent — may be grounds for adoption;
• recognition as missing — may allow adoption without consent;
• the mere fact of disappearance — is not sufficient grounds.

When Adoption Is Considered in Practice

Most often, adoption is considered in cases when:

• one parent has died;
• one parent is recognized as missing or declared dead;
• the child has been raised for a long time by another family member;
• the actual guardian has replaced the child's father or mother;
• family relations have formed between the child and the applicant;
• stable upbringing conditions need to be ensured.

In cases of temporary absence of parents, captivity, or lack of a court decision on the person's status, guardianship or custody mechanisms are more often applied.

What the Court Checks in Such Cases

The key criterion is the best interests of the child. The court establishes:

• who exactly is filing the adoption application;
• the nature of the relationship between the applicant and the child;
• whether they live together;
• whether the child perceives the applicant as a father or mother;
• whether the necessary consents are present;
• living conditions;
• the conclusion of the guardianship and custody authority;
• whether the adoption corresponds to the child's interests.

Documents for Case Consideration

The following are usually submitted to the court:

• applicant's passport;
• child's birth certificate;
• marriage certificate (if available);
• death certificate or court decision regarding the parents' status;
• conclusion of the guardianship and custody authority;
• housing conditions inspection report;
• income certificate;
• medical documents;
• certificate of no criminal record;
• character references and other materials confirming family relations.

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