Adoption During the War: Why Courts Are Increasingly Scrutinizing Candidates' Motives and What Risks Are Revealed in Cases

The war has significantly changed approaches to child adoption in Ukraine. Although adoption remains a priority form of family placement, courts and guardianship authorities are paying increasing attention not only to candidates' documents but also to their true motives, psychological readiness for parenthood, quality of connection with the child, and ability to provide a stable family environment. Additional challenges include the evacuation of children, changes in legislation, staff shortages in social services, and new legal circumstances related to martial law.

The National Association of Advocates of Ukraine analyzed current trends in adoption, judicial practice, and problems faced by prospective adoptive parents, children, and state bodies.

How many adoption cases are considered by courts

According to data provided by the NAAU, in 2025 courts reviewed about 5,000 adoption cases involving Ukrainian citizens residing in the country.

During this period, courts issued 4,371 decisions, of which 4,276 applications were granted. At the same time, about 900 cases remained unresolved at the end of the reporting period.

Experts emphasize that candidates' financial capacity is not always the decisive criterion for successful adoption. Equally important are adults' psychological readiness, motivation, and ability to assume long-term responsibility for the child.

How the war affected adoption

One of the biggest challenges after the start of the full-scale invasion was the evacuation of orphans and children deprived of parental care.

Specifically, over 1,500 such children were evacuated from Kyiv, some of them abroad. Additional difficulties arise from frequent legislative changes, inconsistencies in certain regulations, varying interpretations of international documents, shortage of social workers, professional burnout among specialists, and interagency coordination problems.

Meanwhile, the number of children legally eligible for adoption and registered locally is gradually decreasing. In contrast, the number of prospective adoptive parents has increased since the start of the large-scale war, with the highest activity recorded in 2024.

Reasons for this growth include the desire to take into the family a child who might have become orphaned due to hostilities, the wish to help children who lost parental care, and the influence of mobilization processes.

Which children are adopted least often

One of the most problematic categories remains older children.

According to specialists, a significant portion of children registered for adoption are over 11 years old. It is also more difficult to find families for sibling groups that cannot be separated and for children with disabilities.

At the same time, most candidates focus primarily on younger children, so adoption of children with disabilities or siblings who must be placed together remains rare.

Temporary guardianship before court decision: why children are sometimes returned

After submitting an adoption application to the court, candidates may apply to the guardianship authority at the child's location to temporarily take the child into guardianship until the court decision becomes legally binding.

It is at this stage that children are sometimes returned. Such cases are not considered annulment of adoption since legally the adoption is not yet completed. Only temporary guardianship is terminated in these situations.

Experts stress that candidates should receive as complete information as possible about the child — health status, living conditions, presence of siblings, relatives, and reasons for removal from the biological family.

There have been cases when, after living together with the child, candidates learned about health circumstances not reflected in the provided information and subsequently withdrew the adoption application before the court decision became legally binding.

Age restrictions for adoptive parents

According to Article 211 of the Family Code of Ukraine, an adoptive parent must be a legally capable person who has reached 21 years of age, except in cases involving the child's relatives.

The law also requires that the age difference between the adoptive parent and the child be at least 15 years.

Experts believe this norm is imperative and in some cases may create difficulties even when the child actually lives with the prospective adoptive parent and stable family bonds have already formed between them.

Why courts scrutinize adoption motives especially carefully

Against the backdrop of martial law, judicial practice in adoption cases has undergone certain changes.

Whereas previously the main focus was on verifying documents and compliance with formal requirements, courts now increasingly investigate real family relationships, candidates' motives, their good faith, and intentions.

Special attention is paid to circumstances where the adoption decision may potentially affect obtaining deferment or exemption from military service.

In such cases, the applicant's military registration status, grounds for deferment or exemption from service, health status, and other relevant circumstances may be examined.

The most questions arise during intra-family adoption when a husband seeks to adopt his wife's child and acquire the status of father of three children.

When adoption can be annulled

Grounds for annulment of adoption are defined in Article 238 of the Family Code of Ukraine.

Specifically, this is possible if relationships between the adoptive parent and child have developed that make cohabitation and fulfillment of parental duties impossible. Also, discovery of a serious mental or other illness of the child unknown to the adoptive parent at the time of adoption can be grounds.

Experts note that legislation still does not clearly define procedural issues regarding annulment of adoption as it does for adoption cases themselves.

When considering such disputes, courts must take into account not only national legislation and Supreme Court practice but also provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The key criterion remains the best interests of the child and assessment of the possibility to preserve family ties without resorting to radical measures.

Why psychological attachment is crucial

Experts emphasize that during adoption it is important to assess not only the behavior and readiness of future parents but also the child's ability to form a safe emotional attachment.

Orphans may have no experience living with parents at all, and children deprived of parental care often have disrupted experience in building trusting relationships with adults.

That is why attachment and psychological adaptation issues are important both when making adoption decisions and when resolving disputes about possible annulment.

What experience is applied in Europe

The NAAU also highlighted the practice in the Czech Republic, where adoption issues are regulated by civil law.

There, social services and courts primarily act based on the best interests of the child and select future parents accordingly. Adoption is preceded by a lengthy stage of candidate preparation, checks, and gradual establishment of contact between the child and the prospective family.

Experts stress that in wartime, adoption requires a particularly balanced approach, as the correctness of decisions made determines the child's future and the stability of the newly formed family.

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