On illegal adoption of the orphaned children of Ukrainian nationality in Crimea
According to the available information, a programme named “The Train of Hope – Crimea” is implemented at this time under the auspices of Russian non-governmental organizations in the Autonomous Republic of Crimea. The programme has as its aim the adoption by the citizens of the Russian Federation of the orphaned children and children dispossessed of parental care, but who are the citizens of Ukraine and live on the territory of the Autonomous Republic.
Article 21 of the UN Convention on the Rights of the Child establishes that the member states that recognize or allow the existence of the system of adoption should see to it that the adoption of a child be done only with permission of a relevant public authority.
In accordance with art. 283 of the Family Code of Ukraine the adoption of the children of the citizens of Ukraine by foreign citizens must only take place upon permission of a public authority that implements the policy of the state in the field of child adoption and protection of children’s rights. In Ukraine such authority is the Ministry of Social Policy.
The Ukrainian side has to state its decisive and categorical protest in conjunction with the aforementioned actions concerning the said categories of children – citizens of Ukraine, as such actions run counter international law and legislation that is now in effect in Ukraine. Ukrainian side also states that these actions are done without observance of established procedures in this sphere, and draws attention to the fact that such adoption is unlawful and will subsequently be considered as null and void from the legal point of view.
Ukrainian side demands that Russian side take all measures in accordance with its commitments under international law, necessary for preemption of unlawful adoption of Ukrainian citizens by foreigners and their subsequent illegal removal from the territory of Ukraine.
We call on the international community to denounce Russia’s unlawful actions, aimed at continual violations of the rights and freedoms of the child.