An Italian court has approved the adoption of a Ukrainian child despite the child having family in Ukraine
Ombudsman Dmytro Lubinets reported that an Italian court has ruled to place a Ukrainian child with a foreign family. According to him, this violates international adoption procedures, as the child has a mother and sisters in Ukraine. He called for the child to be returned and for the decision to be appealed.
“The child—a citizen of Ukraine—was evacuated to the Italian Republic in 2022. Evacuation is a form of temporary protection. However, the Juvenile Court of Lecce (Apulia region) ruled on her adoption by foreign citizens. The critical issue is that the child’s father went missing while defending Ukraine! The mother is alive and has not been deprived of her parental rights,” Lubinets writes.
Ukraine has a moratorium on intercountry adoption to protect evacuated and forcibly displaced Ukrainian children; children whose parents are missing under special circumstances; and children whose parents are defending the country.
The Ombudsman points out that the court’s decision grossly violates international standards for the protection of children’s rights, as keeping a child with their family and in their country of birth is a priority. In this case, the Italian court not only ignored the moratorium but also the fact that the child has a family—a mother and biological sisters who have already returned to Ukraine.
Lubinec stated that other violations regarding evacuated children have also been documented: the removal of Ukrainian legal guardians, the appointment of foreign guardians, and restrictions on Ukrainian diplomats’ access to the children. Systemic problems exist particularly in Germany and Switzerland.
“According to my information, similar risks have been identified regarding another 82 children from the Chynadiyevo preschool (orphanage) of the boarding school type, the ‘Emerald City’ Sanatorium and Health Center for Social Rehabilitation, and the Sumy Orphanage named after S.P. Suprun,” the ombudsman added.
He noted that he had already raised this issue with a number of Ukrainian and European officials.
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